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Referendum
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30630517     EISSN : 30631203     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
jurnal interdisipliner yang menggabungkan kontribusi dari bidang hukum, administrasi publik, dan ilmu komunikasi. Jurnal ini menyajikan artikel-artikel yang menyoroti berbagai aspek hukum, termasuk tetapi tidak terbatas pada isu-isu konstitusi, perundang-undangan, yudisial, administrasi publik, serta teori-teori komunikasi yang terkait dengan sistem hukum dan administrasi publik.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 65 Documents
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Kewarganegaraan dan Hak Politik : Analisis Undang-Undang tentang Hak Pilih Warga Negara di Indonesia Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Lutfi Lailatul Hikmah; Muhammad Fahrurrozi; Muhammad Muhyihuddin Abdul Qodir Jailli
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.289

Abstract

Citizenship is a legal status that gives a person rights and responsibilities as a citizen. Many laws in Indonesia regulate political rights, including the right to vote. One of them is Law Number 7 of 2017 concerning General Elections. Within Indonesia's democratic framework, the right to vote is an important expression of popular sovereignty, allowing voters to actively elect their leaders at both the legislative and executive levels. Fulfilling the right to vote cannot be separated from various technological, political and social difficulties that may have an impact on democracy in Indonesia. Over the last five years, several dynamics have emerged in the enforcement of voting rights regulations, including changes to regulations, election implementation, and the application of digital technology to increase election transparency and accountability. Despite the implementation of legal and technological reforms, there are still challenges in verifying permanent voter lists, especially for vulnerable groups such as people with disabilities and those living in remote locations or abroad, which continues to hinder efforts to tackle disinformation and hoaxes on social media. This research examines the political rights of Indonesian individuals, especially regarding their right to vote in general elections as regulated by law. The right to vote is one manifestation of political participation that is recognized internationally and guaranteed in various national legal instruments.
Pancasila dan Hukum Tata Negara untuk Menjaga Keseimbangan Antara Kebebasan dan Ketertiban Publik Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Dealova Rizki Meilana; Septiana Qholi Syainiah; Iftitah Naura Az Zahra; Afizal Fajariyadi
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.309

Abstract

This journal discusses the role of Pancasila in maintaining the balance between individual freedom and public order in Indonesian constitutional law. Pancasila, as the state foundation and ideology of the nation, occupies a central position in the formation of the legal system in Indonesia and serves as the source of all sources of law. In the context of constitutional law, Pancasila regulates how individual freedom is recognized as a constitutional right that is not absolute, but must be balanced with social responsibility and certain restrictions in order to maintain public interest and public order. This discussion highlights the challenges faced in maintaining this balance. This journal also provides suggestions for strengthening the normative foundation consistent with Pancasila, applying the principle of proportionality, strengthening the check and balance mechanism, and increasing public participation and legal education. Through the Historical Approach method, it is expected to examine the development of the rule of law and the principles of Pancasila from the past to the present.
Kewarganegaraan dan Kemiskinan : Kebijakan Pemerintah dalam Mengatasi Kemiskinan di Kalangan Warga Negara Asing Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; M Aufa Mujtaba; Nur Azizah Choirun Nisa; Nanda Ambika Fatikasari
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 3 (2024): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i3.320

Abstract

Poverty among foreign nationals is an increasingly pressing global issue that is often overlooked in public policy. This study examines government policies designed to address poverty among migrants and refugees and their impact on their economic well-being. The main focus of the study is to highlight the effectiveness of different policy approaches that have been implemented in different countries and identify best practices that can be adapted to different national contexts. Through an analysis of existing policies in several countries, including Germany and Canada, and relevant case studies, the study finds that approaches based on social and economic integration, employment, and direct assistance can play a significant role in reducing poverty among foreign nationals. The results show that policies that involve collaboration between governments, non-governmental organizations, and local communities are often more effective in achieving the desired outcomes. This study aims to provide evidence-based recommendations for future development policies that are more inclusive and effective. In doing so, it is hoped that this study will contribute to improving the economic well-being of foreign nationals and assist governments in designing policies that are more responsive to the needs of this group.
Keabsahan Scientific Crime Investigation sebagai Alat Bukti dalam Proses Pembuktian Perkara Pembunuhan Isti Puspitasari
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.325

Abstract

The purpose of this research is to examine and analyze the validity of scientific crime investigation as evidence in the process of proving murder cases and what are the advantages and disadvantages of using the scientific crime investigation method in crime scene processing carried out by forensic laboratories. Then the method used in this research is the normative legal research method. The results of the study show that the scientific crime investigation method, which is expressed in concrete form through forensic laboratory examinations and information from police forensic experts, is the central point. In connecting the relationship between the perpetrator, victim and evidence with the crime scene, the construction of evidence for a criminal act becomes stronger and can give confidence to the judge in deciding a case fairly and in accordance with the actual facts. In the case of the crime of murder with poison, the statements of the witnesses and the statements of the two defendants were linked and interconnected with each other after the scientific crime investigation method was applied; The advantages and disadvantages of using scientific crime investigation methods in crime scene processing carried out by forensic laboratories include. The advantages and disadvantages of using scientific crime investigation methods in crime scene processing carried out by forensic laboratories include: (1). The advantage of implementing scientific crime investigation is that uncovering cases using old methods full of violence, intervention, etc. has been abandoned. (2) Fast, precise and accurate inspection supported by special tools that have been internationally standardized, (3) Minimizing errors made before SCI implementation (manual patterns replaced with digital patterns). Meanwhile, the weaknesses are: Internal side of the SatKer (Work Unit): the number of human resources who supervise and understand the use of Special Tools (Alsus) is limited, the special equipment, both primary and secondary, is expensive. If we look at the human resources that this country has, it should be enough to assist the Forensic Laboratory team in supervision and are people who understand the special tools that support the performance of the Forensic Laboratory. Apart from that, the government should be more respectful of the procurement of these special tools, even though not everyone has to always use these special tools. However, these tools are very useful for the smooth running of investigations and/or investigations. Because the resulting examination data is much more detailed and accurate.
Analisis Yuridis Tanggung Jawab Tenaga Kesehatan Terhadap Pengesampingan Hak Peserta Jaminan Kesehatan Nasional Ditinjau Berdasarkan Hukum Positif Indonesia Felen Felen
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.327

Abstract

In line with the concept of a welfare state, Indonesia, as a country, is obligated to implement and ensure the welfare of its citizens, including in the national healthcare sector. To ensure the inclusivity of national health coverage, the government, through the BPJS Kesehatan agency, has established the National Health Insurance (JKN) program, which is mandatory for all citizens, as stipulated in Indonesian legislation. However, the effort to achieve inclusivity may become biased if there is no clear regulation regarding the rights of participants and the obligations of healthcare providers, who play a crucial role in this process. Under Indonesian positive law, the rights of JKN participants are thoroughly regulated, as are the obligations of healthcare providers. However, based on observed phenomena, there are still violations of these obligations by healthcare providers, leading to the neglect of participants' rights. This research aims to raise awareness among stakeholders and provide a foundation for future research. The type of research used in this paper is normative legal research, which focuses on the analysis of legal norms.
Analisis Peran Lembaga Negara dalam Penegakan HAM di Indonesia Adinda Melisa Putri; Alya Deska Safira; Auliah Ramayani; Muhammad Rifky Rizani; Muhammad Dandy Pratama; Sayit Bandung Bondowoso
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.331

Abstract

This paper is intended to analyze how institutions play a role as government institutions in upholding human rights, which focuses on human rights enforcement as reviewed from the performance of Komnas HAM institutions, the Ombudsman and other institutions, as well as the challenges faced in upholding human rights advocacy in Indonesia. Human rights problems are not a new problem in Indonesia, the many human rights violations in Indonesia if this problem continues to be left without evaluation and solutions, it will result in prosecution to the Government in order to solve the existing problems. Even after the reform, human rights violations continue to occur and are signaled in Indonesia, proving the inadequacy of the role of State Institutions to solve problems of human rights violations in Indonesia and ensure real security and protection of justice for the Indonesian people.
Penegakan Hukum Terhadap Tindak Pidana Perjudian Online dari Perspektif Hukum Informasi dan Transaksi Elektronik (Studi Kasus Kota Kupang) Akbar Nur Wijaya Asra; Bhisa V. Wilhelmus; Deddy R. Ch. Manafe
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.348

Abstract

One of the negative impacts of the internet is online gambling, which previously people only played gambling games in the usual way. Gambling has been around on this earth for thousands of years and is the oldest game in the world. In essence, gambling is behavior that violates religious, ethical, moral and legal norms and endangers the livelihood of the community and the life of the community, nation, and state. This research was carried out in Kupang City, precisely at the Kupang City Resort Police. This research is an empirical legal research, which is carried out by looking at the reality that exists in field practice. This approach is also known as a sociological approach that is carried out directly in the field. The data were analyzed in a descriptive-qualitative manner. Based on the results of the research that has been carried out, it is obtained that: (1) Law enforcement efforts against perpetrators of online gambling crimes, including: (a) The application of criminal sanctions for perpetrators of online gambling crimes in accordance with applicable laws and regulations. (b) Strict action to take legal action against the perpetrators of online gambling crimes. (2) Factors that are obstacles in the process of handling online gambling crimes, include: (a) Obstacles to law enforcement, (b) Lack of awareness and concern from the public, (c) Server factors located outside the Kupang City area, (d) Inadequate facilities and infrastructure, (e) Difficulty in collecting evidence. The author's suggestion is to tackle online gambling crimes, not only by relying on the role of the Police, but also the need for participation from the community. The public should not be closed and more open in providing information and reports to the Police regarding gambling crimes that occur around the area where they live.
Polemik Hak Cipta Lagu Dewa 19 : Konflik Hukum Antara Ahmad Dhani dan Once Mekel Mohamad Daniel Hokon; Nisa’anida Ainur Rosyidah; Nurita Putri Ramadani; Putri Candraningtyas; Emma Yunika Puspasari
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.349

Abstract

Copyright is a right that provides protection for intellectual works in the fields of literature, writing, science and art. This research discusses the issue of copyright infringement that arises between Ahmad Dhani as the creator and copyright holder of songs belonging to the music group Dewa 19 and the former vocalist of Dewa 19, namely Once Mekel. The problem arose because Once Mekel had sung and performed Dewa 19 songs several times without permission to Ahmad Dhani. Both parties have different points of view regarding the obligation to use the song's copyright. This research aims to analyze copyright violations based on Law Number 28 of 2014 and examine the settlement achieved through mediation between the two parties. This research uses a normative legal approach with case studies. Therefore, singing songs without permission and without paying royalties is a violation of copyright and economic rights. Even though there were differences in interpretation of the provisions of copyright law between the two parties, they were decided through mediation. It is hoped that this research will be able to provide more comprehensive insight regarding the principles of song copyright and legal protection mechanisms in Indonesia.
Perlindungan Hukum Barang Milik Daerah (BMD) Yakni Tanah dan Bangunan dalam Perjanjian Pinjam Pakai : Analisis terhadap Kasus Komite Olahraga Nasional Indonesia Kabupaten Sumenep: Indonesia Nany Amellia Nurfadiah; Ansori Ansori
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.351

Abstract

This research aims to analyze the legal aspects contained in loan-to-use agreements related to the use of regional property, especially land and buildings. In addition, this research aims to evaluate the implementation of Minister of Home Affairs Regulation (Permendagri) number 19 of 2016 concerning Guidelines for Management of Regional Property which has undergone changes through Home Affairs Government Regulation number 7 of 2024 concerning Amendments to Permendagri number 19 of 2016 concerning Property Management Regionally Owned. Furthermore, this research also aims to identify the terms and conditions governing the use of regional property in the Borrow-Use Agreement for regional assets in the form of land and buildings proposed by the Indonesian National Sports Committee, Sumenep Regency. The method used in this research is a qualitative research method with a focus on empirical legal research. The research results indicate that the Indonesian National Sports Committee is not included in the legal subjects regulated by the Borrow-Use Agreement for Regional Property. This is due to the character of KONI which is a non-governmental organization. In practice, KONI cannot implement loan-to-use agreements on regional assets; However, KONI still has the opportunity to enter into an agreement to utilize other regional assets.
Isu HAM dalam Penegakan Hukum di Indonesia: Analisis Kasus Penanganan Tindak Pidana Terorisme Berdasarkan Hukum Nasional dan Internasional : (Studi Kasus Bom Bali I dan II) Keysha Alea Azzahra; Sarah Zahira; Reita Ananta; Muhammad Arief Nurrachman; Dwiki Darmawan; M Athaullah Abhinaya
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.354

Abstract

The Bali Bombings I on October 12, 2002, and Bali Bombings II on October 1, 2005, were major terrorist attacks that shook Indonesia and the international community. This study aims to analyze the chronology of these events, the national and international legal perspectives on handling terrorism cases, and the efforts of the Indonesian government in law enforcement. Through a national and international legal approach, this research identifies the challenges faced in enforcing the law against terrorism suspects, especially concerning the application of human rights principles. The findings indicate that while significant law enforcement efforts have been made, legal application still needs to be aligned with international legal developments and respect for human rights.  

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