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Albertus Drepane Soge
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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 69 Documents
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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.
Pengembangan Aplikasi Digital Berbasis Artificial Intelligence Guna Efisiensi Pembuatan Akta Notaris Melati, Putri
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.v5i1.2348

Abstract

The purpose of this research is to analyze the comparison of legal effectiveness between the conventional system and the Touch My Land digital system in making notarial deeds and formulate an ideal future regulatory concept related to the digitization of notarial services. The research method used is prescriptive normative legal research. First Research Result: The digital deed application can increase the efficiency of deed-making time from days to only a few hours. The rate of errors in writing news on the deed also greatly decreases; this proves the effectiveness of the data verification feature and the Artificial Intelligence-based editorial check. The application of the Artificial Intelligence-based digital deed application system in the Notary environment has great potential in supporting the digitization of legal services in Indonesia and increasing the speed and accuracy of services to the public. Second: The regulatory model needed is to update the Regulation of the Minister of ATR / BPN to regulate the complete procedure for integrating the digital deed system, then amend the Notary Position Law Article 16 paragraph (1) letter m concerning Physical Presence and the Electronic Information and Transaction Law in Article 5 paragraph (4) concerning the validity of electronic deeds so that notarial deeds can be made and recognized in electronic form and make the two rules harmonize to facilitate the application of digital applications based on Artificial Intelligence.
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.

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