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Birokrasi: Jurnal Ilmu Hukum dan Tata Negara
Published by Sekolah Tinggi Ilmu Administrasi Yappi Makassar
ISSN : 29878624     EISSN : 29878632     DOI : 10.55606
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 202 Documents
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Pelindungan Hak Asasi Manusia Minimal Terhadap Negara dalam Keadaan Darurat: (Minimum Human Rights Protection Of The State In Emergencies) Irwan Triadi; Aldy Mirozul
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1600

Abstract

This research aims to analyze the protection of human rights at a minimum in the implementation of emergency constitution The research used is a critical analysis with a qualitative approach that involves the analysis of legal documents and related literature. This research reveals the formation of emergency constitutional regulations that still pay attention to human rights, which must be carried out at a minimum. The type of research used in researching the problems in this study is normative juridical. This research is a normative juridical research because the researcher will analyze the laws and regulations related to the implementation of the emergency constitution from the perspective of human rights. Library materials and secondary data can be called normative legal research or library research by collecting legal materials both primary, secondary and/or tertiary. The government has a strategic role in determining the emergency conditions of a country. Traffic conditions caused by military, civilian attacks and disease outbreaks that cause the state to be unable to implement constitutional law normally, if not immediately will threaten the safety of the community and the country. Therefore, it is necessary to have written regulations or laws that provide a framework of procedures, formalities and frameworks to manage emergencies. The results of the research are expected to provide a comprehensive overview of the central government's implementation guidelines in carrying out emergency state administration.
Kesadaran Hukum Masyarakat dalam Jual Beli Tanah Tanpa Akta PPAT Demi Menjamin Kepastian Hukum dan Hak Atas Tanah di Wilayah Kelurahan Fatukoa Kecamatan Maulafa Kota Kupang Soni Esrayanus Benu; Darius Mauritsius; Husni Kusuma Dinata
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1608

Abstract

The increasing need for land has made land purchase and sale agreements more and more occurring. The sale and purchase agreement made by agreement must be carried out on the principle of clear cash. However, in practice, there are still many buying and selling that are not in accordance with the principle of light cash and the principle of Nemo plus juris as the principle of land registration. Problems regarding the sale and purchase of land that are not in accordance with procedures, not in accordance with existing principles and even not carried out in front of the authorized officials, namely the Sub-district Head and PPAT, still occur in Fatukoa Village, Maulafa District, Kupang City, resulting in legal uncertainty and land rights on the land object being traded. Uncertainty about the law. The type of research used is empirical legal research, and the data sources taken are primary data, secondary data and tertiary data. The population and samples taken are: 2 sellers, 2 buyers, heirs and the community. The sample used is the saturated sample technique where all members of the population get the same opportunity. The results of the study show that: (1). The authority of the sub-district head in making a letter of release of rights is contained in article 131 Paragraph (3) of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency No. 3 of 1997 concerning the Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. Regarding land that is sold and sold without using a PPAT deed, it must be done at the sub-district where the land is located, applicants who want to make SPPHT must follow the existing procedures and procedures starting from the agreement of both parties, the readiness of documents, the creation and implementation of SPPHT, registration to the signing and submission of the land rights release letter. (2) Public awareness of the existing regulations The level of public awareness of fatukoa is still very low. The public really does not understand the importance of registering land rights and the implementation of buying and selling with existing procedures with PPAT deeds or with letters under hand, namely the release of land rights. The factors that hinder the legal awareness of the community in Fatukoa Village are education factors and economic factors.
Pengaruh Sistem Hukum Dunia Terhadap Pembentukan Peraturan Perundang-Undangan di Indonesia Rama Ahmad Raja Maranay; Irsyaf Marsal
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1614

Abstract

This article examines the influence of global legal systems on the formation of legislation in Indonesia. Historically, Indonesia adopted the Continental European legal system inherited from the Netherlands as the foundation of its national legal framework. Over time, Indonesia’s legal system has also been shaped by principles of common law, Islamic law, and customary law, deeply rooted in the nation's culture. This study aims to analyze how the interplay of these diverse legal systems has contributed to the development of a unique and complex national legal structure. Employing a literature review and normative analysis method, the research explores how elements from various global legal systems have enriched Indonesia’s legal framework. The findings reveal that, while this diversity enhances the national legal system, it also presents challenges in harmonizing and synchronizing existing regulations. This study offers valuable insights into the dynamics of cross-system legal influences in the Indonesian context and their implications for national legal reform.
Praktik Mediasi Sebagai Alternatif Penyelesaian Sengketa Batas di Kantor Pertanahan Kota Kediri Firda Adita Nurul Ihsani; Grahadi Purna Putra
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1651

Abstract

In the current era, land is a basic need that is extremely important and meaningful in human life, particularly as a place to live, work, farm, or conduct various economic activities. With the rapidly growing population, the demand for residential land is also increasing. The population growth that is not matched by land availability creates significant pressure in the property market, leading to the development of new housing and settlements, both in urban and suburban areas. However, due to the increasingly limited availability of habitable land, this often triggers intense competition among individuals or parties with vested interests in obtaining land rights. The desire to own land has become very strong, as nowadays, land is not only used as a residence but also as a valuable resource. This often causes land disputes where the parties involved feel disadvantaged, either due to overlapping ownership, unclear land status claims, or differences in land use allocation. Due to the increasingly complex issues, the Land Office of Kediri City provides an alternative solution for boundary dispute resolution, namely mediation. This practice is an effort to resolve land conflicts peacefully and efficiently. Land disputes are becoming more complex and prolonged, often involving the government, businesses, and local residents. Moreover, land-related issues are frequently associated with unclear administration, weak law enforcement, or differing interpretations of existing regulations. As a result, not only does it impact the individuals involved, but it can also affect social and economic stability in a region. To address these issues, a more structured and transparent approach to land distribution and management is required. The government and society must work together to ensure fair and clear land distribution and provide wise solutions to disputes based on the principles of social justice. Mediation offers a more flexible approach compared to litigation by prioritizing dialogue among disputing parties. In this context, mediation helps alleviate tensions and create mutually beneficial solutions, enabling faster and more cost-effective processes. This study analyzes the effectiveness of mediation practices in reducing the number of disputes brought to court and assesses public perceptions of this resolution method. The results show that mediation can increase the satisfaction of the parties involved and promote stability in land ownership.
Perbedaan Pendapat Menurut Jumhur Ulama dan Abu Hanifah Terkait Nafkah Suami Miskin Ali Ad Dhar; Ayu Hijrani Salamah
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1655

Abstract

The husband's obligation to provide for his wife is one of the primary responsibilities in marriage, as regulated by various legal systems and religious values. However, challenges arise when a husband is in a state of economic poverty and unable to meet the family's basic needs. This article aims to explore how the concept of provision (nafkah) is applied in such situations from the perspectives of Islamic law, state law, and social norms. Based on a literature review, it is found that Islam provides flexibility for impoverished husbands to strive within their capacity, while emphasizing the importance of communication, mutual understanding, and cooperation between husband and wife. Furthermore, the responsibility to provide is not solely material but also includes emotional and spiritual aspects. This article also highlights the need for community and state support in creating social protection systems for impoverished families to ensure their welfare. Thus, the husband's responsibility to provide is not only viewed as an individual duty but also within the framework of collective responsibility.
Peran Media Sosial dalam Pengawasan dan Pencegahan Korupsi di Indonesia Rafael Christian Wijaya
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1657

Abstract

This study examines the role of social media in monitoring and preventing corruption in Indonesia, an issue that has become a primary concern among the public and government. With the increasing number of social media users in the country, these platforms are expected to serve as effective tools in enhancing public participation in overseeing corrupt practices. The research explores various aspects, including how social media enables the community to report corruption cases, share information, and build collective awareness about the impact of corruption. Additionally, this study highlights the challenges faced in utilizing social media, such as unequal access, negative responses from authorities, and the phenomenon of information fragmentation that can hinder constructive dialogue among the public. Through a literature review approach, this research analyzes various relevant sources to provide in-depth insights into the impact and effectiveness of social media in preventing corruption. The findings of this study are expected to offer recommendations for maximizing the potential of social media as a tool to support transparency and public accountability in Indonesia. With a better understanding of the role of social media, it is hoped that both the public and government can collaborate more effectively in the fight against corruption, thereby creating a cleaner and more accountable environment for future generations.
Efektivitas Penegakan Hukum bagi Pelaku pelecehan Seksual pada Anak Ditinjau dari Hukum Pidana Duwini Irawati; Grahadi Purna Putra
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1663

Abstract

Law enforcement against perpetrators of child sexual abuse is a crucial issue in the criminal justice system. In the context of criminal law, child sexual abuse is categorized as a serious crime that harms victims physically, psychologically, and socially. The effectiveness of law enforcement can be seen from several aspects, including the existence of strict regulations, implementation of the law by law enforcement officers, and restoration of victims' rights. Criminal law in Indonesia has provided protection through statutory regulations such as Law Number 35 of 2014 concerning child protection, Law Number 12 of 2022 concerning criminal acts of sexual violence and the Criminal Code (KUHP). Criminal law in Indonesia has provided protection through regulations that regulate severe sanctions against perpetrators of sexual abuse, including imprisonment and fines. However, challenges in its implementation often arise, such as weak supervision, lack of evidence, or cultural barriers that prevent victims from reporting. The often protracted judicial process is also an obstacle to providing fast and effective justice. The effectiveness of law enforcement also depends on the synergy between law enforcement officers, the community, and the government. Preventive efforts through education and public awareness campaigns can reduce crime rates, while strict punishments for perpetrators are expected to provide a deterrent effect.
Efektivitas Program Pemberdayaan Usaha Garam Rakyat dalam Meningkatkan Kesejahteraan Petani Garam di Kabupaten Pamekasan Alfiana Duwi Rahmayani
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1665

Abstract

Salt is a strategic commodity that is needed for various things, both used for food production and non-food production. As a food, salt is consumed by almost all humans in the world. Because of the importance of salt function for health, the government has made it an object to add iodine which is urgently needed to prevent various health problems. Various efforts have been made to increase salt production, including the People's Salt Business Empowerment Program (PUGAR). Reminding Pamekasan Regency is one of the districts in Madura which is one of the largest centers for producing people's salt in East Java. The legal basis underlying the implementation of the PUGAR Program refers to the Regulation of the Minister of Marine Affairs and Fisheries of the Republic of Indonesia No. 41/MEN/2011 concerning Guidelines for the Implementation of the Marine and Fisheries Independent Community Empowerment Program in 2011. This research aims to obtain an analysis of the People's Salt Business Empowerment Program (PUGAR) in Pamekasan district.
The Role Of The Prosecutor's Office In Rescuing State/Regional Assets As An Effort To Prevent Corruption In Indonesia Ricky Setiawan Anas; Ahmad Redi
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1701

Abstract

The recovery of state/regional assets is one of the important strategies in preventing corruption in Indonesia. The AGO, as a law enforcement agency, has a central role in restoring state assets suspected of being the proceeds of corruption. However, in practice, the AGO faces various obstacles that affect the effectiveness of asset recovery. Legal constraints such as overlapping regulations, complicated procedures, and asset ownership, are core difficulties. In addition, limited human resources and technology, as well as socio-political factors involving corruption in government institutions, also worsen the asset recovery process. This research focuses on identifying and analyzing the obstacles faced by the AGO in recovering state and regional assets. It also aims to outline the necessary steps to enhance the AGO's effectiveness in preventing corruption.
Analisis tentang Tindak Pidana Perdagangan Orang (Human Trafficking) dalam Perspektif Kriminologi Muhammad Jarnawansyah
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1740

Abstract

Human Trafficking is a crime in the form of human transaction. In Indonesia order to ensnare perpetrators of human trafficking, we use Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking. The purpose of this study is to determine and analyze the factors that cause human trafficking, the consequences of human trafficking crimes and how to overcome human trafficking crimes in the perspective of criminology, the negative impacts of human trafficking on the social environment. This study uses a normative legal research method, the data used is primary data. The analysis technique used is a qualitative approach. The results of this study are that human trafficking crimes seen from a criminological perspective can be associated with many things, including lack of awareness of poverty, low education, the desire to get rich quick, cultural factors, law enforcement. Human trafficking prevention can be classified into two types. Preventive prevention efforts are all efforts to reduce the space for movement and opportunities for crimes to be committed, and repressive prevention efforts are actions taken by law enforcement officers after a crime or criminal act has occurred. In eradicating and reducing trafficking, cross- country cooperation is also needed.

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