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Hakim: Jurnal Ilmu Hukum dan Sosial
Published by Universitas Sains Dan Teknologi Komputer
ISSN : 29876737     EISSN : 29877539     DOI : 10.51903
Core Subject : Humanities, Social,
Humanities 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 155 Documents
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Penerapan Asas Legalitas Terhadap Tindak Pidana Korupsi Kania Nova Ramadhani; Talita Sembiring; Bungana Br. PA; Maulana Ibrahim
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1469

Abstract

Article 1 paragraph (1) of the Indonesian Criminal Code states the principle of legality in criminal law. This legality principle is a basic principle in the criminal law system that guarantees that a person cannot be punished without a clear legal basis and without going through a fair legal process. This principle also protects individual human rights and prevents abuse of power by the authorities. The purpose of this research is to analyze the application of the Principle of Legality to the crime of corruption and to find out how the application of the principle of legality to the crime of corruption. This research was conducted using the literature study method, which is a method of collecting data by understanding and studying theories from various literatures related to the research. The results of this study indicate that based on the principle of legality as referred to in Article 1 paragraph (1) of the Criminal Code, namely nullapoena sine lege, it means that every criminal sanction must have a legal regulation that regulates it beforehand, the ideal application of the principle of legality in terms of law enforcement for corruption defendants is if the act of corruption can be proven legally and convincingly in a trial that is guided by law enforcement in accordance with the provisions of the applicable legal system contained in the law.
Kewajiban Dan Tanggung Jawab Hukum Perdata Dalam Perlindungan Privasi Data Pasien Dalam Layanan Kesehatan Digital Mohamad Rizky Ardiansyah; Restu Ardiana
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1470

Abstract

This journal article discusses the role of civil legal obligations and responsibilities in the context of protecting patient data privacy in digital health services which are increasingly penetrating the modern medical world. The main objective of this article is to analyze the legal framework that regulates the protection of patient data privacy in the digital environment, understand the civil legal obligations that regulate digital health service providers in protecting patient data, and analyze the rights and obligations of patients in the context of protecting patient data privacy in services. digital health. The approach method in this research involves analysis of various relevant rules and regulations, such as the Personal Data Protection Law and medical professional ethical guidelines. The results of this study reveal that compliance with patient data privacy regulations in digital healthcare varies, and there is an urgent need for increased legal understanding and awareness among stakeholders, including healthcare providers, application developers, and patients.
Tinjauan Yuridis Pengangkatan Anak Pekerja Migran Indonesia Di Sabah, Malaysia Dalam Perspektif Hukum Perdata Internasional Alyah Padmavati; Yuli Agung Nugroho; Muhammad Nur Rokhim
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1475

Abstract

Bank Indonesia reports that the largest number of Indonesian migrant workers are in Malaysia. Due to this, these workers often get married and even have children in Malaysia. Children born outside Indonesia, especially in Malaysia which has very strict immigration policies regarding citizenship status for children born to foreign parents. In this situation, custody by Malaysian adoptive parents is the solution that is often chosen. By giving custody rights to Malaysian adoptive families, PMI children can be officially recognized as Malaysian citizens. International child adoption is a problem that has foreign elements, so it is very urgent to study this phenomenon from the perspective of private international law. This research refers to the principle of lex fori, where the emphasis is on jurisdictional issues. The research used is a type of normative research which aims to explore legal regulations related to child adoption in an international context. To get a clearer perspective, researchers took a qualitative approach by interviewing three Indonesian workers living in Sabah, Malaysia. These interviews are conducted via telephone or discussion groups to gain a deeper understanding of the issues being faced.
Perlindungan Hukum Bagi Anak Pasca Putusan Dispensasi Kawin yang Ditolak Berdasarkan Peraturan Perundang-Undangan Terkait Hani Suriyani; Nyulistiowati Suryanti; Hazar Kusmayanti
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1476

Abstract

The latest minimum age of marriage has been stipulated in Article 7 paragraph (1) of the Marriage Law, namely a man and a woman aged 19 years, but if there are urgent circumstances that cause a person to have to carry out a minor marriage, the male parent and/or the woman's parents can request a marriage dispensation application to the court. The object of study in this study is the rejection of marriage dispensation at the Soreang Class I B Religious Court Number 163/Pdt.P/2023 and Number 5/Pdt.P/2023. The purpose of this study is to find out and formulate how the legal protection for the children of the Petitioners after the rejection of marriage dispensation by the judge. Child protection is all activities to guarantee, protect children and their rights in order to live, grow and develop, participate optimally in accordance with human dignity and dignity and get protection from violence and discrimination. The approach method used in this study is normative juridical with analytical descriptive research specifications. This research uses secondary data obtained from the results of literature studies as the main data and also uses primary data obtained through legal materials, namely related laws and regulations as a complement by using data collection techniques by means of document studies and interviews, as well as data analysis using qualitative data analysis methods. The rights of children in terms of jni concern the basic needs that should be obtained by children to ensure survival, growth, and, development as well as protection from all forms of mistreatment, exploitation and neglect of children, both including civil, economic, social and cultural rights. Child protection efforts are divided into two, namely preventive efforts and repressive efforts. Child protection efforts that the author will discuss in this paper are repressive child protection efforts, namely in the form of restoring children's condition both psychologically and physically after the rejection of marriage dispensation by the judge.
Penegakan Hukum Pidana Terhadap Praktek Rugpull Ditinjau Dari Hukum Positif Indonesia Muhammad Fadlan Ali; Suwitno Y.Imran; Apripari Apripari
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1478

Abstract

This research aims to analyze the form of rugpull and how this phenomenon can be categorized as a criminal act within the framework of Indonesian criminal law. Apart from that, this research also aims to understand concrete ways in which criminal law enforcement against rugpull is carried out in Indonesia. The problem formulation in this research includes two main aspects. First, how is the form of rugpull categorized as a criminalization in criminal law? Second, how is criminal law enforced against rugpull in Indonesia? The research method used in this research is normative analysis, involving an in-depth study of the legal regulations that apply in Indonesia. This approach allows research to understand the concept of rugpull, analyze relevant regulations, and evaluate the effectiveness of criminal law enforcement against this phenomenon. The research results show that rugpull can be categorized as a criminal act in Indonesian criminal law, by referring to articles relating to fraud, electronic identity falsification, or threats via electronic media. Analysis of these regulations opens up opportunities to determine criminal sanctions that can be applied to rugpull perpetrators. Furthermore, this research discusses concrete ways of enforcing criminal law against rugpull in Indonesia. It was found that technical challenges, such as the technological complexity of crypto assets and the need for more specific regulations, affect the effectiveness of law enforcement. However, this research also highlights the need for cross-sector and cross-country collaboration to address the cross-border characteristics of rugpulls. This research contributes to the understanding of criminal penalties for rugpull in Indonesia and provides a basis for further debate regarding regulations that are more effective and responsive to the challenges emerging from the crypto asset ecosystem.
Etika Dan Batasan Hukum Dalam Perang : Analisis Terhadap Kejahatan Humaniter Dalam Fiqih Siyasah Nanda Muntazza; Askana Fikriana
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1522

Abstract

This in-depth study discusses the ethical aspects and legal limitations related to warfare from the perspective of fiqh siyasah. The research method employed is a literature review, drawing upon sources such as books, journals, and relevant articles. The primary objective of this research is to delve into a comprehensive understanding of the rules and ethics of war within the framework of international law. The main findings highlight the significance of Humanitarian Law as a branch of international public law that governs armed conflicts worldwide, aiming to ensure that war is conducted within a legal framework that respects humanitarian principles. Islamic teachings provide clear guidance on how to engage in warfare with due consideration for the protection of civilian populations and the avoidance of humanitarian crimes, prohibiting indiscriminate attacks and arbitrary acts of violence against civilian populations. By adhering to these principles, Muslim armies can fulfill their duties in war with integrity and respect for high humanitarian values, thus making a significant contribution to understanding the role of ethics and law in the context of warfare, especially from the perspective of fiqh siyasah.
Perlindungan Hukum Terhadap Nasabah atas Kejahatan Phising dan Hacking pada Layanan Bank Digital Ditinjau Berdasarkan Hukum Positif Indonesia Salsabila Chairunnisa; Tarsisius Murwadji; Nun Harrieti
Hakim Vol 2 No 1 (2024): Februari : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i1.1535

Abstract

Phishing and hacking crimes are cybercrimes that often occur in banking. Therefore, the purpose of this research is to examine the responsibility of digital banks and legal protection for phishing and hacking crimes of customers in digital bank services. Researchers have concluded that the responsibility of digital banks for phishing and hacking crimes to customers in using digital banks service is reviewed based on Indonesia’s Positive Law. Digital banks are responsible in this case for confirming phishing and hacking crimes, making customer complaint handling services accessible to customers in 24 hours. Banks compensate for losses suffered by customers to always maintain the principle of customer trust in them. However, if the customer is unsatisfied with the internal settlement with the digital bank, then the customer is not followed up by the bank concerned. The customer’s legal protection for phishing and hacking crimes is reviewed based on Indonesian Positive Law. The government as a regulator provides legal protection to customers in order to achieve order and legal certainty.
Analisis Pentingnya Pasrtisipasi Masyarakat dalam Pembentukan Suatu Undang-Undang Talita Sembiring; Kania Nova Ramadhani; Gadis Prasiska; Ruth Yessika Siahaan; Chairun Nisa; Ramsul Nababan; Maulana Ibrahim
Hakim Vol 2 No 1 (2024): Februari : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i1.1538

Abstract

Community participation is a stage where the community participates in the process of drafting laws and regulations. Therefore, the purpose of this research is to analyze the background of the need for communities to participate in the process of forming laws and regulations and the challenges faced by local communities when involved in the process of forming laws and regulations. This research uses a descriptive qualitative method with a literature study, which is a data collection technique by reviewing books, literature, memos, and various reports related to the problem to be solved, in order to develop productivity concepts that can be used as a foundation. The results of this study show that community participation is a stage that provides opportunities for the community to participate in the preparation of laws and regulations in accordance with the provisions of the law. Community participation is a mandatory legal norm. So that public participation becomes a mandatory process when drafting laws and regulations.
Perkembangan dan Dinamika Hukum Ketenagakerjaan di Indonesia San Mikael Sinambela; Putri Widia Ningsih; Ahmad Aridho; Joy Novi Yanti Lumbantobing; Nur Anisa Simbolon; Reylan Silverius Sinaga; Ramsul Nababan; Maulana Ibrahim
Hakim Vol 2 No 1 (2024): Februari : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i1.1539

Abstract

This research was conducted with the aim of finding out the development and dynamics of employment law in Indonesia. This research method is to use a descriptive qualitative method with a literature study approach. The results of this research show that since the beginning of independence. In Indonesia, labor law has experienced significant developments. Currently, labor law in Indonesia regulates the rights and obligations of workers and employers, as well as determining settlement procedures. Employment disputes. However, even though there have been positive changes in labor law in Indonesia, there are still several problems that need to be addressed, such as injustice in wages, difficulties in obtaining workers’ rights, and there are still many cases of violations of workers’ rights. In conclusion. The conclusion from the discussion above shows that the development of labor law in Indonesia is very dynamic. From the 1950 Employment Law to the 2020 Omnibus Law, these regulations have undergone significant changes to accommodate needs. Society, the world of work, and economic growth. The importance of protecting workers’ rights, determining fair wages, and resolving industrial relations conflicts are crucial aspects of labor law. Although efforts to increase investment and create new jobs are recognized through the Omnibus Law, special attention to protection is needed. Workers’ rights and conflict resolution so that industrial relations remain balanced and fair.
Peranan Lembaga Adat Dalam Penyelesaian Delik Adat Pada Masyarakat Di Desa Toruakat Kecamatan Dumoga Kabupaten Bolaangmongondow Cindai Goni; Fenty Puluhulawa; Jufryanto Puluhulawa
Hakim Vol 2 No 1 (2024): Februari : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i1.1540

Abstract

The aim of this research is to find out the form of customary law that is resolved in customary justice in the Deisa Toiruakat community, Dumoiga subdistrict, Boilaang Moingoindoiw district and to find out the legal process of customary law in Deisa Toiruakat, Dumoiga subdistrict, Boilaang Moingoindoiw district. The Meitoidei Peineilitian that is used is a combined type of research between Noirmative Huikuim Peineilitian and Eimpirical Huikuim Peineilitian. Noirmative-Eimpirical Huikuim Research is a type of research theory which in this case combines noirmative legal science which is coincided with the addition of data or empirical science. The research results obtained by the customary settlement process in Toruakat Village do not violate existing legal norms in Indonesia because the Guhanga Lipu (Traditional Institution) of Toruakat Village and customary courts are recognized by the Government both through laws, regional regulations and village regulations. The conclusion is that there are differences between the traditional regulations of Toruakat Village and the practice of carrying out customary trials that are carried out, because the sound of the articles mentioned in the trial process is different from the sound of the articles in Toruakat Village Regulation Number: 01 of 2020 Concerning the Customary and Customary Procedures of Toruakat Village and the number of sanctions imposed This also differs from the provisions for giving sanctions in the village regulations and in the research process the researcher found that indeed the traditional council did not comply with the traditional village regulations of Toruakat Village, they only relied on knowledge from their parents and from books that their ancestors had left to them.

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