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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 11 Documents
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Search results for , issue "Vol. 5 No. 1 (2025)" : 11 Documents clear
Rasio Legis Restitusi dan Kompensasi Oleh Pelaku Kekerasan Seksual Non Fisik Terhadap Anak di Bawah Umur Secara Elektronik Fadhila, Moch. Ivan
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2038

Abstract

Non-physical sexual violence is regulated in Law Number 12 of 2022 concerning criminal acts of sexual violence. The regulation contains unclear norms regarding objects that are then carried out through non-physical electronic media that can degrade a person's dignity and dignity so that it occurs. The aim is to study and analyze the urgency of regulating perpetrators of non-physical sexual violence committed by minors electronically and their criminal, civil, and administrative responsibilities. The method used in this study uses a normative legal research type and uses a statutory approach and a conceptual approach. The results obtained regarding the urgency of regulating perpetrators of non-physical sexual violence by children electronically are in the form of public anxiety and the absence of supervision of the handling of criminal cases of sexual violence suffered by victims, then accountability for errors that are given material or immaterial losses can be through restitution and compensation based on the conditions stipulated in the laws and regulations.
Kriminalitas dan Hukum: Perspektif Sosiologi Terkait Kontrol Sosial dan Hukum Maulida, Kartika
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2054

Abstract

This article discusses the relationship between criminality and law from a sociological perspective, focusing on social control and the role of law in regulating societal behavior. Criminality is often understood as a violation of prevailing legal norms, but sociology views it as a social phenomenon influenced by various factors, including social, economic, and cultural structures. In this context, the law functions as a tool of social control aimed at maintaining order and stability. The article explores how social norms are codified into law and how the law interacts with power dynamics and group interests within society. This approach emphasizes the importance of understanding the social context in the application of law and the effectiveness of social control in addressing criminality. Through theoretical analysis and literature review, the article offers a more comprehensive understanding of the relationship between crime and law in modern social structures.
Penerapan Konsep Pluralisme Hukum Sally Falk Moore dalam Penyelesaian Konflik di Tingkat Pemerintahan Daerah Turmudzi, Khoiru
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2066

Abstract

This article discusses the application of Sally Falk Moore's concept of legal pluralism in conflict resolution at the local government level in Indonesia, known for its cultural diversity and complex normative systems. Legal pluralism refers to the coexistence of various legal systems, where customary law and state law interact and influence each other. In this context, the article explains how customary law is recognized within Indonesia's positive legal framework and its important role in resolving disputes arising from differences between the two legal systems. Through an analysis of the interaction between state law and customary law, the article shows that applying legal pluralism can create balance and justice in conflict resolution, and strengthen the identity and rights of indigenous peoples. Using the concept of a semi-autonomous social environment, this article highlights the importance of recognizing the existence of customary law in improving social order and protecting community rights. In conclusion, applying legal pluralism not only provides solutions to conflicts but also contributes to developing a harmonious and equitable society.
The Existence of Islamic Law in The Legal System And Constitution in Indonesia: Reflection of Islamic Legal Thought and Positive Law Mustafa; Soge, Albertus D; Edy, Slamet Sarwo
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2146

Abstract

The legal position of Islam in the Republic of Indonesia cannot be separated from the influence of the entry of Islam throughout the archipelago around 16-17 Hijri, where at that time the spreaders of Islam throughout the archipelago came from various Middle Eastern countries, such as India, Pakistan, Arabia, Egypt, Jordan, and others, they traded to the archipelago while spreading Islam, and on average they brought the Shafi'i school of thought. The historical journey of the transformation of Islamic Law with various dimensions, namely; historical, philosophical, political, sociological, and legal. The presence of Islamic Law in Indonesia can be seen from two sides, namely: Islamic law applies legally formally or codified in the National legal structure, so the current compilation of Islamic Law was born which recorded the regulations of Islamic Law that have been enforced so far. And Islamic Law applies normatively, namely; having sanctions or legal equivalents for the Muslim community. The 1945 Constitution, Indonesia's constitution, also expresses the character and spirit of Islam, a constitution that is neither theocratic nor secular.
Analisis Hak Recall Partai Politik Terhadap Anggota Dewan Perwakilan Rakyat Yunus, Rahmawati
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2192

Abstract

The recall right of political parties against members of the House of Representatives (DPR) in Indonesia is regulated in Article 239 paragraph (2) of Law Number 17/2014. The recall mechanism allows for the removal of members of the House of Representatives who are not in line with party policy, even though these members were directly elected by the people. This can shift popular sovereignty as it does not provide space for constituents to be involved in the recall process and can reduce the accountability of DPR members to their voters. The research focuses on the mechanism of recall rights of political parties against members of the House of Representatives based on the People's Sovereignty.  Through a normative inquiry, this research analyzes the provisions on the implementation of the recall right mechanism by political parties against members of the House of Representatives based on People's Sovereignty. The author finds that members of the House of Representatives can be dismissed intermittently if they are absent for three months without information, violate the oath/pledge or code of ethics, are sentenced to a minimum of five years in prison, are proposed by the party, no longer meet the candidate requirements, violate the provisions, lose party membership, or ally with alternative political groups. The mechanism goes through the stages of submitting proposals to the DPR leadership, the president, and the KPU. This research hopes to contribute understanding of the debate on the mechanism of recall rights of political parties without excluding popular sovereignty.
Konsekuensi Yuridis Pelaku Plagiasi Terhadap Pemegang Hak Cipta Urban Light di Taman Rabbit Town Kota Bandung: Studi Kasus Putusan Perkara Nomor 31/Pdt.Sus-Hak Cipta/2020/Pn.Niaga.Jkt.Pst Wibowo, Sigit
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2196

Abstract

The purpose of this study is to determine and analyze the form of legal consequences for perpetrators of criminal plagiarism against the copyright holder “Urban Light” against the manager of Rabbit Town Park, who plagiarized his work. This research uses normative legal research methods that are prescriptive, which is a method by examining library materials shown in written regulations. The approach methods used in this legal writing are the case approach and the statutory approach. The result of the study is the existence of legal consequences for the perpetrators of plagiarism of a work of authorship, which has legal consequences for them. The perpetrators of plagiarism in this case were imposed legal sanctions in the form of civil sanctions with the payment of compensation. This legal sanction was decided by the Judge, as a legal remedy taken by the other party harmed, namely the copyright holder Urban Light, because his work has been plagiarized by the management of Rabbit Town Park without permission for his copyright. The basis of the lawsuit brought by the copyright holder is the existence of moral rights and economic rights inherent in the copyright holder, which are normatively regulated in the Copyright Act. Manifestation of copyright is a creation that arises automatically based on the declarative principle after the creation is realized in a real creation without reducing restrictions according to the norms in the legislation.
Analisis Kebijakan Dispensasi Kawin di Indonesia Siswanto, Cecep Tedy
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2197

Abstract

This study aims to examine and analyze in depth the marriage dispensation policy, which can be one of the factors in the occurrence of early marriage or child marriage in Indonesia. This research is a normative juridical research with a legislative approach and a conceptual approach. The main data source in this study is secondary data, consisting of primary legal materials and secondary legal materials. The results of the study show that changing the minimum age of marriage to 19 years does strengthen child protection. However, the opportunity for dispensation still weakens the effectiveness of these efforts. The conceptual problem in the definition of "very urgent reason" does not provide concrete parameters, causing ambiguity of norms that have the potential to weaken legal certainty, especially for children. There is a need to reformulate the concept of "very urgent reasons" by setting objective and measurable criteria. These parameters need to be described in the marriage dispensation policy in the form of technical guidelines or derivative regulations that are not only used by judges as a consistent reference in examining marriage dispensation applications but also as a reference for the community as applicants.
JHCJ Editorial, Vol. 5 No. 1, Mei 2025 JHCJ, Editor
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Jurnal Hukum Caraka Justitia merupakan jurnal ilmiah berkala yang dikelola oleh Fakultas Hukum Universitas Proklamasi 45 dua kali dalam satu tahun. Jurnal ini dimaksudkan untuk mengumpulkan dan mempublikasikan 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 and publish 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.
Pengaturan Hukum Terhadap Praktik Mediasi dalam Penyelesaian Sengketa Yahya, Ahmad Septian
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2340

Abstract

This study examines the effectiveness of legal regulations governing mediation in dispute resolution in Indonesia. Mediation as a non-litigation alternative is considered more efficient, affordable, and fair compared to litigation. Although regulated under Perma Number 1 of 2016 and several sectoral rules, its implementation faces challenges such as the limited quality of mediators, low public awareness, and the absence of a comprehensive legal framework. Using a normative legal approach, the research analyzes positive law and mediation practices both inside and outside the courts. Legal reform is needed, including the enactment of a Mediation Law, strengthening of mediator institutions, and online mediation regulation to meet modern demands.
Implementasi Pengelolaan Sampah Ramah Lingkungan untuk Mewujudkan Kota Kupang yang Berkelanjutan Berdasarkan Perda Nomor 3 Tahun 2011 Haning, Paul Imanuel M; Pello, Jimmy; Yohanes, Saryono
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2346

Abstract

The purpose of this research is to determine and analyze the implementation of an environmentally friendly waste management system in Kupang City based on Kupang City Regional Regulation Number 3 of 2011 and to identify the obstacles faced in implementing the waste management system in Kupang City. Data collection techniques were carried out through document studies and in-depth interviews with related parties, especially the Kupang City Environment and Sanitation Service (DLHK). The results of the study indicate that the implementation of the waste management system in Kupang City has not been running optimally due to various obstacles that can be grouped into three aspects, namely: (1) legal aspects, in the form of the absence of implementing regulations and weak law enforcement; (2) sociological aspects, in the form of low public awareness, participation, and compliance; and (3) institutional and governmental aspects, in the form of limited facilities and infrastructure, weak institutional roles, and minimal coordination between Regional Apparatus Organizations (OPD) and waste management partners. To overcome these obstacles, efforts are needed in the form of strengthening the legal aspects through the preparation of technical regulations, increasing public awareness through education and community involvement, and strengthening institutions and governance.

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