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INDONESIA
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 137 Documents
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Problematika Konsep Diskresi dalam Penyelenggaraan Administrasi Pemerintahan pasca Undang-Undang Cipta Kerja Nurmayani; Mery Farida
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 1 No 1 (2021): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v1i1.412

Abstract

Purpose: The enactment of Law No. 11 of 2020 on Job Creation has modified several provisions governing government administration, one of which concerns discretion. Discretion, defined as the freedom of action of government officials when acting or making decisions, is redefined in the Job Creation Law, as the previous definition was deemed to obstruct investment by defining discretion as limited discretion. The community criticizes discretion, but the Job Creation Law's discretion is due to the numerous problems associated with this concept. Research Methodology: The study's problem formulation is as follows: How is the concept of discretion applied to government administration following the Job Creation Act? What issues arise as a result of the Job Creation Act's change in the concept of discretion? This legal research employs a normative juridical research methodology that combines a statutory and conceptual approach to map the concept of discretion in the Law on Job Creation and the resulting problems. Results: The Employment Creation Act expanded the concept of discretion by eliminating discretionary requirements that are inconsistent with applicable laws and regulations, resulting in several issues, including the possibility of issuing unconstitutional discretion, discretion that is inconsistent with the AUPB, and a concept of discretion that is too broad, disproportionate to the supervision of discretionary officials.
The Role of Lampung Provincial Government in Controlling Plastic Waste Disposal Land Widya Krulinasari; Tia Mayang Tika
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 1 No 1 (2021): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v1i1.413

Abstract

Purpose: Plastic waste is a major threat to the environment, and the growing amount of plastic waste, particularly during the Covid-19 pandemic that has been ravaging Indonesia since the beginning of 2020, has compelled the government to implement a variety of measures to rein in the surge in plastic waste, including paying close attention to land designated for plastic waste disposal. Since 2019, residents of Lampung Province have generated more than 7,000 tons of waste per day. To ascertain the Lampung Provincial government's role in controlling land for plastic waste disposal, it is necessary to conduct this study. Research Methodology: The research method used in this study is qualitative, and the data collection method is secondary. Results: It can be concluded that the Lampung Provincial government is continuing to work on developing a system for the management of plastic waste.
Pengendalian Kerusakan Lingkungan Akibat Aktivitas Pertambangan di Kecamatan Pasir Sakti Feri Andriawan; Muhammad Akib; Agus Triono
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 1 No 1 (2021): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v1i1.414

Abstract

Purpose: This study aims to determine whether sand mining activities in Pasir Sakti District cause environmental damage and directly impact the community's life sector. There are over 1000 hectares of abandoned mining areas. The researcher is interested in examining problems, in this case, how efforts to control environmental damage caused by sand mining activities are progressing and what factors are impeding the implementation of environmental damage control. Research Methodology: This research takes an empirical normative approach to the problem. This is accomplished by describing and analyzing the results obtained from library data and field observations. Results: The findings indicated that a variety made efforts to implement control of parties, including the Environmental Service, the Police, and the community. Socialization of the community is needed in order to deter illegal mining and the resulting environmental damage. As a countermeasure, the imposition of administrative sanctions in government coercion through the control of illegal mining activities. Additionally, community involvement in rehabilitating and reforesting former mining areas contributes to recovery should be imposed. These parties' environmental damage control efforts have been less than optimal due to impeding factors such as a lack of institutional coordination or cooperation among the parties responsible for implementing the control and the absence of strict sanctions against illegal sand miners Contribution: The author proposes a review of existing control programs and increased enforcement efforts against illegal sand miners.
The Implementation of Polluter Pays Principle in Indonesian Land Policy Regulation Melly Aida; Ikhsan Setiawan
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 1 No 1 (2021): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v1i1.415

Abstract

Many lands are degraded; they are no longer productive, vital, damaged, or utilized and are instead overgrown with shrubs. The majority of the causes of this land degradation are irresponsible and arbitrary human actions. What is more perplexing is that these actors are not immediately punished for their actions but are instead allowed to roam freely outside. As a result, this research will discuss the accountability of land destroyers, which is based on one of the principles of international law, namely the “Polluter Pays Principle,” which requires an actor who is a land destroyer to be held accountable for all of his actions in an amount equal to the impact on the land itself. The application of the Polluter Pays Principle is hoped to improve the control and maintenance of land policy in Indonesia.
Hak-hak Konstitusional Anak terkait Penelantaran Akibat Perceraian Yusnani Hasyimzum
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 1 No 1 (2021): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v1i1.416

Abstract

Children, both boys and girls, are considered state assets because they represent the nation's future generation. Children's development and growth require special consideration and protection on the part of parents, family, society, nation, and state. Children's constitutional rights are regulated in the 1945 Constitution, which guarantees the welfare of every citizen, including protection against violations of children's rights, which are considered human rights. Every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination, as mandated by the 1945 Constitution of the Republic of Indonesia; additionally, every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination; The issue is why the constitutional rights of children who have been neglected as a result of divorce have not been fully complied with and what legal safeguards have the government implemented to reduce the number of child neglect victims.
Urgensi Rekonstruksi Strafsoort dalam Hukum Pidana Indonesia Ali Dahwir
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 1 No 2 (2022): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v1i2.864

Abstract

Purpose: This study aims to identify and analyze problems regarding strafsort in Indonesian criminal law. Method: The research method used is normative legal research with descriptive analysis with a statutory approach and a philosophical approach. The data used in this study is secondary data in the form of legal materials. Legal materials consist of primary legal materials such as legislation and secondary legal materials such as reference books, research results and scientific journals. Result: The results of the study indicate that the strafsoort in Indonesian criminal law as stated in Article 10 of the Criminal Code when viewed in the development of the times is no longer appropriate. Such as imprisonment, criminal closure and fines. Therefore, the strafsoort in Indonesian criminal law is urgently reconstructed. Limitations: This research is limited to discussing strafsoort, therefore it is necessary to continue with a discussion of strafmaat and strafmodus in Indonesian criminal law. Contribution: This research is expected to be a recommendation in the formation of a new strafsoort by eliminating light prisons and adding social work penalties, as well as making peace as one of the reasons for eliminating punishments in particular.
Urgensi Pemenuhan Hak-Hak Konstitusional Warga Negara Era Pandemi Covid-19 di Indonesia Supriyono Supriyono; Vavirotus Sholichah; Anang Dony Irawan
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 1 No 2 (2022): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v1i2.909

Abstract

Purpose: This study aims to determine the constitutional rights of citizens that need to be protected and fulfilled by the state. And to know the rules related to the protection and fulfillment of the constitutional rights of citizens during the Covid-19 pandemic. Method: The research methodology used in this research is normative juridical by statute approach and conceptual approach. Results: This research resulted in an explanation of the fulfillment of the constitutional rights of citizens during the Covid-19 pandemic. The most crucial constitutional rights of citizens to be fulfilled are health rights, economic rights, and education rights. The non-fulfillment of the safety and constitutional rights of citizens is a form of denial of the mandate of the 1945 Constitution of the Republic of Indonesia. Limitation: The scope of the research is limited to fulfilling the constitutional rights of citizens during the Covid-19 pandemic. Contribution: The authors hope in the future, it is hoped that a more in-depth study can be carried out on research on the constitutional rights of citizens, especially in emergency conditions such as the Covid-19 pandemic.
Urgensi Amandemen Kelima Undang-Undang Dasar 1945 di Masa Pandemi Galuh Candra Purnamasari
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 2 No 2 (2023): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v2i2.941

Abstract

Purpose: The issue of the limited amendment to the 1945 Constitution (UUD 1945) was rolling again during the unfinished pandemic in Indonesia. The idea to carry out the limited amendment to the 1945 Constitution on a limited basis was in line with the issue of extending the Presidential term to three terms and the issue of adding the authority of the MPR to form the Basic Principles of State Policy (PPHN). Conceptually, it is possible to amend the 1945 Constitution as the constitution of the State of Indonesia. However, the problem that arises is whether the amendment to the 1945 Constitution is something that is very important and urgent to be carried out at this time, especially when Indonesia is still in a pandemic condition? To answer these problems, this study intends to explain the concept of amendments to the 1945 Constitution and analyze the urgency of implementing the amendments to the 1945 Constitution during this pandemic. Method: This paper uses library method with secondary data in the form of library materials as the main data. Result: The results of the study, there is no important and urgent matters for the implementation of the fifth amendment to the 1945 Constitution during a pandemic, so that the fifth amendment to the 1945 Constitution, especially during the pandemic, is not appropriate to be implemented. Limitations: The limitation of this paper is that it only focuses on the urgency of limited amendments during the pandemic with two main issues. Contribution: The expected contribution of this paper is to provide a legal review of the issue of the limited amendment of the 1945 Constitution during the pandemic.
Implementasi Prinsip “Kepentingan Terbaik bagi Anak” dalam proses persidangan Anak secara elektronik pada masa pandemi di Kota Jakarta Barat Yudha Pradana
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 1 No 2 (2022): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v1i2.1022

Abstract

Purpose: This study aims to analyze the implementation of one of the principles of child protection namely "Best interests of the child" in the virtual trial process. Research Methodology: The research method used in this research is the juridical-empirical method. The data used in this study include primary data and secondary data which are studied and analyzed systematically. The primary data in this study are observations and interviews with children in conflict with the law and other related parties, such as Judges and Probation Officers, while secondary data included laws and regulations and related literature. Result: The results shows that the implementation of the principle of the “best interests of the child: in the virtual trial process for children during the pandemic is yet not optimal due to insufficient fulfillment of children's rights during the virtual trial process. Limitation: The limitation of this research is that it only takes place in West Jakarta Jurisdiction. Contribution: This research is expected to provide benefits for law enforcement agencies to help them reach the best decision for children in conflict with the law and contributes to the development of legal studies, specifically in the criminal justice process of children.
Community Participation in Handling Waste in Bandar Lampung City Towards Smart City Faradiba Putri Rahmadani; Agus Triono
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 1 No 2 (2022): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v1i2.1121

Abstract

Purpose: The purpose of writing this article is to find out how government policies in Bandar Lampung City are in handling waste and also community participation in waste handling to realize Smart Environment through Smart City. Research methodology: This article is a normative legal research with a statutory approach that explores relevant national legal instruments which are analyzed using descriptive methods. Results: The results showed that the Bandar Lampung City government's policy was carried out by making Bandar Lampung City Regional Regulation No. 5 of 2015 concerning Waste Management in Bandar Lampung City. The handling of waste is carried out through the relevant agencies, namely the Bandar Lampung City Environmental Service. To be able to implement the policies made by the government, community participation is needed, especially in handling waste. Community participation is considered as a real  and effective effort in implementing the policy. Limitations: This study examines how the waste handling policy in the city of Bandar Lampung and how the participation of the people of the city of Bandar Lampung in the process of handling waste towards a smart city. Contribution: With this research, it is hoped that it can provide benefits as input and improvement for the relevant government in terms of handling waste and community participation in the city of Bandar Lampung, and can be a reference for other writers who want to raise similar issues.

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