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INDONESIA
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Published by Universitas Katolik Widya Karya Malang
ISSN : 29874866     EISSN : 29881668     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 194 Documents
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Penegakan Hukum Tindak Pidana Pemalsuan Surat Tanah oleh Penyidik Ditreskrimum Polda Maluku Utara Fahrian Nurhidayat; Hervina Puspitosari
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i1.1963

Abstract

The crime of falsifying land certificates is an unlawful act that intends to take over the rights to land ownership from the victims. This land certificate forgery case is a rare or little case encountered by the General Criminal Investigation Directorate of the North Maluku Regional Police because so far the cases that have been entered are from reports of people who are victims of land certificate forgery. The purpose of this study is to know and analyze the form of law enforcement in the criminal act of land certificate forgery and also find out what are the obstacles experienced by police investigators of the Directorate of General Criminal Investigation of the North Maluku Regional Police when carrying out their duties as well as with efforts made by police officers, especially investigators to overcome obstacles in law enforcement of land certificate forgery crimes. The method used is in the form of an empirical juridical method with primary data sources that the author found through interviews with members as well as auxiliary investigators at the General Criminal Investigation Directorate of the North Maluku Regional Police along with secondary data. With data analysis methods in the form of qualitative analysis methods, where data obtained through collection methods such as interviews with resource persons and observation of reality in the field which will then be drawn conclusions. It should be noted that law enforcement in the crime of forgery of land certificates still has many obstacles such as loss of evidence, long summoning of witnesses, search and seizure permits and low legal error in the community.
Tinjauan Yuridis Penembakan Tentara Nasional Indonesia Dalam Keadaan Tidak Darurat Menurut Hukum Indonesia Irwan Triadi; Nurrachma Maharani
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i1.1964

Abstract

The military intervention carried out by the Indonesian National Army (TNI) in the conflict in Intan Jaya Regency, Papua, has raised serious concerns regarding compliance with legal standards and human rights (HAM). The actions of the Indonesian National Army (TNI) which resulted in the deaths of three Papuans raise doubts about respect for individual rights to life and security. In conflict situations, it is important to ensure that human rights, especially the right to life, are respected and protected. For example, in Law no. 34 of 2004 which regulates the use of weapons by the Indonesian National Army (TNI) in peaceful conditions, allows the use of weapons only with written permission from superiors and in the context of maintaining security and requested. In the context of this case, the shooting at the Sugapa Community Health Center did not have written permission from the Indonesian National Army (TNI) superiors, which is a serious violation of law. This violation raises questions about the accountability of security forces and the need for law enforcement in cases of gun shooting by members of the Indonesian National Army (TNI) outside of emergency situations. The situation in Papua creates ongoing challenges. Armed groups in the region often threaten national security and the safety of security forces. In the face of serious threats to state sovereignty, the government, and the Indonesian National Army (TNI) may feel forced to take decisive action. However, these actions must still comply with legal and human rights standards and ensure that human rights and the right to life of individuals are fully respected. This research is normative in nature with a focus on analysis of the legal framework that regulates the use of weapons by the Indonesian National Army (TNI). Normative research methods are used to state consistency and compliance with applicable regulations. Through this approach, the research aims to provide a legal perspective on erasure actions in Papua, as well as asking whether these steps are in accordance with applicable legal and human rights principles. It is hoped that the results of this research will provide a basis for recommending improvements to policies and actions that support law enforcement and human rights protection in the context of conflict in Papua
Ketiadaan Urgensi Wajib Militer Di Indonesia Yohana Sekar Pawening; Irwan Triadi
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Oktober : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v1i4.1995

Abstract

In the Constitution of the Republic of Indonesia article 30 paragraph (1) Every citizen is entitled and obliged to participate in the defence and security efforts of the state and paragraph (2) The defence and security efforts of the state are carried out through a universal people's defence and security system by the Indonesian National Army and the Indonesian National Police of the Republic of Indonesia as the main force, and the people as a supporting force. This relates to the development of state security and resilience efforts, one of which is the conscription efforts that have been implemented in several countries such as South Korea and Thailand. But military training in Indonesia is only given to the Indonesian National Army, which in essence is something that is directly related to the profession being undertaken. This study uses a descriptive research method which approaches by collecting literature data and analysed by the author. The results of this study confirm that currently Indonesia does not need conscription because it is not in a state of emergency or war for a long period of time so far.
Pertanggungjawaban Petani yang Melakukan Wanprestasi atas Perjanjian Simpan Pinjam pada KSP Kopdit Pintu Air Cabang Lembor Rustam Soewandi; Agustinus Hedewata; Orpa J. Nubatonis
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i1.2025

Abstract

The purpose of this research is to analyse the liability of farmers who make defaults on savings and loan agreements at KSP Kopdit Pintu Air Lembor branch. The type of research used by the author is Empirical Legal research, the type of data used in this research is qualitative data. The data used in the research based on the relevance of the source data, namely primary and secondary data. The results of this study are that the reasons for the default of farmers on savings and loan agreements at KSP Kopdit Pintu Air Lembor Branch as follows are reduced rice yields and crop failure. The existence of traditional events such as marriage, death and school parties. Income is divided due to financing the education of their children and financing sick families. Farmers borrow from local businesses and communities. Farmers are members of other cooperatives and make loans. Government programmes to improve irrigation have caused farmers not to plant rice. Liability for default by Farmers on savings and loan agreements, namely continuing to pay principal + interest + dues every month and Farmers can repay loans in the form of as much as the member or Farmer can pay or repay the loan and Farmers continue to pay monthly even though only to cover the interest.
Penegakan Hukum Terhadap Illegal Fishing dan Overfishing Sumberdaya Perikanan : (Dalam Aspek Pertahanan Negara) Nurwidya Kusma Wardhani; Irwan Triadi
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Oktober : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v1i4.2060

Abstract

This study aims to examine how law enforcement against illegal fishing and overfishing in the Indonesian ocean region is carried out by "Foreign Countries" such as Malaysia, Vietnam and other countries. We know that marine resources, in this case fisheries in Indonesia, are one form of the country's "defense" aspects. Indonesia's Exclusive Economic Zone or called ZEEI in the North Natuna Sea is an area that is often the case. For example, Indonesia there will be arrests of Vietnamese – flagged fishing vessels in early 2023 and until November 2018 the Indonesian Government had handled 134 illegal fishing cases and 41 of them had permanent legal force. Illegal fishing itself is often associated with large-scale fishing or overfishing thatresults in damage to the underwater ecosystem. Underwater ecosystems will become extinct if illegal fishing and overfishing cases are not seriously handled by the Government and Law Enforcement Officials. Foreign ships of illegal fishing and overfishing can be sanctioned in the form of violations of Law Number 31 of 2004 concerning Fisheries as amended by Law Number 45 of 2009 with the threat of a maximum prison sentence of 6 years and a maximum of Rp 20 billion rupiah. Also in the 1945 Constitution of the Republic of Indonesia mandates in article 27 paragraph (3) and article 30 paragraph (1) that state defense and security are the rights and obligations of each citizen to participate in the national defense and security effort and defending the country. The data collection method
Pandangan Hak Asasi Manusia Kebesasan Berpendapat di Media Sosial Hate Speech Alisya Ivanna Insyira; Risca Selfeny; Taufiqqurahman Syahuri
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Oktober : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v1i4.2063

Abstract

One of the main pillars of effective democracy is freedom of speech, which allows everyone to express their opinions and perspectives freely without fear of facing repressive actions or unjustified barriers. Everyone is entitled to the freedom of association, assembly, and speech, as stated in Article 28E (3) of the 1945 Constitution. The aim of this research is to study the legal aspects of the existence of hate speech on social media. This study examines the current legal framework governing freedom of speech and efforts to protect human rights in relation to racial harassment by reviewing existing legal regulations. The research method employed is literature review (bibliographical study). In legal research, the normative jurisprudence method is based on legal provisions such as human rights books' regulations, as well as information from research journals related to the research subject. Initial research findings suggest that hate speech is not a form of freedom of speech, and society should not respond to hate speech with more hateful speech. Instead, they can report hate speech content to the Ministry of Communication and Informatics for removal. The Information and Electronic Transactions Law (ITE Law) can serve as a resolution due to the existence of hate speech on social media by proving the occurrence of hate speech, whether it involves defamation or hate speech against Ethnicity, Religion, Race, or Inter-group relations. Keywords: HAM, ITE Law, Hate Speech
Perbandingan Sistem Hukum Civil Law jannah, nur; Syarifa Aini; Mhd.Ilham Hidayat Rastami; Sri Hadiningrum
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i1.2472

Abstract

 The third source of law referred to in the civil law system is jurisprudence. When argued that customary law applies to all members of society as a whole not directly, but through jurisprudence. However, the position of jurisprudence as legal sources in the civil law system have not long been accepted. This was caused by the view that rules of conduct, especially statutory rules, are aimed at to regulate the existing situation and avoid conflict, thus the rules made for matters after the law was enacted. Law in p This is a guideline regarding what can and cannot be done. The forms of legal sources in the formal sense in the Civil Law legal system are: Legislation, customs and jurisprudence. Countries Civil law adherents place the constitution at the highest level in the hierarchy of regulations Legislation  
Implementasi Penggunaan Artificial Intelligence Sebagai Alat Bantu Hukum Di Indonesia Dalam Menuju Society 5.0 Timotius Dwipangestu; Muhammad Shidqii Amirrul Bari; Bagus Sugara Putra Firlant Irawan; Faiz afzal mulyawan
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i1.2474

Abstract

Society 5.0 aims to make things easier by integrating virtual and physical spaces and incorporating artificial intelligence (hereafter referred to as AI). Therefore, the purpose of this research is to utilize AI as legal aid towards Society 5.0 in Indonesia. Artificial intelligence in the legal field helps many legal practitioners in conducting due diligence and investigations that are usually done by lawyers. AI can also analyze legal documents and find weaknesses and flaws in legal documents, usually contracts. This shows the huge potential of artificial intelligence. Therefore, there is nothing wrong with AI being used more widely in this country, becoming a legal tool to solve people's problems.
Pertanggungjawaban Pidana Anak Dalam Sistem Peradilan Pidana Anak Di Indonesia Kristianto Jansen Hengkengbala
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Oktober : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v1i4.2475

Abstract

The aim of this research is to explore how Law Number 11 of 2012 regulates the Juvenile Criminal Justice System and how juvenile criminal responsibility is regulated in the juvenile criminal justice system in Indonesia. By applying normative juridical research methods, it can be concluded as follows: 1. The Juvenile Criminal Justice System aims to achieve practical progress in efforts to optimally protect children, who are considered valuable assets for the future of the nation and state. Legal protection for children is defined as legal protection measures for various freedoms and human rights of children, as well as interests related to their welfare. 2. Criminal liability for minors who are involved in violating the law in accordance with the provisions regulated in the Criminal Code and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Children who are involved in criminal acts can still be held accountable, subject to criminal threats determined by the Criminal Code. The penalty for children is set at half the maximum penalty imposed on adults. It is important to note that life sentences and the death penalty are not applied to children in this context
Peran Pemerintah Daerah Dalam Pelaksanaan Tata Pemerintahan Yang Baik (Good Governance) Dalam Perspektif Hukum Lala Anggina Salsabila; Dina Pratiwi BR Tambun; Annisa Puspita Sari Batubara
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i1.2477

Abstract

This article aims to examine the role of regional government in implementing good governance from a legal perspective. The role of Regional Government in the Implementation of Good Governance from a Legal Perspective is a very relevant issue in the context of public administration and law in many countries. As society's demands for quality, transparent, accountable and fair public services become increasingly complex, the concept of good governance becomes very important. This research use desciptive qualitative approach. The data collection technique used is library study, which means reading and understanding the content of discussions and various types of culture from newspapers, tabloids, journals, physical books and ebooks. Good governance aspires to create a government with principles such as transparency (openness), accountability, participation, justice and independence, with the hope of achieving the greatest goals for the prosperity and progress of the people and the country.

Page 12 of 20 | Total Record : 194

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