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Jalan Kalimantan No 4 RT 004 RW 001 Kelurahan Kampung Kelawi, Kecamatan Sungai Serut, Kota Bengkulu, Provinsi Bengkulu
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INDONESIA
JURNAL RUANG HUKUM
Published by Gayaku Publisher
ISSN : -     EISSN : 29630479     DOI : https://doi.org/10.58222/juruh.v2i2.483
Core Subject : Religion, Science, Social,
Religion Computer Science & IT Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL RUANG HUKUM merupakan jurnal ilmiah yang berisikan gagasan dan pengetahuan hukum yang berasal dari akademisi, peneliti dan praktisi dibidang hukum, atas fenomena hukum yang jamak terjadi di masyarakat. fenomana hukum yang tercipta dari proses pembentukan undang-undang hingga proses pelaksanaan undang-undang tersebut. JURNAL RUANG HUKUM terbit sebanyak 2 (dua) kali dalam 1 (satu) tahun yaitu (Januari-Juni dan Juli-Desember). Artikel yang masuk akan dinilai oleh peer-reviewer, dan jika dipandang layak akan diterbitkan, JURNAL RUANG HUKUM menerima artikel dari Ilmuwan, baik dalam maupun luar negeri yang fokus dengan kajian tersebut dapat berkontribusi dan mengkomunikasikan hasil penelitiannya dalam jurnal ini. Ruang lingkup Jurnal Ruang Hukum adalah: A. Hukum 1. hukum perdata, 2. hukum pidana, 3. hukum administrasi, 4. hukum militer, 5. hukum konstitusional, 6. hukum internasional. B. Yudikatif: 1. manajemen kasus pengadilan 2. manajemen peradilan. C. Kriminologi dan Hukum: D. Victimology dan Hukum E. Forensik dan Hukum
Arjuna Subject : Ilmu Sosial - Hukum
Articles 33 Documents
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Policy For Formulation Of Criminal Sanctions Against Narcotics Criminal Offenders Warsito Kasim
JURNAL RUANG HUKUM Vol. 1 No. 2 (2022): Juli-Desember
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i2.87

Abstract

In essence, narcotics are substances both natural and synthetic, namely narcotics, psychotropics and other addictive substances. If they enter the human body without following health regulations, they have an effect on the brain in the central structure and if misused, it is against legal provisions. Narcotics were first made by the British and then spread to mainland Asia, from China, Hong Kong, Japan to Indonesia.Examined from the optics of material criminal law, the Narcotics Law has several systems for formulating criminal sanctions (strafsoort) and several systems for formulating the duration of criminal witnesses (strafmaat). The system for formulating the length of criminal sanctions (strafmaat) is a fixed/definite sentence system in the form of a definite criminal threat, an indefinite sentence system in the form of a threat of a maximum length of sentence, then a determinate sentence system in the form of determining the minimum and maximum limits for the duration of a criminal threat and an indeterminate sentence system in the form of no the maximum criminal limit is determined. The law-making body completely delegates criminal policy (discretion) to criminal implementing officials at a lower level, for example in determining the size, nature or duration of punishment for perpetrators of certain crimes. The formulation system is indeterminate, determinate, presumptive and mandatory. Basically, according to criminal law science, there are several types of systems for formulating criminal sanctions (strafsoort), namely single/imperative formulation systems, alternative formulation systems, cumulative formulation systems, cumulative-alternative (mixed/combined) formulation systems and blind/blanch formulation systems. . Likewise, only for the system of formulating the length of criminal sanctions (strafmaat), there is a definite sentence system in the form of a threat of a definite length of sentence, a fixed/indefinite sentence system or maximum system, namely a threat of a maximum length of sentence, then a determinate sentence system in the form of a specified minimum limit and maximum criminal threat and indeterminate sentence system in the form of no specified maximum criminal limit, the law-making body gives full responsibility to criminal policy (decretion) to criminal implementing officials at lower levels, for example in determining the size, nature or duration of punishment for perpetrators certain crimes.
DAMPAK PENGGUNAAN APLIKASI TIKTOK DIKALANGAN MAHASISWA KOTA BENGKULU MENURUT PANDANGAN MAJELIS ULAMA INDONESIA (MUI) KOTA BENGKULU Yudha, Ivando; Hasanah , Uswatun; Fitri, Sherly Nelsa
JURNAL RUANG HUKUM Vol. 2 No. 1 (2023): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v2i1.90

Abstract

This study aims to determine the use of the TikTok application among students in Bengkulu City according to the view of the Majelis Ulama Indonesia (MUI) in Bengkulu City. This study uses empirical legal research to examine the law as a pattern of behavior that applies to the application of legal regulations. The use of the TikTok application among students in Bengkulu City according to the view of Majelis Ulama Indonesia (MUI) in Bengkulu City, is to have positive and negative influences. Positive influences include having many friends and fans, learning new things from preferred accounts, and trying to participate in spreading good things in cyberspace. While the negative impact is shame makes TikTok users sink even more with their fun to rock, A lot of content created by TikTok users does not filter which videos are appropriate or inappropriate to upload and seeing videos uploaded by other users can be a waste of time.
PERTANGGUNGJAWABAN PELAKU USAHA TERHADAP KONSUMEN AKIBAT SALAH DALAM MENAFSIRKAN IKLAN Rimanda, Fiqri; Syarifudin; Fitri, Sherly Nelsa
JURNAL RUANG HUKUM Vol. 2 No. 1 (2023): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v2i1.91

Abstract

The publication is a data mechanism to promote goods to be delivered or offered to the general public or buyers. Specifically, to get the benefits that will be obtained by the maker, this advertisement is expected to provide data and progress that will make people interested in buying their goods. This research uses normative law research through library materials or secondary data by finding a rule of law, legal principles, and legal doctrines to answer the legal issues faced. The answer is that the responsibility of business actors for consumer losses is to provide compensation for damage, pollution, and consumer losses due to consumer goods and or services by the Consumer Protection Act.
INHERITANCE LAW IN THE PERSPECTIVE OF CUSTOMARY LAW, CIVIL LAW, AND ISLAMIC LAW Muzakir, Kahar
JURNAL RUANG HUKUM Vol. 2 No. 1 (2023): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v2i1.219

Abstract

In order to understand the rules and intricacies of inheritance law, it is almost unavoidable to first understand some terms that are commonly encountered and known. However, there are three inheritance laws that apply in Indonesia, namely customary inheritance law, civil inheritance law, and Islamic inheritance law. Customary inheritance law is the legal rules that regulate the transmission and transition from century to century both tangible and intangible assets from generation to generation. A person becomes an heir according to civil inheritance law due to marriage and blood relations, whether legally or not. The Islamic inheritance system according to the Qur'an is actually an improvement and change from the principles of inheritance law that prevailed in Arab countries before Islam, with its patrilineal family system.
Examining the Presidential Threshold in Law No. 7 of 2017 in terms of legal politics in Indonesia Fathullah, Fathullah
JURNAL RUANG HUKUM Vol. 2 No. 1 (2023): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v2i1.228

Abstract

It was originally proposed that the presidential threshold of 20% be used to support the presidential system. As stated in Article 6A paragraph (2) of the Constitution of the Republic of Indonesia, the constitutional design of the presidential threshold is an additional provision about arrangements on the requirements for the candidacy of the President and Vice President. Because political configuration is so crucial to the creation of legal products, political law presidential threshold policymaking occurs when there is political configuration. What is the history of the presidential threshold policy of 20%? is the first of two problem formulations in this study. Second, how does the presidential threshold of 20% in Law No. 7 of 2017 stand in terms of legal politics? Along with legal and intellectual techniques, the research takes a normative perspective. First, the study's findings show that Indonesia's presidential threshold was first established in Law Number 23 of 2003 concerning the General Election of the President and Vice President. From the 2004 Presidential Election to the 2019 Presidential Election, Indonesia's threshold provisions were the first to be put into practice, with the presidential threshold's amount changing. The legal politics of the presidential threshold have the traits of an authoritarian law, and the legal foundation has changed to Law Number 7 of 2017 concerning the Second General Election. This is so that the ruler can protect his or her political interest in keeping the ruling party in power. Because a presidential threshold with a percentage of up to 20% creates a divide in political rights or democratic rights between parties with majority votes and parties with minority votes, the legal politics of determining the presidential threshold runs counter to the principle of the purpose of an effective and proportional election.
E-commerce industry competition in the settlement of digital business law in the metaverse era Nilam sari, Meci
JURNAL RUANG HUKUM Vol. 2 No. 2 (2023): Juli-Desember
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v2i2.240

Abstract

This study aims to determine the development of the E-commerce Industry in the metaverse era, as well as how sellers and consumers can overcome applicable business laws without having to fight and bankrupt the economy in today's digital era. In this study, the literature study method was used as well as the findings that the researchers saw from several existing cases both in social media and in business life in the existing business environment. That we know that the more sophisticated an era is, the greater the business opportunity will be to move forward in the future so that consumers and sellers must be careful in making transactions, or obtaining certain data in doing business so that existing business laws are able to be obeyed.
Efforts To Protect The Rights Of Suspects Through The Pre-Trial Process In Examinations At The Investigative Level Muhidin, Muhidin; Puji Rahayu, Anjani; Fatmawati, Ina; Putri, Machelinda; Rifa'atul Lailiah, Melly; Fatmawati, Sri
JURNAL RUANG HUKUM Vol. 1 No. 1 (2022): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i1.243

Abstract

Coercive action by the competent authorities in investigations and prosecutions can be controlled by the courts. The purpose of establishing this facility is so that the rights of suspects can be protected, especially in relation to illegal arrests and detentions as well as termination of investigations and prosecutions. Even though the facility is regulated positively (Article 82 paragraph (1) letter d), in practice there are still deficiencies in its preparation and application in court, so that the human rights of suspects are not protected. This study discusses how pretrial authority protects the rights of suspects in Decision 99/Pid.Pra/2022/PN JKT.SEL and pretrial objectives at the investigative level, what is the role of pretrial as an effort to protect the rights of suspects and pretrial objectives at the investigative level. Therefore the purpose of this study is to determine pretrial authority in an effort to protect the rights of suspects for pretrial purposes at the level of investigation. The purpose of this study is to answer through the application of legal-philosophical methods and library research through theoretical research with legal theory and its relation to law enforcement prosecution in the judiciary. The results of the research prove that power and other powers continue to influence the institutional legal system whose independence is guaranteed by law and justice, especially the influence of pretrial authority on efforts to protect suspects' rights at the pretrial level and objectives at the investigative level. Also the role of the court as a procedural authority is therefore not completely independent. The main task of the judiciary remains to promote peace and justice. Therefore, to instill a sense of peace among justice seekers, it is necessary to strengthen the legal system, which is the last haven for justice seekers.
Implementation Of Pretrial In Indonesia's Positive Legal Spatial As A Strengthening Of The Integrity Of The Criminal Justice System Nurul Azmi, A.; Nurtresna, Robby; Agustin, Mela
JURNAL RUANG HUKUM Vol. 1 No. 1 (2022): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i1.244

Abstract

KUHAP explicitly explains that the process of implementing the law is part of the core instruments of law enforcement, such as the police apparatus, prosecutors and judiciary. A new step for procedural law, namely pre-trial in the Criminal Procedure Code, which is an innovation in Indonesian positive law. The trial at the first level is an innovation (new institution) of the KUHAP. Pretrial as one of the jurisdictions of the court horizontally or the application of coercive measures by the Police and the Attorney General's Office. The Constitutional Court (MK) in its decision Number 21/PUU-XII/2014 has determined a new pretrial object, namely the legal or illegal determination of the suspect, confiscation and search. The research method aims to explain how research is conducted to obtain maximum results. In this study, the authors used normative and empirical legal research methods. In Indonesia, the judiciary was born from the spirit of wanting to adopt the habeas corpus concept into the Criminal Procedure Code (KUHAP). This concept is presented to verify and test the coercive actions of law enforcement officials, both in the form of arrests and detentions. This is because these actions violate individual rights and freedoms. Therefore, a trial court process is necessary. Pretrial as a horizontal legal system between law enforcement officers. That the District Court has the authority to consider and decide according to the provisions stipulated by law. The main pretrial request according to Indonesian positive law has been poured into the Criminal Procedure Code in Article 1 number 10 in conjunction with Article 70. In the Criminal Procedure Code Articles 77-83 Chapter X part one has included pretrial and its rules.
Implementation of the Principle of Equality Before The Law in Corruption Court Decisions Sakti, Agam; Aprianingsih, Nina; Nufus, Saifun
JURNAL RUANG HUKUM Vol. 1 No. 1 (2022): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v1i1.251

Abstract

Equality before the law is a basic principle in positive law in Indonesia which is called the Principle of Equality Before The Law, this aims to protect the human rights of citizens and to fight discrimination and the arbitrariness of rulers, but in practice, there are still many constitutions that have not been carrying out these basic principles, especially in acts of corruption as occurred in the corruption case in the procurement of 1,800 computer units for the 2018 computer-based National Examination worth Rp. This case clearly shows that the law in Indonesia tends to side with the authorities so a stigma arises in society that the law in Indonesia is blunt up and down. Of course, this phenomenon has reduced public trust in the government, especially in law enforcement
THE ENFORCEMENT OF CRIMINAL LAW AGAINST VIOLENT THEFT CRIMES Mabsuti, Mabsuti; Fitnawati WN, Santy
JURNAL RUANG HUKUM Vol. 2 No. 1 (2023): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v2i1.256

Abstract

Occasionally, technological advancements and the growth of human civilization are accompanied by an increase in human requirements. This has a negative effect because it will increase the likelihood of criminal activity. Theft with violence is a type of crime that has recently occurred in every region and has been extensively discussed, as it severely disrupts security and public order. Consequently, the purpose of this study was to investigate the enforcement of criminal law against the offense of larceny with violence. Using a normative juridical approach with a statutory approach and a case approach, secondary data with additional primary, secondary, and tertiary legal materials were analyzed qualitatively in this study. In light of these findings, Chapter XXII of the Criminal Act of Theft is governed by Articles 363, 363, and 365 of the Criminal Code (KUHP). This indicates that law enforcement officials must refer to these articles when imposing violent punishments on thieves. Violent crime Criminal law enforcement is an effort to translate concepts of criminal law justice into legal certainty and social benefits in every legal relationship. There are three factors that must always be considered in law enforcement: 1) legal certainty (Gerechtigkeit), 2) justice, and 3) effectiveness. Legal structure, legal substance, legal culture, and legal remedies (preventive and punitive measures) comprise the efforts to uphold the law in instances of theft crimes involving violence.

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