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Pemuliaan Keadilan
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30632811     EISSN : 3063282X     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 66 Documents
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Analisis Yuridis Kedudukan Anak Hasil Penikahan Siri Berdasarkan BW Indonesia: Studi Putusan Nomor 282/Pdt/2016/PT SMG Fajar Luthfi Annashrul; Edghar Abdullah Albab; Eka Sari Nurliana
Pemuliaan Keadilan Vol. 2 No. 1 (2025): January : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i1.403

Abstract

Marriage is a relationship between two parties, namely the man and the woman. There are two types of marriage in Indonesia, namely legal marriage and unregistered marriage. This marriage that is not registered in the KUA is a hot issue in civil law, especially in the context of civil inheritance, where in the case of decision number 282 / PDT / 2016.PT. SMG, where there is a transfer of inheritance rights by the husband to the unregistered wife, then the legal wife sues the unregistered wife because it is considered not to have legal power or standing with decision number 282 / PDT / 2016.PT. SMG the legal wife wins in the lawsuit, thus the unregistered wife does not get an inheritance, therefore a study was made that can be studied using the normative method, a study that emphasizes the source of the writing comes from laws and literature reviews. This study aims to find out and examine the position of unregistered wives and legal wives in civil inheritance law and the legal status of unregistered wives in controlling inheritance in civil inheritance law.
Juridical Review of Criminal Law Arrangements in Document Forgery Cases Ni Made Noviana Wulandari; I Ketut Kasta Arya Wijaya
Pemuliaan Keadilan Vol. 2 No. 1 (2025): January : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i1.406

Abstract

Document forgery is one of the criminal offenses that can damage the integrity of the legal system, affect public trust, and disrupt social order. This study aims to review the criminal law regulation related to document forgery in the Criminal Code (KUHP) and identify challenges in law enforcement. Based on the analysis of Articles 263 and 264 of the Criminal Code, it is found that criminal law in Indonesia has clearly regulated document forgery, by providing criminal sanctions to perpetrators who create, alter, or use fake documents for fraudulent purposes. However, the implementation of criminal law related to document forgery cases still faces various obstacles, such as limited evidence and the development of information technology that requires regulatory adjustments. Therefore, efforts are needed to strengthen the law enforcement system, improve legal education to the public, and adjust the rule of law to technological developments. This research provides suggestions to improve the efficiency of handling document forgery cases through strengthening coordination between legal institutions and updating relevant regulations.
Peran Hukum dalam Meningkatkan Partisipasi Publik pada Pemerintahan Daerah Lidia Rumapea; Margaret Pangaribuan; Muthia Ivana Zhara; Moria Debora Siahaan; Putri Intan Siringo Ringo; Sri Hadiningrum; Parlaungan Siahaan
Pemuliaan Keadilan Vol. 2 No. 1 (2025): January : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i1.408

Abstract

Law plays a crucial role in enhancing public participation in local governance by providing a clear framework for citizen engagement in decision-making, oversight, and the fulfillment of their rights. This study examines the application of legal frameworks to improve public involvement in regional governance, focusing on the Indonesian context. Using an empirical juridical method, the research combines normative analysis of laws and empirical data from interviews and observations. Findings reveal that responsive legal products and participatory processes are essential to fostering public engagement in regional development. Key challenges include limited public awareness, bureaucratic inefficiencies, and inconsistent implementation of legal provisions. Addressing these issues through public education, transparent governance, and stronger legal enforcement can significantly improve participation rates. This paper highlights the importance of integrating legal and social perspectives to create inclusive and effective governance at the local level.
Legality of Copyright Protection on Artificial Intelligence Works I Ketut Gede Adi Ramadika; I Ketut Kasta Arya Wijaya
Pemuliaan Keadilan Vol. 2 No. 1 (2025): January : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i1.460

Abstract

The advancement of artificial intelligence (AI) technology has brought significant challenges to the legal system, especially regarding copyright protection. The ability of AI to produce works independently raises questions about originality, ownership, and legal responsibility. Existing legal systems are designed to protect human works, so they are not fully prepared to accommodate AI innovation. This article discusses the legal challenges presented by AI works and how the law can adapt to provide adequate protection. Approaches such as expanding the definition of originality, regulating contribution-based ownership, and harmonizing international policies are proposed as solutions. With inclusive regulation and responsive law enforcement, it is hoped that the legal system can maintain a balance between encouraging technological innovation and protecting human creative rights.
Formulasi Hukum Perlindungan Pasien Dalam Malpraktek Medik Sri Wulandari; Zabidin Zabidin
Pemuliaan Keadilan Vol. 2 No. 1 (2025): January : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i1.462

Abstract

Health is a human right and one of the elements of human welfare that must be realized by the state, the 1945 Constitution of the Republic of Indonesia, Article 34 paragraph (3) emphasizes that the state is responsible for providing equitable and affordable health service facilities for the entire community. This study aims to determine and analyze the legal formulation of patient protection in medical practice, using the normative legal research method, namely through literature/legislation searches (statute approach) with types of data sources, secondary data supported by primary data. The descriptive research type is then analyzed and presented qualitatively. The high level of public awareness of the importance of health has made people increasingly aware and understand their rights as patients in order to obtain good health services from health workers and hospitals. The legal relationship between doctors and patients as regulated in Law No. 17 of 2023 concerning Health is a business agreement relationship (inspaning verbentenis), which gives rise to rights and obligations. The community/patients receiving medical practice services have the right to legal protection so that every mistake in carrying out the medical profession is a form of mistake/violation of the law that is worthy of being prosecuted/filed in court as a form of protection for patients, victims of medical malpractice.
Pertanggungjawaban Pidana Bagi Pelaku Penyelundupan Satwa Liar Yang Dilindungi Ridho Afrizal Abd Rohim; Ifahda Pratama Hapsari; Dodi Jaya Wardana
Pemuliaan Keadilan Vol. 2 No. 1 (2025): January : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i1.466

Abstract

The legal regulation of endangered animal smuggling in Indonesian positive law is legal protection which aims to prevent the threat of extinction and the development of endangered species whose existence is threatened due to conflict and illegal hunting. This research uses normative legal research methods with a statutory approach, conceptual approach and case approach. Animal smuggling is not mentioned explicitly in Law No. 5 of 1990 concerning Conservation of Natural Resources and Ecosystems. However, this law regulates the prohibition on catching, injuring, killing, keeping, possessing, caring for, transporting and trading protected animals alive, or removing protected animals from one place in Indonesia to another place inside or outside Indonesia. This is stated in Article 21 paragraph (2) of Law No. 5 of 1990. Criminal sanctions for criminal acts of smuggling endangered species based on positive law in Indonesia are contained in Article 40 paragraphs (2) and (4) of Law Number 5 of 1990 Concerning Conservation of Living Natural Resources and their Ecosystems, in the form of imprisonment and fines, imprisonment and fines, plus confiscation of all objects obtained and all tools or objects used to commit criminal acts, with a statement that they are confiscated to the state.
Analisa Yuridis Penunjukan Pejabat Wali Kota Sukabumi pada Masa Transisi Pemilu Serentak Nasional pada Tahun 2024 A Rijalullah Kusumah Cakra; Agus Rasyid Chandra Wijaya
Pemuliaan Keadilan Vol. 2 No. 1 (2025): January : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i1.472

Abstract

Simultaneous regional elections resulted in the vacancy of leaders in various cities, including the city of sukabumi, therefore the appointment of officials (Pj) to fill the vacancy of the position of regional head of the city mayor until the election of regional heads in the simultaneous regional elections in 2024. however, the appointment of PJ is problematic because it is not in line with the spirit of democracy. This research examines and analyzes related to the appointment of the PJ of the mayor of Sukabumi which is not in line with the principles of democracy, therefore the researcher raises the formulation of the problem among them. First, is the appointment of the acting mayor of Sukabumi in accordance with the principles of democracy? Second, whether the appointment of the acting mayor of the city of Sukabumi is in accordance with the Constitutional Court Decision Number 67/PUU-XIX/2021 and MKRI Decision Number 15/PUU- XX/2022. This research uses an analytical descriptive method with a normative juridical approach, in which data and information are analyzed normatively. The results showed that the appointment of the Pj mayor of Sukabumi did not involve the DPRD as a representation of the people of Sukabumi so that it can be said that it does not fulfill the principles of democracy and heed the Constitutional Court Decision Number 67/PUU-XIX/2021 and MKRI Decision Number 15/PUU- XX/2022 which mandates the making of implementing regulations to make PJ appointments without heeding the principles of democracy which are the spirit of the struggle of the Indonesian nation and the people of the city of Sukabumi.
Marriage Agreement As Legal Protection For Both Parties in Marriage Kresna Ayung Begawan; I Ketut Kasta Arya Wijaya
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.505

Abstract

This study aims to analyze the marriage agreement as an instrument of legal protection for both parties in a marriage, especially in terms of property ownership and financial responsibility. This study uses a sociological juridical method, with primary data obtained through interviews with a notary and secondary data from various legal literature, including Law Number 1 of 1974 concerning Marriage, the Civil Code, and the Constitutional Court Decision Number 69/PUU-XIII/2015. The results of the study indicate that the marriage agreement plays a role in preventing potential legal conflicts in marriage, both in monogamous and polygamous systems, and provides legal certainty for third parties, such as creditors or heirs. This agreement not only protects the rights and obligations of the husband and wife, but also ensures legal clarity in the division of assets and financial responsibility during and after the marriage.
Legal Certainty On The Applicability Of The Minister Of Home Affairs Regulation No. 86/2017 in The Preparation Of Local Government Work Plans Anak Agung Ngurah Bgs Pradhana Ningrat; I Wayan Rideng; I Ketut Kasta Arya Wijaya
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.506

Abstract

This study examines Legal certainty is a crucial element in effective governance, especially in the context of laws and regulations. This research examines the enforceability of the Minister of Home Affairs Regulation No. 86/2017, which regulates the preparation of the Local Government Work Plan (RKPD). This research finds that legal certainty in the RKPD is strongly influenced by the implementation and supervision of the regulation. In addition, challenges in harmonization between central and local regulations are an important factor in ensuring effective enforcement. The results show that the ambiguity in Article 78 results in uncertainty in the integration of pokir into the RKPD, thus reducing the effectiveness of DPRD participation and potentially creating conflict between the executive and legislature. To improve legal certainty, it is suggested that further revision and explanation of the provision is needed, as well as training for local officials on more effective implementation of the regulation. The findings are expected to serve as recommendations for policymakers in drafting clearer and firmer regulations.This research recommends clarification and revision of Article 78 to create a clearer framework and support synergy between local governments and DPRDs. The findings are expected to contribute to the improvement of more inclusive and responsive regional planning policies.
The Concept of Liability Without Fault in Environmental Dispute Resolution In Indonesia I.A. Pradnyandari Pidada; I Ketut Kasta Arya Wijaya
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.521

Abstract

This study aims to analyze the application of the concept of liability without fault in resolving environmental disputes in Indonesia, by highlighting the legal basis, implementation, and challenges faced. The method used is a conceptual approach to examine relevant regulations and court decisions in order to obtain legal clarity regarding absolute responsibility in environmental pollution cases. The results of the study indicate that although this principle has been regulated in Article 88 of UUPPLH No. 32 of 2009 and reinforced by various derivative regulations, its implementation still faces obstacles, especially in terms of law enforcement, supervision, and compliance of business actors in carrying out environmental restoration obligations. Therefore, it is necessary to strengthen regulations, increase the capacity of law enforcement officers, and implement environmental assurance mechanisms to ensure the effectiveness of liability without fault in environmental protection in Indonesia.  

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