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INDONESIA
Deposisi: Jurnal Publikasi Ilmu Hukum
Published by Universitas Katolik Widya Karya Malang
ISSN : 29875188     EISSN : 29874211     DOI : 10.59581
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 220 Documents
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Kajian Kriminologi Terhadap Pelaku Peredaran Rokok Non Cukai Di Luar Kawasan Perdagangan Bebas Tanjungpinang Tito Hardinata; Deric Ninelee Oktapi; Dewi Haryanti
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3758

Abstract

That the purpose of this research is to find out about the concept of criminology in the circulation of non-tax cigarettes in Non-Free Trade Areas (outside the Area) as well as to know how the role of the government in minimizing the problem. That this article uses the method of juridic research normative and makes an approach to the law. The sources of data used for this research to be valid are laws, books, journal articles, as well as web pages with similar topics in this article about non-tax cigarettes. The results of this study can be concluded that the criminology of non-tax cigarette trafficking perpetrators is divided into three main parts: criminal biology, which is the reason for the perpetrator, criminal sociology that is the background of circularity that can be the driving force of the non-tariff cigarette traffic and criminal policy that is an action that gives the effect that no other perpetrates follow the traffic and the role of the government in minimizing the circulation of cigarettes is by carrying out both direct and indirect surveillance. In addition, the government can also socialize to the public about tax obligations.
Fungsi Badan Pertanahan Dalam Pendaftaran Hak Milik Atas Tanah di Kabupaten Sikka Adriana Rosalindra Kondi; Saryono Yohanes; Yoh G. Tuba Helan
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3764

Abstract

The human need for land from day to day continues to increase, in line with the rapid development in all fields carried out. This is the basis for the importance of registering land with the National Land Agency. Which is the formulation of the problem (What is the function of the land agency in realizing the land registration program in Sikka Regency? (2) What are the inhibiting factors faced by the Land Agency in the implementation of complete systematic land registration in Sikka Regency?. The methods in this study are (1) Normative research, namely research whose data is taken from laws and regulations, (2) Empirical research, namely how the law works in society. The results of the study show that the Land Agency has an important role in ensuring legal certainty over land ownership through a systematic registration process. The function obtained by the Sikka Regency Land Office is to carry out the determination of land ownership and land registration based on the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 17 of 2020 concerning the Organization and Work Procedures of the Regional Office of the National Land Agency and the Land Office. However, there are several obstacles faced, including lack of human resources, unclear land ownership status, expensive registration fees, lack of public understanding. The author's conclusions: (1) The National Land Agency in realizing PTSL in Sikka Regency has carried out its function in determining land rights and land registration in accordance with the MINISTERIAL REGULATION ATR/BPN No. 17 of 2020. (2) Inhibiting factors include the lack of human resources in the Sikka Regency Land Office, the implementation of measurements of many people who put up land boundary signs that are not massive, and the lack of community mindset towards the importance of taking care of the issuance of land certificates. The suggestions: (1) For the Sikka Regency Land Office, it is hoped that complete systematic land registration activities in Sikka Regency are carried out in accordance with applicable regulations and determined targets so that legal certainty and land ownership can be realized properly. (2) For the National Land Agency of Sikka Regency, Sikka Regency should often conduct socialization regarding the management of land certificates and also coordinate with the local government.
Asas-Asas Umum Pemerintahan yang Baik Sebagai Dasar Pejabat Pemerintah Untuk Melakukan Diskresi Aprilian Nurahsan Ismail; Taufiqurrohman Syahuri
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3772

Abstract

This study examines the concept of Freies Ermessen in government policy and how the principles of General Principles of Good Governance (GPGG) are used to establish the basis for discretionary actions. Freies Ermessen grants government officials the freedom to act without being entirely bound by law, primarily aiming to enhance public welfare. However, within the framework of a legal state, the use of discretion must meet GPGG elements such as public service objectives, active state administration actions, law-permitted actions, self-initiative, addressing urgent issues, and moral and legal accountability. This research employs normative legal methods to examine the internal aspects of positive law, focusing on how GPGG can be used as a concrete basis for public officials in exercising discretion. GPGG serves as a guideline for the government to ensure their actions align with legal purposes and avoid abuse of power. These principles also assist citizens in seeking justice and provide a basis for judges in reviewing administrative decisions. The study highlights the significance of shifting GPGG from unwritten to written law, as stipulated in Law Number 30 of 2014 on Government Administration, to facilitate officials in using these principles as guidelines. The implementation of discretion regulated by this law aims to streamline government administration, fill legal gaps, provide legal certainty, and overcome government stagnation for public benefit and interest.
Implementasi Peran Bhineka Tunggal Ika Sebagai Pemersatu Bangsa Dan Juga Identitas Suatu Bangsa Indonesia Alfandy Firmansyah
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3793

Abstract

Indonesia is a country that is very famous for its friendly people and diverse culture. Indonesia has a motto which can no longer only be interpreted as values ​​that must be conveyed but rather its implementation. One of them is Bhineka Single Ika which is a motto which has an important role for the Indonesian people as a reference for good society in everyday life. The realization of the Indonesian nation's unity and integrity also rests on Bhinneka Tunggal Ika. This is because the nation of Indonesia requires infrastructure that can bring its diverse population together; in the absence of Bhinneka Tunggal Ika, there will probably be a great deal of strife because of this diversity. Based on research results, the values ​​that are interrelated between Bhinneka Tunggal Ika and religious moderation are togetherness, justice, mutual respect and harmony. Researchers also found several findings and discussions in this research, namely the role of Bhinneka Tunggal Ika as the unifier of the Indonesian nation and also the role of Bhineka Tunggal Ika as the identity of the Indonesian nation. From these roles, it can be concluded that the various roles contained in Ika's motto of unity in diversity as an entity to strengthen pluralism in Indonesia, especially in social life.
Meningkatan Efektivitas Lembaga Pemasyarakatan sebagai Bagian dari Penegakan Hukum di Indonesia Fikri Daparhan; Frendy Aguery Misbahuddin; Mahananda Arya Yuda; Muhammad Rizky Perdana; Rahma Fitri
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3800

Abstract

This study is entitled Improving the Effectiveness of Correctional Institutions as Part of Law Enforcement in Indonesia. The Correctional Institutions or Lapas, is an institution that is part of law enforcement in Indonesia. The purpose of the construction of the prisoner in Lapas is to ensure that the prisoners who have been released from prison remain accepted by the community and can continue to find employment. As a final part of the Criminal Justice System, the efficiency of Lapas functions and duties as a law enforcement agency is essential. The aim of this study is to further analyse the effectiveness of Lapas as part of law enforcement in Indonesia as well as attempts to enhance it if seen from existing facts. In this study, the method of writing normative or doctrinal jurisprudence with the study of library law is to study library materials such as reading and examining scientific books, e-journals of law, regulations of legislation, and various kinds of literature that have relevance to the subject and object of this research.
Tinjauan Yuridis Pinjaman Online Dalam Layanan Financial Technology di Indonesia Nurrachma Maharani; Anatasia Lamminar; Pujia Khoirunisa; Andriyanto Adhi Nugroho
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3825

Abstract

Peer to peer lending or online loans are online money lending services commonly known as financial technology, which currently generally take the form of applications. Online loans really help people who need fast and easy funds for both consumptive and productive purposes. This service is increasingly mushrooming in Indonesia due to interest from the community itself, resulting in the emergence of illegal online loan apllications which have a detrimental impact on consumers. The normative juridical method used in this research is conducting a literature study on secondary data. The research results show legal protection and the level of effectiveness of supervision for consumers who are harmed by illegal online loan applications.
Eksistensi Etika Politik Islam dalam Pemerintahan Nurul Azisah Syahrani Haris; Andi Muh Reza Caecar Arfan; Andi Muhammad Aflah; Kurniati Kurniati
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3829

Abstract

Ethics is a field of philosophy that discusses the moral principles that govern humanbehavior, while politics deals with decision-making and the management of power in society. In Islam, political ethics is a concept that regulates human relationships in the political world.Islamic political ethics consists of a collection of moral values and principles that should guide everyone involved in political activities, both as citizens and leaders. Islamic political ethics has a strong relevance in the context of politics and governance. The moral values in Islam can serve as guidelines for leaders and citizens in building a better society. Despite the challenges faced, ongoing efforts to implement Islamic political ethics are considered essential in building an ideal and ethical government. It is important to build a just, prosperous, and moral society through the application of Islamic political ethics, which includes principles such as justice,equality, democracy, deliberation, freedom, and respect for the rights of others. In addition, this journal reviews the methods Ali Shari'ati used to make his assertions about the importance of Islam as a basic political ethic. A just, moral, and prosperous government can be achieved through the application of Islamic political ethics. Political ethics is not a convoluted system, but rather a number of noble values that are in line with the principles of Islam.
Analisis Pengakuan Negara dan Perlindungan Hak Asasi Manusia Terhadap Individu Transgender di Indonesia Omar Reyhan
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3846

Abstract

Transgenders are a minority group in society who are vulnerable to discrimination. This research aims to analyze whether the state's recognition and protection arrangements for transgender individuals in Indonesia are in accordance with human rights principles, and also to analyze how the ideal legal construction for transgender individuals is in accordance with human rights principles. In this research, the research method used is normative legal research with a conceptual and comparative approach. The results of the research obtained are that in general Indonesia has regulated the protection of human rights for Indonesian people in accordance with human rights principles. However, in this case the legal culture of Indonesian society is one of the factors why discrimination against transgender individuals still often occurs. So it is necessary to establish an ideal legal construction that is expected to be beneficial for all parties, in this context beneficial for society in general and transgender individuals in particular. An understanding of the principles of balanced human rights is needed to maintain stability in society. An in-depth study of transgender is also needed to understand and to be able to provide effective solutions in handling the transgender phenomenon in Indonesia.
Upaya Perlindungan Hukum Terhadap Korban Kekerasan dalam Rumah Tangga Khususnya Perempuan dalam Perspektif HAM Ridho Tri Septiawan; Indah Satria
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3874

Abstract

Human rights are inherent to the essence and existence of humans as creatures of God Almighty, and they are gifts that must be respected, upheld, and protected by the state, law, government, and every individual for the dignity and protection of human beings. Domestic violence (KDRT) is a violation of human rights, a crime against human dignity, and a form of discrimination that must be eliminated.The focus is on the legal protection efforts for women victims of domestic violence and the prevention and mitigation efforts against violence towards women. In conclusion, to improve this situation, integrating restitution into the criminal justice system is a solution to be considered. Therefore, while the PKDRT marks a significant step in legal protection for victims of domestic violence, integrating restitution and increasing awareness and commitment from all involved parties are crucial to ensuring better protection and justice for victims of domestic violence in Indonesia. Thus, to enhance the effectiveness of handling violence against women, good coordination among various institutions and disciplines is needed, along with strong commitment from society, law enforcement agencies, and the government to take necessary actions to create a safe and just environment for women. Recommendations for discussion include legal education and awareness, integrated protection, strengthening of medical evidence, socialization and funding, effective criminal prioritization, and restitution as an alternative. The formation of an integrated committee, strengthening gender-sensitive legal systems, education and attitude change in society, establishment of crisis centers or shelters, firm repressive actions, and integration of anti-violence norms are also suggested.
Implementasi Peraturan Derah Kabupaten Karanganyar Nomor 4 Tahun 2021 Tentang Penyelenggaraan Perlindungan Anak Dalam Rangka Menjamin Dan Melindungi Hak Anak di Kabupaten Karanganyar Gillbrain Gillbrain; Sunny Ummul Firdaus
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3882

Abstract

This research aims to understand and analyze the implementation of a Regional Regulation related to the Organization of Child Protection in Karanganyar Regency and the factors that hinder the Organization of Child Protection in Karanganyar Regency. The type of research used is empirical research. The nature of this research is descriptive with an approach based on data obtained from a source or focused interview and a legislative approach or statute approach. The type of data used includes primary and secondary legal materials. The data collection techniques used in this research include surveys through document study methods, interviews, and observations. Primary data is collected by studying related legislation and regulations as legal materials and conducting observations and interviews with sources as research objects, while secondary data is collected through literature studies of scientific books, law journals, theses, dissertations, legal articles, and legal materials relevant to this legal research. The results of the research show that the implementation of a Regional Regulation related to the Organization of Child Protection serves as legal protection that acts as a guarantee to provide justice and legal certainty for children, especially in protecting children's rights. The obstacles in the Organization of Child Protection in Karanganyar Regency are due to the handling being based on community reports and the lack of education, understanding, and knowledge of the community regarding Karanganyar Regency Regional Regulation Number 4 of 2021 on the Organization of Child Protection, which is caused by limited funds for its implementation.

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