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Amik
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INDONESIA
Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS)
ISSN : 29638704     EISSN : 29637651     DOI : https://doi.org/10.55606/jhpis.v1i3
Core Subject : Social,
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS) adalah Jurnal ini memuat kajian-kajian di bidang ilmu hukum baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. JURNAL HUKUM, POLITIK DAN ILMU SOSIAL, Jurnal ini terbit 1 tahun 4 kali (Maret, Juni, September dan Desember
Articles 344 Documents
Upaya Pemerintah Kabupaten Badung dalam Meminimalisir Kasus Bunuh Diri Kadek Agus Sudharma; Ida Bagus Anggapurana Pidada; Ida I Dewa Ayu Dwiyanti
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5529

Abstract

Suicide is the act of taking one's own life by various means, either directly or gradually. The Badung Regency Government is working to prevent suicides, particularly at the Tukad Bangkung Bridge in Pelaga Village, by improving and securing the bridge area and installing CCTV. The Badung Regency Government is ready to assist, particularly by financing the construction of safety fences to prevent further suicide attempts. This research certainly uses the Empirical-juridical legal research method, which is a research method in which the legal research method is carried out by analyzing the law from the perspective of statutory regulations, and also observing how the law is implemented or applied in reality in society, an approach in legal research that aims to understand and analyze the law. Based on the results of the research that has been carried out. The efforts of the Badung Regency Government in Minimizing Suicide Cases, the qualifications for the act of ending one's own life or suicide in Article 345 of the Criminal Code state that "Anyone who intentionally encourages another person to commit suicide, encourages him in that act, shall be punished with imprisonment for 4 years, if that person commits suicide" Based on Article 345 of the Criminal Code.
Asas Praduga Tak Bersalah dalam Kasus Anak yang Dilibatkan Orang Dewasa dalam Pencurian di Bawah Paksaan Muhammad Yusuf; Hendrik Dengah; Mursani Mursani
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 1 (2023): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i1.5552

Abstract

This study examines the application of the principle of presumption of innocence to children involved in theft due to coercion by adults. Children as vulnerable subjects of law are often exploited or pressured to commit criminal acts against their free will, raising critical questions about the proper legal protection. Using normative juridical methods through legislative approaches and case studies, this study analyzes Indonesian regulations, especially Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, as well as relevant judicial practices. The results of the study show that although the principle of presumption of innocence is a fundamental legal guarantee, its application in the case of children is still inconsistent. Law enforcement officials tend to prioritize a repressive approach, ignoring the psychological condition of children and coercive elements that eliminate the element of error (mens rea). Theoretically, this study uses legal protection theory, justice theory, and restorative justice principles, with an emphasis that children who are forced to commit crimes should be seen as victims of exploitation. The conclusion of the study confirms that the effectiveness of legal protection depends on the consistency of the application of the principle of presumption of innocence, the integration of restorative approaches, and strong institutional support to ensure the best interests of children.
Eksistensi Hak Ulayat Masyarakat Adat di Kota Jayapura dalam Konteks Ancaman Penyerobotan Tanah Tri Mulyadi; Muhammad Yusuf; Hendrik Dengah
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 1 (2025): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i1.5553

Abstract

The customary land rights (hak ulayat) of indigenous communities in Jayapura City represent cultural identity with legal, social, spiritual, and ecological dimensions. However, their existence faces serious threats due to land grabbing practices by corporations, state-driven development policies, and individuals supported by biased regulations. This study employs a normative legal method with statutory, conceptual, and case approaches to examine the dynamics of hak ulayat protection. Findings indicate that although the 1945 Constitution and the Basic Agrarian Law recognize customary land rights, their implementation remains weak due to overlapping sectoral regulations, unfavorable legal pluralism, and the dominance of investment interests. These conditions place indigenous peoples in a subordinate position, leading to the loss of living space, cultural identity, and increased vulnerability to conflict. Legal protection efforts are required through regulatory strengthening, customary land inventory, the application of the principle of free, prior, and informed consent (FPIC), and the active role of judiciary and civil society. Such measures are essential to safeguard hak ulayat as cultural heritage and an instrument of social justice while preventing the recurrence of land grabbing practices that disadvantage indigenous communities in Jayapura City.
Kewenangan dan Pertanggungjawaban Notaris dalam Proses Pembentukan Perseroan Terbatas Mochammad Ibrahim Syam Rizki
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5562

Abstract

A notary plays a strategic role in the process of establishing a Limited Liability Company (PT) as a public official authorized to create authentic deeds. This authority is regulated under the Notary Office Act (UUJN) and the Limited Liability Company Act (UUPT), which stipulate that the deed of establishment of a PT must be made in the form of an authentic deed by a notary. This study aims to analyze the notary’s authority in the process of establishing a PT as well as the forms of legal liability that arise in the event of errors or negligence. The research method used is a normative juridical approach by examining legislation, doctrines, and relevant court decisions. The findings show that the notary’s authority is an attribution granted directly by law, and therefore its exercise must comply with legal procedures. A notary’s liability may be civil, criminal, or administrative if proven to have committed a violation, whether intentional or due to negligence. Thus, a notary does not merely function as a formal intermediary in the establishment of a PT but also as a guarantor of legal certainty for the parties involved. This study emphasizes the importance of professionalism and integrity of notaries in maintaining public trust and ensuring legal protection in the practice of establishing PTs.
Tinjauan Yuridis Perusahaan Pailit yang Berdampak pada Hak- Hak Karyawan Muhammad Hilmi Shofwan Ali
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5563

Abstract

The main issue in this study is the legal uncertainty regarding the protection of employees’ rights when a company is declared bankrupt. In practice, employees often occupy a weak position due to overlapping provisions between bankruptcy law and labor law, which results in unpaid wages and severance pay. This situation creates serious problems since employees are highly dependent on the company’s continuity for their livelihood. This research employs a normative juridical method with statutory and case approaches. The proposed solution is the need for synchronization between the Bankruptcy Law and the Manpower Law, as well as strengthening the legal position of employees as preferred creditors during the curatorial process. Furthermore, improvement of enforcement mechanisms is necessary to ensure that court rulings can provide stronger guarantees for employees’ rights. The findings reveal that although employees are normatively granted preferential rights, practical obstacles still exist, including conflicts of interest among creditors, limited company assets, and the weak role of curators in safeguarding employees’ entitlements. In conclusion, legal protection of employees’ rights in bankrupt companies has not been fully effective. Therefore, regulatory harmonization and the strengthening of legal instruments are required to ensure certainty and fairness.
Peran Bumdes Mangrove Maju Bersama Tanjung Rejo dalam Meningkatkan Kesejahteraan Masyarakat di Desa Tanjung Rejo Kecamatan Percut Sei Tuan Kabupaten Deli Serdang Natal Fernando Panjaitan; Agus Suriadi
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5568

Abstract

Village development is the main foundation of the national development plan to address the issue of high rural poverty. This study aims to analyze the role of the Mangrove Maju Bersama Village-Owned Enterprise (BUMDes) in Tanjung Rejo Village, Deli Serdang, in efforts to improve community welfare through the ecotourism sector and mangrove management. Using a descriptive qualitative approach, data were collected through in-depth interviews, observations, and documentation. Informants consisted of BUMDes administrators, village officials, and beneficiary communities. The results showed that BUMDes played a crucial role in job creation, income generation (through business diversification such as shrimp farming and handicrafts), and strengthening social participation and environmental conservation. Positive impacts were significantly observed in indicators of community health, education, and housing quality. Despite facing challenges such as limited capital and managerial capacity, BUMDes succeeded in making a substantial contribution to Village Original Income (PAD) and local economic empowerment. Despite the challenges faced by BUMDes, including limited financial resources and the need for enhanced managerial skills, its achievements in contributing to the village's economic empowerment and environmental sustainability are commendable. With continued support and capacity building, BUMDes can further expand its role in addressing rural poverty and enhancing the overall development of Tanjung Rejo Village.
Rekonstruksi Peran Judex Facti dalam Perkara Narkotika (Analisis Putusan Banding Nomor 130/PID.SUS/2023/PT DKI) Muh Amin Saleh; Junet Hariyo Setiawan
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5569

Abstract

This research aims to analyze the reconstruction of the judex facti role by the High Court in narcotics cases involving law enforcement officials. Using a normative juridical approach, this study conducts an in-depth analysis of Appellate Court Decision Number 130/PID.SUS/2023/PT DKI in the case of Inspector General Teddy Minahasa Putra. The findings reveal that the High Court failed to carry out its corrective function substantively as a judex facti. The study identifies three fundamental weaknesses: first, factual reconstruction was not supported by scientific verification and in-depth evidence analysis; second, there was non-compliance with electronic evidence standards as stipulated in Supreme Court Regulation No. 4 of 2020 and the Electronic Information and Transactions Law; third, structural bias was evident in handling this institutional case. This research recommends comprehensive reforms in the electronic evidence system through amendments to the Criminal Procedure Code (KUHAP), standardization of digital chain of custody, and strengthening the impartiality of appellate courts. The study makes a significant contribution to the development of criminal procedure law in the digital era, particularly regarding the accountability of the appellate judiciary system.
Tinjauan Yurdis Pencemaran Lingkungan Limbah Pabrik Tahu di Kabupaten Jombang : (Studi Kasus Pabrik Tahu, Desa Sumbermulyo, Kecamatan Jogoroto, Kabupaten Jombang) Muhammad Juang Tribuana
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5575

Abstract

This study discusses the issue of environmental pollution caused by tofu factory waste in Jombang Regency, particularly in Sumbermulyo Village, Jogoroto District. The focus of the study is directed at analyzing regulations as well as obstacles in law enforcement related to tofu industrial waste pollution. The method used is a normative juridical approach with the main legal foundation being Law Number 32 of 2009 concerning Environmental Protection and Management, and Jombang Regency Regional Regulation Number 8 of 2017. The results show that although comprehensive legal instruments are available, the implementation and enforcement of the law remain suboptimal. The main obstacles lie in the low public awareness, limited supervision, and weak sanctions imposed. These conditions have led to ongoing environmental pollution, threatening public health and ecosystem sustainability. Therefore, strengthening regulations, optimizing supervision, and increasing the active role of the government, law enforcement agencies, and community participation are urgently needed to preserve the environment.
Analisis Pelayanan dan Pengelolaan Pelabuhan Sri Bintan Pura Tanjungpinang Ayu Atikhah Adelia; Melza Stefani; Rani Puspita
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5574

Abstract

A port is a facility at the end of an ocean, river, or lake to receive ships and move goods and passengers into them. In this function, it means that the port must serve all forms of activities and interests related to the needs of people who will travel by using naval service facilities. Domestic passengers at Sri Bintan Pura port still feel dissatisfied with the service given, such as parking lots that have not been arranged properly, long queuses entering and/or leaving port, passenger terminal waiting room which is still under repair as well as facilities for disabled people who are inadequate. The problem studied is the level of satisfaction passengers (domestic) regarding services at the Sri Bintan Pura port passenger terminal Tanjungpinang. The method used in the research entitled analysis of service and infrasrtucture at the Sri Bintan pura Tanjungpinang port uses a literature riview method with a descriptive approach.
Evaluasi Kinerja RSUD Raja Ahmad Tabib Provinsi Kepulauan Riau dalam Meningkatkan Kualitas Layanan Publik Agra Dinda Nodori; Baiq Riska Nabila Anggraini Putri; Yesi Valentine
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 3 (2025): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i3.5581

Abstract

This article is an evaluation of the performance of Raja Ahmad Tabib Hospital of Riau Islands Province in improving the quality of public services. The evaluation was conducted through malpractice cases, surgical services, and community satisfaction index surveys. The research method used is Literature Review, Literature Review is a systematic, clear, and repetitive method for identifying, evaluating, and synthesising scientific research and ideas. The evaluation results show that this hospital has achieved some performance indicators, but there are still some indicators that have not been achieved. The submission of the Raja Ahmad Tabib Hospital's performance report aims to realise the hospital's accountability to the mandate giver. The performance evaluation of RAT RSUD shows the existence of special and general surgical services, as well as efforts to fulfil specialist doctors. However, there was a case of alleged malpractice at this hospital, which was denied by the hospital. Malpractice is a bad medical act committed by a doctor against a patient, and can have legal implications for the hospital, doctor, and patient. Performance evaluation and government agency performance reports (LKIP) are also an important part of hospital accountability.