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INDONESIA
Jurnal Penelitian Serambi Hukum
Published by Universitas Islam Batik Surakarta
ISSN : 16930819     EISSN : 25495275     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Serambi Hukum was open for researchers, lecturers, students, and practitioners who have interest to publishing the original research articles especially in legal field. The focus and scope of articles that published in Jurnal Serambi Hukum are : 1.Criminal Law (Hukum Pidana) 2.Civil Law (Hukum Perdata) 3.Constitutional Law (Hukum Tata Negara) 4.State Administrative Law (Hukum Administrasi Negara) 5.Procedural Law (Hukum Acara) 6.International Law (Hukum Internasional) 7.Enviromental Law (Hukum Lingkungan) 8.Tax Law (Hukum Pajak) 9.Islamic Law (Hukum Islam) 10.Law and Human Right (Hukum dan HAM) 11.IPR Law (Hukum dan HAKI)
Arjuna Subject : Ilmu Sosial - Hukum
Articles 138 Documents
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Analisis Hukum Penggunaan Kendaraan Pribadi Yang Digunakan Sebagai Angkutan Barang Dede Amirudin; Ika Dewi Sartika Saimima
JURNAL PENELITIAN SERAMBI HUKUM Vol 16 No 02 (2023): Jurnal Penelitian Serambi Hukum Vol 16 No 02 Tahun 2023
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v16i02.737

Abstract

Abstract Since the dawn of civilization, people have relied on transportation as a means of moving from one place to another. When used in this way, shippers provide services to those in need and are helpful for the delivery of commodities as well as the movement of people. The problem under study concerns private vehicles and the limitations imposed on efforts to control and utilize private vehicles that do not have permission to operate as freight transport as they should be controlled according to Law Number 22 of 2009 concerning Road Traffic and Transportation. This research method is written using normative legal research methodology. To obtain data, conducted interviews and literature studies. Data collection will later be examined using logical, orderly, and systematic language descriptions. According to research findings, using private transportation as a means of transporting goods is a violation of law and a violationn of Law no. 22 of 22009, which is subject to both administrative and criminal sanctions. Keywords: private vehicle, law, freight transport
Kebijakan Pencatatan Perkawinan Beda Agama Itok Dwi Kurniawan; Suyatno Suyatno; Hanuring Ayu
JURNAL PENELITIAN SERAMBI HUKUM Vol 16 No 02 (2023): Jurnal Penelitian Serambi Hukum Vol 16 No 02 Tahun 2023
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v16i02.748

Abstract

Marriage is the most awaited thing, especially for couples who will continue their relationship to a more serious level. However, interfaith marriage in Indonesia is something that is difficult to do, there are even some groups who disagree on the issue of interfaith marriage. This is not in accordance with the values of Human Rights, especially regarding the values of family and religious freedom. Of course this is not in accordance with the values contained in the constitution, as we know that Indonesia is a country that upholds the value of human rights. This type of research is library research, that is by browsing books or sources related to the chosen topic.
Revitalisasi Kewenangan Pengelolaan Pertambangan Oleh Pemerintah Daerah Dalam Mengoptimalisasi Pelaksanaan Otonomi Daerah di Bangka Belitung Yolanda Oktavia; Nandini Putri; Ranita Ranita; Ana Apriliana
JURNAL PENELITIAN SERAMBI HUKUM Vol 16 No 02 (2023): Jurnal Penelitian Serambi Hukum Vol 16 No 02 Tahun 2023
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v16i02.789

Abstract

This research uses normative, or in other terminology, juridical-normative methods. It is a method with a statutory approach to find out the norms of das sollen, and its implementation in das sein in the community. The main objective of the research is to determine the effectiveness of norm enforcement, as well as find solutions to support the reformulation of rules to be more prospective in the future. The analysis was conducted by finding the relevance of supporting data during the era of the implementation of regional autonomy in the mining sector in Bangka Belitung, identifying policy weaknesses that caused various problems, and solutive efforts made by both the central and regional governments. From this research, it is known that after the implementation of regional autonomy, the Bangka Belitung government has established a number of regulations that support the freedom of the community to mine. Although able to provide economic benefits, this has resulted in the mushrooming of illegal miners and massive natural damage. After the stipulation of Law No. 3 of 2020 concerning Mineral and Coal and Presidential Regulation No. 55 of 2022, a number of authorities were divided between the central and regional governments. By optimizing its authority, local governments can produce a good tin mining ecosystem and be oriented towards the implementation of good regional autonomy. Keywords: : authority, mining management, regional autonomy, decentralization
Peran Pemerintah Daerah dalam Implementasi Undang-Undang Desa Julian Fahira; Ridho Agustinus Harianja; Fitri Akbar
JURNAL PENELITIAN SERAMBI HUKUM Vol 16 No 02 (2023): Jurnal Penelitian Serambi Hukum Vol 16 No 02 Tahun 2023
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v16i02.760

Abstract

This research examines the role of local government in implementing the Village Law. In the context of village government, the role of local government is important to facilitate and support the implementation of village policies regulated by the Village Law. This paper aims to analyze the legal framework governing the role of local governments, identify the factors that influence their role, and describe the challenges and constraints faced by local governments in carrying out their roles. In addition, this article also provides strategies and solutions that can be implemented by local governments in overcoming these challenges. Through this research, we use a descriptive-analytical method to analyze relevant laws and regulations, and conduct a literature review regarding relevant case studies and empirical research. We found that the role of local government is very important in facilitating and supporting village governance. However, there are several challenges faced, including institutional, financial, HR, and infrastructure constraints. To address this challenge, close collaboration between local government, village government and other stakeholders is essential. Keywords: Local government, Village Law, village government, legal framework.
Analisis Kebijakan Pemerintah Daerah dalam Pengelolaan Keuangan dan Alokasi Dana Desa Marcelleno Marcelleno; Safira Mukaromah; Nashva Azzahra Maharani Safitri; Lukas Imanuel
JURNAL PENELITIAN SERAMBI HUKUM Vol 16 No 02 (2023): Jurnal Penelitian Serambi Hukum Vol 16 No 02 Tahun 2023
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v16i02.764

Abstract

This study aims to explore the local government's policies on financial management and the allocation of village funds. These policies are designed to expedite and enhance the effectiveness of development programs as well as promote equitable development throughout Indonesia, which was previously primarily regulated by the central government. By granting greater authority to local governments, it is expected that development policies can be more adaptive and responsive to the needs of rural communities in their respective regions. The concept of local government financial management encompasses fundamental principles that should be followed, including transparency, accountability, effectiveness, and efficiency. Transparency refers to the acquisition of information during budget preparation and implementation, as well as the publication of relevant financial information. Effectiveness and efficiency are related to the local government's ability to manage public finances while considering objectives and available resources. The effectiveness of local government's financial management in handling village funds is the result of various interconnected factors, such as the presence of good policies and governance in fund management. The role of communities in supervising the utilization of village funds should not be disregarded. Through mechanisms such as village deliberations, information technology utilization, and the establishment of village oversight institutions, communities can monitor and supervise the use of village funds more effectively. The local government's policies on financial management and the allocation of village funds play a crucial role in accelerating rural development. Targeted allocation of village funds, along with effective and efficient financial management, can enhance the well-being of rural communities and help reduce social tensions between urban and rural areas.
Pengaruh Kebijakan Desentralisasi Terhadap Peningkatan Kesejahteraan Masyarakat Daerah Alfarid Fadhil Rachmad; Ezra Azaria; Qika Nur Xusan; Nabillah Azzahra
JURNAL PENELITIAN SERAMBI HUKUM Vol 16 No 02 (2023): Jurnal Penelitian Serambi Hukum Vol 16 No 02 Tahun 2023
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v16i02.773

Abstract

The study discussed the impact of decentralized policies on the increasing public welfare in the region. The main focus of the article is the decentralized policies adopted and their impact on public welfare. Policy changes, power transfers, and resource allocation asa result of decentralized policies are also described. Research shows the correlation between decentralized policies and community welfare indicators, such as income, access to public services, and poverty index. The policy implications of research findings are interpreted and recommended policy actions to strengthen positive relations between decentralized policies and public welfare. In conclusion, it is concluded that decentralized policies potentially promote community welfare in the region. This article also highlights the limits of research and provides direction for future research in this field. Thus, the article provides insight into the impact of decentralized policies on the increasing of community welfare and also to an understanding of the importance of decentralized policies in boosting community welfare. Keywords: decentralized policies, community welfare, regional improvements.
Implementasi Peraturan Pemerintah Nomor 94 Tahun 2021 tentang Disiplin Pegawai Negeri Sipil (Studi di Mahkamah Syariah Meulaboh) Andre Ramadhan; Rachmatika Lestari
JURNAL PENELITIAN SERAMBI HUKUM Vol 16 No 02 (2023): Jurnal Penelitian Serambi Hukum Vol 16 No 02 Tahun 2023
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v16i02.807

Abstract

Civil Servants as employees of the State Civil Apparatus are obliged to maintain the unity and integrity of the nation, to be loyal and obedient to Pancasila and the 1945 Constitution of the Republic of Indonesia. With regard to discipline, Government Employees have issued Regulations governing discipline for Civil Servants, namely Government Regulations Number 94 of 2021 states that every Civil Servant is required to come to work and comply with the provisions on working hours, but in reality there are still violations committed by Civil Servants against the provisions for entering work. The method used in this study is Juridical Empirical with a Case Study approach, namely investigating and understanding an event. This research was conducted at the Meulaboh Sharia Court Office and the selection of informants was carried out by purposive sampling with a total of 2 informants consisting of the Chief Justice of the Meulaboh Sharia Court and 1 Head of Personnel Subdivision who would be asked for information. Data collection techniques in this study are observation, interviews and documentation. The results of the study found that there were still employees who were late for work and efforts to impose sanctions had been carried out by the Head and Head of Personnel Subdivision, including giving verbal warnings and written warnings and reducing work performance for promotion to rank. whereas light disciplinary punishment is like a violation of the obligations regulated in Article 8 number 9 which states that a violation of the obligation to come to work and comply with the provisions of working hours. Suggestions to Meulaboh Sharia Court employees to be able to carry out their duties and responsibilities and to the leaders or superiors of the Meulaboh Sharia Court to pay more attention to the performance of their employees.
Analisis Yuridis Penetapan Nomor 916/Pdt.P/2022/PN.Sby Terkait Kasus Pernikahan Beda Agama Ditinjau Berdasarkan Hukum Islam dan Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan Alex Sugandi
JURNAL PENELITIAN SERAMBI HUKUM Vol 16 No 02 (2023): Jurnal Penelitian Serambi Hukum Vol 16 No 02 Tahun 2023
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v16i02.838

Abstract

In Indonesia, interfaith marriages have not been clearly regulated in the law. This phenomenon makes it a reality that the Indonesian nation consists of various religions. The heterogeneity of the Indonesian people makes it possible for even religious marriages to occur. The problem in this thesis is that the author found a case related to Interfaith Marriage, namely the determination of the Judge at the Surabaya District Court who granted the request for interfaith marriage between Rizal Adikara, a Muslim couple and Eka Debora Sidauruk, who was a Christian through the stipulation Number 916/Pdt.P/2022/ PN.Sby. This type of research is normative legal research, the research method is carried out by examining library materials that are related to the issues raised, namely the determination of the Surabaya District Court on the application of interfaith marriage. qualitative analysis is then carried out. This study aims to determine the legality of interfaith marriages based on Marriage Law Number 1 of 1974 and Islamic Law and to determine the basis of judges' considerations in granting requests for interfaith marriage determinations through analysis of the judge's decision in the form of stipulation. From this study it can be concluded that, firstly whether or not interfaith marriages are carried out according to existing religions in Indonesia, it all depends on the legal rules of each governing religion. Because in principle the five religions in Indonesia strongly oppose the existence of interfaith marriages, secondly the judge's legal considerations in the decision number 916/Pdt.P/2022/PN.Sby. Interfaith marriage refers to Law Number 1 of 1974 concerning Marriage, that in that law there is no single article that stipulates that interfaith marriage is prohibited in Indonesia. Keywords: Marriage, Different Religion, Judge's Consideratio
Indonesia's New Criminal Code and Its Implication of International Treaties of Human Rights Commitment in Indonesia Yulio Iqbal Cahyo Arsetyo
JURNAL PENELITIAN SERAMBI HUKUM Vol 16 No 02 (2023): Jurnal Penelitian Serambi Hukum Vol 16 No 02 Tahun 2023
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v16i02.832

Abstract

On the 6th of December 2022, the Indonesian Parliament officially signed the new Indonesian Criminal Code. Although it was signed, the problem is the new Indonesian Criminal Code is still widely rejected by some people in Indonesia one of the reasons is the new Criminal Code decreases democracy and human rights in Indonesia. Indonesia like any other nation had signed several international treaties that focused on human rights, democracy and transparency. The question is the new Indonesian New Criminal code breach Indonesia's commitment to the treaties that protect the human right that it signed? The methodology of this research uses a literature review with the object of an international treaty and uses data and information from internet network tracing which is then expert opinion. The result of the research shows that the new Indonesian criminal code had a potential breach of international commitment to human rights, especially in the freedom of speech and private life because Indonesia lawmakers argue that not all values of human rights will be suitable in Indonesia which is criticized by The United Nation because it's against the universal value of human rights which already ruled in core human rights convention, it can be said that Indonesia had partially breached its international commitment to fully implement the core convention of human rights. This paper will conclude that it’s a big achievement for Indonesia because finally had the original Criminal Code made by the Indonesian but the problem with the new Criminal Code is that Indonesia did not fully integrate with the International Core Convention of Human Rights because of view that not every human right can be implemented in Indonesia although the value of human rights should universal.
Pelaksanaan Rehabilitasi dan Reintegrasi Anak Korban Serta Anak Saksi Yang Berhadapan Dengan Hukum di Kabupaten Konawe Provinsi Sulawesi Tenggara Agus Ariadi; Rahmanudin Tomalili
JURNAL PENELITIAN SERAMBI HUKUM Vol 16 No 02 (2023): Jurnal Penelitian Serambi Hukum Vol 16 No 02 Tahun 2023
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v16i02.833

Abstract

Child protection is all activities to guarantee, fulfill and protect children and their rights so that they can live, grow and develop and participate optimally in accordance with human dignity and status and receive protection from violence and discrimination. That according to what is mandated in the Child Protection Act and specifically stated in the Regulation of the Minister of State for Women's Empowerment and Child Protection of the Republic of Indonesia Number 11 of 2011, the Government of Konawe Regency, Southeast Sulawesi Province is expected to involve all stakeholders and the community in the Consultation process in encouraging all stakeholders to ensure that children and adolescents, especially girls, are involved in the process of Protection, Social Discrimination, Government Policy regarding the right to legal protection in decision-making, planning and implementation. The purpose of this research is to find out the role of the regional government in the rehabilitation and reintegration of child victims, child witnesses who are in conflict with the law in the Konawe district, Southeast Sulawesi Province, to find out the obstacles encountered in implementing the Rehabilitation and Reintegration Process for child victims, child witnesses who dealing with the law in the district. Konawe Province of Southeast Sulawesi, the nature of this research is sociological juridical research, namely studying, apart from examining the provisions of positive law, various symptoms that arise related to the role of the local government in the rehabilitation and reintegration of child victims, witnesses who are in conflict with the law in Konawe Regency, Southeast Sulawesi Province. The results obtained show that the role of the local government, especially the District Social Service. Konawe in terms of handling child victims who are in conflict with the law including victims of sexual violence, abuse, domestic violence, narcotics abuse and so on, the role of the Kab. Konawe helped accompany and issued a recommendation letter addressed to the head of the District Hospital. Konawe in the service of requesting a Visum Et Revertum examination as a form of waiver of hospital administration fees if there are children who become victims who need examination from the hospital, Rehabilitation Handlers, especially women and children in the district. Konawe There needs to be integrated collaboration with relevant agencies according to the mandate of the Juvenile Criminal Justice System law, both between parents of victims or perpetrators, community leaders, government, educators, families in participating in efforts to protect women and children in Konawe district where especially Konawe Regency has a culture (Culture) / or customs in the life of its people, if there is a report received from the District Social Service. Konawe is in nature to provide assistance to the Victims. Keywords: Local government, Rehabilitation, Child Victims

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