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Albertus Drepane Soge
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Jl. Proklamasi No. 1 Babarsari, Caturtunggal, Depok, Kab. Sleman, Daerah Istimewa Yogyakarta, 55281
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Jurnal Hukum Caraka Justitia
Published by Universitas Proklamasi 45 Yogyakarta
ISSN : -     EISSN : 28083512     DOI : http://dx.doi.org/10.30588/jhcj.v3i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
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
 1 
Search results for , issue "Vol. 3 No. 1 (2023)" : 6 Documents clear
Kearifan Lokal dan Hukum Adat Suku Dani di Papua Merina, Bresca; Muhaimin, Muhaimin
Jurnal Hukum Caraka Justitia Vol. 3 No. 1 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (225.141 KB) | DOI: 10.30588/jhcj.v3i1.1507

Abstract

Papua's cultural wealth will make a lot of positive contributions developing behavior and policy making. In addition, the wealth of Papua not always on natural resources. Papua is also rich in culture. This culture is worthy of being a capital to build the future, even strengthening peace and tolerance in Papua. The purpose of this study is to describe and analyze local wisdom which is a form of existence of customary law that has developed in the Dani Tribe of Papua Province. The research method used is descriptive qualitative with an ethnographic approach. The findings in this study are local wisdom and customary law that developed in Wosilimo Village, Uslimo District, Jayawijaya Regency, Papua, including the Iki Paleg Tradition, Dani traditional clothing, the Dani kinship system and the Wam Mane Ceremony.There are many local wisdoms and customary laws that are spread all over Papua with the myths and culture that develop with them. The Dani tribe, which today still adheres to local wisdom and customary laws, should be appreciated because their ancestral heritage will be well preserved along with the development of the times and human resources that continue to develop in the Dani tribe, local wisdom and customary law are increasingly being criticized but still preserving this culture as part of the ancestral heritage of the Dani tribe.
Efektivitas Penerapan Konsinyasi dalam Pemberian Ganti Rugi Pengadaan Tanah Setyawahyuningtyas, Lucia
Jurnal Hukum Caraka Justitia Vol. 3 No. 1 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (143.998 KB) | DOI: 10.30588/jhcj.v3i1.1508

Abstract

The land is one of the natural assets controlled by the State of Indonesia as stipulated in Article 33 paragraph (3) of the 1945 Constitution. The word control has the meaning of being authorized to regulate by issuing statutory regulations. Even so, land problems are still a problem that often occurs in society, especially related to land acquisition for public purposes and accompanied by compensation. The purpose of this study is to the extent to which the effectiveness of the application of consignment in the provision of compensation due to land acquisition. The research method in this writing uses a normative juridical approach and data analysis used is qualitative and data collection is carried out by collecting primary, secondary, and tertiary materials.Based on the results of the analysis of this writing, the application of consignment in the provision of compensation for land acquisition can be the final way in resolving disputes between the government/institution/agency and the community when there is no agreement due to various factors such as the owner or heirs not being present and difficult to communicate related with land acquisition for public interest or this disagreement is due to the absence of an agreement on the amount of compensation in which compensation for land acquisition is considered too small so that it cannot meet further needs. The consignment request is carried out by the Debtor/Agency/Institution/Government to deposit compensation money through the local District Court and of course, use the applicable provisions as stipulated in the Law so that it has permanent legal force.
Kegentingan yang Memaksa dalam Pembentukan Peraturan Pemerintah Pengganti Undang-Undang (Perppu) Nomor 1 Tahun 2022 : Studi Mengenai Pemilihan Umum di Papua Patty, Johny Harry Isabela
Jurnal Hukum Caraka Justitia Vol. 3 No. 1 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.205 KB) | DOI: 10.30588/jhcj.v3i1.1515

Abstract

The primary purpose of this research is to examine and find out the causes of the concept of urgency compelling in the formation of Peraturan Pemerintah Pengganti Undang-Undang (Perppu) Number 1 of 2022 to replace Law Number 7 of 2017 concerning general elections in Papua. The approach method used is normative juridical. This approach is intended to be a type of descriptive research concerning laws. Furthermore, the specification of this research is descriptive-analytical. Methods of data collection using library research that tests the document materials and library materials used in this study. The data were analyzed qualitatively normative, namely conducting research by interpreting and constructing statements contained in statutory regulations.This research discusses the formation of government regulation in lieu of law for changes to law Number 7 of 2017 concerning general elections in Papua, considering that extraordinary policies and steps are needed to anticipate the impact of the formation of four new provinces namely South Papua, Central Papua, Papua Mountains, and Southwest Papua. It is intended that the 2024 Election will continue according to schedule and stages so as to create domestic political stability.
Menemukan Konsep Ideal Hubungan Pusat dan Daerah dalam Bingkai Negara Kesatuan Republik Indonesia Afandi, Ahmad; Basuki, Udiyo
Jurnal Hukum Caraka Justitia Vol. 3 No. 1 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (196.372 KB) | DOI: 10.30588/jhcj.v3i1.1489

Abstract

Indonesia is a unitary state or negara kesatuan. One of the characteristics of a unitary state is the concentration of all forms of policy on the central government. In other words, the central government has very broad authority in regulating policies in the regions. On the other hand, policies that tend to be more centralized can cause injustice to diversity in the regions, especially for Indonesia, which is geographically an archipelagic country that has very diverse customs and cultures, so the needs in each region are very complex.Therefore, this paper offers a system of residual asymmetric decentralization that can be applied in Indonesia by rigidly dividing the authority of the central and regional governments. Such a division of authority is an urgent matter so that there is no longer any authority overlap between the central and regional governments. Besides that, the distribution of authority in this way can also further emphasize the characteristics of decentralization within the framework of the Unitary State of the Republic of Indonesia.
JHCJ Editorial, Vol. 3 No. 1, Mei 2023 JHCJ, Editor
Jurnal Hukum Caraka Justitia Vol. 3 No. 1 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.76 KB)

Abstract

Jurnal Hukum Caraka Justitia merupakan jurnal ilmiah berkala yang dikelola 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. Jurnal Hukum Caraka Justitia is a periodical scientific journal organised by the Faculty of Law, Universitas Proklamasi 45 twice a year. This journal is intended to collect scientific writings, summaries of research results, book reviews, or new original ideas related to the study of law. The editors invite experts, practitioners, or anyone who has great concern for the development of science in the field of law to submit their works.
Titik Singgung Sengketa Pertanahan di Lingkungan Peradilan Umum, Agama, dan Tata Usaha Negara Tehupeiory, Aarce
Jurnal Hukum Caraka Justitia Vol. 3 No. 1 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (233.394 KB) | DOI: 10.30588/jhcj.v3i1.1492

Abstract

The judiciary courts under the Supreme Court have the authority as stated in Article 25 of Law Number 48 of 2009, which are District Courts, Religious Courts, Military Courts, Administrative Courts. However, there is an intersection of land dispute cases in the General, Religious, and State Administrative courts. Disputes over court decisions include the disputing parties’ inacceptance of the court decision. Court decisions unable to be be executed because the ownership status and owners have changed.The different legal consequences for the dispute object status of the same case will make the case more complicated, the resolution is not fast and the costs are not cheap. So that it is not in accordance with the principle of simple justice, fast and low cost and there are differences in the interpretation. In order to create fair and just law enforcement in Indonesia, namely the existence of the following pillars: Fair and correct law enforcement.The existence of law enforcers with dignity, professionalism, integrity and the creation of a conducive social environment (a society that is aware of the law). With the case and statutory approach method, an agrarian court was formed to resolve disputes related to land cases, its job is not only to examine formal books but material truth by understanding the principles of land tenure and ownership provided for by the national land law. Improving the chamber system in settlement of land cases or disputes.

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