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Albertus Drepane Soge
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caraka.justitia@up45.ac.id
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Jl. Proklamasi No. 1 Babarsari, Caturtunggal, Depok, Kab. Sleman, Daerah Istimewa Yogyakarta, 55281
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INDONESIA
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. 2 (2025)" : 11 Documents clear
Implikasi Hukum Airdrop Kripto pada Aplikasi Telegram Sebagai Bentuk Promosi Aset Kripto Gunawan, Imam; Fikri, Faridh
Jurnal Hukum Caraka Justitia Vol. 5 No. 2 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i2.2183

Abstract

Telegram is a fast messaging platform and has become the main media for promoting crypto assets. Telegram's functionality establishes its position in innovation in the field of cryptocurrency, such as digital wallets and Peer to Peer markets. The implication is that Telegram, as a social media platform, has penetrated the cryptocurrency sector, one of which is the implementation of crypto airdrops. The purpose of this study is to provide a deeper understanding of the legal implications of crypto airdrops on the Telegram application as a form of crypto asset promotion, including the challenges and opportunities that exist in the context of Indonesian law. The method used in this study is normative legal research with a legislative approach and a conceptual approach. The results of this study are that crypto airdrops are a promotional or marketing strategy by crypto companies for new cryptocurrencies that will be issued. Crypto airdrops are classified into five parts, namely standard airdrops, bounty airdrops, holder airdrops, exclusive airdrops, and lottery airdrops. There are no regulations yet that determine how the crypto airdrop mechanism works in Indonesia. Therefore, the legal implications that occur in this discussion are the problem of Telegram as a social media expanding into the transaction service sector (crypto assets), the determination of new cryptocurrencies, and the problem of tax payments for airdrop hunters by reviewing several regulations in Indonesia, such as the Law, Bappebti Regulations, Ministerial Regulations, OJK Regulations, and other regulations.
Fungsi DPR dalam Sistem Checks and Balances: Pendekatan Sosiologi Hukum Emile Durkheim Rusdian, Alvin
Jurnal Hukum Caraka Justitia Vol. 5 No. 2 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i2.2186

Abstract

The article outlines the role of the People’s Consultative Assembly (DPR) in the Indonesian system of checks and balances using an approach based on Émile Durkheim's sociology of law. The DPR has three primary functions: legislation, budgetary affairs, and oversight. An extensive analysis of official documents such as the 1945 State Constitution of the Republic of Indonesia (UUD 1945) along with academic literature related to the roles of the DPR and theories of checks and balances demonstrates how crucially important the DPR is in safeguarding democracy and preventing abuse of power. Despite challenges like politicized budgets and a lack of transparency, appropriate reforms and increased public participation can enhance the DPR's role as a controlling agency over executive branches. Therefore, this article emphasizes the importance of maintaining the functioning of the checks and balances system in managing state finances to ensure stability and social solidarity among citizens.
Analisis Keterbatasan Regulasi Sanksi Malpraktik Tenaga Medis Asing dan Konsekuensinya Terhadap Penegakan Hukum di Indonesia Guamo, Indrawan
Jurnal Hukum Caraka Justitia Vol. 5 No. 2 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i2.2215

Abstract

Indonesia as a developing country, upholds human rights, including the right to health guaranteed in the 1945 Constitution. In this context, the presence of foreign medical personnel is an important part in supporting national health services. However, regulations governing foreign medical personnel, especially regarding malpractice sanctions and supervision mechanisms, still have significant weaknesses that have an impact on patient protection and the effectiveness of law enforcement. This study aims to identify the weaknesses of these regulations and analyze the consequences of their limitations on the legal system in Indonesia. The method used is normative legal research with a normative juridical approach, examining laws and regulations, legal literature, court decisions, and legal doctrine qualitatively. The results reveal that the existing administrative and criminal sanctions are still not firm and specific enough for foreign medical personnel, while supervision and competency verification have not been effective and integrated. In addition, complaint mechanisms and legal protection for patients who are victims of malpractice are still difficult to access, and there are ambiguities in legal jurisdiction, especially in cross-border cases.
Legal Study of The Mary Jane Fiesta Veloso Case from Human Rights and International Agreement Perspective See, Benedictus; Soge, Albertus D
Jurnal Hukum Caraka Justitia Vol. 5 No. 2 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i2.2255

Abstract

The purpose of this study is to analyze and understand whether the Mutual Legal Assistance in Criminal Matters (MLA) which is the legal basis for the return of Mary Jane, a death row convict, to her home country, the Philippines, is in accordance with international legal norms and how the provisions of the laws and regulations in force in Indonesia are in this case. This study is a normative legal study that is descriptive and analytical in nature, using the approach of related laws and regulations. Data were obtained through document studies and analyzed using qualitative normative methods. The results of the study indicate that the return of Mary Jane Fiesta Velosa, a death row convict, to the Philippines is based on an Agreement between the Government of Indonesia and the Government of the Philippines in the form of MLA and is based on an agreement between the Government of Indonesia and the Government of the Philippines and the existence of a policy from the President of the Republic of Indonesia to make one decision (Discretion).
Analisis Yuridis Tentang Status Hukum dan Pengangkatan Anak di Pengadillan Negeri Karawang: Studi Putusan Nomor 175/Pdt.P/2024/PN.Kwg Mochammad Adi Alamsyach Fadillah; Farhan Asyhadi; Muhamad Abas
Jurnal Hukum Caraka Justitia Vol. 5 No. 2 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i2.2317

Abstract

Adoption functions as a formal legal process aimed at protecting children’s rights and welfare, especially for those without parental care from their birth parents. It aims to provide legal security, familial stability, and social protection for adopted children within a legitimate family structure. This study presents a normative legal analysis of the procedural aspects of child adoption and critically examines the judicial considerations outlined in the Decision of the Karawang District Court Number 175/Pdt.P/2024/PN.Kwg. Employing a normative juridical approach combined with a case study and conceptual analysis, the research finds that the adoption application submitted by Silwanus Betti and Maria Agustina Kono complies with both formal and material legal requirements. The judge took into account the child’s background, born to a single mother facing economic hardship, and emphasized the best-interests of the child principle. The petition was supported by authentic documents and credible witness testimonies. The court’s ruling not only provides legal legitimacy and protection for the adopted child but also establishes legal certainty for all parties involved in the adoptive family relationship.
Implikasi Pengaturan Alat Kontrasepsi dalam KUHP Baru Terhadap Kebijakan Kesehatan Reproduksi Nuwa, Siti Nurhaliza
Jurnal Hukum Caraka Justitia Vol. 5 No. 2 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i2.2324

Abstract

The regulation of contraceptives in Indonesia's new Criminal Code (KUHP) has sparked widespread debate regarding its impact on national reproductive health policies. The background to this study is based on concerns that a number of articles in the new KUHP, particularly those restricting the distribution and education of contraceptives, have the potential to hinder public access to comprehensive reproductive health services. This study aims to critically analyze the implications of these regulations on the effectiveness of family planning programs, the protection of reproductive rights, and the achievement of public health goals in Indonesia. The research method used is normative legal research with a legislative and policy analysis approach, supported by a literature review and relevant document analysis. The findings of this study indicate that restrictions on the distribution of contraceptives in the new Criminal Code may create legal uncertainty for health workers and family planning program implementers, and potentially increase the rate of unwanted pregnancies and reproductive health risks, particularly among adolescents and women. Additionally, these regulations are deemed inconsistent with Indonesia's commitment to protecting human rights in the field of reproductive health and may hinder the achievement of national health development targets.
Kajian Hukum Praktik Pengobatan Tradisional Berbasis Metafisik dalam Perspektif Regulasi UU Nomor 1 Tahun 2023 dan UU Nomor 17 Tahun 2023 Naipospos, Gabriella
Jurnal Hukum Caraka Justitia Vol. 5 No. 2 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i2.2331

Abstract

Traditional metaphysical-based healing practices are an integral part of Indonesian culture, particularly in rural areas where access to modern healthcare services remains limited. Although not always supported by empirical medical evidence, the public’s trust in these time-honored methods and their spiritual values keeps these practices relevant. However, national regulatory dynamics have raised new issues, particularly following the enactment of Law Number 17 of 2023 on Health, which recognizes traditional medicine as part of the national health system, and Law Number 1 of 2023 on the Criminal Code, which introduces criminal penalties for non-medical practices deemed harmful or misleading. This regulatory duality creates legal uncertainty and dilemmas for traditional healers in obtaining legal recognition and protection. This study aims to analyze the conflict of norms between the two laws in the context of the legitimacy of metaphysical-based traditional medicine and provide recommendations for regulatory harmonization. The research method used is normative law with a legislative and conceptual approach, supported by a literature review of primary and secondary legal materials. The results of the study indicate that regulatory disharmony has resulted in limited legal protection for traditional healers, while service users are in a vulnerable position due to the absence of adequate supervision and protection.
Analisis Penguatan Konsep Rehabilitasi dengan Metode Therapeutic Community (TC) Terhadap Narapidana Narkoba untuk Kepastian Hukum Larasti, Gabriella Diva; Siregar, Togar Natigor; Suhartini, Endeh
Jurnal Hukum Caraka Justitia Vol. 5 No. 2 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i2.2349

Abstract

This study aims to analyze the implementation and effectiveness of the Therapeutic Community (TC) method as a rehabilitative approach for prisoners convicted of drug abuse at the Bogor Class IIA Correctional Institution. Using a legal-normative approach based on a literature review and legal regulations, it was found that the implementation of the TC method in practice still faces various challenges, including a shortage of professional staff, inadequate supporting facilities, and limited active participation by inmates. These obstacles result in a mismatch between legal norms and institutional practices, which undermines the weak legal certainty needed to fulfill rehabilitation rights. Therefore, policy reformulation, institutional capacity building, and cross-sectoral collaboration are necessary to achieve effective and sustainable rehabilitation in support of the social reintegration of inmates.
Analisis Lesbian, Gay, Bisexsual, dan Transgender (LGBT) Anggota Tentara Nasional Indonesia dalam Perspektif Hukum Pidana Militer: Kajian Berdasarkan Putusan Pengadilan Slamet, Sarwo Edy; Patty, Johny Harry Isabela
Jurnal Hukum Caraka Justitia Vol. 5 No. 2 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i2.2427

Abstract

The Indonesian National Armed Forces (TNI) are not immune to LGBT behavior, as evidenced by several military court rulings and Supreme Court decisions that have further reinforced this precedent. The purpose of this research is to understand homosexual behavior within the TNI, the processes for resolving such cases, and, in addition, to contribute ideas for addressing the related legal issues. The research method employed is a literature study of several legal sources, including primary legal materials, binding legal materials, and tertiary legal references, which serve as complementary support. Military courts have convicted TNI members engaged in homosexual acts by applying Article 103 of the Indonesian Military Criminal Code, broadening the interpretation of the phrase “official orders” to include orders related to service, encompassing the development and guidance of TNI soldiers. Furthermore, the expanded meaning of “directed to individuals” also includes orders addressed to military units, where in practice such orders are deemed to have been conveyed to members of the unit, including the defendant. The Commander of the TNI’s Telegram Letter (ST) serves as the basis for resolving cases of homosexual conduct among TNI personnel, substantively containing prohibitive norms against homosexual acts, with its classification carrying the force of an order.
Analisis Yuridis Normatif terhadap Kebijakan Sertifikat Elektronik dalam Menjamin Kepastian Hukum Hak Tanah Setyawahyuningtyas, Lucia
Jurnal Hukum Caraka Justitia Vol. 5 No. 2 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i2.2440

Abstract

The purpose of this paper is to analyze the concept of electronic certificates in the Indonesian land law system and the crucial role of electronic certificate regulations in ensuring legal certainty over land rights. It also examines the status of electronic certificates as evidence of land rights. This research employs a normative juridical method. The legal materials used include primary, secondary, and tertiary sources of law. Data were collected through library research, searching for regulations, documents, doctrines, and court decisions. The discussion in this paper demonstrates that electronic certificates have the same legal force as analog certificates. Regarding the status of electronic land certificates in Indonesian land law, they serve as authentic evidence, providing legal certainty for landowners through the digitalization of land management implemented by the Complete System Registration Program (PTSL). Although electronic certificates certainly have advantages and disadvantages, integrating land policy with the Personal Data Protection Law (UU PDP) and the Electronic Information and Transactions Law (UU ITE) is essential.

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