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INDONESIA
Jurnal Kajian Hukum Dan Kebijakan Publik
Published by CV ITTC Indonesia
ISSN : -     EISSN : 30318882     DOI : https://doi.org/10.47233/jkhkp
Core Subject : Education, Social,
Jurnal Kajian Hukum Dan Kebijakan Publik (JKHKP)(E-ISSN : 3031-8882 ) merupakan jurnal ilmiah yang diterbitkan oleh CV.ITTC INDONESIA. Jurnal ini berfokus kepada kajian Ilmu Hukum dan Kebijakan Publik. Jurnal ini berbahasa Indonesia dan sifatnya terbuka. Semua makalah yang diterbitkan secara online oleh JKHKP terbuka untuk pembaca dan siapapun dapat mendownload atau membaca jurnal tanpa melanggan maupun membayar. JKHKP diterbitkan Dua Kali dalam Setahun; yaitu pada bulan Januari-Juni dan Juli-Desember.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 328 Documents
Hambatan Penegakan HAM Terhadap Kesetaraan Gender Di Dunia Kerja Dalam Budaya Patriarki Muhammad Edwar
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/0jax1s04

Abstract

The issue of gender equality is still a crucial issue in upholding human rights in Indonesia, especially considering the strong patriarchal culture. Although there has been progress in policies and regulations, there are still obstacles in achieving equality in the work environment. This study examines in depth how patriarchal culture affects the implementation of human rights principles related to gender equality in the world of work. Through analysis of the existing legal framework including Law No. 39/1999 on Human Rights. Through a juridical-normative approach, this research shows a paradox between the existence of a progressive legal framework and the reality of gender discrimination that still occurs in the world of work. This indicates the existence of obstacles to gender equality, most of which are rooted in patriarchal culture. This research concludes that there is a need for legal harmonization, strengthening of enforcement mechanisms, and integration of gender perspectives and policy implementation to overcome these barriers. This research contributes to the development of more effective legal strategies in realizing gender equality in the world of work, in line with human rights principles and social justice ideals.
Upaya Perlindungan Hukum  Bagi Korban Kekerasan Seksual Pada UU No 12 Tahun 2022 Tasya Putri Afrudi; Asep Suherman
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/5qrsvw07

Abstract

Sexual violence is something that often occurs in society in Indonesia, sexual violence occurs regardless of place, so the incident is often heard, but the enforcement of penalties against the perpetrator is not firm, so legal protection efforts against victims of sexual violence are often not enforced. Therefore, the purpose of this research is to find out how efforts to protect victims of sexual violence in Law No. 12 of 2022 on criminal acts of sexual violence. This research uses normative legal research methods with a legal approach. The results of this study show how legal design as an effort to resolve cases of sexual violence and protection from sexual harassment.
Perilaku Kekerasan Aparat Kepolisian Dalam Aksi Demonstrasi Mahasiswa Menurut Perspektif Hukum Dan HAM Ilham Kurniansyah; Asep Suherman
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/p22nm994

Abstract

The violent behavior of police officers during demonstrations is an issue that often receives attention from a legal and human rights perspective. Law No. 39/1999 on Human Rights provides a legal basis that supports the protection of the basic rights of every individual, including the right to express opinions, assemble and organize, and the right to be protected from torture and cruel treatment. The purpose of this article is to analyze the factors that led police officers to commit acts of violence against protesting students, and to clarify the legal and human rights monitoring of this issue. This journal uses a normative legal research method, using a statutory approach. The legal materials used are primary, secondary and tertiary legal materials. Using the literature collection method, thus collecting data from the literature then traced, read and understood. The results of this study found that the background of police officers committing violence against students, including provocation, unprofessional officers and environmental conditions at the time of the demonstration. Police officers who are caught committing acts of violence must be reported to be dealt with according to applicable law.
Government Efforts to Protect Intellectual Property For Ki Masjong and Agus Cultural Heritage Aditya Salsabila Consoleo; M.Sudirman; Benny Djaja
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/ck55hh30

Abstract

The city of Serang in the Banten area has many social relics including the Banten area, the residence of Ki Masjong and Agus Ju. The lack of attention from the local government is one of the reasons and sources of problems that need to be solved, and there are still many cultural heritage sites in Serang City that have not been protected and managed properly. The process of examining information is carried out in a clear way, subjective, descriptive analysis aims to describe the results of observations from issues regarding the protection of the government against intellectual property, Cultural Heritage to IPR in Islam and general law, namely the Old Banten Pilgrimage based on Law Number 11 of 2010 concerning Cultural Heritage to then describe the obstacles faced by the City Education and Culture Office Therefore, it is hoped that the results of this study can present a complete picture of the central object of this research. This is the result of research and discussion that resulted in the conclusion that there is a lack of legal protection carried out by the Serang city government against the Old Banten Pilgrimage Cultural Heritage.
Pertanggungjawaban BPOM Dan Perusahaan Farmasi Dalam Penggunaan Obat Syrup Anak yang Terkontaminasi Bahan Kimia Berbahaya Fadli Hamdi; Robi Syafwar
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/qxmnn323

Abstract

Many companies produce modern drugs by mixing chemicals so that modern drugs have considerable side effects for humans who consume them. The phenomenon of atypical progressive acute kidney cases (GGAPA) in 2022. First, on October 22, 2022, there were cases of acute kidney disorders, the number of which increased significantly from January to August to 36 cases. However, in September and October, the cases increased again quite rapidly reaching 78 and 110 cases respectively. BPOM is a state Institution that has the authority to control, pay attention to, and supervise the circulation of drugs in Indonesia to ensure the quality of safe and quality drugs in accordance with Presidential Regulation No. 8 of 2017. The purpose of this study is to determine the form of liability of BPOM in the use of children’s syrup contaminated with hazardous chemicals and to determine the form of liability of Pharmaceutical Companies in the use of syrup. This research method uses a normative method with a descriptive approach. The data source in this research uses qualitative data, which is obtained from literature studies and secondary data in the form of primary, secondary, and tertiary data materials. Data analysis using qualitative data analysis techniques. The results showed that the form of legal responsibility of BPOM is to strengthen the pre-market and post-market supervisory functions for the circulation of drugs that conduct clinical testing independently. In addition, the form of legal responsibility of Pharmaceutical Companies is that they must be fully and absolutely responsible for advertising and informing in detail regarding product information that they want to produce and disseminate to the public.
Analisis Yuridis Putusan Hakim Dalam Tindak Pidana Perdagangan Orang Studi Kasus Putusan Nomor 1656/Pid.Sus/2023/PN Mdn Nuriswandi, Iqbal
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/w089hv49

Abstract

Human trafficking is a serious crime involving the exploitation of human beings through deception, coercion, or violence for purposes such as forced labor, slavery, or sexual exploitation. Human trafficking often involves organized criminal networks that operate across national borders, targeting vulnerable individuals such as women, children, and migrants. In the legal context, various international and national laws have been implemented to combat and prevent human trafficking, such as the Palermo Protocol and Law Number 21 of 2007 in Indonesia. Law enforcement efforts include investigation, prosecution, and providing protection to victims. Eradication of human trafficking requires cooperation between the government, non-governmental organizations, and the wider community to create awareness, reduce risk factors, and support victim rehabilitation.The criminal activity that is considered rampant in Indonesia, human trafficking, threatens people's lives. The problems discussed are how the laws and regulations regarding human trafficking in Indonesia, especially the Law on Human Trafficking and the Criminal Code, are regulated and how perpetrators of human trafficking are given criminal sanctions. This study aims to analyze the basis for judges' considerations regarding the crime of human trafficking and the application of sanctions in the legal system. A normative legal approach is used in this study. This approach looks at the problem of legal literature studies, such as books or articles on human trafficking, as primary legal materials and secondary legal materials. The results of this study indicate that human trafficking is increasing in various countries, including Indonesia, and in developing countries, thus attracting the attention of the world, especially the UN. Human trafficking is included in the category of criminal acts or more precisely special criminal acts. Indonesian criminal law regulates it with various provisions. The provisions include prohibitions and eradication as stated in the Criminal Code, Legislation and Draft Criminal Code Articles 546-561 concerning human trafficking. The application of these sanctions is threatened by criminal law with imprisonment and fines. People involved in human trafficking have personal or group interests to seek profit with an organized and systematic mode of operation.
Kebijakan Hukum Terhadap Pelaku Tindak Pidana Pencucian Uang Henry Afrillo; Hudi Yusuf
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/ebqpj687

Abstract

During the period of globalization and swift technological advancement, money laundering has become a serious threat to economic stability and the financial system in Indonesia. Money laundering not only harms the country through the loss of potential tax revenue but also compromises the steadiness and dependability of the financial system while creates opportunities for organized crime. This research aims to analyze current legal policies, identify challenges in law enforcement, and assess the the impact and efficiency of Law Number 8 of 2010 on Preventing and Combating Money Laundering. The methodology applied is a case study with a document analysis approach, examining the implementation of policies through various real cases and empirical data. Findings from the research demonstrate that despite a clear legal framework and the involvement of relevant institutions, significant challenges still hinder law enforcement, including the complexity of financial transactions, lack of coordination among government agencies, and limited human resources in handling money laundering cases. Furthermore, the lack of public awareness regarding the dangers of money laundering also exacerbates this situation. To enhance the effectiveness of policies in combating money laundering, there is a need for regulatory updates that keep pace with the evolving modus operandi of criminals. Additionally, training for enforcing the law and increased collaboration on an international level is essential to strengthen networks for prevention and law enforcement. The recommendations generated from this study are expected to strengthen the robustness and trustworthiness of the financial framework in Indonesia and protect society from the negative impacts of money laundering.
Regulasi Tindak Pidana Ekonomi Dalam Kasus Perbankan Penyalahgunaan Wewenang Pesman Laia; Hudi Yusuf
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/c3294322

Abstract

In the modern era marked by rapid digital innovation, the banking sector is undergoing a significant transformation through the application of digital technology that enhances accessibility, efficiency, and the reach of financial services. However, these advancements also bring new threats, including the abuse of authority within banking institutions. Such abuse can lead to substantial losses for customers, disrupt economic stability, and undermine public trust in the financial system. In this context, this research aims to conduct an in-depth analysis of the forms, scope, and impacts of authority abuse in the banking sector, as well as the effectiveness of existing regulations in preventing and addressing these cases. The study employs a case study methodology by collecting data from regulatory documents, government reports, and credible publications to explore various examples of authority abuse in Indonesia and internationally. Through this analysis, the research also identifies weaknesses in the existing legal framework and challenges in the synergy between supervisory authorities and financial institutions in creating a secure and integral banking ecosystem. The findings indicate that although there are several regulations established to prevent authority abuse, there are still legal gaps and enforcement challenges that criminals can exploit. These weaknesses are exacerbated by a lack of rules responsive to the developments in digital technology and weak oversight within banking institutions. Therefore, this research recommends the need for more adaptive regulatory updates, strengthening the oversight framework, and enhancing coordination among relevant authorities to build a banking system that is not only innovative but also secure for customers and stable for the economy.
Analisis Hukum dan Perlindungan Anak Terkait Hak Asasi Manusia dalam Kasus Tindak Pidana Pencabulan Anak di Bengkulu Utara Chichi Savitri
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/5g9fcr67

Abstract

This study discusses "Case studies regarding criminal acts of sexual abuse against children in the North Bengkulu region, in 2023". This research was motivated by a number of confusing cases. Therefore, it is necessary to understand what drives sexual criminal behavior and how law enforcement attempts to address or minimize cases that reveal children. This type of research is normative juridical. The data source is secondary data. This data was taken from a report to the police on April 15 2023 regarding child molestation and same-sex molestation precisely in the jurisdiction of the North Bengkulu Police. From the research results, the cause of sexual abuse in North Bengkulu district, namely the cause of criminal acts of sexual abuse against minors in the jurisdiction of the North Bengkulu Police, is an internal factor (moral factor). Cancel. factors, education, sex, bad habits, etc.). External factors (economic factors, free social environment, opportunities). The crime of obscenity against minors in the jurisdiction of the North Bengkulu Police is caused by giving the perpetrator the opportunity to realize his own evil intentions, and does not allow him to control the consequences, especially the bad consequences of the perpetrator's own sexuality. help. The perpetrator's habit of wanting small children to satisfy his own desires. The way to overcome or minimize sexual violence in North Bengkulu is to take repressive action against perpetrators of violence against children, especially in accordance with applicable laws and regulations.
Analisis Kebijakan Perlindungan Anak Dari Tindak Pidana Perdagangan Orang Di Indonesia Djorghi Samudra Triananda
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/q5zy6458

Abstract

Children aged 0-18 years are still growing physically, mentally and intellectually. Children are at risk of violence and trafficking. To ensure the welfare of children, the rights and treatment of children must be guaranteed without discrimination. This research aims to describe legal protection for child victims of human trafficking crimes. This research uses a type of normative legal research. This research found that family economic factors, low education of children and families, as well as parents' negligence in taking care of children's administration such as birth certificates make it easier for child trafficking to occur because victims do not have an identity. According to Law no. 35 of 2014 concerning Child Protection, children as victims of human trafficking are protected from abuse and have dignity and human rights. Law no. 21 of 2007 concerning Eradication of the Crime of Human Trafficking and RPSA or Temporary Protection Homes for Children are other ways used by the Indonesian government to combat human trafficking.

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