Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
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.
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194 Documents
<![CDATA[Kontroversi Masyarakat Mengenai Undang-Undang Cipta Kerja (Omnibus Law) ]]>
<![CDATA[Iren Br Bangun]]>;
<![CDATA[Thereza Dwi Ningrum Siburian]]>;
<![CDATA[Indah Puja Claudia Damanik]]>;
<![CDATA[Daniel R Sihite]]>;
<![CDATA[Zoan Gaharu Perangin-angin]]>;
<![CDATA[Ramsul Nababan]]>;
<![CDATA[Maulana Ibrahim]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i1.1922
<![CDATA[The purpose of writing this journal is to find out more deeply how the public responds to the passing of the Job Creation Law. The method used is descriptive qualitative by explaining and describing existing conditions. Data collection techniques use literature studies by collecting secondary data taken from journals or previous research. The result of the discussion is that there are many people who do not agree with it because they consider that there are several articles that are problematic and controversial. The pro party is the government because this Omnibus Law exists because of the complexity that arises, namely about kining, taxation, land acquisition and other aspects related to investment.]]>
<![CDATA[Pelanggaran Kode Etik Advokat Pada Kasus Konten Asusila Hotman Paris ]]>
<![CDATA[Muhammad Aryo Dwinanda Mukti]]>;
<![CDATA[Kayus Kayowouan Lewoleba]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i1.1935
<![CDATA[The advocate's code of ethics also binds advocates to behave to maintain the dignity and good name of their profession. Violations of the code of ethics by well-known advocates such as Hotman Paris are a clear example that violations of professional ethics can harm the good name of the advocacy profession as a whole. This research uses normative juridical research methods with literature study. This research uses a case approach, namely cases of violations of the code of ethics committed by Hotman Paris. The results of the research show that even though they are free and independent law enforcers, advocates are still bound by the advocate's code of ethics which sets ethical and moral standards in carrying out their profession. The heavy disciplinary sanctions received by Hotman Paris reflect the seriousness of this violation of the ethical norms of the advocate profession. Even though Hotman Paris left the Indonesian Advocates Association, disciplinary sanctions remain in effect because they are related to violations of the advocate's code of ethics involving the Supreme Court.]]>
<![CDATA[Asas Pemaafan Hakim dalam Pembaharuan Hukum Pidana di Indonesia ]]>
<![CDATA[Muh. Iksan Putra Kai]]>;
<![CDATA[Dian Ekawaty Ismail]]>;
<![CDATA[Suwitno Yutye Imran]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i1.1936
<![CDATA[This research aims to find out what the judge's forgiveness policy (rechterlijk pardon) is in the New Criminal Code, to find out how the rechterlijk pardon formulation in the Dutch Criminal Code compares and to find out what the challenges of rechterlijk pardon (judge's forgiveness) will be in the future. The research method used is juridical-normative with a statutory approach and a case approach. The research results show that Rechterlijk Pardon puts a different concept in giving space to judges in handing down guilty decisions without criminal penalties. Before being ratified, the principle of judge forgiveness was already used in several countries, for example the Netherlands. Even judges in Indonesia have made several decisions that contain the value of the judge's forgiveness. In connection with the analysis of Rechterlijk Pardon's challenges, it is viewed from the perspective of law enforcement and legal culture in society.]]>
<![CDATA[Tinjauan Hukum Islam Pada Cerai Talak Terhadap Pernikahan dengan Mahar Tidak Tunai ]]>
<![CDATA[Rizki Zul Akhiriah Hasibuan]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i1.1939
<![CDATA[The purpose of this research is to find out: (1) the legal consequences of talak divorce on marriages with non-cash dowry, (2) to find out the legal status of the husband's unpaid dowry debt after talak divorce. The type of research used in this research is qualitative research. In this qualitative method, research is carried out directly in the field or at the research location. The research approach used in this research is in the form of a library study (Library Research). Based on the results of the research and discussion in this study, it can be concluded that: For a husband who divorces his wife even though he has not had sexual relations with her, he only has the obligation to pay half of the dowry amount that has been determined before the marriage contract is carried out. However, a husband who has had sex with his wife and then divorces or des not divorce, still has the obligation to pay all the dowry that has been determined by the prospective husband. Meanwhile, for a husband who dies, according to the opinion of most Islamic law experts, it is still obligatory to pay the specified dowry even though during his lifetime he never had sexual intercourse with her (dukhul). Paying debts in Islam is obligatory and you cannot delay paying off all your debts. Likewise, the dowry law must be paid by the prospective husband to the prospective wife at the time of the marriage contract, but if the dowry is postponed then it is still permissible as long as the time for repayment is clear. Paying dowry debts according to the Compilation of Islamic Law is permissible to be owed and may also be deferred if the bride-to-be is happy and gives permission if the dowry is deferred. In this case, the dowry is still owed in the event of separation (divorce), a husband's obligation is to pay the dowry from the assets owned by a husband during the marriage and the dowry owed can be settled after the divorce occurs.]]>
<![CDATA[Kebijakan Hukum Dalam Mengoptimalkan Pendapatan Asli Daerah di Kota Pekanbaru ]]>
<![CDATA[Lusma Silitonga]]>;
<![CDATA[Ruhly Kesuma]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i1.1945
<![CDATA[This scientific work assignment discusses legal policies in optimizing local original income in the city of Pekanbaru. This research aims to explore an in-depth understanding of the role of legal policy in increasing local revenue in the region. In this study, an analysis of the applicable rules and regulations and their impact on potential regional financial revenues was carried out. The research methodology used includes document analysis, interviews, and comparative studies with similar cities. The results of this research can provide a clearer view of the importance of legal policy in supporting regional economic growth and provide recommendations for further improvement. It is hoped that this research will be an important contribution to the practical and academic understanding of this issue in the Pekanbaru city.]]>
<![CDATA[Perbandingan Sistem Hukum Indonesia Dengan Sistem Hukum Barat ]]>
<![CDATA[Tri Mei Rosalya Purba]]>;
<![CDATA[Sri Hadiningrum]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i1.1946
<![CDATA[Comparative law as a science in the Western world is a very young branch of science, only growing rapidly at the end of the 19th century or at the beginning of the 20th century. Previously, efforts had been made to compare several systems with each other, but at that time It cannot be said that research has been carried out using a comparative method carried out systematically and continuously with the aim of achieving a certain goal. The method used is library research, collecting data by searching for sources and constructing them from various sources such as books, journals and existing research. In its development, this legal system recognized the division of public law and private law. Public law includes legal regulations that regulate the power and authority of the ruler/state as well as the relationships between society and the state (the same as public law in the Anglo-Saxon legal system). Private Law includes legal regulations that regulate relationships between individuals in meeting their daily needs. The values of the western legal system are not in accordance with the noble values of the Indonesian nation, resulting in a gap between the law and the Indonesian society it regulates. The customary law system has its values in certain indigenous communities, can only be believed and practiced by indigenous communities, and cannot be ratified as national law, and the Islamic legal system's values are believed and practiced by the majority of Indonesian people nationally.]]>
<![CDATA[Konsep Inseminasi Buatan pada Manusia dalam Perspektif Maqashid Syariah ]]>
<![CDATA[Jelita Erlinda Nasution]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i1.1949
<![CDATA[This research aims to determine the review of Islamic law regarding artificial insemination in humans. And to find out the maqashid of sharia on artificial insemination in humans. This research was carried out using library research and paying attention to the field (Field Research). Literature study is a process of searching for various literature, study results related to the research to be conducted. Literature study can be likened to a key that will open everything that can help solve research problems. The results of the research show that artificial insemination in humans in terms of Islamic law is (1) sperm cells and ovum from the husband and wife themselves, and the embryos are not transferred into the womb of another woman (entrusted mother), if the condition of the husband and wife concerned really requires it and (2) artificial insemination or IVF with sperm and/or ovum donors brings more harm than good. The problem is that it can help married couples where both or one of them is infertile or there are natural obstacles in the husband and/or wife that prevent sperm cells from meeting with egg cells. Yusuf Qaradawi said that if sperm comes from another man, whether known or unknown, then this is forbidden. Likewise, if the egg cells come from another woman, or the egg cells belong to the wife, but the uterus belongs to another woman, this is not allowed. Sheikh Mamud Syaltut said that artificial insemination uses the sperm of another man (not her husband). The law is the same as adultery and children born as a result of this kind of insemination have the same status as children born outside of a valid marriage. The Maqashid of Sharia on artificial insemination in humans is hifdzun nasab (protecting the succession of descendants) because children are included in the requirements of doruriyat in marriage. although human insemination (IVF) does carry some risks of death and post-natal disorders. Artificial insemination in humans with sperm and ovum donors will bring more harm (negative impacts) than benefits (positive impacts). Among the benefits is helping husband and wife who are infertile, either both or one of them, to have offspring or who experience problems with normal fertilization.]]>
<![CDATA[Konsep Penampilan Diri dalam Menjaga Keutuhan Rumah Tangga Perspektif Hukum Islam ]]>
<![CDATA[Misri Kholidah Nasution]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i1.1950
<![CDATA[The purpose of this research is to determine: (1) The influence of personal appearance on household integrity, (2) The concept of improving appearance in maintaining household integrity from an Islamic legal perspective. The type of research used in this research is qualitative research. In this qualitative method, research is carried out directly in the field or at the research location. The research approach used in this research is in the form of a library study (Library Research). Based on the research results and discussion in this research, it can be concluded that: The influence of personal appearance on the integrity of the household in order to maintain good relationships and relationships between husband and wife, in addition to having good morals. good and wise behavior, maintaining one's appearance also has a significant impact in maintaining the husband-wife relationship. Therefore, it is often recommended that wives look attractive by wearing nice clothes, quality cosmetics and perfume when in front of their husbands. The concept of improving appearance in maintaining the integrity of the household from an Islamic legal perspective is divided into two, namely: (a) Improving appearance which is permissible and this is only limited to in front of the husband or only for the husband, including: wearing perfume, wearing eyeliner, and using eye lenses or contact lenses, ( b) Improving your appearance, which is absolutely haram for reasons for your husband or to increase your personal beauty, is shaving your eyebrows or embroidering your eyebrows and attaching your hair.]]>
<![CDATA[Pemberian Dispensasi Kawin Dibawah Umur Oleh Hakim Pasca Perubahan Undang-Undang Perkawinan ]]>
<![CDATA[Muh Nizar Zulmi]]>;
<![CDATA[Nur Mohamad Kasim]]>;
<![CDATA[Dolot Alhasni Bakung]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i1.1952
<![CDATA[The granting of marriage dispensation by judges experienced a discourse from the age of marriage, which originally occurred because of the age difference between men and women, which caused family conditions that were not solid, with the younger age of women causing marriage to look more discriminating against women in the purpose of marriage. Then it changed to a regulation that equalized the age limit for marriage for both men and women. In the treatment of deviations from the rules of marriage age, it is also emphasized that there is equal treatment. However, this cannot limit the judges' ability to render judgments. The examination of marriage dispensation must be carried out thoroughly, so the focus of this study is on how the dynamics present in each decision by judges need to be analyzed. The research method is a study of normative law related to the provisions of the marriage dispensation. The analysis is carried out with the theory of judicial power, which includes legal justice, legal certainty, and legal expediency. The results showed that every judge's decision is affected by the disparity of the judgment on the granting of marriage dispensation when the judge does not examine all the offenses of the application for dispensation in the search for the application for dispensation, which becomes the basis for the judge to consider the decision. So that stigma for urgent reasons does not become unclear and clear. Therefore, every trial must systematically follow the judicial process in order to realize the purpose of marriage ]]>
<![CDATA[Tinjauan Yuridis Surat Edaran Mahkamah Agung Nomor 07 Tahun 2014 Ditinjau dari Putusan Mahkamah Konstitusi Nomor 34/Puu-Xi/2013 ]]>
<![CDATA[Christoper Adrianto]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i1.1960
<![CDATA[The Indonesian Constitutional Court in its judicial review of the Criminal Procedure Code No. 34/PUU-XI/2013 stated that Article 268 paragraph (3) regarding the limit on filing for judicial review of criminal cases is contrary to the 1945 Constitution and has no binding legal force. The Supreme Court responded to the decision by issuing Supreme Court Circular Letter No. 07/2014 which continues to limit judicial review to only one time based on the Judicial Power Act and the Supreme Court Act. Departing from regulatory dualism, this paper formulates the problem of the legal products issued by the Supreme Court and the Constitutional Court in terms of material testing of Law Number 8 of 1981 concerning the Criminal Procedure Code. This study uses normative legal research methods through a review of literature sources. Through Gustav Radbruch's Legal Theory, this study found that first, the position of the SEMA was issued even though it was in accordance with existing laws and regulations, but this decision was contrary to Gustav Radbruch's Legal Theory. Second, the legal consequences after the Constitutional Court Decision. The Supreme Court through SEMA that limits the filing of judicial review to one time is legally flawed both in terms of substance and formal formation because it contradicts the Constitutional Court Decision.]]>
