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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 91 Documents
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Analisis Hukuman Mati dalam Kasus Tindak Pidana Korupsi ditinjau dari Prespektif Hak Asasi Manusia Erick Suprianto Nahusona; Vincent Anderson Simanjuntak; Gan Godsend
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 1 (2025): Maret : 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.v2i1.483

Abstract

Thel delath pelnalty has beleln a folrm olf punishmelnt sincel ancielnt timels and has belcolmel an intelnsel colnvelrsatioln amolng elxpelrts belcausel olf thel colntradictolry valuels helld by its suppolrtelrs and olppolnelnts. This study appliels a nolrmativel lelgal relselarch approlach tol asselss thel implelmelntatioln olf thel delath pelnalty in colrruptioln casels frolm thel pelrspelctivel olf human rights proltelctioln. In this study, thel data analysis melthold useld was qualitativel data analysis with a delscriptivel approlach. Thel usel olf thel delath pelnalty as a sanctioln folr colrruptioln is thel molst elxtrelmel folrm olf punishmelnt folr pelrpeltratolrs olf such crimels, belcausel it invollvels taking livels as a relsult olf thelir actiolns. Thel applicatioln olf thel delath pelnalty is colnsidelreld tol viollatel human rights, as stateld in articlels 28A and 28I olf thel 1945 Colnstitutioln, Articlel 4 and Articlel 9 olf Law Nol. 39 olf 1999, and articlel 3 olf thel UDHR. Thel implelmelntatioln olf thel delath pelnalty in colrruptioln casels sparkeld delbatel frolm a human rights pelrspelctivel. Solmel arguel that such melasurels arel colntrary tol human rights, particularly thel right tol lifel.
Budaya Perkawinan dalam Bentuk Pemaksaan Perkawinan Vs Tindak Pidana dalam Lingkup Perkawinan Menurut Perspektif Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual Ery Kurnia; Albar Aliyyus
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 1 (2025): Maret : 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.v2i1.518

Abstract

Marriage in Indonesia's indigenous peoples has strong cultural values and has been passed down from generation to generation. However, in practice, there are several forms of customary marriage that have the potential to contradict the applicable positive law, especially related to coercive actions in marriage. This study aims to identify and analyze the implementation of marriage culture in the form of forced marriage/captive marriage which is contrary to Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) that occurs in Sumba, East Nusa Tenggara. This study uses a descriptive qualitative method with a normative juridical approach, this study explores the content of the articles of the Marriage Law, the Criminal Code, and the TPKS Law. In the Indonesian legal system, marriage must meet the elements in the laws and regulations. However, in practice, the traditional marriage culture in Sumba has the potential to lead to forced marriage carried out by men where women are in a vulnerable position. Article 4 paragraph (1) of the TPKS Law clearly states that forced marriage is a form of sexual violence, which can be subject to criminal sanctions in accordance with Article 10 of the TPKS Law. Based on the results of the research, the cultural implications or impacts of forced marriage are the lack of justice, usefulness and legal certainty, so concrete steps are needed in the form of firmer law enforcement and the need for collaborative support from law enforcement officials and legal education for indigenous peoples so that these practices can be minimized and women's rights in marriage can be optimally protected.
Efektivitas Pemenuhan Putusan Restorative Justice: LPSK sebagai Instansi Pengawas Tawang Amuhara Martha; Rexy Meidi Putra
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 1 (2025): Maret : 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.v2i1.519

Abstract

In Indonesia, restorative justice has begun to receive serious attention, as evidenced by the issuance of several regulations to support its implementation. One of these is the Juvenile Criminal Justice System Law, which incorporates the spirit of restorative justice into efforts to resolve cases involving children through the Diversion mechanism. However, despite the existence of supporting regulations, the implementation of restorative justice in Indonesia still faces various challenges. The purpose of this article is to examine the effectiveness of fulfilling restorative justice in Indonesia. The research results indicate that there are still several shortcomings in the enforcement of restorative justice. Additionally, there is a need for an institution capable of overseeing the implementation of non-litigation processes. The Witness and Victim Protection Agency is considered to have a strong position to act as a supervisor for restorative justice due to its alignment with its duties and functions.
Perbandingan Pengaturan Percobaan (Poging) Tindak Pidana Antara KUHP Lama dan KUHP Baru Fiba Demada
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 1 (2025): Maret : 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.v2i1.520

Abstract

Currently, the Draft Criminal Code has been passed into Law No. 1 Year 2023 on the Criminal Code during the plenary session of the House of Representatives, 6 December 2022. In the New Criminal Code, attempted criminal offence is also reformulated. This research aims to compare the regulation of attempted criminal offence between the Old and New Criminal Code. This research uses normative juridical method. This research found that the differences between the Old and New Criminal Code are: First, the definition of attempted criminal offence. Second, the criteria on the ‘commencement of execution’ of attempted criminal offence. Third, criminal sanctions. Fourth, the condition that the attempt is not criminalised after the perpetrator has commenced the execution. Fifth, the regulation of ‘qualified attempt’. Sixth, the requirements for attempted criminal offences that are not punishable. While the similarities are: First, both regulate the maximum imprisonment of fifteen years for attempted criminal offences whose principal criminal offence is punishable by death or life imprisonment. Second, both regulate that the additional punishment for attempted criminal offences is the same as the additional punishment for the main criminal offence.
Pelanggaran dan Penyebab Permasalahan Hak Cipta Serta Pembayaran Royalti Lagu di Indonesia Christopher Nahum Prama Muda; Albertus Sentot Sudarwanto
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 1 (2025): Maret : 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.v2i1.535

Abstract

Copyright of songs or music has proven to be able to open up almost limitless financial opportunities. It is difficult to determine how much a song is used for commercial purposes by parties other than the original creator. A major challenge in the music industry is the fair and transparent distribution of copyright royalties for songs. To address this issue, it is important to explore international best practices and case studies that reveal successful royalty distribution models and technology-based solutions for accurate tracking and payment. Important aspects of a fair and transparent royalty distribution model include transparency in revenue sharing, fair allocation based on popularity and usage of songs, and simplification of the royalty collection process through technology. The research method used is normative legal research. This research is prescriptive and applied. The method of collecting legal materials is by means of literature study and the legal materials used are primary legal materials and secondary legal materials. This study evaluates the effectiveness of the implementation of Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021. This study also identifies the legal, technical, and social challenges faced in protecting the rights of songwriters and ensuring fair royalty payments.
Tinjauan Yuridis Terhadap Ganti Rugi Tanah Untuk Pembangunan Kepentingan Umum Antara Pemilik Tanah Dengan Pemerintah Kabupaten Rote Ndao : Studi Putusan Nomor 46/Pdt.G/2021/Pn Rno Risal Ariyanto Lilo
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 1 (2025): Maret : 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.v2i1.537

Abstract

Land acquisition is an activity to provide land by providing adequate and fair compensation to the entitled party, either in the form of money, replacement land, resettlement, share ownership, or other forms agreed by both parties. The issue of compensation is one of the disputes that must be resolved in court and takes quite a long time. This study aims to determine how the judge's considerations are in decision Number 46 / Pdt.G / 2021 / Pn Rno and to find out the legal consequences for both parties in decision Number 46 / Pdt.G / 2021 / Pn Rno. This research is a normative legal research. Normative legal research, or legal research, is generally based on document studies by relying on legal sources such as laws and regulations, court decisions, legal theories, and expert opinions. The object of research in this writing focuses on a case study of a court decision with case number 46 / Pdt.G / 2021 / Pn Rno. The results of the study indicate that the unlawful act case filed at the Rote Ndao District Court has been implemented. The case has been decided fairly by the judge without harming either party/ so that the defendant, as the losing party, is obliged to pay compensation to the plaintiff and in return the plaintiff surrenders his land to be used as a regional government asset in the context of public services for the Rote Ndao community. Based on this, both parties should coordinate and involve related parties to find a bright spot. The government is also expected to be able to socialize the compensation case to the community. This is useful to prevent legal problems from arising in the future.
Kajian Hukum Tata Negara terhadap Penyimpangan Kewenangan Mahkamah Konstitusi dalam Putusan Nomor 112/PUU-XXI/2023 Gunawan Widjaja; Songga Aurora Abadi; Sukh Pawen Jit Kaur
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): 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.v2i3.967

Abstract

The Constitutional Court's decision No. 112/PUU-XX/2022, which changed the term of office for the leadership of the Corruption Eradication Commission (KPK) from four years to five years, has sparked controversy in the realm of Indonesian constitutional law. The Constitutional Court, which is supposed to act as a negative legislator, is considered to have exceeded the limits of its authority by establishing new norms in its decision. This research aims to analyze whether the action is a form of deviation of the Constitutional Court's authority referring to the 1945 Constitution and Law Number 24 of 2003 concerning the Constitutional Court. This research uses a normative juridical method with a descriptive-analytical approach through a literature study of regulations, scientific journals, and other legal sources. The research findings indicate that the Constitutional Court not only declared Article 34 paragraph (1) of the KPK Law contrary to the 1945 Constitution, but also stipulated a direct change in the term of office to five years, including for the current KPK leadership. This action is considered a form of judicial activism that deviates from the principle of separation of powers and the principle of non-retroactivity of law. In conclusion, the Constitutional Court's decision creates legal uncertainty, opens space for politicization of the judiciary, and sets a negative precedent in Indonesia's constitutional system. Therefore, it is necessary to reaffirm the limits of the authority of the Constitutional Court in order to remain within the framework of constitutional law that upholds the principle of checks and balances at all times.
Analisis Kasus Kapal Run Zeng 03 di Indonesia : Implementasi Prinsip Common But Differentiated Responsibilities (CBDR) dalam Illegal Fishing Lintas Negara Siti Amalia Agustin
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): 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.v2i3.969

Abstract

Indonesia is an archipelago rich in aquatic resources that include various types of fish resources and coral reef ecosystems. However, the sustainability of these resources is increasingly threatened by the irresponsible actions of some parties, one of which is the act of Illegal Fishing. Illegal fishing is very detrimental to the country, not only damaging vulnerable fish populations, but also causing economic losses and even social impacts on society. The case of Run Zeng 03 is one of the illegal fishing cases in Indonesia, which has been fishing illegally in Indonesia's Exclusive Economic Zone since January 12, 2024. The Russian-flagged foreign vessel was arrested on May 19, 2024 in the Arafura Sea. The principle of Common But Differentiated Responsibilities (CBDR) can be applied in handling cross-border illegal fishing. The Run Zeng 03 ship itself has caused great losses to the countries in its area of operation. Whereas, the CBDR Principle emphasizes cooperation between countries to integrate in achieving common goals, despite having different responsibilities. In addition to establishing international coordination and cooperation, Indonesia itself must improve internal supervision and protection in handling these illegal fishing cases.
Rekonstruksi Pengaturan Tanggung Jawab Sosial dan Lingkungan Perseroan Terbatas Mendukung Sustainable Development Goals Berdasarkan Peraturan Pemerintah Nomor 47 Tahun 2012 Ayuda Wisnu Anggoro; Albertus Sentot Sudarwanto
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): 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.v2i3.987

Abstract

This study aims to examine and provide solutions to legal issues arising from TJSL regulations in Indonesia. In addition, this study aims to examine the reconstruction of TJSL regulations for limited liability companies in support of SDGs based on Government Regulation No. 47 of 2012. This research is a type of legal research. It analyzes the relationship between legal rules and recommends changes to deficiencies in regulations. This research is prescriptive in nature. It uses a legislative approach. In addition, this research uses a conceptual approach. Based on this research, it was found that legal issues arising from TJSL regulations in Indonesia exist in various aspects. There are various legal issues arising from TJSL regulations in Indonesia, such as inconsistency and fragmentation in regulations, unclear sanctions, and the absence of a special body or institution to oversee TJSL. The government, in this case the president, needs to reconstruct TJSL regulations by establishing a thematic TJSL program that integrates the 17 SDGs into the TJSL program. The reconstruction of TJSL regulations must be carried out in PP 47/2012 by establishing thematic TJSL programs to ensure the implementation of TJSL is targeted and supports the achievement of the SDGs.
Peningkatan Peran “Konsiliasi” dalam Alternatif Penyelesaian Sengketa di Indonesia Wagiman Wagiman; Sukh Pawen Jit Kaur
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): 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.v2i3.988

Abstract

Conciliation is one form of Alternative Dispute Resolution (ADR) that holds great potential for resolving disputes efficiently, participatively, and peacefully outside the courtroom. However, in the Indonesian legal practice, the role of conciliation remains limited and is less popular compared to mediation and arbitration. The main obstacles hindering the development of this mechanism include low public and legal practitioners' awareness, the absence of adequate technical regulations, and the lack of professional conciliation institutions. In fact, conciliation aligns well with Indonesia's legal culture that emphasizes deliberation and consensus. The purpose of this article is to examine the effectiveness of the legal framework for conciliation in Indonesia, identify the barriers to its implementation, and formulate strategies to strengthen conciliation within the national legal system. This study employs a normative juridical method with a statutory and doctrinal approach, complemented by analysis of applicable legislation and legal literature. The findings reveal that conciliation lacks a strong and operational legal framework. The absence of procedural standards, supervisory mechanisms, and training systems for conciliators hampers its effectiveness. On the other hand, conciliation has great potential to reduce the burden on courts, expedite dispute resolution, and preserve good relationships between parties. The article concludes that a comprehensive legal reform is urgently needed, including specific regulations, the establishment of independent conciliation institutions, and public education, so that conciliation can play a strategic role in the national dispute resolution system.

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