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Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Published by Sekolah Tinggi Agama Islam Yayasan Pendidikan Ilmu Qur'an Baubau
ISSN : 29882281     EISSN : 29882273     DOI : 10.59059
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Bidang kajian dalam jurnal ini termasuk ilmu politik, sosial ,hukum, dan humaniora. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 287 Documents
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Tinjauan Yuridis Terhadap Putusan Bebas Pelaku Pemerkosaan Anak di Lubuk Basung Amiratul Aulia Hanifah; Syarah Zafira Keisua; Annisa Kharen Pricilla; Sherlytta Ananova; Ahmad Feisal Abi Hanif; Naufal Febriansyah; Warih Ayu Indah Kusumo; Alsa Mustafa Malawati
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1350

Abstract

J.E. Sahetapy argued that crime is a product of culture, evolving to become more modern and complex. Children, as future leaders, require guaranteed rights and protection as regulated in Indonesia's laws, including the Criminal Code and the Child Protection Law. However, violations like sexual violence by those closest to them, such as parents, persist. This research examines cases of sexual violence against children by biological parents, focusing on Supreme Court decisions. Using normative juridical methods and a statutory approach, the study analyzes the legal aspects of these cases. Findings reveal that despite evidence, defendants were acquitted due to the judge's doubts about witness statements and existing evidence, applying the in dubio pro reo principle. This decision has sparked debate for potentially setting a harmful precedent and hindering child protection enforcement. The study underscores the need for more responsive and appropriate legal implementation to achieve justice and optimal protection for child victims of sexual violence.
Penegakkan Hukum terhadap Pelanggaran HAM di Papua: Diskriminasi Etnis Muhamad Rangga Musaddad; Alif Muslim; Helmi Mutawalli; Maskumambang Wiratama; Muhamad Adam Auliya Rahman; Lip Hidayat
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1351

Abstract

Racial discrimination and violence against minority communities is prohibited by law, and the protection of minority groups is guaranteed by the Constitution, national laws, as well as international laws or conventions ratified by Indonesia, such as the ICCPR and ICERD. However, cases of violence involving ethnic Papuans are often ignored by the state, even though this is a violation of human rights. This research will use a normative juridical approach by presenting and analyzing the validity of statutory provisions. The socio-legal study in this research will be carried out by analyzing social studies, multidisciplinary social science theories related to the phenomenon of racial discrimination against ethnic Papuans, such as psychology in looking at prejudice and discrimination; Communication Studies; Social Integration and Disintegration Theory; and Social Conflict Theory. The aim of this research is to examine law enforcement using a social science paradigm. This research will review the quality of law enforcement, the extent to which these rules are enforced, and the extent to which law enforcement and the government can fulfill citizens' rights not to be discriminated against. This research shows that discrimination against the Papuan people is caused by racial discrimination in various aspects, including economics, politics, education and law enforcement. The application of anti- discrimination laws must be based on the professionalism of law enforcement officials so as not to give rise to new discrimination in law enforcement. This research recommends that the Indonesian Government increase political will in enforcing anti-discrimination and violence laws in all cases, especially against the Papuan ethnic group. Maximum anti-discrimination law enforcement efforts are needed to realize human rights goals, namely the provision, enforcement and protection of human rights.
Penerapan Kompensasi Terhadap Korban Kejahatan Tindak Pidana Terorisme Studi Kasus Bom Bali Kelik Caesar Saputra; Aldi Cahya Satria; M. Hamzah Al Ghafiki; Pramudita Mandala Sakti; Noufal Raihan Ghulam; Ripa Mahal Kabul Izati; Haykal Fahd Wijaya Muhammad; Rofiq Maulana Sandi
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1352

Abstract

The bombing incident that occurred in Bali in 2002 was a tragedy that attracted world attention, with victims reaching 202 deaths and more than 200 people injured. This tragedy occurred after the hijacked plane crashed into the World Trade Center towers in America in 2001, which increasingly increased global attention to the issue of terrorism. The aim of this research is to examine compensation for victims of terrorist crimes. This research method uses a descriptive qualitative research method with a normative juridical approach using secondary data in the form of documents and books regarding the object of this research, then this research uses 3 types of legal materials in the form of primary legal materials, secondary legal materials and tertiary legal materials. The findings of this research show that in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, victims of criminal acts of terrorism also receive protection for their personal security, family and property, and are free from threats. relating to testimony that will be, is being, or has been given and participating in the process of selecting and determining forms of security protection and support as well as providing information without pressure. Protection for victims of criminal acts of terrorism implemented in Indonesia is based on the 1945 Constitution of the Republic of Indonesia and Law Number 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism. Bali bombing victims have the right to receive legal protection and compensation from the state for the acts of terrorism that occurred. They also receive protection for their personal security, family and property, and are free from threats related to the testimony they will, are giving, or have given.
Perlindungan Hukum Bagi Para Pihak Terhadap Terjadinya Sistem Error Pada Penyelenggaraan M-Banking Noer Alya Indriani
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1356

Abstract

A rapidly developing economy cannot be separated from the support of capital provided through banking credit. However, system errors in the operation of M-banking can cause losses for both customers and banks. This study aims to analyze the legal protection for parties against system errors in M-banking operations and the responsibilities that must be met. The research method used is normative legal research with a statutory approach and conceptual approach. The legal sources used include primary and secondary legal sources, collected through literature study and analyzed using descriptive analytical methods. The results of the study indicate that although there are regulations governing the responsibilities of M-banking service providers, legal protection for customers needs to be strengthened, particularly in terms of dispute resolution mechanisms and compensation. This research recommends enhancing system security and consumer education to minimize risks and the establishment of more specific regulations regarding the responsibilities of M-banking providers in dealing with system errors.
Implementasi Kebijakan Penataan Pedagang Kaki Lima Sebagai Upaya Peningkatan Daya Saing Usaha di Kabupaten Bangkalan Ilvia Nurrohmah Maulida; Yusuf Hariyoko; Indah Murti
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1357

Abstract

Bangkalan Regency, located in the province of East Java, Indonesia, is known for its vibrant street vendor culture, which plays an important role in the local economy. However, despite their cultural and economic significance, street vendors in Bangkalan face various challenges that hinder their competitiveness and sustainability. This research was designed to describe the six variables of Donald Van Metter and Carl Van Horn's model in the implementation of the Street Vendor Arrangement policy as an effort to increase business competitiveness in Bangkalan district. This type of research is a qualitative descriptive study. There is Donald Van Metter and Carl Van Horn's variable model, standard; objective; and policy objectives, resources, characteristics of the implementing organization, implementing attitudes, communication between organizations, socio-economic and political environment. This policy is seen from the six variables in the Donald Van Metter and Carl Van Horn Model in the implementation of the Street Vendor Arrangement policy as an effort to increase business competitiveness in Bangkalan district which has been implemented. However, there are obstacles faced by local governments in implementing street vendor control policies, including the government's low motivation in implementing policy outreach, the lack of strategic relocation solutions, and the existence of pressure groups, namely street vendors in Bangkalan district, who violate government regulations.
Pola Komunikasi Politik Terhadap Generasi Z Pada Pemilu 2024 Dona Dwi Novita; Kasiana Sianipar; Ahmad Tamrin Sikumbang; Windy Sakila Nazwa; Alya Azra Mutia Nasution; Al Syahdafi; Zulkifli Zulkifli
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1359

Abstract

In the current era of globalization, many problems occur when entering the political era. It needs to be realized that in the current era, providing information must be in the right pattern, especially to generation Z as young people who choose. Of course, it is necessary to know the things that need to be informed to Gen Z during the political period so that the information reaches the right target to Generation Z. Therefore, it is necessary to know the political communication patterns of Generation Z, especially during the 2024 election. Understanding the communication patterns of Gen Z. one of them is by providing space for expression for them and providing two-way communication that involves them, especially during political campaigns. The goal is that generation Z no longer chooses to be part of the white group and is more involved in the progress of this nation. This research uses a qualitative method with a descriptive approach involving several generation Z people in providing information which will later be explained in written form.
Konstitusi dan Implikasi UUD 1945 dalam Era Modern Aqbil Daffa Siahaan; Sasmi Nelwati
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1363

Abstract

Constitution comes from the English Contitution, or the Dutch Contitute, which means basic law. The meaning of constitution in constitutional practice can generally mean that first it is broader than basic law because the meaning of basic law only includes written constitutions in cases still there is an unwritten constitution that is not included in the constitution. Both have the same meaning as the constitution because they only contain written rules. The role of the constitution and the 1945 Constitution in the context of the modern era. The constitution is a document that regulates the structure of government, individual rights, and the relationship between the government and the people. The 1945 Constitution as the Indonesian constitution has a long history and has undergone various changes in adapting to current developments. This article will also discuss the implications of the 1945 Constitution in facing modern challenges such as technology, human rights and globalization. Constitutional research methodology involves a multidisciplinary approach that combines legal, historical, and sociopolitical perspectives. This approach allows for a comprehensive understanding of constitutional principles and their implications in modern times. The study of constitutional law often involves analysis of legal texts, historical context, legal interpretation, and social impact to gain a holistic view of constitutional provisions and their application.
Studi Kasus Gugatan dalam Rekonvensi tentang Pengangkatan Sita Jaminan pada Perkara Perlawanan dalam Putusan Nomor 452/Pdt.G/2023/PA JT Fauziyah Rahmah Izzati; Linda Rachmainy; Sherly Ayuna Putri
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1365

Abstract

Reconvention can be filed in all cases except those which regulated in Article 132a HIR. HIR does not regulate material requirements regarding the substantial connection between convention and reconvention claim. Judicial practice tends to do so, as stated in Court Decision Number 452/Pdt.G/2023/PA JT. The Judges determined to reject the reconvention claim based on the consideration that the reconvention’s claim was closely related to the convention one, so the claim in the reconvention was rejected as the convention’s claim decided to be rejected. This research aims to determine the basis of the reconvention claim regarding the removal of collateral confiscation based on the Civil Procedure Law and determine the legal consequence of the court decision which rejected the reconvention claim regarding the collateral confiscation of dispute object. The results showed that the reconvention claim which requested the implementation of the confiscation of collateral is closely related to the convention one. The reconvention filed basically has fulfilled the regulations in Article 132a and Article 132b HIR. The decision to reject this claim was based on the fact that both claims, convention and reconvention, were closely related, this statement is supported by Jurisprudence Number 1527 K/Sip/1973. The legal consequence of rejecting both claims are that the dispute object is not under collateral confiscation status.
Refleksi Etika Politik Islam dalam Pembentukan Lembaga Yudikatif Nurul Rezkyani S; Nur Syamsi; Kurniati Kurniati
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1366

Abstract

The application of Islamic political ethics has unique characteristics in every country, including Indonesia. Even though Indonesia does not officially claim to apply Islamic concepts, if one examines the 1945 Constitution, there are indications that Indonesia refers to Islamic principles. This research aims to evaluate the concept of Islamic political ethics in the formation of judicial institutions in Indonesia. The approach used is qualitative with a literature review method, namely by looking for various references from books and journals regarding the reflection of Islamic political ethics in the formation of judicial institutions. This research began by looking for several references regarding Islamic Political Ethics to take points from each concept that was discussed. Stated.
Talaq Menurut Perspektif Hukum dan Sosial dalam Konteks Islam Idris Siregar; Nur Tasya Hariany Sitorus; Tari Nur Fajri
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1367

Abstract

Talaq is the release of marital ties or the breakdown of marital relations. The Islamic perspective on talaq exists because of the basic instructions for its permissibility in the Koran and hadith, even the ulama agree that Talaq is permissible under certain conditions for a husband who wants to divorce his wife. Talaq is prescribed in Islam but must be done in a certain way and at a certain time, such as divorcing the wife when the wife is pure or when the wife has not been intimate with her before. When divorcing your wifi, you must use regulations that are in accordance with the Talaq criteria. We will write this article to talk about Talaq according to Legal and Social Perspectives in an Islamic context. The purpose of this article is to find out Talaq from a legal and social perspective in an Islamic context and to know the Talaq problem in depth.

Page 15 of 29 | Total Record : 287

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