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INDONESIA
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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Pertanggungjawaban Pidana terhadap Tindakan Pembajakan Film di Aplikasi Tiktok Emiliana Febriyanti Alda Jalut; Orpa Ganefo Manuain; Adrianus Djara Dima
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.v2i2.2886

Abstract

This research is conducted with the aim of discussing and analyzing answers to problems such as the forms of actions that can be categorized as criminal acts of film piracy and the qualifications of criminal acts of film piracy on TikTok social media and how criminal liability for acts of film piracy in the TikTok application with regard to positive law in Indonesia. This research method is normative juridical method. Normative juridical method is a legal research method that focuses on library materials or secondary materials. With the approach used by researchers is a statutory approach and a conceptual approach. Based on the results of the research, benefits were obtained. The benefits obtained can be seen from the increase in likes and followers. Then the researcher also concluded that the act of piracy is categorized as a qualified offense with criminal aggravation which is included in the category of voorgezete handelings. In overcoming the existing problems, researchers argue that Tiktok also needs to be held accountable considering the losses caused are not small. However, researchers found that the legislation, especially Law Number 28 of 2014 concerning Copyright, does not separate sanctions for individuals and corporations. According to the author, there needs to be a separation of sanctions because the comparison of losses caused by actions taken by individuals and those taken by corporations is different.
Tinjauan Yuridis Tentang Tindak Pidana Penipuan dan Penggelapan Berkedok Investasi Online (Bitcoin) : (Studi Kasus Putusan PN Kupang Nomor 129/Pid.B/2021/PN. Kpg Jo Putusan PT Kupang Nomor 143/Pid/2021/PT Kpg Jo Putusan MA Nomor 422 K/Pid/2022) Maria Graciana Erlan Jaja; Debi F. Ng. Fallo; 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.v2i2.2891

Abstract

Fraud through the internet or online-based fraud is a crime that is rife today. The increasing use of the internet turns out to open up greater opportunities for fraudsters to get money or profit from the internet. Transact in online investment activities using exchange in the form of electronic money (bitcoin). With this virtual money, now business transactions can be carried out without involving intermediaries such as banks. The main problem in this study is what is the form of fraud and embezzlement in online investment (BITCOIN) based on Kupang District Court Decision Number 129/Pid.B/2021/PN. Kpg Jo Kupang High Court Decision Number 143/Pid/2021/PT Kpg Jo Supreme Court Decision Number 422 K/Pid/2022 and whether the court decision against fraud and embezzlement under the guise of online investment (BITCOIN) is fair to the victim. This research is a normative legal research that examines based on existing decisions, laws and regulations, legal theories and opinions of scholars. The results of this study show that (1) there are two forms of criminal acts that researchers found in the verdict, namely fraud and embezzlement. (2) the aspect of justice contained in the decision that it is not fair to the victim based on the laws and regulations and criminal sanctions given to the accused. Therefore, suggestions for the results of this study are (1) It is recommended that local governments that have duties and responsibilities in solving these problems can pay attention to the application of criminal sanctions.
Analisis Upaya Indonesia Dalam Menangani Pembebasan WNI Dari Kelompok Terorisme Abu Sayyaf Ayu Maruti; Vetra Raisha; Bella Widya; Junior Chavin Megawanto; Tiffany Setyo Pratiwi
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.v2i2.2903

Abstract

Abu Sayyaf is a separatist group originating from the Philippines with headquarters in Western Mindanao, Basilan, Jolo and Sulu. The existence of the Abu Sayyaf is trying to build the Islamic Mindanao Islamic State (MIS). Abdurrajak Janjalani is the leader of the Abu Sayyaf which is affiliated with the Al Qaeda terrorist network. The Abu Sayyaf's actions are considered extreme and disturbing the people of the Philippines and the Southeast Asian region. The footprints built by the Abu Sayyaf tend towards radicalism and acts of terrorism. The Abu Sayyaf carries out many bombings and kidnappings and has expanded into maritime areas by pirating ships. Indonesia became one of the countries that fell victim to piracy in 2016 when the barge Anand 12 and tugboat Brahma 12 were hijacked while traveling to Batangas, Southern Philippines. The aim of the piracy was so that the Abu Sayyaf could receive ransom money to fund their struggle. The Indonesian government has made various efforts to free Indonesian citizens who are being held hostage. The Indonesian government is prioritizing the negotiation route in this case. Indonesia is coordinating with the Philippine government, involving non-state actors in carrying out a social approach. The involvement of non-government actors is an opening to build dialogue with the Abu Sayyaf until the negotiation process is successful.
Pengaruh Faktor Idiosinkratik Matteo Salvini Dalam Kebijakan Luar Negeri “Salvini Decree” Italia 2018 Galih Antonius Ola Lewoema; Arisanto, Puguh Toko
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.v2i2.2905

Abstract

This research aims to analyze the influence of Matteo Salvini's idiosyncratic factors in the output of anti-migrant policies, so called Salvini Decree in Italy after the winning of the 2018 general election. According to Matteo Salvini, the migrant issue is a threat to Italy's national identity. The authors analyze by using the idiosyncratic concept of leaders in the foreign policy output adopted by a country.. The findings in this research indicate that there is an influence of Matteo Salvini's perception and personality which has an impact on the foreign policy adopted by Italy in 2018. Aggressive foreign policy and excluding international law from the 1951 Refugee Convention and the Common European Asylum System (CEAS) regarding migrant issues is an indication of the perception elite in breaking through political boundaries. His high level of nationalism and ability to control events and be actively involved in policy making allows Salvini to act dominantly and tends to delegate less power to maintain his power through the anti-refugee terms promoted by Salvini.
Penyimpangan Pelaksanaan Pemilihan Umum Tahun 2024 Kuswan Hadji; Naura Nurul Fajri; Aulia Nur Azizah; Suci Wulandari; Rita Fitri Utami; Fani Rahmasari
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.v2i2.2906

Abstract

General elections or elections that occur in Indonesia are held regularly every 5 years, in which the general election is held in 2024, in general elections the people give their aspirations to vote to elect members of the executive and legislative members, so that members of the legislative and executive candidates register themselves with the General Election Commission (KPU) thus prospective legislative and executive members must follow the regulations issued by the KPU. Through the normative juridical research method, the approach is very relevant in examining campaign implementation deviations from the perspective of administrative law and criminal law. The practice of legislative elections still has deviations from the law by legislative and executive candidates thus the consequences obtained by the candidates and also the role of Bawaslu must be for the affirmation of deviations in the 2024 general election.
Pembaharuan Hukum Tata Negara Dalam Dinamika Politik Hukum Kuswan Hadji; Nur Azizah; Nur Shabrina; Irma Firnanda; Nian Puspita; Annisa Hafida
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.v2i2.2907

Abstract

As legal politics is used as a fundamental guideline in the process of identifying values, establishing, shaping and developing national law in Indonesia, it plays a significant role in the formation of Indonesian legislation and national law. Given the relationship between Constitutional Law and the development of society, it is clear that understanding Constitutional Law involves not only the study of the Constitution, but should also focus more on the occurrence of the Constitution itself. In this context, it is very important to do renewal and awareness in thinking in the field of Constitutional Law. To maintain its dynamic nature, Constitutional Law considers both formal and functional viewpoints. The role of legal politics in achieving state goals is the basic policy of state governance that will be, is, and is legal according to the law with the goals to be achieved by the state are goals that are in line with current legal policies, which can change and are closely related to legal policies and the direction of national development
Analisis Peran Kepolisian Resor Sikka dalam Mengurangi Kasus Pencurian Kendaraan Roda Dua di Kota Maumere Maria Felisitas Isna Lodang; Adrianus Djara Dima; Darius Antonius Kian
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.v2i2.2912

Abstract

The objectives of this research are: 1. To determine the role of the Sikka resort police in reducing cases of two-wheeled vehicle theft in the city of Maumere. 2. To find out the factors that hinder the success of the Sikka resort police in reducing cases of two-wheeled vehicle theft in the city of Maumere. The type of research used by researchers is empirical legal research. It is oriented towards primary data (field research results). The results of the research show that 1. The Sikka Resort Police carries out various important roles, namely: receiving complaints from the public, carrying out investigations, which are then followed by delegation files to the public prosecutor to be forwarded during the examination of the case in court. In their preventive role, the Sikka Resort Police do this by holding activities such as certain operations, selective raids, guarding, police patrols and routine patrols. Meanwhile, the repressive role of the Sikka Resort Police takes action jointly with the prosecutor's office and the court in imposing criminal sanctions. 2. Factors that hinder the Sikka Resort Police in dealing with criminal acts of motor vehicle theft include the public being late in reporting, the perpetrator running away, the reporter not knowing who committed the theft, the reporter having no witnesses, evidence (no CCTV), vehicle without keys, lack of evidence and evidence, difficulties when searching for lost vehicles because they are still carrying out manual checks.
Tinjauan Viktimologis Tentang Peranan Korban dan Perlindungan Hukum bagi Korban dalam Terjadinya Kekerasan pada Masa Pacaran di Kota Kupang Andreas F. Ratoe Oedjoe; Aksi Sinurat; Deddy R. CH. Manafe
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.v2i2.2914

Abstract

Dating violence is an act of violence against a partner who is not yet married, including physical, psychological and sexual violence. The facts behind the occurrence of cases of violence during the dating period occur due to various causal factors, one of the factors that can cause these acts of violence can be caused by the victims themselves. The impact of violence in courtship is of course that there are parties who suffer both physically and psychologically and are entitled to their rights in the fulfillment and protection of their lives, as well as from psychosocial aspects that greatly affect the psychology and life of individuals and are very influential and reciprocal in the lives of victims, with the fulfillment of victims' rights such as medical treatment, counseling, therapy and rehabilitation, victims can be restored to normal. This study aims to determine the role of victim factors in the occurrence of violence in the dating period, as well as the form of legal protection for victims of dating violence. This research uses empirical legal research methods sourced from data obtained directly in the form of statements and opinions from respondents, namely the perpetrator, the victim, the Office of Women's Empowerment and Child Protection, and the PPA Polresta Kupang Kota. The results showed that the occurrence of violence during the dating period was also caused by the role of the victim, namely the provocation of the victim and the dependence of the victim on the perpetrator, then the results also showed that there was a form of legal protection for victims in the form of providing legal assistance, providing health assistance, spiritual assistance and rehabilitation.
Pelaksanaan Pendaftaran Tanah Lintas Sektor (Lintor) di Kantor Pertanahan Kota Kupang Sebagai Upaya Memperoleh Kepastian Hukum Hak Atas Tanah Miftahul Chair; Agustinus Hedewata; Orpa J 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.v2i2.2919

Abstract

Cross-sector land registration is land registration with subsidized assistance for low- income people who work in small and medium enterprises, SMEs, agriculture, fishermen, and fish farmers, in this case financing land rights certification services at the land office. That is how the issue is stated. (1) How Kupang City should go about implementing cross-sector land registration. (2) What are the challenges facing Kupang City in adopting cross-sector land registration? (3) How may cross-sector land registration be implemented in Kupang City? Empirical research is the methodology employed, and data is gathered through a literature review and interviewing 20 respondents. The findings of the study demonstrate (1) Kupang City's cross-sector land registration implementation procedure. Cross-sector land registration is implemented sporadically, making it a cross-sectoral process. sector comes before the gathering of legal data. (2) Obstacles to the implementation of cross-sector land registration in Kupang City include many incomplete documents, absences during the socialization of land title certificates, and problems with the applicant's land. (3) The solution to the obstacles to implementing cross-sector land registration is that the land authorities carry out monitoring and evaluation every week From the onset to the conclusion of the cross-sector implementation, and the community participates more in cross- sector implementation activities. This research has led to the following conclusions: (1) cross-sector land registration implementation Planning, negotiation, team building, gathering legal data, certification, and reporting are the phases of implementation that will take place in Kupang City based on the decision made by the head of the Kupang City Land Office. (2) Barriers to the implementation of cross-sector land registration In Kupang City, obstacles occur internally and externally, internal land parties must build relationships with related agencies and externally there are still many incomplete files, lack of community participation and land problems. (3) How to get around roadblocks in the way of Kupang's cross-sector land registration implementation; how to have officers be more proactive in reaching out to pertinent agencies and supplying information about cross-sector land registration.
Analisis Perkembangan Dan Pelanggaran Hak Asasi Manusia (HAM) Di Indonesia Faturohman Faturohman; Samsul Anwar; Yulliastuti Yulliastuti
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.v2i2.2924

Abstract

Development is a process in which a condition, situation, or entity experiences change or progress from one state to another that is better or more advanced. In a broader context, development can cover various fields, such as economic, technological, social, cultural and political. Development is often associated with positive progress or growth. Development can also refer to a more general process of change, including changes in people's thoughts, views, and values. Development refers to the physical, mental, emotional, and social growth that occurs throughout a person's life cycle. Violations are actions or behavior that violate established rules, laws, norms or codes of ethics. Violation often refers to actions that violate laws or regulations imposed by the government. This can include actions such as theft, violence, fraud, drug abuse, and so on. Violations of the law can impact individuals, groups, or society as a whole and can result in legal consequences, such as incarceration, fines, or other penalties. Violations reflect non-compliance or violation of established standards, and often result in negative impacts, both for the individual who violates and for other people or society as a whole. In Indonesia, there are regulations regarding Human Rights (HAM), which have been implemented in established laws and regulations. In Indonesia, Human Rights (HAM) can be regulated in various laws and regulations such as: 1956 Constitution, articles 18-34 concerning Human Rights (HAM). These articles can guarantee basic rights such as the right to life, freedom, justice, legal protection, religious freedom, and the right to get a job. Law Number 39 of 1999 concerning Human Rights (HAM). This law is a regulation that specifically regulates human rights in Indonesia. This law states the Indonesian government's commitment to Human Rights (HAM) and establishes the basic principles and mechanisms for protecting Human Rights (HAM). And also, Law Number 26 of 2000 concerning Human Rights Courts (HAM), which regulates law enforcement against human rights violations in Indonesia, including the establishment of a Human Rights Court as a special law enforcement institution that examines and adjudicates cases of violations. HAM. The development and violations of Human Rights (HAM) in Indonesia have a significant impact on society, the government and the country as a whole. The following is the impact, namely the protection and promotion of individual rights, where the development of Human Rights (HAM) has a positive impact by ensuring that individual basic rights are respected and promoted. This includes the right to freedom of opinion, freedom of religion, the right to legal protection, economic, social and cultural rights. This development strengthens democracy and the welfare of society as a whole

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