Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS)
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
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343 Documents
<![CDATA[Penegakan Hukum Tindak Pidana Perjudian Sebagai Mata Pencaharian (Di Kepolisian Resor Kota Pasuruan) ]]>
<![CDATA[Khusniatul Amallia]]>;
<![CDATA[Yana Indawati]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 2 (2023): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v2i2.1631
<![CDATA[Gambling games are a crime regulated in article 303 bis of the Criminal Code. Gambling games are often used as a livelihood. Gamblers often make this a livelihood because the lures that are given from gambling games look profitable with only a little money. But this is of course just a ruse so that someone is interested in participating in gambling. Article 303 bis of the Criminal Code has regulated the crime of gambling as a means of livelihood. The Pasuruan City Police Resort is trying to enforce the law on gambling crimes that occurred in Pasuruan City. Along with the development of the era, there are more and more types of gambling crimes. Judging from its history, criminal acts of gambling will always exist and some of the people playing gambling is a customary habit that does not need to be eliminated or even reported to the Police. This of course makes the role of the Police indispensable in informing the public that this gambling game is a crime that needs to be enforced.]]>
<![CDATA[Pembinaan Khusus Narapidana Lanjut Usia di Lembaga Pemasyarakatan Kelas 1 Surabaya ]]>
<![CDATA[Cindhy Atika Rahmawati]]>;
<![CDATA[Eko Wahyudi]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 2 (2023): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v2i2.1633
<![CDATA[Elderly prisoners are classified as a special vulnerable group because at that age they have decreased immunity and physical weakness so special treatment is needed. Correctional Institution must be able to fulfill the rights of elderly prisoners while they are serving their sentences. The purpose of this research is to find out the implementation of guidance for elderly prisoners and the obstacles faced by the Surabaya Class 1 Correctional Institution. The type of this study is empirical legal research. The results showed that the guidance for elderly prisoners at the Surabaya Class 1 Correctional Institution has not been running optimally.. This is due to budget constraints from the government, lack of human resources, insufficient infrastructure, the covid-19 pandemic, lack of support from the families of prisoners, and the difficulties of marketing the work products of prisoners. But with these obstacles, various kinds of efforts can be made to handle the problem]]>
<![CDATA[Akibat Hukum Penyalahgunaan Pemakaian Kosmetik Perbahan Kimia yang Tidak Mencantumkan Nomor Badan Pengawas Obat dan Makanan (BPOM) Dengan Edar Palsu (Pusat Studi Di Pasar Simpur Bandar Lampung) ]]>
<![CDATA[Haqkiki Bintang Pratama]]>;
<![CDATA[Zainuddin Hasan]]>;
<![CDATA[Adelya Putri Utami]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 2 (2023): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v2i2.1641
<![CDATA[Society's need for cosmetics has led to the emergence of many cosmetic manufacturers. Distribution permits to sell freely on the market currently do not have many cosmetic products. The purpose of this research is to find out the legal consequences of the abuse of chemical-based cosmetics that do not include the number of the Food and Drug Supervisory Agency (BPOM) with counterfeit distribution (study center at Pasar Simpur, Bandar Lampung). The legal consequence of the abuse of the use of chemical-based cosmetics that are not listed as BPOM numbers with counterfeit distribution (Study Center in Bandar Lampung's Simpur Market), can be subject to various statutory provisions, namely Law Number 36 of 2009 concerning Health, Law Number 8 of 2011 concerning Protection Consumers and Decision of the Head of BPOM Republic of Indonesia Number HK 00.05.4.1745 The sanctions obtained consist of administrative sanctions and criminal sanctions.]]>
<![CDATA[Kebijakan Penerapan Tindak Pidana Penistaan Agama Di Indonesia ]]>
<![CDATA[I Gede Widhiana Suarda]]>;
<![CDATA[Ainul Azizah]]>;
<![CDATA[Ahmad Fahrudin]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 2 (2023): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v2i2.1642
<![CDATA[Ethnicity, religion, race and intergroup (SARA) are social elements that have an important role in human life, therefore, the freedom of each party must be respected and guaranteed. Religion is an important element of human existence and perhaps the most impressive element that can exert an important influence on the behavior of individuals. Indonesian positive law regulates punishment for perpetrators of religious blasphemy regulated in Article 156a of the Criminal Code. The initial purpose of enacting this article was against the backdrop of the many sects of belief and mysticism teachings that were considered heretical and not in accordance with the religious teachings of the Indonesian people. Article 156a of the Criminal Code is intended to prevent religious teachings from being distorted which are considered as the main teachings by the leaders or religious leaders concerned; and this rule protects religious peace in society and maintains the values of religious teachings that are maintained by the community from insults/humiliations and from teachings not to embrace a religion based on Belief in the One Supreme God.]]>
<![CDATA[Prinsip Keadilan Restoratif Dalam Penghentian Penuntutan Perkara Pidana Berdasarkan Peraturan Jaksa Agung Nomor 15 Tahun 2020 ]]>
<![CDATA[Ainul Azizah]]>;
<![CDATA[I Gede Widhianan Suarda]]>;
<![CDATA[Mardiyono Mardiyono]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 2 (2023): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v2i2.1643
<![CDATA[Restorative justice or better known as restorative justice in the development of schools of law and punishment in human civilization, where the state returns the ius ponale and ius poniendi mandates to the community within the framework of healing, recovery and recovery. Restorative justice is a concept of thinking that responds to the development of the criminal justice system by focusing on the need to involve actors, communities and victims as a social recovery step in social relations. The principle of restorative justice is one of the principles of law enforcement in resolving cases which can be used as an instrument of recovery and has been implemented by the supreme court in the form of policy implementation (Supreme Court Regulations and Supreme Court Circulars). Restorative justice is considered a model of modern punishment that is more humane than the retributive justice used in the current justice system. One of the applications of this is the termination of the prosecution process by the prosecutor.]]>
<![CDATA[Pelindungan Hukum Pengguna Aplikasi Jual Beli Online atas Hilangnya Barang Pesanan saat Menggunakan Jasa Ekspedisi ]]>
<![CDATA[Syefi Putri Amanda]]>;
<![CDATA[Anajeng Esri Edhi Mahanani]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 2 (2023): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v2i2.1648
<![CDATA[The Industrial Revolution 4.0 encourages everyone to do routines quickly, easily, and efficiently, activity carried out online that only uses gadgets and networks that may be done anywhere. One example of the application of the industrial revolution 4.0 is the emergence of e-commerce which is also accompanied by the emergence of a term called Marketplace. Marketplace is a market where sellers and buyers meet which there are many products and various kinds of stores, only done online and online. Only with gadgets, ordered goods have been received and delivered by shipping services (expeditions). But with this, it does not rule out the possibility that unpleasant things do not happen such as damage or even loss of ordered goods. With this, this study aims to determine the form of legal protection and legal remedies provided to overcome these problems. This research uses normative research methods through principles, legal rules, etc]]>
<![CDATA[Hakikat Kewarganegaraan dan Keimigrasian Dalam Tata Hukum Indonesia ]]>
<![CDATA[Iis Ariski]]>;
<![CDATA[Irkhamna Kamalia]]>;
<![CDATA[Fatikha Nur Nafi Ul’umam]]>;
<![CDATA[Chanun Nida’ Nabiqoh]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 2 (2023): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v2i2.1650
<![CDATA[Indonesia is a constitutional state, in which every behavior of the Indonesian people must be based on the laws set by the government. In addition, of course, as an Indonesian citizen, he must know his status in this country. Because basically every Indonesian citizen has the same right to obtain guarantees and legal certainty in every action. After knowing the importance of citizenship, of course, what is no less important is knowing immigration law. Because citizenship law and immigration law have an interrelated relationship in the legal system in Indonesia. The purpose of the research that the authors conducted was to find out the nature of citizenship and immigration in the Indonesian legal system. The research method used is the library method, in which researchers use sources from various books, journals and other sources of literature.]]>
<![CDATA[Analisis Kriminologi Perilaku Seks Menyimpang Warga Binaan Lembaga Pemasyarakatan di Provinsi Gorontalo ]]>
<![CDATA[Martvina Sapii]]>;
<![CDATA[Sumiyati Beddu]]>;
<![CDATA[Rafika Nur]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 3 (2023): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v2i3.1657
<![CDATA[This research focuses on implementation, benefits, and to find out the problems faced in the treatment of inmates with deviant sexual behavior. This study raises the issue of how legal protection is given to victims of inmates with deviant sexual behavior in Class IIA Gorontalo Correctional Institutions and what are the obstacles faced by correctional officers in providing legal protection to victims of inmates with deviant sexual behavior. This study used interview and observation research methods, which described the treatment of inmates with deviant sexual behavior, then analyzed and concluded using a qualitative approach. Based on the analysis, it was found that the treatment of inmates with deviant sexual behavior was considered very necessary. Inmates with deviant sexual behavior have characteristics that are unique and different from other inmates in general. In general, inmates with deviant sexual behavior scattered in prisons throughout Indonesia are men who look like women or who like the same sex. Inmates with deviant sexual behavior are very vulnerable to bad treatment by other inmates, and can also have a negative influence on other inmates. Special treatment for inmates with deviant sexual behavior is deemed necessary, starting from placement in individual blocks to special coaching. There are obstacles encountered in its implementation, including the procurement of individual blocks of inmates with deviant sexual behavior and the understanding of Correctional Officers about the problems and deviations that will be caused by the presence of inmates with deviant sexual behavior in correctional institutions.]]>
<![CDATA[Analisis Hukum Pemenuhan Hak Anak Untuk Memperoleh Diversi Terhadap Problematika Anak Residivis ]]>
<![CDATA[Jayantri Ribunu]]>;
<![CDATA[Rafika Nur]]>;
<![CDATA[Nur Insani]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 3 (2023): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v2i3.1659
<![CDATA[The purpose of this writing is to identify, study and analyze procedural diversion for children in conflict with the law in the Juvenile Criminal Justice System. In this paper the author uses the normative juridical method. In the conclusion of the discussion, children who are in conflict with the law are considered as legal subjects who are not competent and do not understand what they are doing. Investigation of child cases is carried out by investigators appointed by Decree of the Head of the Indonesian National Police or other officials appointed by the Head of the Indonesian National Police. If the Diversion succeeds in reaching an agreement, the Investigator will submit the Minutes of Diversion along with the Diversion Agreement to the head of the district court for stipulation. Meanwhile, if the Diversion process fails, the Investigator must continue the investigation and transfer the case to the Public Prosecutor by attaching the Minutes of Diversion and minutes of community research. Arrested children must be entrusted to the LPKS. The cost for each child placed in the LPKS is borne by the budget of the ministry that administers government affairs in the social sector. The role of diversion as an effort to protect the rights of children's rights is expected to solve the problems of children who are in conflict with the law. When a child is faced with a formal criminal justice process, it is certain that the child will lose his freedom. By diverting, the freedom of children is still guaranteed, and the deprivation of independence for them can be avoided. Diversion is a very meaningful effort to provide protection for children who are in conflict with the law so that they can fulfill the basic rights of children.]]>
<![CDATA[Pertanggungjawaban Pidana Pelaku Penyertaan Tindak Pidana Pemalsuan ]]>
<![CDATA[Novita Anggriani Lahabu]]>;
<![CDATA[Rafika Nur]]>;
<![CDATA[Darmawati Darmawati]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 3 (2023): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v2i3.1660
<![CDATA[There are so many cases where the perpetrators are more than one person, which occur in our society. Often there is debate in imposing punishment on the direct makers and the indirect makers of criminal acts. To impose a sentence on a case, the judge must know which maker is directly or indirectly and bases his decision apart from the law and also considers the demands of the public prosecutor. Sometimes the perpetrators of the crime of participation are not touched at all by the law so that what they should be prosecuted by law is not even processed. The purpose of this study is to examine the criminal responsibility of the perpetrators of the crime of counterfeiting. The research conducted is normative legal research. Based on the results of the research the defendant was proven guilty of committing the crime of "making and using fake documents" as stipulated and subject to criminal penalties in Article 264 paragraph (1) of the 1st Criminal Code and second article 264 paragraph (2) of the Criminal Code. The crime of inclusion is regulated in Article 55 and Article 64 of the Criminal Code]]>
