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<![CDATA[Penerapan Asas Keadilan Dalam Penetapan Nomor Urut Partai Politik Peserta Pemilihan Umum Tahun 2024 ]]>
<![CDATA[Aji, Alan Bayu]]>
<![CDATA[ Jurnal Hukum In Concreto Vol. 2 No. 2 (2023): Jurnal Hukum In Concreto Volume 2 Nomor 2 2023 ]]>
Publisher : <![CDATA[LPPM Universitas Harapan Bangsa ]]>
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DOI: 10.35960/inconcreto.v2i2.1115
<![CDATA[The rules regarding the 2024 General Election provide different treatment between parties participating in the general election that have already passed in 2019 and political parties participating in the general election that are new or have not yet passed the 2024 general election. This form of inequality is shown through the determination of serial numbers of political parties , where those who have passed the 2019 general election can use the old serial number or draw it again, while the new political parties must draw their serial number. This research has a focus on studying how to apply the principle of justice in determining the serial number of participants in the 2024 general election and how the concept of applying the principle of justice in the future will apply to the principle of justice. This research is a normative legal research with a doctrinal approach that is processed conceptually. The results of this study indicate that the application of the principle of justice does not occur in the process of determining the serial number of parties participating in the 2024 election, so an evaluation of the rule of law is needed in order to ensure that the principle of justice can be carried out properly.]]>
<![CDATA[Pelanggaran Hak Asasi Terhadap Kelompok Masyarakat Adat Dalam Konflik Agraria Dan Peranan Pemerintah Dalam Penyelesaianya ]]>
<![CDATA[Iskandar, Iskandar]]>;
<![CDATA[Azis, Husni Abdul]]>
<![CDATA[ Jurnal Hukum In Concreto Vol. 2 No. 2 (2023): Jurnal Hukum In Concreto Volume 2 Nomor 2 2023 ]]>
Publisher : <![CDATA[LPPM Universitas Harapan Bangsa ]]>
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DOI: 10.35960/inconcreto.v2i2.1132
<![CDATA[The Kinipan indigenous people often become victims of crime, where natural resources and conversion of the function of the Kinipan indigenous people's forests have disrupted the sustainability and fundamental interests of the community. What happened in the Kinipan customary land contradicts Article 18B paragraph (2) and Article 281 paragraph (3) of the 1945 Constitution. This study aims to identify and analyze the state's responsibility in protecting its citizens, especially in fulfilling agrarian rights as a constitutional right. The research method used is descriptive analysis with a normative juridical approach; data collection techniques are carried out using library data. Based on the study's results, it was found that arrangements regarding the rights and whereabouts of the community have been regulated in the constitution and various laws and regulations in Indonesia, but more than these regulations is needed to protect and meet the needs of indigenous peoples. The state's responsibility for the conflict is that the government provides what the Kipan community needs.]]>
<![CDATA[Pemikiran Hukum Yusuf Qardhawi Tentang Sanksi Bagi Muzakki Yang Tidak Membayar Zakat ]]>
<![CDATA[Purnama, Hamdan]]>
<![CDATA[ Jurnal Hukum In Concreto Vol. 2 No. 2 (2023): Jurnal Hukum In Concreto Volume 2 Nomor 2 2023 ]]>
Publisher : <![CDATA[LPPM Universitas Harapan Bangsa ]]>
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DOI: 10.35960/inconcreto.v2i2.1160
<![CDATA[Zakat is the obligation of every Muslim who fulfills the conditions to give a portion of his income or wealth to those who are entitled, according to the provisions of Islamic law. In conducting this research, the authors used a normative approach, namely an approach based on the verses of the Qur'an and Hadith as well as the opinions of the scholars regarding the principles of Fiqhiyah Ma'nawiyah, namely understanding plural texts through the skills of their meanings and using the approach socio-historical through studying the background of the life of the character discussed in this case is Yusuf Qardhawi. The technology for tracking legal materials is based on literature studies. The data analysis method used in making this work is logical thinking. The search results show that Yusuf Qardhawi asked that a muzak be given a sanction for not paying zakat, so a warning must be given. When warning after warning failed, he had to be delivered into the hands of the authorities with a lawful whip so that he could do his job. The Istinbath-Muzak that Yusuf Qardhawi legally uses for the obligation to pay zakat is the use of Ijtihad Tarjih. Yusuf Qardhawi's reason for imposing sanctions on muzakki who do not pay zakat is that zakat is one of the main taxes in Islam. A philanthropist Muslim who is required by applicable law to spend Zakat from his wealth for the benefit of the people.]]>
<![CDATA[Perlindungan Negara Dalam Menghadapi Corona Virus (Covid 19) Berdasarkan Hukum Tata Negara Darurat ]]>
<![CDATA[Sudrajat, Shinta Azzahra]]>;
<![CDATA[Kurniawan, Nandang Pamungkas]]>
<![CDATA[ Jurnal Hukum In Concreto Vol. 2 No. 2 (2023): Jurnal Hukum In Concreto Volume 2 Nomor 2 2023 ]]>
Publisher : <![CDATA[LPPM Universitas Harapan Bangsa ]]>
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DOI: 10.35960/inconcreto.v2i2.1168
<![CDATA[The purpose of making this journal is to find out the development of Covid-19 in Indonesia and its impact on people's lives and how the steps taken by the government to deal with the Covid-19 Pandemic based on a study of emergency constitutional law, which using normative legal research methods were concluded according to Indonesian Emergency Constitutional Law, the Indonesian state recognizes emergency conditions with two terminologies, namely a state of danger and matters of compelling urgency. Regarding the Covid-19 pandemic from the perspective of this emergency constitutional law, and looking at the policies and legal instruments stipulated by the President, it can be concluded that the President does not categorize Covid-19 in the category of danger but enters the second terminology, namely urgency which compels according to with article 22 of the 1945 Constitution. Indonesia is now in a state of emergency as stated in Presidential Decree Number 11 of 2020. This difficult condition requires appropriate policies as progressive and responsive efforts in accordance with statutory provisions. In these difficult times, every policy is sure to reap a variety of responses, both based on the form of support and rejection. Keywords: Constitutional law, emergency, covid-19.]]>
<![CDATA[Disparitas Putusan Hakim Dalam Kasus Korupsi Oleh Pejabat Publik ]]>
<![CDATA[Azalia, Ummu Habibah]]>;
<![CDATA[Aji, Alan Bayu]]>;
<![CDATA[Anggraeniko, Litya Surisdani]]>
<![CDATA[ Jurnal Hukum In Concreto Vol. 2 No. 2 (2023): Jurnal Hukum In Concreto Volume 2 Nomor 2 2023 ]]>
Publisher : <![CDATA[LPPM Universitas Harapan Bangsa ]]>
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DOI: 10.35960/inconcreto.v2i2.1173
<![CDATA[The disparity in sentencing in cases of criminal acts of corruption by public officials is caused by differences in sentences in equally serious cases, namely corruption committed by public officials. The existence of high inequality in sentencing can affect people's judgments as a form of injustice. The aim of this research is to examine how positive law regulates disparities in sentencing in judges' decisions and how public officials who commit corruption crimes are punished. This research is included in the category of normative legal research, where the data used consists of secondary sources such as legal texts including laws and regulations, court decisions, and legal journals. The research was carried out through the use of statutory methods combined with a theoretical framework and secondary data, namely legal materials. The research findings show that arrangements relating to the criminal prosecution of public officials who practice corruption can be found in Article 13 paragraph (1) of Perma Number 1 of 2020 which relates to the Guidelines for Punishment Articles 2 and 3 of the Corruption Eradication Law. However, the regulation of disparities in the Supreme Court Regulations has not been a solution in reducing disparities. It requires absolute alignment of sentencing goals so that the crimes committed with the crimes obtained can reflect the values of justice. So that disparities can be used only to burden criminal prosecution in corruption cases by public officials.]]>
<![CDATA[Efektivitas Hukum terhadap Perlindungan Korban Kekerasan Berbasis Gender dan Anak di Kabupaten Banyumas: Studi di Unit Pelaksana Teknis Daerah Perlindungan Perempuan dan Anak ]]>
<![CDATA[Putri, Septiani Aditiya]]>;
<![CDATA[Anggraeniko, Litya Surisdani]]>;
<![CDATA[Aji, Alan Bayu]]>
<![CDATA[ Jurnal Hukum In Concreto Vol. 2 No. 2 (2023): Jurnal Hukum In Concreto Volume 2 Nomor 2 2023 ]]>
Publisher : <![CDATA[LPPM Universitas Harapan Bangsa ]]>
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DOI: 10.35960/inconcreto.v2i2.1174
<![CDATA[Gender and child-based violence in Banyumas is relatively high. This is indicated by the case data of the last 2 years released by the UPTD PPA Banyuma. This study aims to determine the effectiveness of laws and efforts to protect victims of gender-based violence and children, as well as the obstacles faced by UPTD PPA. This study uses empirical research methods, data collected by interviews, observations, and literature studies. The results of this study indicate that the effectiveness of the law on the protection of victims of gender-based violence and children in Banyumas has been effective, it is measured from 5 factors, namely legal factors, law enforcement officers, facilities or facilities, society and culture, where society and cultural factors are also obstacles for UPTD PPA. Efforts to protect victims of gender-based violence and children by UPTD PPA Banyumas conducted in 2 (two) ways, namely preventive and repressive efforts.]]>
<![CDATA[Implementasi Prinsip Kehati-Hatian (Prudential Banking Principle) Dalam Penyaluran Kredit Usaha Rakyat (KUR) Pada Bank Rakyat Indonesia Cabang Tasikmalaya ]]>
<![CDATA[Ernawati, Ninih]]>
<![CDATA[ Jurnal Hukum In Concreto Vol. 2 No. 2 (2023): Jurnal Hukum In Concreto Volume 2 Nomor 2 2023 ]]>
Publisher : <![CDATA[LPPM Universitas Harapan Bangsa ]]>
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DOI: 10.35960/inconcreto.v2i2.1194
<![CDATA[The banking sector, which has a strategic position as an intermediary institution and supporting the banking system, is a very decisive factor in the adjustment process. In connection with this, it is necessary to improve the national banking system which not only includes efforts to restructure individual banks but also to restructure the banking system as a whole. This research uses the Descriptive-analytical method, namely by describing the prudential principles at Bank Rakyat Indonesia which are described in such a way, then analyzed against lending to provide freedom to the parties who will enter into an agreement. The regulation of the prudential principle in Indonesia is based on Article 2 and Article 29 paragraph (2) of the Banking Law, and implicitly mentions the prudential principle in Article 29 paragraph (3) and (4) of the Banking Law. The prudential principle in granting People's Business Credit (KUR) at Bank Rakyat Indonesia (BRI) KC Tasikmalaya, has applied the prudential principle in granting KUR by using the 5'C principles feasibility analysis (by prioritizing the aspects of character, capacity and collateral analysis) which are assessed through the business income earned each month and the feasibility of collateral provided by prospective debtors.]]>
<![CDATA[Paradigma Perlindungan Hak Cipta bagi Pencipta Lagu di Luar Sistem Kolektif Nasional Indonesia ]]>
<![CDATA[Izzah Sulistyorini, Nurul]]>
<![CDATA[ Jurnal Hukum In Concreto Vol. 3 No. 1 (2024): Jurnal Hukum In Concreto Volume 3 Nomor 1 2024 ]]>
Publisher : <![CDATA[LPPM Universitas Harapan Bangsa ]]>
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DOI: 10.35960/inconcreto.v3i1.1830
<![CDATA[Legal protection of copyright is a form of state recognition of the exclusive rights of creators over their intellectual works. In practice, Indonesia’s copyright protection system for musical works is implemented through a collective management mechanism regulated under Law Number 28 of 2014 and operationalized by Collective Management Organizations (LMK) and the National Collective Management Organization (LMKN). Nevertheless, this system has not ensured equal legal protection for independent songwriters outside the collective structure. This research aims to identify normative and institutional gaps in the current protection model and to formulate a reform-oriented legal framework that promotes inclusivity and non-discrimination. The research method applied is normative legal research using statutory and conceptual approaches. The findings reveal that independent creators continue to face limited access to royalty distribution, lack of alternative protection schemes, and suboptimal use of information technology in copyright registration and distribution. Accordingly, a reformulation of the copyright protection system is required through the integration of digital infrastructure, simplification of administrative procedures, and the inclusion of non-collective authors in the national copyright regime.]]>
<![CDATA[Penerapan Restorative Justice terhadap Anak dalam Perspektif Sistem Peradilan Pidana Anak di Indonesia ]]>
<![CDATA[Bunga Filonia, Fredella]]>
<![CDATA[ Jurnal Hukum In Concreto Vol. 3 No. 1 (2024): Jurnal Hukum In Concreto Volume 3 Nomor 1 2024 ]]>
Publisher : <![CDATA[LPPM Universitas Harapan Bangsa ]]>
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DOI: 10.35960/inconcreto.v3i1.1848
<![CDATA[The restorative justice approach has been adopted in Indonesia’s juvenile criminal justice system as part of legal reform that prioritizes the restoration of social relationships and the protection of children, rather than punitive measures. This study aims to analyze the implementation of restorative justice for children and to examine its conceptual framework within a criminal justice system oriented toward fairness and child protection. The research employs a normative legal method with statutory and conceptual approaches, through the analysis of regulations, legal doctrines, and previous studies. The findings reveal that although a legal foundation has been established through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, the implementation of restorative justice remains constrained by regulatory disharmony, limited understanding among law enforcement personnel, and a lack of community involvement. The concept of restorative justice emphasizes dialogue, offender accountability, and victim participation as core principles in achieving equitable case resolution. This study recommends the strengthening of technical regulations, the enhancement of training for law enforcement officers, and increased cross-sectoral collaboration as strategic steps to realize a juvenile justice system that is more humane and focused on the protection of children’s rights.]]>
<![CDATA[Pidana Mati dalam Perspektif Undang-Undang Nomor 1 Tahun 2023: Tinjauan Yuridis terhadap Model Pemidanaan Alternatif ]]>
<![CDATA[Khusnul Baiti, Aqmarina]]>
<![CDATA[ Jurnal Hukum In Concreto Vol. 3 No. 1 (2024): Jurnal Hukum In Concreto Volume 3 Nomor 1 2024 ]]>
Publisher : <![CDATA[LPPM Universitas Harapan Bangsa ]]>
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DOI: 10.35960/inconcreto.v3i1.1849
<![CDATA[Law Number 1 of 2023 concerning the Indonesian Criminal Code repositions the death penalty from an absolute sanction to a conditional alternative sentence, allowing a probationary period of ten years. This change reflects a paradigm shift from a retributive approach to a more humanistic model that emphasizes the protection of human rights, particularly the right to life, and incorporates the principles of proportionality, individualization, and ultimum remedium in criminal law. This research employs a normative juridical method using statutory and conceptual approaches, along with qualitative analysis of Articles 100 and 101 of the Criminal Code. The findings indicate that the conditional death penalty aligns with the principles of modern criminal law and constitutional values; however, its implementation faces significant normative and institutional challenges. Clear implementing regulations, evaluation standards, and judicial guidelines are required to ensure consistent application of the law. The readiness of law enforcement personnel, inter-agency coordination, and objective evaluation mechanisms are key prerequisites. The conditional death penalty has the potential to strengthen Indonesia’s criminal justice system in line with substantive justice and constitutional protection.]]>
