Jurnal Hukum dan Sosial Politik
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.
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256 Documents
<![CDATA[Inkonsistensi Ketentuan Pidana Terhadap Tujuan Kepastian Hukum Dalam Undang-Undang Republik Indonesia No 3 Tahun 2020 Tentang Penambangan Mineral dan Batubara ]]>
<![CDATA[Christiadi Yanuar Saputro]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 1 (2023): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Universitas Katolik Widya Karya Malang ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i1.294
<![CDATA[Criminal provisions in a statutory regulation are certain doses or remedies as a means of achieving the formulated goals. The purpose of this article is to examine and analyze the inconsistency of the material content of the criminal provisions against the formulation of the objectives of legal certainty in the Law of the Republic of Indonesia No. 3 of 2020 concerning Mineral and Coal Mining. The research method uses a normative juridical method. Secondary data in the form of primary legal data on laws and regulations related to the criminal provisions of the Minerba Law is elaborated so that the adequacy of the content of the criminal provisions is able to test the clarity of the objectives of legal certainty. The results found that there were inconsistencies in criminal provisions as a means of achieving goals in the formulation of guaranteeing legal certainty. The application of Article 162 of the Mineral and Coal Law is subjective and tends to criminalize members of the community around mineral and coal mining. This fact proves that the objective of legal certainty is objective, ambiguous with subjective criminal means. The main article of criminal provisions in the Minerba Law is Article 158 which is systematically constructed with Article 35. Basically, the criminal provisions are used as the legal regime for licensing in the strategies and techniques of government control and control in the mineral and coal sector.]]>
<![CDATA[Efforts To Empower The Bhabinkamtibmas Blora Police In Supporting Health Protocols During The Covid-19 Pandemic ]]>
<![CDATA[Adi Nur Sholeh, S.H]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 1 (2023): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Universitas Katolik Widya Karya Malang ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i1.295
<![CDATA[Currently, Covid-19 is a major problem that is being faced by almost the entire world, including Indonesia. The Covid-19 pandemic in Indonesia has multi-sectoral impacts from various aspects, namely health, education, social and economy, including what happened in Blora Regency. Synergy with various parties such as Babinsa, village midwives, village heads and village officials is needed to support health protocols, besides the active role of the National Police in this case Bhabinkamtibmas (Bhayangkara builder of security and public order) is very important in efforts to control the spread, minimize prevention and provide education as well as information to the public regarding Covid-19 in order to create a conducive security and social order situation. The empowerment of the Blora Police bhabinkamtibmas in the target villages or sub-districts has been going well considering the condition of the Covid-19 pandemic in Blora Regency is increasing every day but is not matched by public awareness to comply with the health protocols applied.]]>
<![CDATA[Implementation Of Legal Principles Of Agreement Between Policyholders And Insurance Companies ]]>
<![CDATA[Markus Gunawan]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 1 (2023): Februari : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Universitas Katolik Widya Karya Malang ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i1.298
<![CDATA[The implementation of the legal regulation of the principle of the agreement between the policyholder and the insurance company is law no. 40 of 2014 concerning insurance and the Civil Code, article 1320 on the terms of a legal agreement, commercial law books, article 246, the meaning of insurance, and the provisions of the article in an insurance policy. Limiting factors in submitting claims, namely, failing to fulfill administrative requirements and ignorance of customers with the benefits purchased. The principle of implementing the law of the agreement between the policyholder and the insurance company at PT. Batam branch Sequis Life Life Insurance. With the construction problem: -how is the law determining the implementation of agreements between policyholders and insurance companies with one of the factors hindering filing claims in the PT Asuransi Jiwa Sequis Life Batam branch? Qualification/writing in this type of journal uses normative legal writing and legal research supported by sociological/empirical nonprofits. To analyze the problems in this journal, Jeremy Bentham's theory (theory) of utilitarianism is used, the middle theory (middle theory) by Roscoe Pound law as a social engineering tool, theory and application (Applied theory) by Philip Nonet and Philip Selznick, namely essential law society.]]>
<![CDATA[Dinamika Parpol Tentang Wacana Perubahan Sistem Pemilu 2024 dalam Perspektif Demokrasi ]]>
<![CDATA[Kusuma Wijaya]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 2 (2023): Mei : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Universitas Katolik Widya Karya Malang ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i2.302
<![CDATA[Democracy as the basis of state life allows recognition that, at the last level, the people regulate the main issues that concern their lives, including evaluation of state policies because they determine their lives. ) to the Constitutional Court regarding Law Number 7 of 2017 concerning General Elections regarding an open proportional system. The purpose of this study is to examine the closed proportional system discourse which is suitable to be reapplied in the 2024 General Election from a democratic perspective. The research methodology used is a normative juridical approach. Implications A closed or open proportional system cannot be said to be ideal for several reasons, namely, (1) In an open proportional system many candidates engage in money politics by secretly distributing money to the public. However, in a closed system, one cannot guarantee that this practice will be prevented and gain internal support within one's party. (2) Very suitable, each party can provide the best candidate in accordance with the development and progress of community needs. However, it is possible for the party to create other objectives for its own interests. (3) The principle of open proportionality, anyone who has fame and popularity but without proper background can easily be elected to a seat in parliament.]]>
<![CDATA[Hukum Demokrasi Dalam Pelaksanaan Pilpres Dan Pilkada Pada Negara Sistem Presidensial ]]>
<![CDATA[Destina Balqis Anggiyanti]]>;
<![CDATA[Ruth Shelomita]]>;
<![CDATA[Dhamara Kusuma Swastika P]]>;
<![CDATA[Laga Sugiarto]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 2 (2023): Mei : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Universitas Katolik Widya Karya Malang ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i2.303
<![CDATA[. In the practice of democratic state administration, the presidential election and regional head elections are certainly one of the country's focuses in the future to find leaders who will take care of this nation, of course it is hoped that the elected leaders are leaders who really carry out this great mandate as well as possible. Based on the choice of the community, this leader will be elected through the democratic system of elections, but there are still many problems that often occur in its implementation. The purpose of this research is to analyze the law of democracy in the implementation of presidential and regional elections in a presidential system country. This research method is normative juridical research with the basis of research using a statutory approach. The results of this study are that the Presidential System, especially in Indonesia, is still often weakened by the provisions of public office and the constitution on the powers of the head of state and the law, supervision in the general election system must certainly be carried out as cleanly as possible in order to create leaders who really have high integrity.]]>
<![CDATA[Polemik Undang-Undang Informasi Dan Transaksi Elektronik Yang Bertentangan Dengan Prinsip The Rule Of Law ]]>
<![CDATA[Athar Tristan Andana Kanz]]>;
<![CDATA[Reza Yuda Sakti]]>;
<![CDATA[Romauli Yohana Sinaga]]>;
<![CDATA[Serlin Lovina Manalu]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 2 (2023): Mei : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Universitas Katolik Widya Karya Malang ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i2.304
<![CDATA[Rule of Law is a basic principle in a legal system where the law applies equally to everyone, including the government and citizens, and no person or party is excluded from the law. It also emphasises that legal decisions must be based on existing laws and must be implemented fairly and consistently. The law is the highest norm that binds all other legal norms, thus becoming the foundation for state power and legal regulation within a country. The rule of law and the law are closely interrelated in a country's legal system. In a well-functioning legal system, the rule of law and the law work together to create justice and security for all citizens. The rule of law helps ensure that the government does not abuse its power or violate the rights of individuals. The purpose of this research is to analyse Law No. 11 of 2008 which has been amended into Law No. 19 of 2016 regarding Electronic Information and Transactions (ITE Law) which is not in accordance with the principles of The Rule of Law and how this ITE Law can reflect the principles of The Rule of Law. This research method is library research. The results of this study are the development of technology and information today makes the government then issue Law Number 11 of 2008 (ITE Law) concerning the use of technology as well as information, ITE Law prohibits all forms of criminal acts that violate using technology and information, such as information disseminated will get bad treatment for the community. In practice in Indonesia, there are several cases that contradict the principle of The Rule of Law, for example, the ITE Law can cause confusion due to the increasing total every year of technology and information users, so the use of technological facilities is also increasingly widespread plus the ITE Law until now has not been widely socialised to the public.]]>
<![CDATA[Pengaruh Penundaan Pelaksanaan Pemilu Yang Melanggar Sistem Konstitusi Di Indonesia ]]>
<![CDATA[Dinita Ardiyanti]]>;
<![CDATA[Rayhan Nizam Mahendra]]>;
<![CDATA[Febyola Alistya Senoaji]]>;
<![CDATA[Nafiza Salsabila Faliha]]>;
<![CDATA[Laga Sugiarto]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 2 (2023): Mei : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Universitas Katolik Widya Karya Malang ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i2.297
<![CDATA[Mr. Joko Widodo, The President of the Republic of Indonesia, has recently been inseparable from various hot issues that have been debated in the community during his tenure for two terms. In recent years, there have been discussions for postponing elections made by a range of political figures, and people who support the issue. The big impact caused by this discourse includes demonstrations and resistance from the community. The stability of a country is also affected by an increasingly tense political situation. The danger of democracy allowing its people's freedom to speak raises political turmoil, which can undermine the values of constitutional sovereignty and democracy. The article investigates Indonesia's laws governing the delay of national elections and the recommendations for the implementation of the discourse on postponing the general election against the sovereignty of the constitution and democracy as well as the consequences of its implementation. The study's methodology is normative juridical with a legislative and conceptual focus. Data were gathered through a literature review of secondary legal materials, such as the general election law, secondary sources in the form of journals and books, and tertiary sources in the form of articles from websites. The conclusion of the findings of this article in the form of a constitution does not regulate or require the prorogation of the general elected. However, to strive for the agenda, there is a method of forming a Government Regulation in Lieu of Law that involves a mismatch in the periodization of the position of state stakeholder described in the 1945 Constitution and is an indication of contraindications to constitutional sovereignty. Constitutional amendments are the second option that can pose a threat to the sustainability of electoral principles that are part of a form of democratic sovereignty.]]>
<![CDATA[Tinjauan Yuridis UU Cipta Kerja Terhadap Pengupahan Yang Layak Era Pandemi Covid-19 ]]>
<![CDATA[Eva Maya Sari]]>;
<![CDATA[Gracia Tirta Immanuella]]>;
<![CDATA[Ariani Sitanggang]]>;
<![CDATA[Satria Ariayudha Widiatmoko]]>;
<![CDATA[Laga Sugiarto]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 2 (2023): Mei : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Universitas Katolik Widya Karya Malang ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i2.306
<![CDATA[The legalizing of the work act sparked deep-rooted controversy in society, even since it was first proposed by the President. This situation is highly reasonable, especially with new society conditions emerging from the covid-19 pandemic, misunderstandings are natural and disagreements are easy. The copyright law was hasty as it revised dozens of existing laws. Omnibus law appeared on President Joko Widodo's proposal on his inaugural address to the people's assembly on October 20, 2019. The President proposed omnibus law to have overlapping regulations eliminated. The government has also expressed hope with the growing number of pollutive Omnibus Laws in the public and has also attracted foreign investors to invest in Indonesia. Omnibus law has generated controversy in society as it overcomes most of the previous legislation with the new one. This new act. Omnibus law provided an easier passage, as regulations and permits impeded increased construction.]]>
<![CDATA[Tinjauan Yuridis Terhadap Sanksi Tindak Pidana Dalam UUPLH Dilihat Dari Undang-Undang Nomor 32 Tahun 2009 Tentang Perlindungan Pengelolaan Lingkungan Hidup ]]>
<![CDATA[Sri Juwita Putri]]>;
<![CDATA[Qristiana Qristiana]]>;
<![CDATA[Nadila Khairunisa]]>;
<![CDATA[Alief Anugrah]]>;
<![CDATA[Herli Antoni]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 2 (2023): Mei : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Universitas Katolik Widya Karya Malang ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i2.309
<![CDATA[In Article 80 of the Law on Environmental Protection and Management, it has been regulated regarding government coercive administrative sanctions aimed at stopping violations and taking action to restore environmental functions. According to Law no. 32 of 2009 regarding the protection and management of the environment which is already stated in Article 1 paragraph (14) which states that environmental pollution is the entry or inclusion of living things. The data analysis method used is qualitative with research results based on certain statutory norms related to environmental protection and management. In Indonesia there have been several cases that are quite detrimental and endanger the region itself. To protect the area from these things, the government also issued an Environmental Protection and Management Act aimed at protecting and preventing the environment from environmental crimes from irresponsible actors as well as informing or guiding local communities and entrepreneurs to protect their environment. Fine criminal sanctions are carried out to overcome and restore the environment, and pay compensation to the government as an environmental supervisor. The principle of ultimum remedium is applied here, namely criminal sanctions that are given after administrative sanctions have been given once to the perpetrators of crimes in the form of imprisonment and also fines. Imprisonment sanctions as an ultimatum remedium support the enforcement of norms and strengthen administrative sanctions if they are not implemented optimally.]]>
<![CDATA[Penyalahgunaan Wewenang Direksi Perseroan Terbatas Atas Pengalihan Aset Perusahaan ]]>
<![CDATA[Icha Rahmawati]]>;
<![CDATA[Hotimah Hotimah]]>;
<![CDATA[Sumriyah Sumriyah]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 1 No. 2 (2023): Mei : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Universitas Katolik Widya Karya Malang ]]>
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DOI: 10.59581/jhsp-widyakarya.v1i2.313
<![CDATA[The organ of the company in carrying out its management functions is the Board of Directors. The Board of Directors is one of the company's organs. In the company, directors have obligations that must be carried out. The negligence committed by the board of directors has the right to be held accountable and can be subject to sanctions. These actions can be detrimental to the company, and can lead to legal consequences of the actions that have been committed. It is better for the directors to ask for approval in advance in the company's GMS, but this is not done by the directors and only takes their own policies aimed at taking their own benefits which can clearly be detrimental to the company, because these assets belong to the company. From this background, in this issue what is discussed is how to analyze the abuse of authority of limited company directors over the use of company assets. This type of research belongs to normative law where the work done is to process data related to the problem, besides that this research can also be seen from its nature, literature research, library research, using legal literature materials related to the problem under study.]]>
