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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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Problematika Perubahan Undang-Undang Tentang Mineral Dan Batu Bara: (Dikuasai Negara Tidak Sama Dengan Dimiliki Negara) Tampubolon, Steven Paulus Hamonangan; Hartanto, Hartanto
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : 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.v2i3.2991

Abstract

Article 33 (3) of the 1945 Constitution of the Republic of Indonesia, is clear that the welfare of the people must be prioritized, however, the problem of mineral and coal mining, at the conceptual level, has not shown an impact on the welfare of the Indonesian people; The author appreciates this change in law. Currently, corruption related to mining has emerged again, namely a loss of IDR 271 trillion, which according to Bambang Hero S. is still an environmental loss or a loss to the country's economy. When compared to BLBI of 138 trillion and Asabri of around 22 trillion, this means that the trading system of tin as one of the mining commodities is the biggest corruption, which was unexpected by the public, but suddenly emerged after the election. Departing from the 1945 Constitution which uses the principle of managing oil and gas resources for the benefit of society and the state. So the problem formulation is how problematic occurs in changes to the regulations of Law no. 4 of 2009 until now it has become Law no. 3 of 2020. At the norm level, changes to the law have accommodated the principles of sustainability and legal certainty, even though implementing regulations do not yet exist. Returning to legal problems in Indonesia, problems often arise in the application of the law, not at the normative level.
Pemenuhan Hak Khusus Tenaga Kerja Wanita di PT Bank Tabungan Negara (Persero) Kantor Cabang Solo Imelda Rosaria Rita Damayanti; Sapto Hermawan; Rosita Candrakirana
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.v2i2.3003

Abstract

This study aims to determine the implementation of special rights for women workers at PT Bank Tabungan Negara (Persero) Tbk Solo Branch Office. The type of legal research used is empirical juridical legal research which is descriptive in nature using a statute approach. The type of legal material used is primary legal material and secondary legal material. The legal material collection technique used is indept interview (in-depth interview) and literature study while the legal material analysis technique used is the deduction method. The results of this study indicate that the implementation of the fulfillment of special rights for female workers at PT Bank Tabungan Negara (Persero) Tbk Solo Branch Office based on applicable laws and regulations has not been fully fulfilled. Menstrual leave has not been specifically regulated in the employment agreement between the Company and female workers. The conclusion was obtained from interviews with female workers at PT Bank Tabungan Negara (Persero) Tbk Solo Branch Office.
A Pengaruh Presiden dalam Putusan Mahkamah Konstitusi Perkara nomor 90/PUU-XXI/2023 terkait usia minimal calon presiden dan calon wakil presiden: Hukum Tata Negara darma, ista; Kuswan Hadji; Muhammad Fardan Valenko; Nicholas Adi Kusuma; Sheva Andika Ramajagandhi; Basuki Basuki
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : 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.v2i3.3209

Abstract

This research tries to analyze the influence of President Jokowi in the decision of Case number 90/PUU-XXI/2023 regarding the minimum age of presidential candidates and vice presidential candidates. We know that President Jokowi's name has recently become a topic of conversation, with rumors that he wants to nominate his son. became vice president, but in this case President Jokowi experienced a constitutional obstacle, namely that his son, Gibran, was still 36 years old. Who cannot be nominated because the requirement to become vice president in the 2024 presidential election must be 40 years old. This is an obstacle for President Jokowi to nominate his son to be vice president, who according to rumors has emerged as a pair with Prabowo Subianto. This research tries to understand how much influence there is in political intervention on the State Administration system and the influence of the family in the Constitutional Court's decision Number 90/PUU-XXI/2023. The results of the research show that the Constitutional Court's decision regarding the age limit for presidential and vice presidential candidates in October 2023 is a judicial decision that shows the family's interests because first, the discussion of the judicial review of the law is procedurally flawed
Tanggung Jawab Hukum Kontraktor Dalam Proyek Mangkrak di Maluku Barat Daya Leonardo Karel Hurulean; Ali Maskur
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : 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.v2i3.3241

Abstract

A complex construction project entails the legal liability of the contractor and the process of its completion. The project of building a 2 tonne/day small-scale solar ice factory is in disarray due to a lack of funding in the completion process. The decline in local tax revenues and the loss of potential jobs for local communities, slumped local economic growth and the well-being of communities. The crumbling small-scale solar ice plant also hampers the potential for infrastructure development in Southwest Maluku district. The purpose of this research is to investigate the legal responsibility of contractors in corrupt construction projects as well as to identify the legal settlement process against contractors In the case of the Mangkrak project in the Fisheries Department of Maluku District West South. Qualitative research using empirical jurisprudence methods to obtain data on legal settlement processes in cases of crashed projects. The results of the research show that contractors have a legal responsibility to complete the project in accordance with the agreed contract. The process of legal settlement by means of negotiation between the parties concerned, arbitration and legal claims. The importance of monitoring the implementation of the project in order to avoid future projectcrashes
Dispute Resolution Of "Supreme" Brand Rights: (Study of Review Decision Number 37 Pk/Pdt. Sus-Hki/2023) Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Rohman, Mohammad Syafi'ur; Tedjokusumo, Dave David; Siswanto, Carissa Amanda
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : 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.v2i3.3246

Abstract

In an era of globalization that has a significant impact on industry and commerce, trademark rights disputes are a crucial issue that needs serious attention. One trademark rights dispute that has attracted attention is the case of "Supreme," which is the focus of this study by detailing the Review Decision Number 37 PK/PDT. SUS-HKI/2023. This dispute involves companies with the trademark "Supreme," and its resolution has an important impact on trademark law in Indonesia. This research aims to dig deeper into the resolution of trademark rights disputes through these case studies. Analysis of court decisions, judges' considerations, and the legal basis used will provide a more comprehensive understanding of the trademark dispute resolution mechanism in Indonesia. Through this search, it is expected to find significant contributions to the development of trademark rights regulations and dispute resolution at the national level. This research uses normative juridical method with statutes approach, conceptual approach and case approach. The result of this research is that the trademark dispute resolution process in Indonesia follows predetermined legal steps, starting from filing a lawsuit in the District Court, continuing with the cassation process in the Supreme Court, and can reach the review stage in the Supreme Court if necessary. This approach reflects Indonesia's seriousness in handling brand disputes fairly and efficiently. The study also emphasizes the importance of good faith in the trademark registration process.
Analisis Perlindungan Hukum Pada Anak Dalam Prespekstif Hak Terhadap Manusia Faturohman Faturohman; Nana supriatna; Winda Putri Julianah
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : 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.v2i3.3267

Abstract

Legal protection for children is a very crucial aspect in efforts to ensure the fulfillment of human rights, especially for children. Children are immature people and must be protected as strictly as possible. The implementation of this legal protection still faces various challenges, including a lack of awareness among the public regarding their rights and also the existence of a culture that can sometimes conflict with the principles of human rights. This more integrated and sustainable effort from various parties, including the government and the general public, can protect a right that is carried out effectively. Education and public awareness regarding important things to protect children's rights, such as improving an environment that can develop and also the overall welfare of children.
Dilematisasi Pemberian Remisi Bagi Narapidana? Formulasi Berdasarkan Studi Perbandingan Inggris, Irlandia, dan Kanada Zainudin Hasan; Julian Chandra Adi Pratama
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : 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.v2i3.3393

Abstract

As a country with an overcapacity prison composition of 265,897 people, Indonesia ranks seventh with the most prisoners in the world. In response to this, the government has made several efforts to reduce the density of prisoners, one of which is by providing remissions. However, granting remissions is actually seen as less effective and actually creates differences in the development process in Correctional Institutions (Lapas). Another problem is how to overcome the dilemma of granting remission to prisoners from the perspective of the national legal system. The research method used in this research is a juridical-normative research method with descriptive analytical research specifications which analytically describe the applicable laws and regulations both at home and abroad and legal theories linked to research problems. Analysis of legal materials uses qualitative juridical analysis. The results of this research indicate that the background to the policy of granting remissions to prisoners needs to be tightened so that it can fulfill a sense of justice for society. Apart from that, regarding the policy of granting remissions to prisoners, it is necessary to consider the legal framework of similar policies implemented in England, Ireland or Canada because the tightening of remissions in these countries has resulted in not all prisoners getting remissions or parole.
Perbandingan Hukum Tindak Pidana Aborsi di Indonesia dengan Kebijakan Praktik Aborsi di Kanada A.H Sofiyullah
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : 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.v2i3.3396

Abstract

This study aims to compare the legal framework governing the criminal offense of abortion in Indonesia with the policy on abortion practices in Canada. Using the comparative law method, this analysis investigates aspects of the law relating to abortion, including laws, regulations, and court decisions in both countries. Cultural, religious and social factors are also considered in the context of the different legal approaches to abortion in the two countries. The results highlight significant differences in legal approaches and societal views towards abortion between Indonesia and Canada. The implications of this comparison are discussed to enrich the understanding of abortion law and generate ideas for policy reforms or adjustments appropriate to each country's context. This research contributes to a global understanding of the legal and moral issues related to abortion and provides a foundation for further discussion in developing more effective and humane policies related to abortion at the national and international levels.
Dinamika Peran Alat Bukti Elektronik Sebagai Alat Bukti Pada Sistem Pembuktian Tindak Pidana Di Indonesia Aida Jihannisa Haidar; Zakia Sofi Salsa Bela Laili
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : 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.v2i3.3398

Abstract

The recognition of electronic evidence as evidence that can be submitted to court and recognized as valid evidence has been carried out since 1977 through the Company Documents Law which stipulates that microfilm containing recorded documents of a company can be submitted as evidence in court if it arises in the future. lawsuit. According to the Company Documents Law, electronic document evidence is part of documentary evidence, whereas the Corruption Law clearly explains that electronic information and electronic documents are an extension of documentary evidence. Because electronic mail in the form of electronic information or electronic documents has been recognized as one of the valid pieces of evidence in special crimes outside the Criminal Code, in line with the legal evidence in Article 184 of the Criminal Procedure Code which is a new type of evidence, it is hoped that investigators, public prosecutors, advisors The law and judges have an understanding of this electronic evidence. In examining criminal cases, it is hoped that the judge will impose a sentence based on two valid pieces of evidence and the judge will be convinced that the defendant is guilty of committing a criminal act, then the judge must impose the maximum sentence according to the prosecutor's demands, so that the defendant will be deterred and the public's sense of justice will be fulfilled.
Eksploitasi Anak Saat Kampanye Pemilu 2024 Rai Sri Utari; Tiara Febiyola; Fildza Shafira Sa’ad; Chikita Karunia Samesta Putri; Adi Putra Umbu Dangu Limu
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : 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.v2i3.3408

Abstract

In the 2024 election, various child protection institutions reminded the importance of creating child-friendly elections. Exploitation of children in political activities, especially election campaigns, is a serious violation of children's rights and is contrary to the Child Protection Law and the Convention on the Rights of the Child. To protect children's rights, a strategy involving strict law enforcement is needed against violations involving children in political campaigns. In addition, the school environment plays an active role by providing extracurricular activities and study groups to fill children's free time, as well as providing an understanding of the role of parents in protecting children from political activities that are not appropriate for their age and development. With a normative approach, namely by researching library materials or can be said to be library research. a comprehensive understanding of child exploitation in elections, namely covering; first, we will discuss various forms of child exploitation in the context of elections; secondly, it will explore the impact of child exploitation on children themselves as well as on the democratic process more broadly. Final; The third will present recommendations and strategies to protect children's rights and reduce exploitative practices in elections. Cooperation between the government, political parties and society is needed to prevent and take action against these violations. Public education about the dangers of involving children in political activities is needed to increase public awareness, especially parents, about the importance of protecting children from political exploitation.

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