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Kajian Ilmiah Hukum dan Kenegaraan
Published by Goodwood Publishing
ISSN : -     EISSN : 30252539     DOI : https://doi.org/10.35912/kihan
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Kajian Ilmiah Hukum dan Kenegaraan (KIHAN) is a peer-reviewed journal that publishes quality papers in the fields of law and state. KIHAN aims to become a credible source related to law studies and mediates academicians, researchers, and practioners in dissemination their findings and ideas to solve various law and state issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2023): Desember" : 6 Documents clear
Implementasi Plea Bargaining System Kedalam Pembaharuan Sistem Peradilan Pidana Tindak Pidana Korupsi Pratiwi, Novianti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2269

Abstract

Purpose: This paper aims to provide information and knowledge to readers regarding the implementation of the Plea Bargaining system in the reform of the criminal justice system in tipikor cases. Research methodology: The study uses a normative legal method, which is research that examines document studies using a legislative approach, where this approach reviews all laws and regulations related to the plea bargaining system in the criminal justice system in Indonesia, which are relevant to the legal issues being raised. Results: the results of the research in this study is, The idea of using plea bargaining in an effort to reform the criminal justice system in Indonesia in corruption cases can be found on philosophical grounds based on the 5th principle of Pancasila. which efforts aim to create a judicial principle that is simple, fast and low cost. Limitations: This writing raises the formulation of the problem, namely how the application of the Plea Bargaining system idea can be implemented in an effort to reform the criminal justice system in corruption cases in Indonesia Contribution: The writing of this article is intended for law enforcers and lawmakers so that plea bargaining can be applied in the criminal justice system in Indonesia and provide a sense of justice and the completion of cases that are fast simple and low cost.
Sahnya Suatu Perjanjian Berdasarkan Kitab Undang-Undang Hukum Perdata Ratnaningsih, I Dewa Ayu Sri; Dewi, Putu Eka Trisna
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2384

Abstract

Purpose: This research aims to develop legal knowledge in the field of civil law, especially regarding the validity of agreements. The research also aims to achieve a Bachelor's degree, Master of Laws. Method: The research used in this journal is normative legal research, normative legal research is based on secondary data. Normative legal research is called research that examines rules and norms, as expressed by Sudikno Mertokusomo. In this research, primary legal materials are used, namely the Law (Civil Code), as well as secondary legal materials, namely doctrine, articles, internet information, and finally tertiary legal materials such as dictionaries. These legal materials were collected by conducting document studies until they were collected in accordance with the research objectives. The legal materials obtained, both primary legal materials and secondary legal materials, are analyzed comprehensively based on legal interpretation. Comprehensive means that the analysis is carried out in depth covering various aspects according to the broad scope of the research. Then legal interpretation itself is an interpretation which is one method of legal discovery that provides an explanation of the text of the law so that the scope of the rule is applied to the event. Result: The validity of an agreement based on the Civil Code is that it fulfills the terms of the agreement in article 1320 of the Civil Code. Limitation: This research only discusses agreements, especially regarding the validity of an agreement according to the Civil Code. Contribution: This research can be used as appropriate, to become a reference in further research.
Pertanggungjawaban Pidana Penanam Ganja Berdasarkan Undang-Undang tentang Narkotika Siagian, Fahrizal S
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2412

Abstract

Purpose: Narcotics abuse is a chronic problem that plagues Indonesia. Narcotics are not intended for purposes other than medical purposes. However, there are still people who still dare to plant marijuana trees which are strictly prohibited as regulated in Articles 111 and 112 Paragraph 1 of Law Number 35 of 2009 concerning Narcotics which explains the prohibition on growing marijuana unlawfully. The formulation of the problem in this research is first, How is Narcotics Crime Regulated in Indonesia? Second, what is the criminal responsibility of marijuana growers according to Law Number 35 of 2009 concerning Narcotics? The aim of the research is to answer this research problem. Methodology: The type of research used is normative legal research which refers to research studies on statutory regulations combined with primary, secondary and tertiary legal materials. The data collection technique is by using Library Research. The nature of the research is descriptive analysis. Results: The research results show that Indonesia has strict regulations that do not legalize narcotics carelessly, the prohibition is regulated in Article 111 Paragraphs 1, 2 and 112 Paragraphs 1, 2 of Law 35 of 2009 concerning Narcotics. Second, every person who without right or against the law plants, maintains, owns, stores, controls or provides narcotics in the form of plants legally and convincingly can be held criminally liable. In conclusion, Indonesia as a legal country has strict regulations to protect the young generation of the Indonesian nation from the dangers of narcotics abuse. Every person who owns, processes and distributes narcotics against their rights can be held liable for imprisonment for a minimum of 4 years, a maximum of 12 years, a fine of at least 800 million and a maximum of 8 billion rupiah. Limitation: This research is to explain and/or describe and describe all data obtained from data sources related to criminal liability for marijuana growers. Contribution: Indonesia does not legalize the use of narcotics against the law. If this happens, they can be held criminally liable.
Analisis Hukum Hilangnya Hak Kepemilikan Tanah Masyarakat Pesisir Bintan Akibat Peraturan Agraria Nuriani, Lia; Suryadi, Suryadi; Sudiarni, Sudiarni
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2415

Abstract

Purpose: To explain the struggle in obtaining and utilizing natural resources, including land, the current legislation is unable to protect the rights of the community and tends to give more rights to the owners. Methods: This research is typical (normative). Primary legal materials, or primary legal materials that have authority, and secondary legal materials are two types of research sources Result: The government must also play a role in placing land along the coast because someone must regulate land to ensure the safety of people living along the coast. Agrarian regulations for coastal communities have legal certainty regarding the possibility of eliminating land rights if the land is given to the state and destroyed. The allocation, use, provision and maintenance of land are all regulated and managed by the state. Limitations: Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands, management of coastal areas and small islands must have HP-3 (Coastal Water Management Rights) (UU PWP-PPK). Contribution: Basic Agrarian Regulations, promulgated based on Law no. 5 of 1960, provides legal certainty regarding the elimination of ownership rights to land when it is handed over to the state and destroyed.
Tinjauan Hukum Perjanjian Penitipan Barang yang Dilakukan melalui Anak Buah Kapal: Studi Kasus di Pelabuhan Punggur Kota Batam Nuriani, Lia; Suryadi, Suryadi; Budiyanti, Eka Rus
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2416

Abstract

Purpose: This research was conducted to find out about the phenomenon of safekeeping of goods with Ship's Crew (ABK) in Punggur Harbor, Batam City. Methodology : This study uses a type or method of normative legal research, in which the research is carried out by examining legal materials related to cases of safekeeping of goods against Ship's Crews (ABK). Then after that it was continued by examining additional data in the form of interviews conducted with Ship's Crew (ABK) at Punggur Port, Batam City, which later became Normative-Empirical legal research. Result: The result is reveals that agrarian policies in Bintan have led to the loss of land ownership rights for many coastal communities due to lack of consultation, inadequate compensation, and insufficient protection of traditional land tenure systems. Limitation: The ship's crew is the other crew than the captain. The phenomenon of entrusting goods to ship crew is very common for people who are used to life in the port. So it is not uncommon for many Ship's Crew to be reluctant to reject things that are considered normal by the people around them. Contribution: The analysis aims to contribute to the ongoing debate on land rights and coastal development in Indonesia by providing a legal perspective on the issue. It also highlights the need for greater recognition of the rights of coastal communities in agrarian policies and regulatory frameworks.
Tinjauan Yuridis Penetapan Nilai Jual Objek Pajak (NJOP) Sebagai Dasar Pengenaan Pajak Properti di Kota Pangkalpinang Putri, Amelia Arianti; Hariansah, Syafri; Marhayani, Cik
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2697

Abstract

Purpose: The aim of this research is to analyze the juridical aspects related to the determination of NJOP and its impact on property tax imposition in the region. Metohodology: The method used is Empirical juridical research was conducted through a series of field interviews with respondents and informants. It also uses normative research, namely research through literature studies. Results: The results of this study will provide a deeper understanding of the legal framework governing the determination of NJOP and how it plays a role in determining the amount of property tax to be paid by taxpayers. It is expected that the results of this study can provide constructive input for the local government and related stakeholders to optimize the NJOP determination system and property tax imposition in order to achieve a balance between fair tax revenue and incentives for property development. Limitations: The analysis may be constrained by the existing legal framework and government policies at the time of the review. Changes in regulations or policies after the research is conducted can affect the validity of the findings. Contribution: Identifying and evaluating the appropriateness of the legal framework within the context of determining the Tax Object Sales Value (NJOP) in Pangkalpinang City, assists the government and stakeholders in rectifying or enhancing regulations that may impact properties

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