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Jurnal Hukum Statuta
Published by Universitas Pembangunan Nasional Veteran Jakarta
ISSN : 30637163     EISSN : 30638666     DOI : https://doi.org/10.35586/
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Statuta adalah jurnal peer review yang diterbitkan Fakultas Hukum Universitas Pembangunan Veteran Jakarta. Naskah yang diterima Jurnal ini adalah naskah dalam Bahasa Indonesia, JHS diterbitkan tiga kali setahun pada bulan April, Agustus, dan Desember. Jurnal ini merupakan salah satu wadah bagi mahasiswa, akademisi, profesional dan peneliti di bidang hukum untuk menerbitkan hasil penelitiannya. Laman ini menyediakan akses terbuka langsung ke konten jurnal, prinsipnya bahwa penelitian harus tersedia secara mudah dan gratis untuk umum guna mendukung penyebarluasan ilmu pengetahuan khususnya di bidanag Ilmu Hukum. Ruang lingkup JHS mencakup semua topik yang berkaitan dengan ilmu hukum. Saat ini Jurnal Hukum Statuta terindeks di Google Schoolar
Arjuna Subject : Ilmu Sosial - Hukum
Articles 60 Documents
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Pertanggungjawaban Oknum Polisi yang Melakukan Penganiayaan Terhadap Tersangka dalam Proses Penyidikan (Studi Kasus Putusan Nomor 7/PID/2016/PT BBL) Mufti, Muhammad Wildan
Jurnal Hukum Statuta Vol 2 No 2 (2023): Volume 2, Nomor 2, April 2023
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v2i2.9048

Abstract

This study analyzes the accountability of police officers who commit acts of violence against suspects during the investigation process, with a case study based on decision number 7/PID/2016/PT BBL. This case involves four officers from the Narcotics Unit of the Bangka Police Resort who inflicted violence on a drug suspect, resulting in the suspect's death. Such actions violate human rights and damage the reputation of the police. The study aims to analyze the legal protection available to suspects who are victims of police violence and to identify the enforcement of law against police officers involved in violence during investigations. A normative legal method is employed using both statute and conceptual approaches. The findings indicate that although there are regulations protecting suspects' rights, police violence still occurs, and the enforcement of law against perpetrators of violence is often inconsistent. There is a need for enhanced human rights training for police officers, strengthened oversight mechanisms, and active community participation in reporting violence. These measures are expected to improve the integrity and public trust in law enforcement in Indonesia.
Penegakan Hukum Tindak Pidana Illegal Fishing dengan Penenggelaman Kapal dalam Perspektif Pertahanan Nasional Indonesia Kristanto, Beny
Jurnal Hukum Statuta Vol 2 No 2 (2023): Volume 2, Nomor 2, April 2023
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v2i2.9049

Abstract

The sea and all of its resources are part of Indonesia's territory, which must be defended with all efforts in order to defend the state's sovereignty, territorial integrity, and the safety of the entire nation from threats and disturbances to the nation's and state's integrity. The 1945 Constitution mandates that the earth, water, and natural resources contained therein be controlled by the state and used for the greatest prosperity of the people. Because Indonesia has such a large ocean area and a strategic location directly adjacent to other countries, fishing theft by fishermen from neighboring countries is common (illegal fishing). Illegal fishing is a form of threat or disturbance to the sovereignty of Indonesian territory, and those who commit it must face serious consequences. Indonesia, as a state of law, must take firm action against those who engage in illegal fishing, including law enforcement. Law enforcement against illegal fishing is based on Republic of Indonesia Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 Concerning Fisheries, which includes the authority to destroy objects and/or tools used in and/or resulting from illegal fishing. Sinking fishing vessels flying foreign flags is a fishery crime. An empirical legal approach is used in this study. This paper seeks to examine the process of law enforcement for the crime of illegal fishing, all the way up to the sinking of ships used in the crime of illegal fishing, from the standpoint of national defense in Indonesian waters. The sinking of the perpetrator's ship is an effective effort to defend the sovereignty of the Republic of Indonesia by sinking the ship after receiving a judge's decision through the trial process, so that the government has a strong basis to sink the ship.
Peringanan Hukuman Pidana bagi Ibu yang Memiliki Anak Balita Sani, Rafif
Jurnal Hukum Statuta Vol 2 No 2 (2023): Volume 2, Nomor 2, April 2023
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v2i2.9070

Abstract

This research discusses the mitigation of criminal penalties for mothers with young children, focusing on child welfare in the enforcement of law in Indonesia. In the rapidly evolving era of globalization, Indonesian law must adapt to the changing times and the continuously evolving needs of society to ensure legal certainty, justice, and utility. Legal harmonization is crucial to avoid overlapping regulations and to ensure the protection of human rights, including for vulnerable groups such as mothers with young children. The role of mothers in the development of young children is essential, and separation due to criminal penalties can negatively impact the child. Therefore, the criminal justice system should consider mitigating penalties or alternative punishments that allow mothers to remain with their children to ensure the child's welfare. This research employs a normative juridical method with a statute approach and a conceptual approach. The author also uses case studies of court decisions such as those of Angelina Patricia Pingkan Sondakh and Nita Setia Budi.
Pertanggungjawaban Pidana Pelaku Tindak Pidana Kerusuhan di Stadion Kanjuruhan Mufti, Muhammad Wildan
Jurnal Hukum Statuta Vol 2 No 3 (2023): Volume 2, Nomor 3, Agustus 2023
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v2i3.9093

Abstract

As social beings, humans require interaction and cooperation with others to live their lives. Conflicts arising from differing interests necessitate law as a guide for behavior and protection of individual rights within society. This research employs a normative legal research method with a normative juridical approach to explain the legal phenomena related to Law No. 11 of 2022 on Sports. A qualitative method is used, focusing on document and literature studies to explore the fundamental concepts underlying human behavior patterns in the legal context. The criminal responsibility of perpetrators of criminal acts at Kanjuruhan Stadium includes the improper use of tear gas, which caused many deaths and injuries, as well as human rights violations. This issue needs to be addressed through fair law enforcement and good coordination among all relevant parties. The Kanjuruhan tragedy raises serious questions about criminal liability for human rights violations and the use of tear gas in the stadium, emphasizing the need for punishment that is commensurate with the wrongdoing and the maintenance of human rights principles in every step of law enforcement.
Urgensi Pembentukan Undang-Undang Kemitraan Untuk Pengemudi Ojek Online Aryaputri, Aqila Shafiqa; Mufti, Muhammad Wildan; Siregar, Tiara Rebecca Kezia; Maulana, Muhammad Irfan
Jurnal Hukum Statuta Vol 2 No 3 (2023): Volume 2, Nomor 3, Agustus 2023
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v2i3.9094

Abstract

Technological advancements have transformed the transportation sector with the emergence of online motorcycle taxi services, such as PT Gojek, significantly impacting Indonesia's digital economy. However, the legal status of online motorcycle taxi drivers, deemed "partners," has sparked considerable debate regarding their rights and obligations. This study employs a normative juridical method to analyze relevant legislation and legal doctrines. The findings indicate that the current partnership arrangements fail to meet the principles of equitable and fair partnerships. Drivers often find themselves in disadvantaged positions, lacking social security and workers' rights. Consequently, the partnership relationship requires clearer regulations to protect drivers' rights. It is recommended that partnership agreements be revised to reflect the principles of mutualism and equality, and that the government should play a more active role in monitoring the implementation of regulations to ensure the welfare of online motorcycle taxi drivers.
ANALISIS TINGKAT KEPERCAYAAN PUBLIK TERHADAP MAHKAMAH KONSTITUSI PASCA PUTUSAN NOMOR 90/PUU-XXI/2023 Yuliana, Adelia; Tuasalamony, Adzra Ardelia; Al Fath; Parhusip, Alizcia Dora; Febriani, Anggie; Bakhtiar, Handar Subhandi
Jurnal Hukum Statuta Vol 3 No 2 (2024): Volume 3, Nomor 2, April 2024
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v3i2.9095

Abstract

Constitutional Court Decision Number 90/PUU-XXI/2023 is considered to have a conflict of interest due to the involvement of Chief Justice Anwar Usman's family with one of the parties, raising doubts about the court's independence and integrity. This study aims to examine the impact of this decision on public perception and trust in the Constitutional Court. Using empirical legal research with an interdisciplinary and conflict approach, the study distributed online questionnaires through Google Forms to explore the impact of that Decision on public perception and trust. The results indicate that the decision to set the minimum age limit for presidential and vice-presidential candidates at 40 years old has a significant impact on the level of public trust in the Constitutional Court. The Spearman correlation test shows a very strong and significant relationship, with a coefficient of determination of 0.780, indicating that 78% of the variability in the level of public trust can be explained by this decision. However, there is still 22% variability influenced by other factors that need to be studied further to get a more complete picture of public trust in the Constitutional Court.
Non-litigasi sebagai Mekanisme Penyelesaian Sengketa Lingkungan Bagi Perusahaan di Indonesia Abduh, Muhammad
Jurnal Hukum Statuta Vol 3 No 2 (2024): Volume 3, Nomor 2, April 2024
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v3i2.9096

Abstract

Environmental problems have occurred in the global scope, both developed and developing countries. Environmental problems are not only problems of developed countries or industrialized countries including Indonesia. Efforts to overcome environmental problems in developing countries have no other choice but to carry out development. Without the level of development, people will decline, and the environment will be increasingly damaged. Development must still be carried out without damaging the environment. This balance must be maintained in order to preserve the environment. Indonesia has been paying attention to environmental management since 1972. Settlement of environmental disputes through litigation does not produce many results. Dispute resolution through non-litigation channels assumes that dispute resolution through litigation results in very disappointing results. This study wants to conduct a study related to the implementation of Government Regulation No. 54 of 2000 concerning Service Providers for Environmental Dispute Resolution Services Outside the Court and find obstacles and solutions in resolving environmental disputes out of court. The implementation of Government Regulation No. 54 of 2000 at the central government level has established a service provider institution based on the Decree of the State Minister of the Environment Number 77 of 2003 concerning the Establishment of an Out-of-court Environmental Dispute Resolution Service Provider (LPJP2SLH) at the Ministry of the Environment, but its performance has not yet been felt. Keywords: Non Litigation; Dispute Settlement; Environment
Perlindungan Hukum Dan Upaya Pemulihan Bagi Perusahaan Insolven Dalam Kepailitan Saebani, Alisya Rahma
Jurnal Hukum Statuta Vol 3 No 2 (2024): Volume 3, Nomor 2, April 2024
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v3i2.9097

Abstract

Bankruptcy law in Indonesia, as stipulated in Law No. 37 of 2004, faces challenges in balancing legal protection for insolvent companies with the settlement of unpaid debts. The principles of Economic Democracy from the 1945 Constitution provide the basis for inclusive economic regulation. This study employs a normative juridical approach, analyzing legislation and the implementation of Bankruptcy Law. Indonesian bankruptcy law recognizes the importance of business continuity, yet its implementation tends towards debtor asset liquidation. Legislative changes from Law No. 4 of 1998 to Law No. 37 of 2004 reflect an evolution in bankruptcy case handling, but there remains a need to further explore "corporate rescue" concepts as practiced internationally. Although Law No. 37 of 2004 has established more comprehensive mechanisms for bankruptcy resolution, the primary challenge remains balancing creditor protection with efforts to rescue insolvent companies. Further adjustments are necessary to enhance the effectiveness of legal protection for potentially bankrupt companies.
TANGGUNG JAWAB PENYEDIA KONTEN TIKTOK ATAS PENGUNGGAHAN FILM BAJAKAN MELALUI APLIKASI TIKTOK (STUDI KASUS : PELANGGARAN PEMILIK HAK CIPTA SINEMATOGRAFI) Chindy
Jurnal Hukum Statuta Vol 2 No 3 (2023): Volume 2, Nomor 3, Agustus 2023
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v2i3.9100

Abstract

The purpose of this research is to examine the obligations of Tiktok content facilitators regarding uploading imitation films from the Tiktok platform and law enforcement efforts against cinematographic copyright errors related to uploading imitation films from the Tiktok platform by content owners. This article uses normative juridical legal research methods using statutory and conceptual approaches. The results of this research prove that TikTok content owners must be responsible for preventing counterfeit films by acting directly to block user accounts. However, law enforcement regarding cinematography copyright violations has not been effective because there are still many content creators who upload imitation films to the TikTok application.
REFORMULASI HUKUM DAN PERBAIKAN ETIKA TERHADAP KEPOLISIAN ATAS PELANGGARAN PENGGUNAAN GAS AIR MATA STADION KANJURUHAN Akbar, Sahda Saraswati; Safitri, Nadila; Yulistio, Muhammad Raihan; Fath, Al; Maula, Putri Ni’matul
Jurnal Hukum Statuta Vol 2 No 1 (2022): Volume 2, Nomor 1, Desember 2022
Publisher : Fakultas Hukum Universitas Pembangunan Nasional Veteran Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jhs.v2i1.9159

Abstract

The police as a state tool that functions to maintain security, maintain order, protect and serve the community should be able to provide protection to the community. However, what is happening now is quite the opposite. As happened at the Kanjuruhan stadium where the police in controlling the crowd actually committed human rights violations. Human rights violations committed by the police show that at this time the police have not been able to position themselves proportionally. The purpose of this study was to determine the legitimacy of the use of tear gas in controlling the crowd at the Kanjuruhan Stadium by the police and to find out the legal reformulation and ethical improvement of the violation of mass control at the Kanjuruhan Stadium by the police. This study uses a normative juridical research method with a statute approach and a conceptual approach regarding the rules that should be the basis for mass control carried out by the police. Based on the results of the study, in terms of the validity of the actions taken by the police, it was stated that they did not take into account the level of threat or the safety of the community. Therefore, the way that can be done by the police in order to build a civilian character and improve their image is to carry out legal reformulation and ethical improvement over the violation of the Kanjuruhan Stadium crowd control by the police. The recommendations that the author gives to the PSSI institution, the match organizers, the police, the general public to the government so that this paradox does not happen again.

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