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Agus Rahmad
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INDONESIA
Jurnal Hukum dan Keadilan
Published by PT Hafasy Dwi Nawasena
ISSN : -     EISSN : 30316782     DOI : https://doi.org/10.61942/jhk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong variables in the research are still legal analysis in accordance with the scope and focus described above.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 78 Documents
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The Role of Villages in Increasing Awareness of Land Administration Order in Jayanegara Village Dewi, Sartika; Hardiansyah, Dicky; Mahfud, Fuad; Casmita, Kusnadi; Latif, Muhammad; Sadam M, Mochammad Reyza; Alghifari, Zakaria Restu
Jurnal Hukum dan Keadilan Vol. 1 No. 5 (2024): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i5.206

Abstract

The Village Government is the smallest government in Indonesia with the task of protecting every element of the community who resides in the village, this is in accordance with the mandate of Article 26 Paragraph 1 of Law Number 6 of 2014 which is explained that the Village Head also empowers and coaches the community. Thus, the role of the village government in improving the order of population administration and civil registration is very important. One of the administrative orders carried out by Jayanegara village is administrative order in the field of land, with the existence of the Complete Systematic Land Registration (PTSL) program organized by the government with the aim of preventing land disputes in the community, this PTSL program is an activity whose scope includes activities to register land whose implementation is carried out en masse or simultaneously for all land registrants, especially in village area, including collecting and determining the correctness of land registration documents. The objectives of this study include: to find out the role of villages in increasing awareness of land administration order and supporting factors in improving land administration order. Qualitative research method with an empirical juridical approach. The results of this study show that the role of villages in the order of land administration in Jayanegara Village is quite good, with the PTSL program which targets as many as 126 million land plots to be given land rights certificates, in 2022 as many as 102.3 million land plots that have received certificates, the certificate target for 126 million land plots can be realized in 2025. Jayanegara Village achieved land certification with a total of 1,200 land plots, this provides an increase in the number of land that already has certificates. In the implementation of services, supporting factors in improving the order of land administration of the PTSL program include: a good and conducive work environment, the discipline of PTSL officers in completing the PTSL process, the motivation and supervision carried out by the village head.
Legal Challenges in the Implementation of Agrarian Reform in Dayeuhluhur Village, Tempuran District, Karawang Regency Guntara, Deny; Wahyudi, Rikes; Gunawan, Endang Ano; Rahman, M. Rafly Dwi; Dewi, Cindy Aulia; Putri, Shilva Alya; Putra, Daffa Fauzan Hanif Angkoso
Jurnal Hukum dan Keadilan Vol. 1 No. 5 (2024): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i5.208

Abstract

Agrarian reform is an effort to change the structure of control, ownership, use, and utilization of land to achieve social justice and community welfare. However, the implementation of agrarian reform often faces various obstacles, whether technical, social, political, or legal. In Dayeuhluhur Village, legal factors are one of the main obstacles in the implementation of agrarian reform. This research aims to understand how the land administration system is implemented in Dayeuhluhur Village, Tempuran Subdistrict, Karawang Regency, West Java Province. The method used is empirical juridical, which includes interviews and direct observations in Dayeuhluhur Village, as well as data analysis from literature as supporting material. The collected data is then analyzed qualitatively to explain the findings obtained from observations and data recorded in the journal. Data were collected through primary data sources, such as interviews and observations, as well as secondary data sources, such as documents. The results of this study show that the legal challenges in the implementation of agrarian reform in Dayeuhluhur Village, Tempuran Subdistrict, Karawang Regency include unclear land legal status, complicated bureaucracy, inconsistency of regulations, weak law enforcement, and limited access to legal information and education. Overcoming these challenges requires joint efforts from the government, law enforcement officers, and active community participation to create a more just and sustainable agrarian system.
A Criminological Review of Acts of Violence Committed by Children in Connection with Social Learning Theory Naufal, Raden Hisyam Al; Guntara, Deny; Abas, Muhamad
Jurnal Hukum dan Keadilan Vol. 1 No. 5 (2024): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i5.209

Abstract

Acts of violence committed by children, especially in the context of fights between students, are a serious issue that requires in-depth understanding. Recently, the harmony of national and religious life has been disturbed due to clashes that have brought about problems regarding children. Protection of children is the responsibility of parents, families and the surrounding community. The protection given to children is to guarantee and protect children and their rights to be able to live, grow, develop and also be able to socialize in the surrounding environment. The problem is how the criminological review of violent crimes committed by children is connected to social learning theory and how to formulate countermeasures for violent crimes committed by children in Karawang Regency. The research method used in this writing uses a normative juridical approach. The results of this research are that Social Learning Theory is very relevant in reviewing acts of violence from a criminological perspective where in cases that often occur in Karawang Regency, namely brawls between students, apart from that social learning theory can provide relevant insight in understanding brawls between students. that occur in Karawang Regency include 1) Observation and Imitation 2) Environmental Influence 3) Reinforcement and Punishment 4) The role of Schools and Teachers and efforts to overcome acts of violence committed by children in Karawang Regency, namely preventive efforts and repressive actions carried out by the police.
Legal Analysis of Offense: The Hate Speech of Religion And Denominations Syah, Syawal Amirul; Said, Muhammad Fachri; Ramadhan, Muhammad Fauzi
Jurnal Hukum dan Keadilan Vol. 1 No. 4 (2024): JHK-June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i4.211

Abstract

The purposes of this research are 1) to know and analyze the law enforcement for hate speech against religions and denominations in Indonesia, 2) to know and analyze the factors which influence the law enforcement for hate speech against religions and denominations in Indonesia. The research used an empirical method that reviewed the processing and functioning of law in society, specifically analyzing the law enforcement for hate speech against religions and denominations in Makassar, Polrestabes, and Pengadilan Negeri Makassar. The result of this research shows that the law enforcement for hate speech against religions and denominations in Indonesia is still ineffective, with numerous instances of hate speech occurring without any affirmative action from law enforcement agencies. Additionally, the police have been unsuccessful in enforcing the law against hate speech, and there is a lack of regulations governing hate speech against religions and denominations. The society's black-and-white mindset, which separates religious affairs from state affairs, also contributes to this issue. The recommendations are, 1) the apparatus must have an active role to get through the spread of hate speech against religions and denominations, in particular under Circular No SE/ 06 / X /2015 about handling hate speech as a procedure, 2) construct particular rules about speech and preaching involving religion and denominations, 3) create particular rules for hate speech against religions and denominations to determine any hate speech that will be determined.
Termination of Prosecution Based on Restorative Justice At the Kapuas District Attorney's Office Citranu, Citranu
Jurnal Hukum dan Keadilan Vol. 1 No. 5 (2024): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i5.225

Abstract

:  The purpose of this study is to determine the procedure for termination of prosecution through the application of restorative justice at the Kapuas District Attorney's Office and to assess whether the rights and legal interests of victims have been fulfilled in the process. This research uses empirical legal research method by collecting primary data, and secondary data. The results of this study show that the application of restorative justice at the Kapuas State Attorney's Office is in accordance with what is stipulatedin the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The process of terminating prosecution through restorative justice goes through several stages of verification and tiered assessment, starting from the analysis of requirements by the Kapuas District Attorney's Office, further verification by the Central Kalimantan High Prosecutor's Office, to the final decision approved by the Attorney General's Office through the Deputy Attorney General for General Crimes. The fulfilment of the victim's legal rights and interests in the application of restorative justice depends entirely on the victim's consent to the actions taken by the perpetrator. This is important because the fulfilment of the victim's rights is the main condition for achieving peace. If the rights of the victim have been fulfilled, a peace agreement will automatically be born, so that the process of termination of prosecution through restorative justice can be implemented effectively.
Rape of a Minor: Criminal Sanctions and Law Enforcement Efforts Putra Zai, Aca Surya
Jurnal Hukum dan Keadilan Vol. 1 No. 6 (2024): JHK-Oktober
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i6.240

Abstract

Rape that occurs in minors is a form of sexual violence that is increasingly concerning in Indonesia, which has serious impacts on the physical, mental, social development of victims and adverse effects on the child's developmental psychology. Children who experience the crime of sexual intercourse can experience deep trauma because in essence children must receive love and protection. The purpose of this study is to determine the criminal sanctions imposed on the perpetrators and to determine the law enforcement efforts made in dealing with this case. This study uses normative juridical research because this study discusses applicable legal regulations, such as the Child Protection Law and the Sexual Violence Crime Law (TPKS), which regulate the types and severity of punishment for perpetrators of rape. The results of this study indicate that criminal sanctions against perpetrators of child rape can include imprisonment, fines and additional penalties. However, law enforcement efforts face various obstacles, such as limited evidence, social stigma and internal factors of rape victims, in addition, legal protection efforts for children who are victims of rape are still lacking and not commensurate with the losses suffered by rape victims.
Realizing Safe Schools: Legal Strategies in Tackling Violence among Students Medan, Karolus Kopong
Jurnal Hukum dan Keadilan Vol. 1 No. 6 (2024): JHK-Oktober
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i6.242

Abstract

This study aims to analyze various legal strategies that can be applied in dealing with violence in schools, with a focus on stricter prevention and law enforcement efforts. The main objective of this study is to provide policy recommendations that can assist authorities in creating a safer and more supportive school environment for students. The method used in this study is Systematic Literature Review (SLR), which aims to collect, assess, and analyze various relevant literature on violence in schools and legal strategies to address it. Through this approach, the data obtained will provide a clearer picture of the policies that have been implemented and their effectiveness. The results of the study are expected to provide deeper insights into legal steps that need to be strengthened in overcoming violence in schools. In addition, this research also aims to produce recommendations that can be applied by schools, the government, and the community in an effort to create a safer, healthier, and violence-free learning environment.  
Policy Analysis of Juvenile Criminal Law: Between Protection and Enforcement Yanti, Vira
Jurnal Hukum dan Keadilan Vol. 1 No. 6 (2024): JHK-Oktober
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i6.243

Abstract

This research aims to analyze juvenile criminal law policy in Indonesia, focusing on the challenges and opportunities in its implementation, as well as the contribution of restorative justice principles in handling cases of juvenile offenders. The method used is Systematic Literature Review (SLR), which collects and analyzes literature related to juvenile law policy, in order to understand the gap between existing regulations and practices in the field. The results show that although Indonesia has a strong legal foundation, such as Law No. 11/2012 on the Juvenile Criminal Justice System (SPPA), the implementation of this policy is often not in line with expectations. Many children involved in legal offenses still do not receive adequate protection, both in terms of legal assistance and approaches that prioritize rehabilitation. Law enforcers often lack an understanding of children's rights, while coordination between agencies involved in handling children's cases is not optimal. These findings indicate the need to increase understanding of restorative justice and the protection of children's rights, as well as the need to strengthen cooperation between relevant institutions. With a more comprehensive approach, it is hoped that this policy can be more effective in providing protection and opportunities for children to reintegrate. This research also proposes that Indonesian juvenile criminal law policy should consider stronger educational aspects as a preventive measure, as well as integrating restorative justice principles to improve social relations between children, victims and the community.
A Comparative Study of the Laws of Execution of the Death Penalty Against Australian and French Citizens in Narcotics Crimes Pradana, Alifian Maulana Nanda; Mangesti, Yovita Arie
Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i1.251

Abstract

This work analyzes the differences behind the protracted delay in the Serge Areski Atlaoui case which is compared to the case of the two defendants Bali Nine, namely Myuran Sukumaran and Andrew Chan, in the case of the same narcotics crime there is a very clear difference at the time of the inkracht criminal verdict. The purpose of this work is to analyze the urgency behind the moratorium on the verdict of Serge Areski Atlaoui which is different from the verdict on the two defendants Bali Nine. Through this work, two major findings were obtained, the first of which was that the moratorium on the death penalty was motivated by changes in criminal law policy through Law Number 1 of 2023 concerning the Criminal Code which provides a probation period of 10 years for defendants on death row, this was not obtained by the two defendants in the Bali Nine case because they had been executed after the PTUN decision on the lawsuit against the rejection of clemency by the President. The second finding is in the form of major implications after the reharmonization of criminal law provisions in the form of the application of the principles of legal certainty, legal justice and legal usefulness. The findings then gave a conclusion that the enforcement of criminal law against narcotics crimes has been updated by looking at the human aspect.
Effectiveness of Law Enforcement in Eradicating Gambling Crimes Committed Online in Indonesia Harefa, Arianus
Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i1.257

Abstract

The crime of online gambling is currently very worrying and damaging the joints of the life of the Indonesian people. In the development of science and technology, which is quite rapid, it has a negative impact on the reality of people's lives to be used as a means of playing gambling with the aim of making a profit without having to work hard. The impact of online gambling crimes causes social, economic, legal problems, financial losses, damages physical and mental health, disrupts personal and family relationships, and has the potential to commit new criminal acts. For this reason, law enforcement in combating online gambling is very necessary. Therefore, this research uses normative legal research or library research. While the research approach is statute approach, case approach, and conceptual approach. Then, to analyze the data, qualitative data analysis is used descriptively, logically, systematically to answer existing problems. The results show that law enforcement in the eradication of online gambling in Indonesia requires adequate measures through stricter supervision and enforcement of online gambling players, increased cooperation between law enforcement agencies and online platforms to monitor and identify illegal gambling activities, and massive counseling to the public about the risks and negative impacts of online gambling. In addition, to increase the capacity of investigators in addressing online gambling cases through training and skills development should be considered. And providing easier access for the public to report online gambling cases, and also cooperation with the provision of internet services to block illegal gambling sites to assist and prevent online gambling crimes in Indonesia

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