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Hukum dan Demokrasi (HD)
Published by Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun
ISSN : 14119765     EISSN : 3021825X     DOI : 10.61234
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Hukum dan Demokrasi (HD) adalah Jurnal ilmiah dengan fokus dan skop ilmu hukum, hukum pidana, hukum perdata, politik dan demokrasi, hukum bisnis dan hukum lingkungan. Diterbitkan oleh Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun. Jurnal ini diterbitkan empat kali dalam satu tahun yaitu pada bulan Mei, Agustus, November, dan Februari. Jurnal Hukum dan Demokrasi (HD) melakukan proses peer review secara tertutup pada naskah yang diterima. P-ISSN 14119765 E-ISSN 3021825X
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 25 No 1 (2025): Hukum dan Demokrasi (HD)" : 8 Documents clear
Konsep Kewenangan Bawaslu Kabupaten Sleman Pada Putusan Ultra Petita Adjudikasi Pemilu Tahun 2019 Lis Budi Qurnianti; B. Hestu C. Handoyo; E. Sundari
Jurnal Hukum dan Demokrasi (JHD) Vol 25 No 1 (2025): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v25i1.83

Abstract

This research is entitled “The Concept of Bawaslu Sleman Regency’s Authority in the Ultra Petita Decision of the 2019 Election Adjudication.” It addresses two main legal issues: (1) Whether the ultra petita decision issued by Bawaslu Sleman Regency in the adjudication of the 2019 legislative candidacy administrative dispute for the Sleman Regency Regional People's Representative Council (DPRD) is legally justifiable; and (2) How Bawaslu Sleman Regency’s authority in issuing an ultra petita decision can be viewed from the perspective of legal certainty theory. This research employs a normative legal method. Data were collected through literature review and interviews with several informants. The findings reveal that Bawaslu Sleman Regency's ultra petita decision is legally justifiable, as it was based on fulfilling the constitutional rights of legislative candidates from the Hanura Party in Sleman Regency, in accordance with Article 28J of the 1945 Constitution. From the perspective of legal certainty theory, Bawaslu’s authority in issuing such a decision aligns with Gustav Radbruch’s concept of legal certainty, which he defines as Sicherheit durch das Recht or certainty through law.
"Case Study of the Sea Fence in Tangerang from a Legal Perspective: Environmental Impact and Maritime Jurisdiction Dispute in 2025." Guruh Sugeng Mulyono; Hamzah Syadewan; Ria Tri Vinata
Jurnal Hukum dan Demokrasi (JHD) Vol 25 No 1 (2025): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v25i1.84

Abstract

          This study examines the case of sea fence construction along the Tangerang coast in 2025, which has sparked legal, environmental, and maritime jurisdiction controversies. The sea fence was built without official permits and lacked environmental documents such as the Environmental Impact Assessment (AMDAL) and Marine Spatial Utilization Permit (KKPRL), highlighting weak oversight in the use of marine space. This study aims to analyze the legality of the sea fence construction, its impact on coastal environments and marine ecosystems, and the jurisdictional implications involving the central government, local authorities, and coastal communities. The findings indicate that the construction violated existing laws and regulations, potentially causing ecological damage and social conflict. This research underscores the importance of enforcing maritime
Perlindungan Hukum terhadap Pembeli yang Beritikad Baik terkait Jual Beli Tanah Dan Implikasinya: Studi Kasus Putusan Mahkamah Agung, Nomor: 2943/K/Pdt/2016 Pandji Pratama; Maman Suparman
Jurnal Hukum dan Demokrasi (JHD) Vol 25 No 1 (2025): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v25i1.89

Abstract

Buying and selling issues cannot be separated from people's daily lives and good faith in buying and selling is an important factor so that buyers who have good intentions will receive reasonable legal protection according to applicable laws and regulations. Good faith in buying and selling is closely related to buying and selling land, because in national development the role of land is very important. So a problem arises, what is the position of buyers who have good intentions in buying and selling land carried out by PT. JASA MARGA (Persero) and what is the position of the holder of land rights obtained by a legal entity. In this research, normative juridical research methods were used. Position of PT. JASA MARGA (Persero) in the sale and purchase of a plot of land based on SHM No. 3147 in the name of Dewi Astuti, namely as a buyer in good faith. Even though in the sale and purchase the object being traded was legally defective because the certificate was issued based on a fake document which resulted in the objective conditions of an agreement not being fulfilled. But because PT. JASA MARGA (Persero) has been proven to be a buyer in good faith, therefore must receive legal protection based on applicable laws and regulations. Legal consequences for ownership of land rights obtained by PT. JASA MARGA (Persero) based on the transfer of rights between Dewi Astuti and PT. JASA MARGA (Persero) is invalid. Because PT. JASA MARGA (Persero) as a legal entity cannot have ownership of land rights in the form of property rights. Legal entities can only control land with a right, a right as in Article 30, Article 36 and Article 42 of UUPA Number 5 of 1960, namely Business Use Rights, Building Use Rights and Use Rights
Analisis Yuridis Tindak Pidana Penggelapan Berdasarkan Pasal 372 Kitab Undang-Undang Hukum Pidana: Studi Kasus 2 Perkara No. : 16/Pid.B/2022/PN.Pti Khamim; Nuno Guilhermino Pacheco Magno
Jurnal Hukum dan Demokrasi (JHD) Vol 25 No 1 (2025): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v25i1.90

Abstract

The main condition for the existence of a criminal act is the existence of rules that prohibit and are subject to criminal sanctions for anyone who violates it, one of the rules contained in the Kitab Undang-Undang Hukum Pidana (KUHP). Criminal liability can occur if there is an error caused by intent, negligence and the absence of excuses. In certain offenses, criminal liability can occur before the existence of criminal acts and the actions committed are the realization of part of criminal responsibility. An example of a problem is that there is an initial intention that is not categorized as a crime, but it can become a crime if the intention changes, such as when we borrow or rent goods from other people for a few days, but on the last day the borrower changes his intention to hold the item. So it can be categorized as embezzlement as in Case No. : 16/Pid.B/2022/PN.Pti.
Tinjauan Yuridis Penerapan Asas Praduga Tak Bersalah dalam Trial by the press pada Proses Peradilan Pidana Suprapto; Tubagus Ahmad Suhendar
Jurnal Hukum dan Demokrasi (JHD) Vol 25 No 1 (2025): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v25i1.91

Abstract

The media in reporting crimes is considered to have conducted a trial by the press. The press appears to take on the role of law enforcement officers by seeking evidence, interviewing witnesses, analyzing cases, and ultimately judging through their views on a criminal event. Trial by the press is certainly contrary to the principle of the presumption of innocence and an open and impartial trial process (fair trial). Trial by the press was found in press coverage of the Mirna Salihin murder case and the case of celebrity Rachel Venya. This study will examine the influence of trial by the press on the criminal law enforcement process in Indonesia and how the press reports criminal cases in order to avoid trial by the press and to know and understand the regulations on reporting in accordance with the principle of the presumption of innocence in laws and regulations. The research method used is normative juridical using concept analysis, analysis of laws and regulations, and case analysis. This study aims to ensure that the press does not conduct a trial by the press in reporting crimes. The results of the study found that trial by the press resulted in trial by the public so that the public formed an opinion on a criminal case. After the ratification of the New Criminal Code, the press that conducted trial by the press can be sentenced to imprisonment or a fine as regulated in Article 281 of the New Criminal Code and based on the press law.
Analisa Yuridis atas Pelaku Tindak Pidana Penggelapan Ditinjau dari Pasal 372 Kitab Undang-Undang Hukum Pidana Zulkipli; Maman Suparman
Jurnal Hukum dan Demokrasi (JHD) Vol 25 No 1 (2025): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v25i1.93

Abstract

Especially regarding embezzlement, which is regulated in chapter XXIV, article 372 to article 377 of the Criminal Code as follows "Anyone who deliberately and illegally belongs to something that is wholly or partly owned by another person, but who is in his power not because of a crime, is threatened with embezzlement. , with a maximum imprisonment of four years or a maximum fine of nine hundred rupiahs ”. The methodology used in this study is a normative juridical legal approach. Normative research or also known as literature law research, is "legal research conducted by examining library materials, both written in the book (law as it is written in the book), as well as the law decided by a judge through a court process. Normative legal research is based on secondary data and emphasizes speculative-theoretical steps and normative-qualitative analysis. Normative legal research is research that uses methods that refer to the legal norms contained in statutory regulations and court decisions related to corruption.,
Analisa Pertimbangan Hakim Terhadap Gugatan Perceraian yang Tidak Dapat Diterima: Niet Ontvankelijke Verklaard Mennix Hamonangan; Zaenal Arifin
Jurnal Hukum dan Demokrasi (JHD) Vol 25 No 1 (2025): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v25i1.99

Abstract

In the course of a household, there are always disputes between husband and wife that cannot be resolved and lead to divorce. This study aims to determine the legal consequences of an unacceptable lawsuit in a case of contested divorce and to find out the judge's consideration in deciding an unacceptable lawsuit in a case of contested divorce. This research uses normative legal research methods with a case approach. The results showed that in Law Number 1 of 1974 concerning marriage in Article 39 paragraph (2) of the Marriage Law and its explanation stated that divorce can be carried out if it is in accordance with the reasons that have been determined. An unacceptable verdict (NO) is a verdict stating that the lawsuit cannot be accepted, due to formal defects. Then, the reasons that cause the lawsuit to be unacceptable due to formal defects are that the power of attorney is invalid, the lawsuit is filed by a party with no legal interest, the lawsuit is eror in persona, the lawsuit is beyond competence, the lawsuit is osbcuur libel, the lawsuit is premature and the lawsuit has expired. Obscuur Libel lawsuit is a vague or unclear lawsuit and the cause of the obscuur libel lawsuit in this case is that the petitum is not detailed, therefore the lawsuit cannot be accepted. the provision of unacceptable lawsuits in civil disputes is not regulated rigidly in a legislation but is a provision that develops in the practice of dispute resolution in court as a form of translation of previous judges as a form of derivation of procedural law principles. Decisions on the inadmissibility of lawsuits are in principle the same as other decisions, which have binding force, and are only void if canceled by a higher court, however, they have legal implications on several matters, namely: related to nebis in idem, the minimum limit of appeal which is only filed once, which means that there is a legal vacuum from these two issues, namely a new lawsuit with the same case that has been decided to be nebis or not.
Analisis Yuridis terhadap Penegakan Hukum Anak yang Terlibat Sebagai Kurir Narkotika Berdasarkan Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak: Studi Putusan Nomor 7/Pid.Sus-Anak/2019/PN.Sda Burhani, Burhani; Arifin, Zaenal
Jurnal Hukum dan Demokrasi (JHD) Vol 25 No 1 (2025): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Law enforcement against children involved in narcotics crimes presents complex juridical and social issues. Children often occupy a dual position as both perpetrators and victims of exploitation by narcotics networks. This study aims to analyze the implementation of the Juvenile Criminal Justice System (SPPA) in cases involving children as drug couriers, with a focus on Decision No. 7/Pid.Sus-Anak/2019/PN.Sda. The research method employed is normative juridical with statute and case approaches. Data were obtained from primary legal materials in the form of legislation and court rulings, as well as secondary and tertiary sources from academic literature. The findings indicate that the SPPA emphasizes the principles of restorative justice and diversion, with imprisonment as a last resort (ultimum remedium). However, judicial practice still shows a strong repressive orientation, as reflected in the imposition of imprisonment on child defendants despite the availability of alternatives such as guidance, rehabilitation, or supervision. In the Sidoarjo case, the court sentenced the child to 1 year and 6 months in prison and 2 months of work training. Although normatively valid, the ruling did not fully reflect the best interests of the child, as diversion was not optimally pursued. This study concludes that the implementation of the SPPA in cases of children acting as narcotics couriers has not been fully consistent with the mandate of restorative justice. Therefore, greater consistency is required from law enforcement officers in prioritizing diversion, applying non-custodial measures, and strengthening rehabilitation and social reintegration programs. These efforts are expected to protect children’s rights, prevent recidivism, and strengthen the juvenile justice system in Indonesia.

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