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INDONESIA
Jurnal Hukum Inconcreto
Published by Universitas Harapan Bangsa Purwokerto
ISSN : 29637724     EISSN : 29637724     DOI : 10.35960
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Filsafat dan Teori Hukum Perbandingan Hukum Sosiologi Hukum Hukum Internasional Hukum Tata Negara Hukum Perdata Hukum Bisnis Hukum Ekonomi Hukum Lingkungan Hukum Pidana Hukum Administrasi Negara Hukum Teknologi, Informasi, dan Komunikasi Hukum Hak Asasi Manusia Hukum Islam dan Keluarga Hukum Agraria Hak Kekayaan Intelektual Hukum Syariah Perbandingan Hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 57 Documents
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Code of Ethics Violations Due to Constitutional Court Decision Number 90/PUU-XXI/2023 Towards the Dynamics of the 2024 Election in Indonesia Larasati, Herwinda; Aeni, Intan Nur; Febrianti, Selma Savita; Safitri, Theona
Jurnal Hukum In Concreto Vol. 3 No. 2 (2024): Jurnal Hukum In Concreto Volume 3 Nomor 2 2024
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v3i2.1484

Abstract

The Constitutional Court's (MK) Decision No. 90/PUU-XXI/2023 has sparked widespread debate regarding code of ethics violations in the context of Indonesia's 2024 general elections. Some consider this decision, which affects election regulations and mechanisms, as a deviation from the ethical principles that should be upheld in democratic processes. This research aims to analyze the impact of the decision on the dynamics of the 2024 elections, focusing on the aspects of code of ethics violations that have emerged. The method used is document study and normative juridical analysis, which includes an assessment of the Constitutional Court's Decision, related election regulations, and legal and ethical literature. The results showed strong indications of violations of the code of ethics by several parties involved, both in terms of technical implementation and in the context of political campaigns. The Constitutional Court's Decision also raises new challenges in maintaining the integrity and fairness of elections and affects public confidence in the democratic process. In conclusion, concrete steps are needed to strengthen oversight mechanisms and enforce the code of conduct to ensure that the 2024 elections occur pretty and transparently and respect the underlying ethical principles.
Analysis of the Iran-Israel War Conflict on Economic Implications in Indonesia Lituhayu, Berlylia Nur Alina Lituhayu; Nasywa Mukhbita Nayla; Kyung Park, Hyun
Jurnal Hukum In Concreto Vol. 3 No. 2 (2024): Jurnal Hukum In Concreto Volume 3 Nomor 2 2024
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v3i2.1491

Abstract

The conflict between Iran and Israel has been one of the flashpoints in the Middle East. However, in recent years, the conflict between these two countries has transcended regional boundaries and triggered turmoil at the global level. This study aims to analyze the Iran-Israel war conflict and examine the implications for the economy in Indonesia. The approach used is normative juridical by utilizing the method through library studies. The results show that Indonesia, as a developing country with the implementation of an open economic system that relies on the imported power sector, has an indirect relationship to the war conflict between Iran and Israel. The conflict has significantly impacted the Indonesian economy, especially with rising energy prices, inflation in international trade, and a significant decline in foreign investment. This study also emphasizes the importance of Indonesia maintaining a free and active foreign policy, as well as prioritizing diplomacy and peaceful conflict resolution in dealing with the implications of the war between Iran and Israel.
Revisiting Conditional Punishment Jurisdiction in Child Abuse Cases (Study Decision Number X/Pid.Sus-Child/2021/PN.Pwt) Evan Bonatua Pasaribu, Rodo; Hendriana, Rani; Hapsari Retnaningrum, Dwi; Barkhuizen , Jaco
Jurnal Hukum In Concreto Vol. 3 No. 2 (2024): Jurnal Hukum In Concreto Volume 3 Nomor 2 2024
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v3i2.1522

Abstract

The Criminal Code (KUHP) has regulated alternative sanctions for imprisonment in criminal criminal practices, namely conditional sentences as regulated in Articles 14a to Article 14f of the Criminal Code. One of the sentences related to conditional criminal sentences is Decision Number X/Pid.Sus-Anak/2021/PN.Pwt. This research aims to find out the legal considerations of judges in imposing conditional criminal sanctions on defendants in the Purwokerto District Court Decision Number X/Pid.Sus-Anak/2021/PN Pwt. The approach method used in this research is normative juridical with prescriptive research specifications. The data source used is secondary data by collecting and using literature studies presented in narrative text, and the data analysis method used is normative qualitative. The results of research and discussion show that the judge in deciding Case Number X/Pid.Sus-Anak/2021/PN.Pwt did not consider the theory of retaliation. However, the conditional criminal sentence of 6 (six) months shows that the judge did not consider the fiscal theory, because the defendant has committed criminal acts against 2 (two) other victims.
Juridical Implications of Judges Decisions with Incorrect Legal Considerations (Analysis of Decision Number: 802/Pdt.G/2019/Pa.Pwt) Avilya, Dhyni; Nurul Hidayah, Astika
Jurnal Hukum In Concreto Vol. 3 No. 2 (2024): Jurnal Hukum In Concreto Volume 3 Nomor 2 2024
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v3i2.1523

Abstract

The Court's judgment is necessary. The Court must examine, resolve, and decide the case filed by the Court. However, there were court errors in the decision. This study aims to determine and analyze the law on the Judge's wrong legal consideration in the Ratio Decidendi theory and the juridical implications of the Judge's decision that misapplied the law in decision Number 2802/Pdt.G/2019/Pa.Pwt. The method used in this research is normative juridical, where the law is conceptualized as what is written in the legislation. The data source in this research uses secondary data. The data collection method in this research uses literature study, namely by collecting literature such as books, scientific journals, and primary legal materials to support this research, as well as identification and clarification of legal facts in the field by asking questions to sources that are by this research. Based on the results of the study and discussion of the legal analysis of the Judge's decision, which is wrong in its legal considerations in the Ratio Decidendi theory, namely the reasons that determine the decision formulated in the verdict. This part of the consideration cannot be separated from the verdict and has a legally binding force, which can be formulated as a legal rule. The legal impact of an incorrect decision in its legal considerations does not affect the ruling but is binding on the parties, provided that it is not appealed or cancelled.
Legal Protection Against Trademark Counterfeiting in Micro, Small, and Medium Enterprise Products in Banyumas Region Dwi Febriyanti; Maya Ruhtiani; Alan Bayu Aji
Jurnal Hukum In Concreto Vol. 4 No. 1 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 1 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i1.1634

Abstract

This study investigates trademark counterfeiting in micro, small, and medium enterprises (MSMEs) in the Banyumas region. It aims to understand and analyze the legal framework for protection against trademark counterfeiting under Law No. 20 of 2016 on Trademarks and Geographical Indications and to evaluate the legal protection for MSME products in Banyumas. The research employs a juridical-empirical method using both legislative and case-based approaches. Data types and sources include primary and secondary data collected through observation, interviews, and documentation, with qualitative data analysis techniques. The results indicate that legal provisions allow for criminal sanctions for trademark counterfeiting, as Articles 100 and 102 specified. In addition to criminal penalties, counterfeiters may also face civil sanctions, including compensation claims or cessation of all activities related to using the counterfeit trademark, as outlined in Article 83. However, legal protection against trademark counterfeiting for MSME products in Banyumas is still not optimal.
Legal Protection for Children as Victims of Incest Committed by Biological Fathers From a Victimology Perspective (Study at the Criminal Investigation Unit of the Banyumas Regency Woman and Children) Wahyuningrum, Rengganis Rahma Esa; Hendriana, Rani; Angkasa
Jurnal Hukum In Concreto Vol. 4 No. 1 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 1 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i1.1746

Abstract

Incest is a sexual relationship that occurs between family members, and in this case the child becomes a victim of incest. Therefore, legal protection is needed to fulfill the rights of children who are victims of incest. This research aims to determine the legal protection provided by the Criminal Investigation Unit of the Banyumas Regency Women and Children Protection Unit. This research is empirical juridical research with a qualitative approach method and the research specifications are analytical descriptive. The data used in this writing are primary data and secondary data. The data is then processed using reduction methods, data display and data categorization and then presented in the form of narrative text, charts and graphs. The results of this research show the provision of legal protection in the form of applying for restitution, providing shelter or safe houses, medical and psychological rehabilitation for children who are victims of incest. Furthermore, the inhibiting factors of the legal structure are the lack of human resources, such as the unavailability of psychiatrists and/or forensic psychologists to handle and resolve victims' trauma due to the events that occurred, as well as the lack of budget for post-mortems. Finally, regarding facilities and infrastructure, the Criminal Investigation Unit of the Banyumas Regency Women and Children Protection Unit does not provide shelter or safe houses for victims. Furthermore, from the legal substance, namely the absence of specific regulations governing incest, while from the legal culture factor there is a negative stigma from society which views victims as disdainful, and considers incest a disgrace so that victims feel afraid and embarrassed to report it to the authorities, including The existence of patriarchal culture and superior attitudes from men makes women powerless and unable to resist.
Implications of The Constitutional Court Decision No. 60/PUU-XXII/2024 on the Single Candidate Phenomenon in Regional Head Elections in Indonesia Aji, Alan Bayu; Hesti Ayu Wahyuni
Jurnal Hukum In Concreto Vol. 4 No. 1 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 1 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i1.1762

Abstract

Simultaneous regional head elections in 2024 are a challenge for Indonesia's democratic system, especially with the phenomenon of single candidates even though the Constitutional Court has lowered the nomination threshold through Decision Number 60/PUU-XXII/2024. This study aims to analyze the impact of the Constitutional Court's decision on party political participation and identify factors that influence the sustainability of the single candidate phenomenon. This research uses a normative juridical method with a conceptual approach. The results show that although the lowering of the threshold has succeeded in increasing the opportunities for small parties to nominate candidates, the dominance of incumbents, high political costs, and weak political education remain significant obstacles so that there will still be single candidates in 37 Regions in the 2024 Simultaneous Regional Head Elections. Key findings suggest the need for additional arrangements, such as limiting the maximum party support for a single candidate, to encourage more participatory competition. This research confirms the importance of regulatory reform and political education to realize a more inclusive democracy in the context of regional head.
Implementation of HIV/AIDS Prevention Law Among Adolescent In Increasing Youth Resilience (Study at Dinas Pengendalian Penduduk dan Keluarga Berencana, Bekasi) Anggita Hayuningtyas, Salsabila; Musyahadah Rahmah, Alef; Afwa, Ulil
Jurnal Hukum In Concreto Vol. 4 No. 1 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 1 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i1.1765

Abstract

In Bekasi City, HIV/AIDS cases are relatively high, and adolescents are said to be vulnerable to HIV/AIDS transmission. Hence, Dinas Pengendalian Penduduk dan Keluarga Berencana, Bekasi City, needs to carry out the prevention according to Bekasi Mayor Regulation Number 125 of 2021. This research aims to determine the implementation of the HIV/AIDS prevention law among adolescents in increasing youth resilience by Dinas Pengendalian Penduduk dan Keluarga Berencana, Bekasi City, and the factors that influence the implementation of it. This research is qualitative research with an empirical juridical approach and descriptive specifications. The research informants were 5 (five) people. Types and sources of data include primary data and secondary data. The results of the research show that the implementation of the law on preventing HIV/AIDS among adolescents has been implemented well as measured by 4 (four) parameters, namely setting targets for preventing HIV/AIDS among adolescents, establishing partnerships in preventing HIV/AIDS among adolescents, facilitating HIV/AIDS prevention among adolescents with partners and establish HIV/AIDS prevention activities. Factors that tend to influence the implementation of HIV/AIDS prevention law among adolescents in increasing youth resilience consist of supporting factors, which at least include regulations regarding HIV/AIDS prevention, the readiness of human resources to carry out activities, and the availability of adequate facilities, and inhibiting factors which at least include difficulty for partners to work together, psychological counselling services which are only available 1 (one) for all adolescents in Bekasi City and unequal funding.
The Legal Responsibilities of Advocates in the Digital Era for Client Data Protection Following the Enactment of Law No. 27 of 2022 on Personal Data Protection Yazrul Anuar
Jurnal Hukum In Concreto Vol. 4 No. 1 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 1 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i1.1775

Abstract

In practice, Advocates are involved with their client's data contained in the legal documents they create and have a responsibility to maintain the confidentiality of the information contained in the records they hold. The birth of the PDP Law to provide legal certainty and security for the community amidst the massive use of personal data. This research discusses the history of personal data protection and the implications of the PDP Law for the obligations and responsibilities of advocates in the event of a client data leak according to national law. The results of the research show that the history of the right to privacy can be seen from the Dutch presence in Indonesia on July 25, 1893, through the decision of the King of the Netherlands No.36 and the Criminal Code through Koninklijk Besluit No.33 (Stbl.1915 No.732), constitutionally a right This was recognized after the second amendment to the 1945 Constitution. Later, a new historical milestone was recorded on October 17, 2024, in the sector of cyber security and privacy regulations, specifically in Indonesia, because of establishing the Law PDP. After the PDP Law comes into effect, advocates are considered Personal Data Controllers. They have obligations as mandated by the PDP Law and carry out the obligations regulated by the Advocate Law. Therefore, advocates can be held responsible if client data is leaked in their documents by referring to the principle of responsibility for mistakes and absolute commitment.
British Government Policy in Managing Refugee Problems After the British Exit in 2020: A Review from International Law Agistya Mahendra, Farhani; Wismaningsih; Maman Suherman, Ade
Jurnal Hukum In Concreto Vol. 4 No. 1 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 1 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i1.1793

Abstract

The United Kingdom's withdrawal from the European Union on February 1, 2020, through Brexit (British Exit) has had significant implications for the country's refugee policies. Before Brexit, the UK's refugee policies were subject to the Dublin Convention established by the European Union, which regulated the distribution quota of refugees among member states. This provision was considered detrimental to the UK due to the surge in the number of refugees it was required to accommodate. Post-Brexit, the UK implemented a new policy, the New Plan for Immigration, which has been criticized for being inconsistent with the 1951 Convention On the Status of Refugees. This study analyses the international legal framework concerning refugee protection and evaluates the UK's policies in handling refugees after Brexit. The research employs a juridical approach using historical, statutory, and comparative methods. The secondary data is collected through literature studies and analyzed qualitatively and descriptively. The findings indicate that international refugee protection is governed by the 1951 Convention and its 1967 Protocol, the 1948 Universal Declaration of Human Rights, and other regional legal instruments. Post-Brexit, the UK faces uncertainty in handling asylum seekers as it is no longer bound by the Dublin Convention or the Eurodac system of the European Union. No formal agreement has been established between the UK and the EU regarding asylum management, creating challenges in the UK's immigration policies.

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