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Jurnal Hukum dan Sosial Politik
Published by Universitas Katolik Widya Karya Malang
ISSN : 29864445     EISSN : 29863287     DOI : 10.59581
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik 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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 256 Documents
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Kekerasan Dalam Rumah Tangga Akibat Perceraian Dan Dampaknya Terhadap Anak Catur Sakti Artaro
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2739

Abstract

This study aims to describe and understand the impact of domestic violence (DV) on children who are victims or witnesses of violence that occurs in the household. This research uses a qualitative approach with a case study method. Data were collected through in-depth interviews with 3 respondents consisting of 2 parents who divorced due to domestic violence and 1 child who experienced domestic violence. The data were analyzed using narrative analysis techniques. The results showed that domestic violence has a serious and diverse impact on children, both physically, psychologically and socially. This impact is influenced by several factors, such as the type, frequency, intensity, and duration of violence, age, gender, and characteristics of the child, as well as support and protection provided by other parties. This research provides contributions, implications and suggestions for the development of science, practice and further research.
Modern Slavery: Analisis Dampak Regulasi Pemerintah Terhadap Ketidak Pemenuhan Hak Pekerja Buruh di Indonesia Angela Kirana Hartanto; Aulia Khoiriya; Bijak Anugrah; Salsabila Khoirunnisa
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2776

Abstract

In Indonesia, the Job Creation Law has had a major impact on workers, especially in terms of policies that tend to favor companies. The emphasis on labor flexibility and the ease with which companies can restructure can reduce job security, wages, and workers' rights. Inequalities in labor contract negotiations arise as the power differential between companies and workers widens. Thus, modern slavery practices often emerge to make workers feel marginalized. This is due to the lack of legal protection, which is detrimental to their health. Therefore, this study aims to provide an explanation of the effect of government regulation in the form of omnibus law and investment policies on the welfare of workers in terms of wages and working time. To achieve this goal, this research uses a political economy perspective with two derivative theories, namely the theory of oligarchy and neoliberalism. Then, in collecting data, this research will use the big data analytics method that will collect data containing tweets from Indonesians on social media X that contain certain keywords. This method consists of several stages consisting of data cleaning processing, data transformation into tabular form, and data visualization. Besides big data, this research also uses literature review methods to collect data from books, journals, and articles related to this research topic.
Peran dan Manfaat Arbitrase sebagai Alternatif Penyelesaian Sengketa Ditinjau dari Perspektif Pelaku Usaha Indradewi, Astrid Athina; Sugianto, Fajar
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2798

Abstract

Every person experiences disagreements, conflicts, issues, and confrontations in their lifetime. Nobody wants to get into a disagreement with someone else. Each business actor, particularly in economic activities, should always be prepared for the possibility of disagreements that may arise at any point in the future. Here, the business actor will select the form of dispute resolution that best fits their requirements. This study employed a normative juridical research methodology that combines a doctrinal and statutory regulation approach. This study concludes that arbitration is a non-litigation dispute settlement mechanism. With its many benefits, arbitration plays a big part in settling business conflicts.
Kejahatan Genosida Dalam Perspektik Hukum Pidana Internasional Fikri Dwi Fadillah; Muhammad Zirly Annadziif
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2801

Abstract

International criminal law deals with extraordinary crimes, including the crime of genocide, which has been prohibited and regulated by various international treaties such as the 1948 Genocide Convention, the statute of the International Criminal Tribunals for the Former Yugoslavia (ICTY), the statute of the International Criminal Tribunals for Rwanda (ICTR), and the 1998 Rome Statute. This research aims to understand the crime of genocide in the context of International Law and its related dispute resolution methods. This research uses a doctrinal or normative juridical research approach. The results show that genocide crimes often arise as a result of the struggle for tribal rights which is a minority group. In addition, the existence of religious and racial fanaticism can also play a role in encouraging cultural discrimination that leads to the crime of genocide. In response to these crimes, International Law has developed regulations and dispute resolution mechanisms. This research provides an in-depth understanding of the root causes of the crime of genocide and highlights the role of International Law in addressing such acts. Dispute resolution methods, whether through peaceful or coercive means, become relevant in responding to the crime of genocide and upholding international justice. As such, this research contributes to further understanding of the complexity and urgency of addressing the crime of genocide within the framework of International Law.
Faktor Penyebab Terjadi Tindak Pidana Penganiayaan Anak Indriyanti Mahmud; Lisnawaty W. Badu; Avelia Rahmah Y. Mantali
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2856

Abstract

This research aims to determine the causes of criminal acts of child abuse. This research uses empirical legal methods and is based on phenomena and realities in the field, then analyzed descriptively. The results of the research are that the causes of criminal acts of child abuse in Gorontalo consist of internal factors originating from within the child in the form of a disputed object that arises when there is a previous debate between children, whether insults or fighting over things to close friends (boyfriends), the existence of feelings of hurt that arise because of other people's actions and words to themselves which offend the feelings and inner thoughts of children who are still unstable as being childish and not thinking far ahead. Meanwhile external factors consist of lack of family supervision; Existence of Organizational Groups; Lack of Mastery of Moral and Religious Education; and Electronic Media Broadcasts.
Analisis Yuridis terhadap Tindak Pidana Penganiayaan yang Mengakibatkan Cacat Permanen di Kabupaten Sikka : (Studi Kasus Putusan Nomor: 26/Pid.B/2022/PN.Mme) Theresia Edelweis Putri Nurak; Aksi Sinurat; Orpa G. Manuain
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2867

Abstract

In Decision Number: 26/Pid.B/2022/PN.Mme regarding abuse which resulted in permanent disability, the panel of judges only imposed a criminal sentence on the defendant with a prison sentence of 9 months. The problem to be studied is the basis for the consideration of the Panel of Judges and the imposition of the crime. This research aims to find out the basis for the judge's considerations and the imposition of crimes against perpetrators of abuse. The benefits of this research are theoretical and practical benefits. The type of research that will be used in this writing is a normative legal study. The types of research approaches used include the statutory approach, case approach, conceptual approach and comparative approach. The data sources used in this research use two data sources, namely primary legal materials and secondary legal materials. Whether or not the judge's decision is in accordance with the criminal act charged by the Public Prosecutor, the judge must consider aspects, namely juridical, philosophical and sociological aspects. The sentence imposed on perpetrators of torture is a maximum prison sentence of 5 years, in accordance with the contents of Article 351 paragraph (2) of the Criminal Code. The judge did not take into account the juridical, sociological and philosophical aspects as a basis for consideration in making decisions regarding Decision Number: 26/Pid.B/2022 /PN.Mme. The actual criminal sentence against the defendant is a maximum imprisonment of 5 (five) years), as stated in Article 351 paragraph (1) of the Criminal Code which states "If the action results in serious injury, the guilty person is threatened with a maximum prison sentence of five years".
Kesadaran Hukum tentang Perkawinan Tungku Cu (Perkawinan Sedarah) di Kampung Timung, Desa Golo Cador Kecamatan Wae Ri’i, Kabupaten Manggarai Maria Febrianti Jesika Tanur; Sukardan Aloysius; Orpa Juliana Nubatonis
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2869

Abstract

Furnace cu marriage is a marriage carried out between the daughter of a brother and the son of a biological sister. The marriage of the furnace cu has been carried out since ancient times so that it is carried out from generation to generation by the people of Timung Village. This marriage is an incestuous marriage prohibited in Law Number 1 of 1974 concerning Marriage in Article 8b. At the time the marriage law came into force in 1974, there were still those who carried out cu furnace marriages (inbreeding). The formulation of the problem from the research is: How is the legal awareness of the people of Kampung Timung, regarding furnace cu marriage (inbreeding) which is prohibited in Law Number 1 of 1974 concerning Marriage? And How is the existence of the furnace cu marriage in Timung Village at this time? The purpose of this study is to determine the legal awareness of the people of Timung Village regarding furnace cu marriage (inbreeding) which is prohibited in Law Number 1 of 1974. The second purpose is to find out the existence or existence of the cu furnace marriage in Timung Village at this time. The type of research used in this study is a type of empirical legal research. The data sources used in this study are primary data and secondary data. Data processing and analysis techniques, namely editing, coding, data systematization, then the data obtained both primary and secondary data will be processed and analyzed by researchers based on problem formulations. Based on the results of research that researchers have conducted, legal awareness of the Timung Village Community is still low because the Timung Village Community does not know and understand that cu furnace marriage (incestuous marriage) is prohibited in the Marriage Law, so that after the Marriage Law has come into effect in 1974 the Timung Village community still practices cu furnace marriage until 2005. The legal awareness of the Timung Village Community after the Marriage Law came into effect in 1974 against the ban on marriage was caused by several factors such as, customary factors, low level of education, compulsion due to arranged marriages by parents, lack of legal counseling from the government regarding the prohibition of marriage contained in Law Number 1 of 1974 concerning Marriage. The existence of furnace cu marriages at this time, is rarely found and has begun to fade, influenced by several factors such as bans from the church, fear that offspring will be born defective, the influence of social media.
Implementasi Sistem E-Court Dalam Mewujudkan Asas Sederhana, Cepat, Dan Biaya Ringan Di Pengadilan Negeri Restu Teguh Imani; Elsa Siffa Nabillah Nurlailatri; Printa Dewi Uma Azzahra; Lintang Zufar Satyanagama; Nimas Calista Anggita; Destri Tsurayya Istiqamah
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2883

Abstract

The increasingly rapid development of technology makes it easier for humans to receive information and to carry out various jobs just by using sophisticated technology. The impact of these developments also affects the legal field. Indonesia has also begun to upgrade its judicial system through PERMA Number 7 of 2022 which regulates the Electronic Administration of Cases and Trials in Courts issued by the Supreme Court so that every Court begins to use an electronic court justice system with the aim of the supreme court's mandate to ensure that the principles of trials are simple, fast , and low cost can be achieved. Therefore, this writing was carried out by the author to find out about the implementation of e-court in realizing the principles of simple, fast and low-cost justice in trials at the District Court, and the author also observed the use of e-court which was also accessed by advocates in the author's place when participating in field work practices. This writing uses normative empirical research methods to determine the differences between Das Sollen and Das Sein and to compare the e-court system to the principles of civil justice in the form of simple, fast and low cost principles
Perilaku Cyberbullying pada Pemain Mobile Legends Dimas Faturrahman Kusumo Nugroho; Moh. Amin Tohari
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2884

Abstract

This study was conducted with the aim of examining cyerbullying behavior that occurs in the Mobile Legends game in the Mobile Legends player community. This study uses theories from Think Before Text, Kowalski (2008), and the Transtheorical Model (1970) using descriptive qualitative research methods, and the method of finding informants using purposive sampling and snowball sampling techniques. The factors that influence the occurrence of cyberbullying are divided into several factors, but the factors that have the most influence on the occurrence of cyberbullying actions include family factors, the environment, and one's nature. As a result of cyberbullying, it will cause behavioral changes in a person, these behavioral changes are preceded by precontemplation, contemplation, preparation, action and maintenance. The factors that influence a person to experience changes in behavior due to cyberbullying are caused by a lack of parental attention in supervising their children's socialization, a poor friendship environment, and unstable emotions, causing changes in the behavior of victims to become cyberbullying perpetrators. Therefore, it is necessary to have supervision from parents in supervising the socialization of their children, the need for self-resistance so as not to fall into negative things in socializing, the need for healthy and sporitf competition in channeling the talent of playing MLBB games, and the need for strict sanctions against perpetrators.
Pertahanan Diri Korban Kekerasan dalam Relasi Interpersonal : (Studi Kasus pada Karyawan KopiTelu) Medina Aurelia; Wa Ode Asmawati
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2885

Abstract

Dating is a relationship between two individuals of different sexes sex. Dating doesn't always go well, individuals can't resolving conflicts will use violence as a way out. This research aims to find out the causes and processes why women commit dating violence. This research aims to find out and research the causal factors the occurrence of violence in dating and self-defense of victims of domestic violence in a relationship. This study uses a qualitative method. Data collection carried out by direct interviews with open-ended questions. The research participants numbered eight informants, namely three victims, three perpetrators and two additional informants. Based on the research results, factors were found The occurrence of violence in dating is caused by personal character blaming others, making a big deal out of small things, lack of emotional regulation, as well as selfishness, and excessive thinking. Violent behavior that has been carried out by informants, namely physical violence in the form of kicking, slapping, as well as hitting and in the form of psychological violence in the form of calls bad, forcing, threatening, humiliating, cursing and shouting.

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