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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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Perlindungan Hukum Anak Korban Eksploitasi Seksual Komersial Dalam Perspektif Convention on The Right Of The Child Afifah Ananda Putri; Evi Deliana; Zulwisman Zulwisman
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 2 (2023): April : 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.v1i2.704

Abstract

In an effort to create fulfillment of rights and special protection for children, the Convention On The Right Of The Child aims to encourage international cooperation among countries that have ratified the Convention On The Right Of The Child to improve a decent life for children, especially in developing countries. -developing countries and provide full protection for children to avoid crimes that can endanger their lives such as commercial sexual exploitation. The type of research used in this study is normative legal research, which is a type of legal research to find a rule of law, legal principles, or legal doctrines to answer the legal issues at hand. This research will describe to what extent the written positive laws are synchronous or in harmony with each other. Article 34 of the convention on the right of the child is the basis of international law regarding commercial sexual exploitation, in which it emphasizes that participating countries must strive to be able to provide protection to children, so as to avoid all forms of sexual exploitation, Indonesia as a country that has ratified the convention on the right of the child has attempted to develop national legal instruments to provide protection for children to avoid the dangers of sexual violence, but legal instruments have not been able to accommodate the dangers of commercial sexual exploitation of children, because there is still a lack of definition and cannot explain forms of commercial sexual exploitation in instruments existing laws.
Perlindungan Hukum Terhadap Tenaga Kerja Borongan Bangunan Atas Keterlambatan Pemberian Upah (Perumahan Tamansari 2) Hindun Siva Afriani; Muhamad Rizal; Sari Usih Natari
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): Juli : 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.v1i3.728

Abstract

Contract work in construction is one of the common forms of work performed in the construction industry. In contract work, workers are hired to complete construction projects within a specified timeframe and agreed-upon cost. However, there are often cases where contract workers experience delays or wage payment postponements. The research aims to analyze the legal protection for contract workers in the construction industry concerning delayed wage payments. In Indonesia, there are labor regulations that govern the rights and obligations of workers, including wage payments. If there is a delay in wage payment, workers have the right to file a lawsuit or report the violation to the authorities. This research adopts a qualitative research method, analyzing data and gathering information from various sources. Legal protection plays a crucial role in safeguarding workers. Some relevant legal roles include employment agreements, which enable workers to enter into contractual agreements with employers that protect their rights.
Bagian Mutlak ( Legitime Portie ) Ahli Waris Berbagai Golongan Menurut Hukum Perdata Dan Kompilasi Hukum Islam Siti Rahmah; Hamdan Khairul Mubarak; Muhammad Al Mansur
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): Juli : 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.v1i3.794

Abstract

In the Civil Code concerning civil inheritance law it is classified as one of the aspects of civil law which has the basic meaning contained therein, namely to regulate but there is no element of demand in this matter. Whatever the heir does to his property before he dies is his power, and that is part of the civil law that is regulatory. Inheritance law is the law that controls the locking of inheritance that is freed because the owner has died, and its effect on the person entitled to receive the inheritance. There are two ways to obtain inheritance, namely: based on statutory provisions or ab intestato wettelijk erfrecht, and appointed in a will or testamentair erfrecht). The problem is how to implement the absolute portion (legitime portie) of the heirs of various groups according to civil law laws. This paper uses library research methods in the form of books, scientific journals, magazines, and so on. legitieme fortie (absolute part) is part of the inheritance or inheritance which must be divided among the heirs in a straight line downwards and upwards, and regarding which part the heirs prevent from deciding something either in the form of a grant (gift) or in the form of a testamentary grant (Article 913 KHU civil). Asser Meyyers argues about inheritance law in the Netherlands page 148 explaining that the purpose of legimie portie is to avoid and protect the heir from the desire that arises for the heir to benefit other people.
PELAKSANAAN TUGAS DAN FUNGSI DINAS KESEHATAN KOTA KUPANG DALAM MENGAWASI KUALITAS DEPOT AIR ISI ULANG BERDASARKAN PERATURAN MENTRI KESEHATAN REPUBLIK INDONESIA NO 43 TAHUN 2014 TENTANG HIGIENE SANITASI DEPOT AIR MINUM Keleb William Jefferson Awang; Rafael R. Tupen; Hernimus Ratu Udju II
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): Juli : 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.v1i3.817

Abstract

The existence of Political Parties in the unitary State of the Republic of Indonesia (NKRI) cannot be separated from the climate of freedom that existed during the Dutch Colonial Government. Such freedom gives people space to form an organization, including Political Parties. In addition, the existence of Political Parties in the Unitary State of the Republic of Indonesia is also inseparable from the role of movements that aim to obtain freedom from the Dutch colonial government, also demanding independence. We can see this with the birth of the Parties before Independence. community’s need for drinking water that is of good quality and safe for consumption as well as in line with the development of free markets and competition in the business word, many business actors have set up refill drinking water depots which must comply wiht the Regulation of the Minister of Indonesia Number 43 of the Year 2014 concening Sanitation Hygiene of Drinking Water Depots. The purpose of this study was to determine the performance of the Kupang City Health Office in supervising the quality of refill drinking water depots and to find aut the factors that influencer the performance of the Kupang City Health Office. This research is empirical juridikal in nature, namely capturing the legal provisions that apply and what is happening in this case interviews to obtain an overview of data related to research problems. The sampling method used is purposive sampling, namely by choose informants who are considered knowledgeable and trustworthy to be data sources. The results of this study are the influence of tasks and functions of the health office in supervicing drinking water depots, seen from the large number of depots that do not have official business permits. The peformance of the kupang City Health Office in supervising the quality of refill drinking water depots is not good enough, and there is still a need for improvement in terms of productivity and also the need for member personnel to be equitablein monitoring activities.
TATA KELOLA TERINTEGRASI DALAM MEMINIMALISIR TINDAK PIDANA KORUPSI PADA IMPOR TANGKI OKSIGEN DI PERBATASAN ENTIKONG Alunaza, Hardi; Putri, Anggi; Ernianda, Annisa; Nur Shafitri, Desy
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): Juli : 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.v1i3.981

Abstract

Being geographically close to Malaysia made them into good political relations; the example was the Import of Oxygen Tanks during pandemic in 2020-2021. Trading is carried out specifically after the Import Agreement which was requested directly by the Governor of West Kalimantan. The Oxygen Import Agreement requires an integrated action between the institutions in order to minimize corruption. The research is elaborated through three main discussions, based on the Border Governing Theory and Sovereignty Concept on a qualitative approach and descriptive method. First, the Legal Basic for Border Management. Second, the Export-Import Process and Sectoral Cooperation through the Oxygen Tank import process. Third, the success of Integration Governance process to reduce the Corruption. The purpose of this study is to see the success in relation to minimizing corruption in the Export of Oxygen Tanks at the Entikong Border.
Perlindungan Hukum Tehadap Korban Kekerasan Psikologis Yang Dilakukan Oleh Istri Dalam Lingkup Rumah Tangga Windrawati I. Abuba; Fence M Wantu; Zamroni Abdussamad
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): Juli : 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.v1i3.992

Abstract

This research is made for; (1) to understand the factors that can underlie the occurrence of psychological violence perpetrated by wives in the household sphere and to find out (2) what forms of legal protection are provided for victims of psychological violence perpetrated by wives in the household sphere. The research used by the researchers namely using the type of empirical legal research. Through a statutory approach and a case approach that is actually based on the source of case analysis obtained through interviews, while the legal materials used are primary legal materials and secondary legal materials. Underlying the occurrence of psychological violence perpetrated by the wife within the scope of the household are internal factors as well as external factors. Internal factors consist of: Family factors that discriminate, in the form of physical humiliation and the victim's job so as to generate income that is only sufficient for the needs of the family but not with the wishes of the perpetrator, can encourage the perpetrator to commit the psychological violence. Whereas external factors consist of: Economic factors and social environment as for excessive acts of using social media. The form of legal protection for victims of psychological violence perpetrated by wives in the household sphere, namely the form of protection has been explained in Law Number 23 of 2004 concerning the Elimination of Domestic Violence, which has been explained in Article 7 regarding psychological violence which has been considered as According to research materials by the researchers, this article explains what is meant in Article 5 letter b, namely behavior that results in fear, loss of self-confidence, loss of ability to act, feeling of helplessness, and/or severe psychological suffering to a person.
Evaluasi Program Penanggulangan Gizi Buruk Pada Balita di Dinas Kesehatan, Pengendalian Penduduk dan Keluarga Berencana Kota Tanjungpinang Delfi Heni Susanti; Rumzi Samin; Okparizan Okparizan
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): Juli : 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.v1i3.1012

Abstract

Nutritional problems in infants and toddlers are still a major problem in community administration, one of which is the problem of malnutrition. Tanjungpinang City still finds cases of toddlers with malnutrition disorders, among others, malnutrition, undernutrition and stunting. cases of malnutrition in Tanjungpinang City have increased over the past three years. In 2020 there were 97 toddlers, in 2021 there were 121 toddlers and in 2022 it rose to 245 toddlers. The purpose of this study is to Evaluate the Poor Nutrition Management Program in Toddlers at the Tanjungpinang City Health Office. Researchers use a qualitative descriptive approach. The results of the program evaluation show how the achievement of the implementation of the malnutrition mitigation program carried out by the Tanjungpinang City Health Office. The context indicator explains the background of the program and the strategy carried out by the Health Office has run optimally to achieve program goals. Furthermore, input indicators still require complete human resources and infrastructure so that malnutrition management programs can run effectively. Then, the HR process indicators in this program have been running through coordination so that activities can run regularly but there are still some things that need to be considered in increasing participation and knowledge about parenting. Furthermore, product indicators are evaluated in running the program, but there are still some negative sides that still think that handling nutritional problems is a health task. The conclusion of the evaluation of the malnutrition mitigation program by the Tanjungpinang Health Office is that the malnutrition program is effective enough but has not been optimally implemented. Suggestions as an improvement effort are to increase community understanding of the program, strive for the fulfillment of additional feeding for all toddlers, fulfill program training, add officers and improve training.
Tinjauan Hukum Pembagian Harta Waris Kepada Anak Angkat Tanpa Melihat Kedudukan Ahli Waris Utama Dwi Kasih Maharani Taib; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): Juli : 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.v1i3.1018

Abstract

The aim of this research is to find out the juridical review and legal consequences for the distribution of inheritance to adopted children regardless of the position of the main heir. The method used is empirical juridical research with primary data obtained in the field and secondary data through literature studies and related regulations. The results of this study indicate that based on article 171 letter (c) KHI who becomes an heir must have a blood relationship with the heir, not being hindered by law to become an heir and article 209 paragraph (2) KHI for adopted children who do not receive a will is given a mandatory will 1/3 of the heir's inheritance. However, the facts on the ground are not in accordance with the provisions above, in fact the heir gives more inheritance to the adopted child than the main heir on the grounds that groups 2, 3, and 4 do not object, then the second heir states that the adopted child is older than his biological child. This reduces and closes the share of legal heirs. In adopting a child, it is done in the best interest of the child based on local customs and applicable laws and regulations. This fulfills the elements of article 39 paragraph (1) and article 171 letter (h) KHI. There are three legal consequences of the distribution of inheritance to adopted children, namely: 1) The distribution of inheritance has not been fulfilled in Article 209 paragraph (2) KHI 2) The rights and obligations have been fulfilled for adopted children according to Article 171 letter (h) KHI. However, the adopted child is constrained in terms of legitieme portie cannot sue the position of the main heir 3) Lineage relations, the adoptive parents have severed the lineage relationship of the adopted child with his biological parents where he uses the surname of his adoptive father. This contradicts QS-Al Ahzab: 4 and 5 and does not fulfill article 39 paragraph (2).
Akibat Hukum Yang Timbul Terhdap Tanah Yang Sudah Di Hibahkan Kemudian Di Jual Kembali Rizal Bobihu; Weny Almoravid Dungga; Mohamad Taufiq Zulfikar Sarson
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): Juli : 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.v1i3.1023

Abstract

Land is very beneficial for human life and is a gift from God Almighty. Human life and land are closely intertwined. Humans need a piece of land not only to survive but also to die. As a result, land scarcity is increasingly appearing, even though the need for land is increasing. For human existence, land is an essential component. This is due to population growth which increases every year in direct proportion to the need for land. A number of strategies are used by the community to manage, own, and even trigger land conflicts. This shows that land also has rights, has social purposes, and that the public interest overrides private interests in its use. All land rights have social uses, according to Article 6 of Law Number 5 of 1960 concerning Basic Agricultural Regulations or UUPA. A grant is the gift of an item to someone where the giver is still alive. This study aims to determine the legal status of land that has been donated and then resold and what are the legal consequences arising from the land that has been granted and then resold, in Putiana Village, Orchid District, North Gorontalo Regency in a review of Law Number 5 of 1960. Based on the results of the research it is understood that the withdrawal of gift items according to the Civil Code is regulated in article 1688 which reads that a grant cannot be revoked and therefore cannot be revoked, except in 3 cases, namely if the grantee's conditions are not fulfilled by the recipient of the grant, if the person the person who was given the grant is guilty of committing or participating in an attempt to kill or some other crime against the donor himself, and if the grantor falls into poverty while the one who was given the gift refuses to provide for him. If the recipient of the grant refuses to provide a living or allowance to the grantor, after that the grantor falls into poverty. With the withdrawal or elimination of this gift, all kinds of items that have been donated must be returned to the grantor in a clean condition of the burdens attached to the item. The legal consequence of the decision to cancel a grant that has permanent legal force is that the object of the dispute, namely land, will return to the grantor and their rights. If the object of the dispute has been certified on behalf of the recipient of the grant, then with this decision the certificate becomes null and void.
Implementasi Kebijakan Sistem Zonasi Penerimaan Peserta Didik Baru (PPDB) Pada Tingkat SMP Negeri Di Kabupaten Karimun Rena Marshella; Rumzi Samin; Okparizan Okparizan
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): Juli : 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.v1i3.1030

Abstract

The purpose of this study is to find out and describe the Implementation of the Zoning System Policy for New Student Admissions (PPDB) at the Junior High School Level in Karimun Regency, especially at SMP Negeri 1 Karimun and SMP Negeri 4 One Cliif Roof. This study uses a qualitative descriptive method with primary and secondary data sources. The theory used in this study is the Van Metre Van Horn Theory with six indicators: policy measures or objectives, resources, implementing characteristics, attitudes/dispositions, inter-organisational communication, social environment, economy, and politics. The study's findings are as follows: (1) the size and objectives of the zoning system policy at SMP Negeri 1 Karimun and SMP Negeri 4 Satu Atap Tebing have been operating in accordance with the established regulations even though the standards of success are not appropriate. (2) HR has already established quantity and quality but there are still facilities such as classrooms that are damaged. (3) the executors comprehend and perform their duties in accordance with the rules in a strict and disciplined manner; and (4) there are still pros and cons from the community, so far the executors have been very elpful in implementing the zoning system. (5) There has been inter-organizational communication; nevertheless, posters and socialisation have not all been dispersed equally. 6) From a societal standpoint, the general populace still doesn't understand computers. It has been operating in accordance with its objectives from an economic and political standpoint. The study's findings indicate that the PPDB zoning system has been implemented at SMP Negeri 1 Karimun and SMP Negeri 4 One Cliif Roof Tebing in accordance with Permendikbud Regulation Number 1 of 2021 and the technical guidelines established by the Regent of Karimun Regency prior to the start of new student admissions.

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