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Contact Name
Albertus Drepane Soge
Contact Email
albertus.soge@up45.ac.id
Phone
+62274485517
Journal Mail Official
caraka.justitia@up45.ac.id
Editorial Address
Jl. Proklamasi No. 1 Babarsari, Caturtunggal, Depok, Kab. Sleman, Daerah Istimewa Yogyakarta, 55281
Location
Kab. sleman,
Daerah istimewa yogyakarta
INDONESIA
Jurnal Hukum Caraka Justitia
ISSN : -     EISSN : 28083512     DOI : http://dx.doi.org/10.30588/jhcj.v3i1
Core Subject : Humanities, Social,
Jurnal Hukum Caraka Justitia is a periodic scientific journal published by the Faculty of Law of Proclamation University 45 twice a year. This journal is intended to collect scientific writing, a summary of research results, book reviews, or fresh original ideas that are mainly related to the study of Legal Science. The editorial invites experts, practitioners, or anyone with great concern for the development of science in these areas to submit their works.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
Search results for , issue "Vol. 1 No. 2 (2021)" : 6 Documents clear
Tinjauan Yuridis Terhadap Tindakan Euthanasia dalam Perspektif Interkonektif Wibowo, Sigit
Jurnal Hukum Caraka Justitia Vol. 1 No. 2 (2021)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (575.696 KB) | DOI: 10.30588/jhcj.v1i2.922

Abstract

The purpose of this study is to examine and determine the application of the law to the act of euthanasia in the perspective of the interconnectedness of Islamic law and Indonesian positive law. The research method used in this study is a normative juridical approach. This approach is intended to be a type of dogmatic research (doctrinal) and a form of prescriptive research in relation to laws. Furthermore, the research specifications are descriptive analytical, namely by describing the problems raised and providing analysis of the problems so as to be able to provide answers to these problems.The thesis statement of this research is that euthanasia in principle in all legal perspectives in Indonesia is an act that is prohibited, in the Criminal Code, namely passive euthanasia and active euthanasia. So that euthanasia is an act that cannot be implemented or has not been legalized because it is contrary to the Criminal Code, although the application of this article is felt to be very difficult in terms of proving it.In Islamic law, euthanasia is prohibited because life and death are the absolute right of Allah SWT and humans to always be ordered to maintain their lives with their endeavors when healthy or sick. Euthanasia, or killing without suffering until now has not been accepted in the values and norms that developed in society because it is not in accordance with the ethics adopted by the Indonesian people.
Dialektika Legalitas Hak Asasi Manusia dan Rasionalisme Moral Leatemia, Philip Josep
Jurnal Hukum Caraka Justitia Vol. 1 No. 2 (2021)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (491.557 KB) | DOI: 10.30588/jhcj.v1i2.936

Abstract

Human rights are basic rights or basic rights that humans are born with as a gift from God Almighty. These human rights form the basis of other rights and obligations. As is known, in addition to human rights, there are human rights that in our social life should receive attention first in their implementation. We must fulfill our obligations first, then demand rights.In an individualistic society, there is a tendency for excessive prosecution of the implementation of these human rights, even though the implementation of human rights cannot be demanded absolute implementation because the prosecution of the absolute implementation of human rights means violating the same human rights of other people. For example, print and television news reporters often use argumentation in finding or interviewing artists who have personal problems, these reporters dig and interview artists down to the most personal issues in the artist's life, and if the artist refuses or is angry, the answer is the journalist is carrying out his journalistic duties and they demand that their human rights be fulfilled or obeyed so that the artist must tell his problem.Here it can be seen that on the journalist's side, he demands that his human rights be fulfilled, on the other hand, it can be seen that the artist's human rights are trampled on by the journalists, which means that the artist's human rights are being violated by the journalists. The question is: Where is the legality of human rights and moral rationalism?
JHCJ Editorial, Vol. 1 No. 2, November 2021 JHCJ, Editor
Jurnal Hukum Caraka Justitia Vol. 1 No. 2 (2021)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (879.12 KB)

Abstract

Jurnal Hukum Caraka Justitia merupakan jurnal ilmiah berkala yang diterbitkan oleh Fakultas Hukum Universitas Proklamasi 45 Yogyakarta dua kali dalam satu tahun. Jurnal ini dimaksudkan untuk mengumpulkan tulisan ilmiah, ringkasan hasil penelitian, resensi buku, atau ide-ide orisinal yang baru terkait dengan kajian ilmu hukum. Redaksi mengundang para pakar, praktisi, atau siapa saja yang memiliki kepedulian besar terhadap perkembangan ilmu pengetahuan di bidang hukum untuk mengirimkan karya-karyanya.
Perlindungan Anak Sebagai Korban Eksploitasi Seksual Bherta, Rika
Jurnal Hukum Caraka Justitia Vol. 1 No. 2 (2021)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (422.242 KB) | DOI: 10.30588/jhcj.v1i2.919

Abstract

Children are not adults in miniature, they need the support, and protection from adults, families, communities, governments, and countries. More and more girls are victims of child exploitation and their rights as children have been taken away. The research method was carried out by library research using primary legal materials and secondary legal materials. The research method used was doctrinal legal research or literature research with qualitative methods presented descriptively.The results of this study indicate that repressive legal protection is to apply Article 66 of Law Number 35 of 2014 concerning Child Protection through the dissemination and/or socialization of the provisions of laws and regulations relating to the protection of economically and/or sexually exploited children, monitoring, reporting, and imposing sanctions; and the involvement of various companies, trade unions, non-governmental organizations, and the community in the elimination of economic and/or sexual exploitation of children. While preventive protection is the State, Government, Regional Government, Community, Family, and Parents or Guardians are obliged and fully responsible for the implementation of Child Protection.
Posisi Agama dalam Konstruksi Negara Republik Indonesia Berdasarkan Pancasila dan UUD 1945 Sukirno, Sukirno
Jurnal Hukum Caraka Justitia Vol. 1 No. 2 (2021)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (511.727 KB) | DOI: 10.30588/jhcj.v1i2.920

Abstract

This paper discusses the position of religion and the implementation of its teachings in the construction of the Republic of Indonesia based on Pancasila and the 1945 Constitution. Pancasila as the fundamental basis for the Republic of Indonesia makes the principle of 'Ketuhanan Yang Maha Esa' or translated as 'belief in the one and only God' as the main basis that animates the other four principles. As a consequence, the Republic of Indonesia must accept and put the values of the belief in the one and only God which is expressed in religious teachings, in all activities of the society, both in the private and in the public-country domain.In the private sphere, the state guarantees and protects citizens to embrace religion and worship based on religious teachings and beliefs. In the public sphere, the country gives an important religious position by placing religious values as the material source of all positive legal rules and as the ethical and moral foundation in the life of the nation and country hood. Also, the country must accommodate openly, freely, fairly, and in balance with religious-patterned aspirations to take part in country politics through social organizations and political parties. Religion does not integrate (fusion) into the country, but also the country does not separate from religion.
Upaya Administratif Pembebasan Jabatan Paska Berlakunya UU Nomor 30 Tahun 2014 Tentang Administrasi Pemerintahan : Studi Kasus Perkara Nomor 23/G/2020/PTUN-Jkt Alamsyah, Rory
Jurnal Hukum Caraka Justitia Vol. 1 No. 2 (2021)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (572.15 KB) | DOI: 10.30588/jhcj.v1i2.918

Abstract

Law Number 30 of 2014 concerning Government Administration (UU AP) as an instrument in realizing the principles of good governance to increase public trust is not flawless, in its application, it can lead to legal uncertainty and even lead to injustice especially for the State Civil Apparatus (ASN) who was sentenced to disciplinary release from office.This research is juridical-normative research that is descriptive-analytical with a case approach, historical approach, and conceptual approach to answering how the administrative measures for exemption from ASN positions under the Statutory Regulations and Invitations and how the regulatory implications are intended for legal protection and justice for ASN.The results of the research show that the Administrative Efforts in the AP Law and Law Number 5 of 2014 concerning ASN (UU ASN) cause conflicting norms that resulting confusion and emptiness of the law for ASN who are sentenced to disciplinary Exemption from Position due to Article 33 Government Regulation Number 53 of 2010 concerning Discipline Civil Servants, disciplinary punishment is set to not be submitted administrative efforts.The condition is eliminating legal protection for ASN in obtaining certainty and justice. Suggestions from this research need to be immediately issued a new Government Regulation in accordance with the mandate of Article 129 paragraph (5) UU ASN whose arrangements are harmonized with Administrative Efforts in the Government Administration Act.

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