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Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30319714     EISSN : 30319730     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Topics of interest in the Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 171 Documents
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Pengelolaan Kehutanan di Tinjau Berdasarkan Undang-Undang No 41 Tahun 1999 Menyoroti Aspek-Aspek di dalam Hukum Administrasi Negara Vanessa Uli Sembiring; Salwa Sabrina; Wan Mahrani Sembiring; Muhammad Hafis Faisal; Taufiq Rahmadhan
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.278

Abstract

State Administrative Law is a legal regulation regarding administration in a country, where the relationship between citizens and their government can run well and safely. In forest management, the need for permits is based on absolute legal provisions which have aspects that must be fulfilled beforehand and regarding the boundaries of each activity in managing forests, the government agrees to supervise them based on Law no. 41 of 1999 concerning Forestry Article 31 paragraph (1) To ensure the principles of justice, equity and sustainability, forest utilization business permits are limited by considering forest sustainability aspects and business certainty aspects. The aim of the research is to determine aspects of forest management. The research method used in this research is literature study by collecting data through articles, the web, books and other sources. The results of the discussion of this research are that forest utilization business permits are limited by considering forest sustainability aspects and business certainty aspects, where these aspects are determinants in managing forests which have been considered previously. The meaning of forest sustainability aspects and business certainty is contained in Article 31 Paragraph (1). What is meant by forest sustainability aspects includes: a. environmental sustainability, b. production sustainability, and c. implementation of social and cultural functions that are fair, even and transparent. What is meant by aspects of business certainty include: a. area certainty, b. certainty of business time, and c. certainty of business legal guarantees.
Analisis Yuridis Tentang Sengketa Pemilu Terhadap Pelaksanaan Sistem Informasi Rekapitulasi (SIREKAP) Yang Terindikasi ‘Defect’ Pada Pemilu Tahun 2024 Yang Berpotensi Merugikan Bakal Calon Presiden Akhsan Firly Saetriyan; Intan Syahrani; Melisa Nurdiana; Muhamad Rizal Fauzan; Novira Putri Rustandi; Salwa Yurisha
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.283

Abstract

The Recapitulation Information System, known as SIREKAP, launched by the General Election Commission of the Republic of Indonesia, is an election tool based on the latest technology to receive and manage manual vote counting of general election results which are converted into digital data. The Recapitulation Information System (SIREKAP) is the starting point in the process of transitioning election administration from manual to digital, which will ensure that elections in Indonesia can be held effectively and efficiently in the future, so that elections and democracy will look better. Through SIREKAP, this long process can be shortened, costs can be reduced, disputes can be extended and resolved more quickly, and elections can be conducted in a more environmentally friendly manner. However, this has many challenges and risks that must be taken seriously. SIREKAP is also vulnerable to election data security problems due to system hacking or data manipulation which could endanger the integrity of election results, especially in the 2024 General Election for Presidential and Vice Presidential Candidates.
Bentuk Penanganan Bawaslu Terhadap Pelanggaran Netralitas ASN Aldan Syaifullah Alulu
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.315

Abstract

This research aims to find out the role of Bawaslu in creating honest and fair elections in Gorontalo Province and how Bawaslu handles violations of ASN neutrality. In this research, the type of research used is normative-empirical research. This type of research is used because of the compatibility between theory and research methods that researchers need in preparing this research proposal. Bawaslu's role in creating honest and fair elections in Gorontalo province is: carrying out outreach and supervision. Bawaslu's form of handling violations of ASN neutrality is to conduct an inspection and forward it to the State Warden Apparatus Commission (KASN). In handling violations of ASN neutrality, Bawaslu receives reports from the public and makes recommendations to KASN if violations are found. "From KASN, a recommendation will then be made to the PPK (Personnel Development Officer). If the KASN recommendation is not implemented by the PPK, then BKN can make a penalty
Hukum Yang Mengatur Tentang Kesetaraan Hak Para Penyandang Disabilitas di Masyarakat Luas: Bagaimana Implementasinya? Alief Addzakir; Dhivaa Azka Ismaila Putri Djaelani; Rikku Rahma Ayu Prawira; Saomy Dian Supratman; Maulia Depriya Kembara
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.336

Abstract

The implementation of equal rights for persons with disabilities in Indonesia still needs to be improved. This is a challenge for us as Indonesian citizens to realize equal rights, especially for persons with disabilities. This article was prepared to explore the public's knowledge of persons with disabilities, including the rights that they must obtain. This article was also compiled with the hope of increasing public awareness of the importance of equal rights for persons with disabilities. The researcher used a qualitative method with a survey approach to the wider community, which targeted students at SMAN 25 Bandung. Researchers conducted socialization activities and discussions to find out how the wider community's knowledge about people with disabilities, and the urgency of accessibility for them because this is also one of the processes to implement these laws. It was found that the community already knows what people with disabilities are but there is still a stigma that arises against them. In the environment, there are still many people who feel reluctant or even afraid when facing people with disabilities, so the process of implementing equal rights for them is hampered. Therefore, it is important to give people an understanding of how crucial equal rights are for people with disabilities. They do not need to be fixed or cured, they just need to be accepted for who they are and not treated differently from the rest of society.
Hak Asasi Manusia dalam Sistem Politik Indonesia: Antara Konstitusi dan Realitas Fauziah Indriani; Putri Athena Maharani Tanu; Shakila Ayu Dwi Lestari; Stevani Anekhe Dwinita Karo
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.337

Abstract

Human rights in the Indonesian political context show a discrepancy between the principles set out in the constitution and their implementation on the ground. While the Indonesian constitution guarantees fundamental rights, various institutional, political and cultural barriers often prevent their effective implementation. This research investigates the dynamics of human rights in the Indonesian political system, highlighting the gap between constitutional norms and their application in practice. Through the analysis of various legal documents and human rights case studies, this article identifies key challenges in the enforcement of human rights in Indonesia. The main results show that while Indonesia's constitution clearly guarantees a range of human rights, there are institutional, political and cultural barriers that hinder the implementation of these rights. The article provides policy recommendations to strengthen human rights protection, including legal reform and capacity building of law enforcement agencies. It discusses the protection of human rights in the Indonesian constitution, its implementation in political practice, as well as cases of violations that have occurred. The Indonesian Constitution guarantees human rights through various provisions listed in the 1945 Constitution, including civil, political, economic, social and cultural rights. However, the implementation of human rights in political practice often faces challenges, including corruption, abuse of power, and discriminatory policies. Various cases of human rights violations, such as arbitrary arrests, violence against minorities, and labor rights violations, show the gap between law and practice. Various parties, including the government, non-governmental organizations, civil society, and the international community, play an important role in protecting and promoting human rights in Indonesia. Effective cooperation between these various parties is needed to ensure respect and protection of human rights in all aspects of national life.
Peranan Penyidik Bea Dan Cukai Dalam Pemberantasan Tindak Pidana Penyelundupan Pakaian Bekas: Studi Kasus Di Kantor Pengawasan Dan Pelayanan Bea Dan Cukai Tipe Madyan Atambua Imelda Rosari Bau; Deddy R.C Manafe; Rosalind Angel Fanggi
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.342

Abstract

Smuggling of used clothes is a criminal act that is still a serious problem in Indonesia.This is certainly a concern from various parties, especially Customs and Excise as an agency that has duties and responsibilities in the field of Customs. Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 gives authority for Customs and Excise to carry out their roles in accordance with the scope of duties and functions carried out. However, in practice in the field, cases of smuggling of used clothes continue to be found, one of which is in the Atambua City area This research uses an empirical juridical research method, which is a study that directly examines the phenomenon of smuggling used clothes that occurs in the field, as well as the role of Customs and Excise investigators and the obstacles of Customs and Excise investigators in eradicating the smuggling of used clothes by conducting an interview with the Head of the Atambua Customs and Excise Office, Head of the Atambua Customs and Excise Enforcement and Investigation Section, Atambua Customs and Excise Investigator Members and the public who are consumers and sellers of used clothes. The results of the study showed: (1) The role of Customs and Excise investigators in eradicating the crime of smuggling used clothes in the Atambua City area includes preventive measures, namely socializing to the public about the smuggling of used clothes and conducting patrols. (2) The obstacles experienced by Customs and Excise investigators in eradicating the crime of smuggling used clothes in the Atambua city area include the breadth of the surveillance area, accessibility, the high interest of the Atambua community in consuming used clothes, law enforcement factors where there are still law enforcement personnel involved in smuggling, facilities or facilities where the number of transportation and investigator members is still minimal, community factors where there is still a lack of sensitivity and community participation in eradicating the smuggling of used clothes in the Atambua city area.
Tindak Pidana Pengangkutan Batu Hitam Secara Ilegal Difa Mauizhah Aulia Tayeb; Lisnawaty W Badu; Nuvazria Achir
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.352

Abstract

This research discusses the causes of the crime of transporting black stone in the jurisdiction of the Gorontalo Regional Police and efforts to overcome it. The method used in the research is empirical with qualitative descriptive data analysis which describes and describes data and field facts. Based on research results, Gorontalo is in 5th position in the province with the highest poverty; and The lack of public understanding and knowledge regarding mining, where the lack of public knowledge, influences the existence of illegal mining. This situation is based on a lack of education and understanding as the main factors in the community's decision to carry out illegal mining actions, including a lack of socialization and legal education to the community. The prevention of criminal acts of transporting black stone by the Gorontalo Regional Police is carried out through initial efforts made by the police, in this case the Gorontalo Regional Police, namely visiting or visiting the community and providing advice regarding mining activities. Apart from that, conduct patrols in mining areas for early handling, especially checking permits for heavy vehicles used in mining areas, including transport vehicles. Not only that, legal counseling and socialization is also carried out to the community as a first step in overcoming this criminal act; and Repressive Efforts by taking action against the perpetrators, in order to have a deterrent effect. This step is carried out through investigations, inquiries and other coercive measures authorized by law, which end with the application of criminal sanctions against the perpetrators.
Upaya Perlindungan Hukum Terhadap Anak Sebagai Korban Penganiayaan Dalam Rumah Tangga Jhon Jeffri Simarmata; Tardip Panggabean; M.Wira Utama
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.370

Abstract

Legal protection for children who are victims of domestic abuse is an issue that requires serious attention in the legal system. Children who experience abuse in the domestic environment are vulnerable to long-term physical, psychological and emotional impacts. This article discusses legal protection efforts that can be taken to protect children who are victims of domestic abuse. This research explores the international and national legal framework that regulates children's rights and their protection, and focuses on legal instruments that can be used to address this problem. Through a normative legal analysis approach, this article outlines various steps that can be taken by relevant institutions and authorities to ensure strong protection for children who are victims of domestic abuse. Some of the recommended steps include increasing public awareness regarding children's rights, strengthening cooperation between child protection agencies, the police, and the justice system, as well as expanding the definition and enforcement of laws related to domestic abuse. This article also reviews challenges that may arise in the implementation of legal protection efforts, including underreporting of cases, stigmatization, and imbalances in access to justice. Therefore, integrating a multidisciplinary approach and providing psychosocial support to child victims is also an important focus in overcoming this problem. By integrating legal, social and psychological perspectives, this paper concludes that legal protection for children who are victims of domestic abuse requires a comprehensive approach involving various stakeholders. Only through concerted efforts to strengthen the legal framework and its implementation, and ensure equitable access to justice, can children be effectively protected from the impacts of abuse in the domestic context.
Analisis Putusan Nomor 467/K/AG/2017 Tentang Pembatalan Hibah Dari Orang Tua Terhadap Anak Perspektif Maṣlaḥah Mursâlah Rasyid Siddiq; Dhiauddin Tanjung
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.390

Abstract

This research aims to examine more deeply the cancellation of gifts made by parents to their children, as regulated in Article 212 of the Compilation of Islamic Law, where gifts cannot be withdrawn, except for gifts from parents to their children. This research uses a study of decision number 467/K/AG/2017 to see whether the panel of judges applies article 212 of the Islamic law compilation to apply the rules of Ushul. This research is qualitative research with a normative juridical approach. The results of this research show that the panel of judges attempted to prioritize the benefit in accordance with the Maṣlaḥah concept put forward by Al-Ghazâlî, both at the Al-darûrât, al-hâjat and al-tahsinî levels, but the panel of judges did not directly quote the rules of ushul and prioritized the rules with a different orientation but with the aim of fulfilling the benefit of the parties involved in the lawsuit, both at the level of preserving offspring (Hifz al-Nasl) and preserving property (Hifz al-Mal) in accordance with the objectives of the syara' (maqāṣid al-syarīah).
Analisis Dampak Live Music Dan Atmosfer Kafe Terhadap Kepuasan Pelanggan Kafe Legi Pait Surakarta Muhammad Annang Fahmi Roziq; Agus Suyatno; Esti Dwi Rahmawati
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.450

Abstract

This research aims to determine the effect of live music and café atmosphere on customer satisfaction at Legi Pait Food & Coffee Surakarta. This research uses quantitative research methods. The population in this research were customers of Legi Pait Food and Coffee Surakarta and the samples in this research was 67 respondents using simple random sampling. The variables usen in this research are Live Music, Café Atmosphere and Customer Satisfaction. The data used in this research is primary data. The data collection method used was a questionnaire in the form of a Google Form. The result of this research show that live music has a positive and significant effect on customer atisfaction, café atmosphere has a positive and significant effect on customer satisfaction and live music and café atmosphere simultaneously have a positive and significant effect on customer satisfaction.

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