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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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Perlindungan Hak Asasi Manusia kepada Masyarakat Adat Papua kaitannya dengan keterlibatan pengelolan SDA Nouval Dwi Bhara Daksa; Astrid Calista Saraswati Sejahtera; Devi Vanessa Armi Putri; 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.v2i3.3463

Abstract

Human Rights are standards to recognise and protect the dignity of all people. Human Rights regulate the coexistence of individuals and each other in society, their relationship with the state, and the obligations of the state towards individuals. In this context, the protection of human rights for indigenous Papuans is very important. The involvement of natural resource management in the protection of human rights is very significant, because natural resource management can have a direct impact on the welfare of indigenous peoples. In this study, we will examine how human rights protection for indigenous Papuans is related to the involvement of natural resource management. The results of this study show that the protection of human rights of indigenous Papuans can be improved through custom-based natural resource management and respect for the rights of indigenous peoples. Therefore, there needs to be greater attention to the protection of human rights and custom-based natural resource management in an effort to improve the welfare of indigenous Papuans.
Partisipasi ASN Dalam Penerapan Asas Netralitas Terhadap Pemilihan Umum Anang Setiyawan; Rido Pramono
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.v2i3.3478

Abstract

The neutrality of ASN in elections is something that the government needs to pay attention to and supervise. Because the principle of neutrality is an obligation for ASN to be implemented properly and correctly. From the election moment in the previous period, it is evident that there is a need for reaffirmation both in the form of regulations and supervision. Bawaslu has the duty and authority to prevent and take action against ASN who commit neutrality violations. So this research uses the Normative Juridical Method whose approach uses a statutory approach. The aim of this research is to find out the legal basis that regulates ASN neutrality in elections and how Bawaslu will act in dealing with violations of ASN neutrality in elections.
Minimnya Pemeberian Ruang Partisipan serta Transparansi oleh DPR Kepada Rakyat dalam Pembuatan Undang-Undang Dania Maulinda; Tarisa Dinar Alifia; Syahrul Rizqi Ramadhan; Ulfa Kurnia Sari; Monica Maharani Dewi; Alfian Respamuji
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.v2i3.3497

Abstract

The principle of transparency is one of the important elements that must be present in the formation of laws. With this open principle, the public will know how the law works from planning to the stipulation stage to ratification. As the purpose of the formation of the law itself is to improve the welfare of society, community participation is very necessary so that the laws enacted provide benefits and justice for them. The legislative institution, like the DPR, must be the people's representative in obtaining justice. However, the reality so far is that the community feels that the making of this law is far from the aspirations of the people, the community feels that the government authorities, in this case the DPR, DPRD and the government as the law-forming authorities, are considered to be lacking in implementing the principle of transparency and tend to take advantage of the government. Alone. This research is normative legal research. The main focus of this research is on applicable legal norms, such as the constitution, codification, government regulations, presidential regulations, and others.
Analisis Yuridis Pertimbangan Hakim Terhadap Perkara Wanprestasi : (Studi Kasus 219/Pdt.GS/2023/PN Pti) Syahrul Rizqi Ramadhan; Dania Maulinda; Ulfa Kurnia Sari; Suwandoko Suwandoko
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.v2i3.3500

Abstract

Issues regarding non-performance of an agreement can be resolved in two ways, namely outside court and through court. The Pati Court is one of the courts that handles many default resolutions, in terms of settlement through the courts. The judge's consideration is an important component in determining the fate of both parties, namely the plaintiff and defendant, who in terms of the agreement are creditor and debtor. We can see the judge's considerations in the case of default in case number 219/Pdt.GS/2023/PN.Pti. The aim of this research is to find out how considerations are taken to decide a case of tort and how the proof of the elements of tort is fulfilled. The research method used is a normative juridical method with a statutory approach, norms contained in regulations regarding agreements and a case approach. The results of the research show that, according to article 1320 of the Civil Code, the legal conditions for an agreement are agreement, competence, certain objects or things, and cause or lawful reasons, and it is stated in article 1238 of the Civil Code that a person is considered to be in default when he is negligent and does not carry out his obligations until after the time limit specified in the agreement he has agreed to. The judge's considerations in deciding case number 219/Pdt.GS/2023/PN Pti. is appropriate because based on the written evidence attached by the Plaintiff at the trial, then according to the evidence attached the Defendant is declared guilty or in default.
Penegakan Hukum Bagi Pelaku Cover Lagu Tanpa Seizin Pencipta Lagu Cinta Annata Nurhan; Monica Maharani Dewi; Dania Maulinda; Tarisa Dinar Alifia; Syahrul Rizqi Ramadhan
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.v2i3.3501

Abstract

Technology that is increasingly developing every time makes everyone can easily create works and can create songs easily. However, there are also musicians who commit violations by covering other people's songs without the permission of the creator. The results of the song cover are uploaded through the social media of the song cover owner as if they created the song. In this research the author formulates problems regarding law enforcement for the perpetrators of song covers without the author's permission. The author formulates the first regarding how the policy regarding the perpetrators of song covers on social media platforms without the permission of the songwriter? And secondly, does the policy accommodate and have legal consequences for café singers and social media singers? The method used by the author is normative legal research. The data collection uses data from primary legal materials The legal norms that apply in the national realm are written positive legal norms such as Law No. 28 of 2014 concerning Copyright and also books related to the theme of the writing. Policies on song covers on social media platforms without the author's permission vary depending on the copyright law in each country and the platform's policies. However, in general, song covers usually need to obtain permission from the song's copyright holder before they can broadcast or share their version. Some social media platforms have implemented systems that allow songwriters or copyright holders to claim content that uses their work. This means that cafe singers or social media singers may need to obtain permission or a license from the copyright holder before they can broadcast or share their version of a cover song. Cafe singers or social media singers should be aware of the copyright regulations that apply in their region and strive to comply with existing policies or obtain permission where necessary to ensure legal compliance and respect the rights of copyright holders.
Yurisdiksi Penegakan Hukum Tindak Pidana Cybercrime di Indonesia Pasca Reformasi Devi Vanessa Armi Putri; Khanza Aoera Dievana
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.v2i3.3508

Abstract

The purpose of this article is to examine the criminal hoax law in Indonesia and the gaps in the state’s efforts to combat criminal hoaxes. Hoax news refers and points to a situation that is currently being discussed, the more people are triggered, the more aggressively the news is spread. In order to overcome the problem of cybercrime that is growing rapidly in Indonesia, the government made a legislation that specifically regulates cyberlaw which is realized in Law Number 11 of 2008 concerning Electronic Information and Transactions Law. “Law No. 11 of 2008” is one of the efforts to overcome cybercrime juridically and emperically, even though “ Law No. 11 of 2008” does not only discuss the issue of obscene or pornographic sites, buat also regulates the rules of electronic transactions which are the legal umbrella in cyberlaw rules in Indonesia. The conclusion of this research is thatm normatively, hoaxes are different from criticism and the restrictions on hoaxes in the Criminal Code and ITE Law are explicit. Since criticism is an important component of democratic life, ending democracy also means ending the practice of criticsm. The political aspects that control the structure of the Indonesian state make it difficult for the law to operate in an orderly fashion, which presents challenges for law enforcement agencies trying to combat the crime of hoaxes.
Penyalahgunaan Mobil Dinas di Tinjau dari Undang-Undang Nomor 31 Tahun 1999 Juncto Undang-Undang Nomor 20 Tahun 2001 Tentang Pemeberantasan Tindak Pidana Korupsi di Lingkungan Pemerintahan Kota Kupang Krisanti Maria Nana; Daud Dima Tallo; Bhisa Vitus Wihelmus
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.v2i3.3527

Abstract

The purpose of this research is to analyze the misuse of official cars in review of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the eradication of criminal acts of corruption in the Kupang City Government. This research uses Empirical Legal Research method with primary data legal sources collected through interviews with respondents and observation of the research location as well as secondary legal data sources collected through literature study or document study. The results of the research indicate that the misuse of official cars related to the crime of corruption, namely abuse of authority in this case the misuse of official cars in the crime of corruption refers to the formulation of Article 3 of the Law on Criminal Acts of Corruption (UUTPK), namely with the aim of benefiting oneself or another person or a corporation abusing the authority, opportunity or means available to him because of his position or position that can harm state finances. Law enforcement against the misuse of official cars outside the office, namely: preventive law enforcement and repressive law enforcement. From the results of the study, the researcher concluded that the regulation of the minister of home affairs number 7 of 2006 concerning the standardization of local government work facilities and infrastructure article 1 letter g, what is meant by official vehicles is government property that is used only for official purposes, consisting of individual service vehicles, operational service vehicles / official service vehicles, and special service vehicles / fields.Conclusion related to law enforcement efforts against the misuse of official cars outside the office, namely carried out by preventive and repressive actions.
Pengelolaan Retribusi Lahan Parkir Sebagai Upaya Peningkatan Pendapatan Asli Daerah di Kota Kupang Yufri Mbooh; Umbu Lily Pekuwali; Norani Asnawi
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.v2i3.3536

Abstract

This researcher aims to understand the management of parking fees in increasing the regional income of the city of Kupang and the efforts made by the regional government of the city of Kuapang in optimizing the receipt of parking fees. This type of research is empirical research, using a qualitative approach method, where the researcher describes data from the results of observations and research that has been carried out in Kupang City. The data collection techniques used are interviews and observations, then descriptive analysis is carried out. Parking lot management to increase local revenue is carried out through planning, organizing, activating/implementing and supervising or controlling activities. Efforts to increase local revenue through parking fees by establishing regulations and policies relating to parking fees, enforcing regulations, increasing supervision, educating the public, and evaluating the management of parking fees. Suggestions for the government to pay more attention to regional levies, especially Kupang City regional parking levies, in making regulations, enforcing regulations and increasing awareness of parking fees and providing education to the community as well as periodic evaluations for parking managers and officers so that they are obedient in carrying out their duties in accordance with applicable regulations. with a full sense of responsibility, and for the community to comply with regulations regarding regional levies, especially Kupang City regional parking levies to increase local revenue.
Upaya dan Hambatan dalam Penanggulangan Kejahatan Pembuangan Bayi di Kabupaten Manggarai Petronela Yelita Engkot; Karolus Kopong Medan; Debi F. Ng. Fallo
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.v2i3.3537

Abstract

The purpose of this research is to analyze the efforts and obstacles in overcoming the crime of baby dumping in Manggarai Regency. This research is empirical research, which is research conducted directly in the field and carried out at the Manggarai Resort Police and the Office of Women's Empowerment and Child Protection (DP3A) of Manggarai Regency. Data collection techniques used interviews and document/literature studies. The data used were primary and secondary data. The results of the data processing were analyzed descriptively qualitative. The results of this study show that: (1) The efforts made by the Manggarai Resort Police and DP3A of Manggarai Regency in overcoming the crime of baby dumping are Repressive and Preventive efforts. (2) The inhibiting factors in the efforts to overcome the crime of baby dumping in Manggarai Regency are the difficulty in identifying the perpetrators of baby dumping, limited human resources, facilities and infrastructure, agencies that do not carry out their duties properly, community conditions.
Pelaksanaan Fungsi Pengawasan Badan Permusyawaratan Desa Serta Hambatannya di Desa Tana Rara Kecamatan Loli Kabupaten Sumba Barat Yosua Oktoriardo Loda; Saryono Yohanes; David Y Meyners
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.v2i3.3538

Abstract

This study aims to: 1), Know the implementation of the supervisory function of the Village Consultative Body and its obstacles in Tana Rara Village, Loli District, West Sumba Regency), Know about - factors that affect the implementation of the supervisory function of the Village Consultative Body and the obstacles in Tana Rara Village, Loli District, West Sumba Regency. To achieve this goal, researchers use data collection techniques through, observation, interviews, and documentation or literature studies. The data obtained from the results of the study were processed using qualitative analysis to find out about the implementation of the supervisory function of the Village Consultative Body and its obstacles in Tana Rara Village, Loli District, West Sumba Regency and Know about- what factors influence implementation of the supervisory function of the Village Consultative Body and its obstacles in Tana Rara Village, Loli District, West Sumba Regency. The results of this study show that: 1. the implementation of the supervisory function of the Village Consultative Body and its obstacles In Tana Rara Village, Loli District, West Sumba Regency has not been fully carried out optimally because of the existence of people who are pro and con to every decision made, Regarding the implementation of the supervisory function carried out has been carried out properly so as to minimize the occurrence of deviations from the implementation of Village Regulations and APBDes. 2. factors that affect the implementation of BPD's supervisory function are affectedby 2 (two) factors, namely internal factors which include community support/participation in BPD, and good cooperative relations between BPD and Village Government. While the second factor is external factors which include the lack of benefits provided to BPD members, facilities and infrastructure, lack of human resources who fill BPD membership and the existence of communities that are pro and con to every decision made.

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