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Jurnal Ilmiah Hukum dan Hak Asasi Manusia
Published by Goodwood Publishing
ISSN : -     EISSN : 27983498     DOI : https://doi.org/10.35912/jihham
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Ilmiah Hukum dan Hak Asasi Manusia (JIHHAM) adalah jurnal yang menerbitkan artikel dengan topik bahasan seputar dunia hukum serta masalah-masalah kemanusiaan. JIHHAM menyambut baik pengiriman artikel ilmiah berbentuk studi hukum empiris maupun studi hukum normatif. JIHHAM diharapkan dapat menjadi mediator bagi para dosen, mahasiswa, peneliti, serta praktisi untuk menyebarluaskan temuan, ide dan gagasannya dalam menyelesaikan berbagai permasalahan hukum yang terjadi serta untuk memajukan ilmu hukum di Indonesia. Scope Jurnal Ilmiah Hukum dan Hak Asasi Manusia (JIHHAM) adalah sebagai berikut (Namun tidak terbatas asalkan masih dalam ruang lingkup ilmu hukum dan hak asasi manusia): - Hukum Tata Negara - Hukum Pidana - Hukum Perdata - Hukum Internasional - Hukum Islam - Sengketa Hukum - Masalah Hukum yang berkaitan dengan Hak Asasi Manusia
Arjuna Subject : Ilmu Sosial - Hukum
Articles 56 Documents
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Analisis Teori Hukum terhadap Penegakan Tindak Pidana Pemalsuan Uang: Analisis Teori Hukum Positif dan Teori Hukum Responsif Panca Gunawan Harefa; Idham Idham; Erniyanti Erniyanti
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 2 (2023): Januari
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v2i2.1923

Abstract

Purpose: The purpose of writing this journal is to find out the legal arrangements for the crime of counterfeiting money, and to know the analysis of the implementation of law enforcement against the crime of counterfeiting money. Method: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that legal arrangements for the crime of counterfeiting money are regulated in the Currency Act and in the Criminal Code which explains that everyone, both individually and as a group, who counterfeits rupiah currency will be punished with imprisonment for a maximum of 10 (ten) years and a maximum fine of Rp. 10,000,000,000.00 (ten billion rupiah). In addition, based on the provisions of Article 244 of the Criminal Code, it is explained that anyone, either individually or as a group, who makes counterfeit money with the intention of circulating it will be subject to imprisonment for a maximum of fifteen years. Analysis of the implementation of law enforcement against the crime of counterfeiting money is still not optimal, especially with regard to the imposition of criminal sanctions which are still very low, so that the crime of counterfeiting currency is considered not a serious crime. This is possible because the proof is relatively easy. There has been a paradigm shift regarding currency, not just a means of payment, but money can be used as a tool for politics, economic colonization and so on.
Implikasi Dana Desa terhadap Peningkatan Pembangunan dan Pemberdayaan Masyarakat di Desa Pejeng Kelod Kecamatan Tampaksiring Kabupaten Gianyar Sukabawa, Dewa Putu; Karyoto, Karyoto
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 1 No. 2 (2022): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v1i2.1950

Abstract

Purpose: the purpose of this research is to know investigate and to analyze implication fund a village to improve development and fower society and to analyze the problems in the implementation found village and to investigate toward reports have been done by goverment to improve prosperity of pejeng kelod village Tampaksiring Subdistrict Gianyar Rigency. Method: This research is use yuridical empirical method that is method is to investigate to the aplicable legal provisions and what happened in the village with data collection technique in the comonity with interview, observation, documentation or references study and research online data with the airo of obtain accurate data. Result: This research to shows that implication fund village to the improvement of development and power society at Pejeng Kelod village Tampaksiring subdistrict and Gianyar regency very helpful to improve all the development and power society at pejeng kelod to improve the economic matters tucanbe make charge to their life to be a better life.
Politik Hukum Putusan MK No. 46/PUU-VIII/2010 sebagai Upaya Pembangunan Hukum Nasional Yazid Bustomi
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 1 (2023): Juli
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i1.1795

Abstract

Purpose: To identify the Constitutional Court's decision No. 46/PUU-VIII/2010 regarding the recognition of the status of children out of wedlock, has reflected the form of development of national law or not. Methodology: This legal research is a normative research with statutory, conceptual and case approaches conducted by examining primary and secondary legal materials. Results: Constitutional Court's decision No. 46/PUU-VIII/2010 has fulfilled the rules of good legal politics because this decision can maintain complete unity, both territory and ideology that is built democratically so that it is able to create social justice and there is no exclusivity in the decision against one of the religions in Indonesia. This decision is a manifestation of the development of Indonesian law which is capable of dealing with the phenomenon of children born out of wedlock in terms of providing protection and legal certainty for children born outside of wedlock status, by combining Islamic law and national law (so that the formation of this decision is not based on one religion only), then from the combination of the two laws can form a new law that can meet the needs of society as a means of development that is certain and justice. Limitations: This research is limited to reviewing the decisions of the constitutional court regarding the recognition of the status of children out of wedlock which are analyzed by development law theory.
Kajian Perlindungan Hukum terhadap Anak yang Berkonflik dengan Hukum dalam Sistem Peradilan Pidana Anak Leni Dwi Nurmala; Yayan Hanapi
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 1 (2023): Juli
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i1.1801

Abstract

Purpose: The purpose of this research is to find out about the forms of legal protection given to children who are in conflict with the law, especially in the juvenile justice system based on Law No. 35 of 2014 and Law No. 11 of 2012 Juvenile Criminal Justice System. Research methodology: The method used in this writing is a normative juridical approach, namely a normative juridical approach, namely legal research conducted by examining library materials or secondary data as the basic material for research by conducting a search of regulations and literature literature related to the problem under study. Results: The results of this study indicate that legal protection for children in conflict with the law in the juvenile justice system must be fully implemented by law enforcement officials at each stage of the examination, namely in the form of fulfilling and guaranteeing children's rights and prioritizing the best interests of children.
Konsep Keadilan Voting dalam Rapat Penundaan Kewajiban Pembayaran Utang yalid yalid; Irawan Harahap; Riantika Pratiwi
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 1 (2023): Juli
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i1.1997

Abstract

Purpose: To explain the contradictions of the reconciliation arrangement in the meeting voting on the Debt Payment Obligation Deferral and to formulate the concept of ideal justice voting in the Debt Payment Obligation Deferral meeting. Research methodology: This type of research is normative legal research. Results: The principle of justice in the Bankruptcy and PKPU Laws contains that provisions regarding bankruptcy can fulfill a sense of justice for interested parties. The entire analysis of the concept of justice is related to legal facts in the Bankruptcy Law and PKPU which adopt the principle of balance by stating that the principle of "fairness" is not ideal. Therefore, it is necessary to reform the principles of justice in bankruptcy law and PKPU in order to fulfill the legal ideals of bankruptcy law. The legal ideals that have been fulfilled are elements of commutative justice, but considering the differences in the criteria or portions of each, according to the author, it is necessary to renew these legal principles based on the concept of distributive justice. Then ideally the voting results should ideally be binding on all parties. Limitations: This study is only related to voting norms in the bankruptcy law and PKPU. Contribution: This research is expected to be a reference and contribution to the Government in reforming bankruptcy law and PKPU.
Membangun Tradisi Literasi Anti Korupsi di Kalangan Elite Daerah dalam Perspektif Hukum Tata Negara Darmadi Djufri
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 1 (2023): Juli
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i1.2307

Abstract

Purpose: Corruption has a very negative impact. As a crime, corruption not only harms the country's finances and economy, but also hampers the growth and continuity of national development which demands high effectiveness. Methodology: Corruption has eroded democratic values, violated the principles of good governance, and caused discrimination against public services. Corruption has also led to low openness and representativeness in the formulation of policies in the legislature, and even corruption has hampered legal certainty in the judiciary. Results: Corrupt behavior among regional elites still occurs because: 1. System factors, especially regulations related to political recruitment through regional elections, where the weaknesses include our laws that still allow candidates who are suspects in legal cases to run for regional heads, which are further strengthened by the dominance of the ideology of materialism and capitalism that supports these elections, so that the elections still have the opportunity to give birth to corrupt officials, 2. Political actor factors, the low integrity, credibility, and capacity of candidates for regional heads are the biggest contributors to the emergence of corrupt governments, the morality of the candidates is only hunting for the results, namely the seat of power, even though by using all means. The ruling is not to serve the people but to seek material gain.
Penguatan Gugatan Citizen Lawsuit/Action Popularis sebagai Upaya Perlindungan Hak Konstitusional atas Jaminan Penegakan Hak-Hak Konstitusional Warga Negara terhadap Perbuatan Melawan Hukum oleh Negara Derry Angling Kesuma
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 1 (2023): Juli
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i1.2312

Abstract

Purpose: Citizen Lawsuit or Citizen Lawsuit against State officials is actually not known in the Civil Law legal system as applied in Indonesia. Citizen Lawsuit itself was born in countries that adhere to the Common Law legal system. Methodology: Citizen Lawsuit can be applied as the basis for filing a lawsuit against the law contained in the preamble of the constitution or the 1945 Constitution as a guaranteed basic right, from a number of arrangements regarding human rights (HAM), through the Law of the Republic of Indonesia No. 39 of 1999 concerning Human Rights, and in the realm of administrative law, namely the Law of the Republic of Indonesia concerning Consumer Protection No. 8 of 1999. However, these arrangements are not explicitly regulated. For its application in the judiciary, Law No. 48 of 2009, on Judicial Power, states that judges may not refuse to handle cases. The laws and regulations previously described have been widely used by citizens in filing Citizen Lawsuits in Indonesia so far.. Results: The concept of a Democratic state adopted by Indonesia, regarding sovereignty in the hands of the people, according to the author can be implemented properly by streamlining so that the concept of Citizen Lawsuit, because it is in accordance with the objectives of law in Indonesia, especially equal rights before the law between the State and Citizens.
Pengaruh kepemimpinan demokratis, lingkungan, dan disiplin terhadap kinerja pegawai non ASN di sekretariat DPRD Kabupaten Badung tahun 2023 Dewa Ayu Ratih Adhi Pratiwi; Nyoman Diah Utari Dewi; Ida Ayu Putu Sri Widnyani; Luh Riniti Rahayu
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 1 (2023): Juli
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i1.2436

Abstract

Purpose: This study aims to determine and analyze the influence of democratic leadership, the work environment, and discipline on the performance of non-ASN employees at the Badung Regency DPRD Secretariat. Research methodology: This research methodology is quantitative research. The data collection technique involved a survey using a questionnaire with a total sample of 73 non-ASN employees. Data analysis was performed using the SmartPLS software. Results: The findings showed that the t-count value determined for the variable “Democratic Leadership” was greater than the t-table value (12.292 > 1.6). The t-count value of the working environment variable is greater than the t-table value (7.084 > 1.6). The t-count value of the identified work discipline variable is greater than the t-table value (12.218 > 1.6). Therefore, democratic leadership has a positive impact on employee performance, the work environment has a real positive impact on employee performance, work discipline has a real positive impact on employee performance, and at the same time democratic leadership (X1), work environment (X2), and work discipline (X3) have a significant (real) impact on employee performance (Y). If these three variables increase together, the performance of non-ASN employees in the Badong County Regional Representative Committee Secretariat will also increase. Limitations: The sample used in this research was a saturated sample of 73 non-ASN employees at the Badung Regency DPRD Secretariat, so the possibility of obtaining different results cannot be ruled out if a research model and a larger number of samples were used. Contribution: This research is expected to provide additional information or input in an effort to improve the performance of non-ASN employees at the Badung Regency DPRD Secretariat.
Implementasi Perluasan Makna Asas Legalitas Berdasarkan Kitab Undang-Undang Hukum Pidana (KUHP) Nasional Ramadhani. D, Anggia Nur; Shafira, Maya; Dewi, Erna; Jatmiko, Gunawan; Warganegara, Damanhuri
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 2 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i2.2529

Abstract

Purpose: The purpose of this study is to determine how to expand the meaning of the principle based on the National Criminal Code. Methodology: The method used was a normative juridical approach and an empirical juridical approach with a qualitative research type. Primary and secondary data sources were used. Results: The results of the research show that the laws that exist in society to obtain a form of legal certainty based on the provisions of Pasal 2 Ayat (3) of the National Criminal Code are required to compile the customary laws that exist in each region concerned to be selected and then included in the regulations. Area. This is a form of implementing the expansion of the meaning of the principle of legality into Regional Regulations. Limitations: This study is only related to expanding the meaning of the principle of legality in the National Criminal Code. Contribution: This research is expected to be a reference and contribute to the application of expanding the meaning of the principle of legality in reality.
Kewenangan Otonomi Khusus Pemerintah Aceh dalam Pembangunan dan Peningkatan Kesejahteraan Rakyat ardiyansyah, Amzar; Nazaruddin, Nazaruddin
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 2 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i2.2678

Abstract

Purpose: This study aims to see the authority of the Government of Aceh towards the development and welfare of the people in Aceh Province through a special autonomy system, special authority as stipulated in Law Number 11 of 2006 concerning the Government of Aceh, because the authority to manage and administer government is an executive institution. Methodology/approach: The research method is juridical normative using secondary data collecting secondary, primary and tertiary materials, the data obtained is carried out qualitative analysis that emphasizes deductive and inductive. Results/findings: The results of the study show that the Government of Aceh has not maximized its authority in implementing the government and using the Special Autonomy Fund for development and community welfare, most of the Special Autonomy Fund is not right on target for the public interest, efforts made by the Government of Aceh and the Aceh People's Representative Council in the future formulate and compile the Aceh Revenue and Expenditure Budget according to needs and interests community. Limitations: This study does not include a table of programs and financial conditions of special autonomy because this research is normative so it does not conduct field research to obtain research data. Contribution: The Government of Aceh to focus on carrying out development not only on physical but non-physical as well, is needed to bring investors from within and outside the country, and place competent people in their fields in the Aceh Government Work Unit, as well as the role of the Aceh People's Representative Council to conduct extra supervision to the Government of Aceh as a user of the budget and organizer of laws and regulations in the Province Aceh.

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