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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 166 Documents
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Analisis Yuridis Terhadap Putusan Mahkamah Konstitusi Mengenai Hak Waris Anak Diluar Nikah Dika Ratu Marfu’atun; Santy Fitnawati WN; Nathasya Nathasya; Surya Rianto
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.v1i3.456

Abstract

The purpose of this study is to find out the inheritance status of children outside of marriage and the division of inherits based on MK decision No. 46/PUU-VIII-2010. The results of the study show that because the out-of-marriage child and his biological father have a blood relationship, the Constitutional Court's ruling can be regarded as reinforcing the status of the off-marital child to acquire the right of inheritance from his biologic father. MK Decision No. 46/Law-VIII-2010 only deals with civil relations and does not regulate the inheritance. Therefore, the decision does not specify how much inheritance children can acquire outside of marriage.
Hak Waris Anak Diluar Nikah: Implementasi Menurut Hukum Perdata Indonesia Cepi Winarso; Dika Ratu Marfu’atun; Santy Fitnawati WN; Ahmad Fauzan
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.v1i3.457

Abstract

According to the provisions of the Covenant, if the unmarried child is not recognised by his father or his mother, he shall be deemed not to have a legal relationship with his parents. Therefore, if a child is recognized and followed by the confirmation of the child from his parents, the child may inherit the inheritance of the parent who acknowledges it, with the division of the legacy prescribed by law. Under the Marriage Act, Act No. 1 of 1974 (Article 43, para. (1)), unrecognized children automatically have civil relations with their mothers and their families. The right and status of the out-of-marriage child to the inheritance of the parent who acknowledges it at the confirmation of the child is basically the same as the legal child. The recognized and certified off-marital child is the heir who has the same rights as the child born in a legitimate marriage.
Upaya Penanggulangan Tindak Pidana Aborsi yang Dilakukan oleh Anak di bawah Umur M. Gibransyah; Dona Raisa Monica; Maroni Maroni
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : 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.v1i4.459

Abstract

This research aims to analyze efforts to overcome the law of abortion killings committed by children on unborn babies. The type of research used is yuridis normative doctrinal. Data sources were obtained from journal and library sources. The results of the analysis show that the crime of abortion murder was committed by a child. In this case, the judge sentenced the child perpetrator to imprisonment for 6 (six) months and 3 (three) months of work training. And whether the judge's decision is in accordance with the objectives of the sentence, what is certain is that in this case there are 3 theories that contain the judge's decision that fulfills the objectives of the sentence, namely the Absolute Theory, the Relative Theory and the Combined Theory.
Analisis Penerapan Pasal 81 Undang-Undang Transfer Dana pada Putusan Nomor 78/Pid.Sus/2022/PN YYK Berdasarkan Asas Lex Specialis Sistematis Qanita Fakhira; Valencia Lie; Shofie Nailasachi Puspadristia; Nurhidayah Muhcti; Nazila Rizka Hidaya; Addrey Ben Vitahula
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : 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.v1i4.468

Abstract

Electronic Fund Transfer is a fund transfer method that is often used because it saves time and costs. However, along with the development of Information and Communication Technology, this method is becoming increasingly vulnerable to cybercrime due to its implementation using electronic systems. In 2021, Oleksandr Chuiko, Maryna Kahalnytska, and Andrei Turskiy stole electronic information from Bank BRI ATM cards and transferred the data to World Elite ATM cards. This action violated Article 81 of the Transfer of Funds Act and Article 35 of the Electronic Information and Transactions Act. The main charge in this case, Article 81 of the Transfer of Funds Act, has sparked debate due to the defendants use of computer technology regulated by the Electronic Information and Transactions Law.
Pengaturan Badan Pengawas Pemilihan Umum terhadap Netralitas Aparatur Sipil Negara pada Pemilihan Kepala Daerah Kabupaten Ngada Tahun 2020 Jessica Patricia Yustin Marthinus; Kotan Y. Stefanus; Hernimus Ratu Udju
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : 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.v1i4.471

Abstract

According to the above article, it is in line with the regulations that the Regional Head Election is a democratic festivity, but there are several parties that are not allowed to be directly involved. One of them is the Civil Servants (ASN). ASN are state servants in the process of governance. Therefore, ASN are given limitations to remain neutral during this democratic festivity. However, they often face interference or are tainted by the involvement of ASN who should maintain their neutrality as government officials. The main issues in this research are (1) How is the regulation of the General Election Supervisory Agency on the neutrality of Civil Servants in the 2020 Regional Head Election in Ngada Regency? (2) What are the factors causing the neutrality violations of Civil Servants in the 2020 Regional Head Election in Ngada Regency? This research is empirical juridical research based on applicable laws and regulations and data obtained from the field. This research uses respondents and data collected in a descriptive qualitative manner. The aim of this research is to analyze the neutrality of Civil Servants (ASN) in the 2020 Regional Head Election (Pilkada) in Ngada Regency. The focus of the research is on how the regulation by the General Election Supervisory Agency (Bawaslu) affects the neutrality of ASN and the factors that cause neutrality violations. This research uses an empirical juridical method based on applicable laws and regulations as well as field data. Data were collected through semi-structured interviews with 10 respondents, including the Chairperson of Bawaslu, former coordinator of the violation dispute handling division, staff of the violation handling division, and ASN. Additionally, observation and documentation were used to complement the data. The research findings indicate that ASN neutrality violations often occur due to various factors, including political interference and the utilization of bureaucracy for Pilkada interests. This research provides recommendations to enhance supervision and law enforcement by Bawaslu to ensure ASN neutrality in every regional head election process in Indonesia.
Pertanggungjawaban Perdata Bagi Pelaku Pelanggaran Kekayaan Intelektual dalam Era Digital Komang Adi Utama Putra
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : 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.v1i4.473

Abstract

The digital age has brought significant changes in the protection of intellectual property rights (IPR), making it increasingly crucial to safeguard works and innovations from easy infringement. This research aims to analyze the civil liability for IPR infringers in the digital era, which involves the application of civil law principles such as the elements of fault, presumption of liability, and absolute liability. IPR regulations in Indonesia have evolved since the Dutch colonial period until now, adjusting to digital dynamics through various new laws and regulations. This research uses normative methods supported by empirical methods to analyze in depth the civil liability for perpetrators of intellectual property rights (IPR) infringement in the digital era. This approach allows researchers to evaluate legal principles and applicable regulations, as well as collect primary data from real cases, such as copyright infringement on online platforms. Analysis of empirical data from infringement cases provides tangible evidence of the application of the law and its impact. Thus, normative methods supported by empirical methods provide not only a strong theoretical foundation but also a practical context for more effective policy recommendations in protecting IPR.The case studies show that copyright owners can file a lawsuit and, if proven, perpetrators can be penalized to pay damages as well as court costs. Registration of IPRs provides legal certainty and strong evidence in court. Therefore, preventive legal protection through strict regulation and repressive legal protection through strict sanctions are essential to enforce IPR and prevent further infringement in the digital age. This study concludes that consistent law enforcement and increasing public awareness of the importance of IPR protection are crucial steps in facing the challenges of the digital era.
Implementasi Bantuan Hukum Bagi Masyarakat Tidak Mampu di Posbakum Pengadilan Agama Sukabumi Henny Suryaningsih; Asti Sri Mulyanti; Temmy Fitriah Alfiany
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : 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.v1i4.474

Abstract

This research was conducted because of the background of the use of the Legal Aid Post of the Sukabumi Religious Court which was deemed not fully effective so that the author was interested in examining the services provided by the Legal Aid Post of the Sukabumi Religious Court to the Disadvantaged Community. This research was also conducted to determine the implementation of the service provision of the Legal Aid Post of the Sukabumi Religious Court. The author uses an empirical juridical method that is guided by the Law and examines directly in the field by conducting interviews. The existence of posbakum among the public is still unfamiliar and there are still many people who do not know about posbakum and use the services of advocates who require the public to pay. This results in a lack of information for the wider community about the role of the Legal Aid Post which functions as legal aid for the poor.
Kajian Dugaan Pelanggaran Etik Anggota DPR yang Terbukti Melakukan Pidana Pemilu La Ode Risman
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 2 (2024): April : 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.v1i2.476

Abstract

The existence of the Council's Honorary Court as a supporting tool is contained in Article 119 of Law Number 17 of 2014 concerning MD3 in conjunction with Law Number 2 of 2018 concerning MD3 in conjunction with Law Number. 13 of 2019 concerning MD3. That the Council's Honorary Court was established by the DPR with the aim of maintaining and upholding the honor and dignity of the DPR as a representative institution of the people. That the implementation of the Election which is carried out directly is a manifestation of the implementation of democracy which is a manifestation of the sovereignty of the people. In the election, violations of the law were found as regulated in Law Number 7 of 2017 concerning Elections. That election crimes are a form of violation of the law related to acts of falsification of documents, money politics and there is also intimidation of voters and others. That these actions are alleged violations of election crimes because they are contrary to laws and regulations. That to ensure the existence of an election crime, it must go through a court process with a judge's decision, which must first be processed by the Gakkumdu Center, which is an element of Bawaslu, the National Police, and the Attorney General's Office of the Republic of Indonesia. That if proven to have committed an election crime as stated in the district court decision, the legislative candidate has committed an ethical violation, although this must be processed legally in accordance with the mechanism regulated in the DPR Council's Ethics Court, namely referring to the MD3 Law, Regulation of the People's Representative Council Number. 1 of 2015 concerning the Code of Ethics of the People's Representative Council of the Republic of Indonesia and Regulation of the People's Representative Council Number. 2 of 2014 concerning the Procedures of the Council's Ethics Court.
Pelaksanaan Program Sekolah Pra Nikah pada Remaja dalam Mencegah Angka Stunting di Wilayah Kecamatan Sawangan Muhammmad Salman Al Farizi
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : 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.v1i4.477

Abstract

Stunting is one of the challenges in human development in Indonesia, referring to the condition of failure in physical growth in children under five years old due to chronic malnutrition and repeated infections, particularly during the first 1,000 days of life, from conception until the child is 23 months old. The Pre-Marriage School (SPN) program by DP3AP2KB in collaboration with the Forum Generasi Berencana (GENRE) serves as an educational platform focused on preparing for marriage and life after marriage with proper planning. The goal of the pre-marriage school is to educate participants on the importance of stunting awareness. The SPN program is part of the efforts by DP3AP2KB to prevent stunting by providing education related to the condition. This research employed qualitative methods with a descriptive qualitative approach, using interviews and documentation for data collection. The study subjects were participants of the pre-marriage school who met the research criteria. Data were analyzed using the Milles & Huberman model, ensuring data validity through method triangulation. The study found that the causes of stunting in Depok City included inadequate nutrition, poor parenting practices, and urbanization. The implementation of the pre-marriage school program in Depok City was designed by the DPRD Commission V and the Mayor of Depok. The pre-marriage school is one of the government’s efforts to accelerate the reduction of stunting in Depok City. However, the limited time for implementation posed a challenge for the SPN program
Pengawasan Partisipatif pada Pemilu 2024 di Kabupaten Bintan oleh Saka Adhyasta Pemilu Siti Delvira Zukni; Bismar Arianto; Eki Darmawan
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : 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.v1i4.481

Abstract

The election supervision function is the authority of Bawaslu, thus Bawaslu needs participatory supervision. The participatory supervision carried out by Bawaslu is by involving community groups such as NGOs, and other organizations. Therefore, Bawaslu Bintan formed Saka Adhyasta Pemilu to assist in overseeing the implementation of elections and following up on violations that occur. This study aims to evaluate the quality of participatory supervision carried out by Saka Adhyasta Pemilu in the 2024 elections in Bintan Regency. The research method used is qualitative with data collection through interviews, field notes, and official documents. There are 4 indicators of participatory supervision according to Pasaribu (2011), namely monitoring, inspection, guidance and direction, and correction. The results showed that the indicators of monitoring, inspection, and correction were still not effective, as seen from the lack of violation reports submitted to Bawaslu by Saka Adhyasta Pemilu. However, in the guidance and direction indicator, it has proven effective because Bawaslu has provided education on monitoring and preventing disputed violations in the 2024 elections in Bintan Regency. The factors that make participatory supervision carried out by Saka Adhyasta Pemilu not run well are because of their young age, lack of critical attitude, lack of experience and minimal knowledge of elections.

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