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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,
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
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 290 Documents
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Tanggung Jawab Penanggung Dalam Asuransi Tanggung Jawab Hukum Aulia Falillah; Yulius Rico Adrianto; Puti Anisa Erwan; Azlan Fahrezi; Yolan Dwi Putra, Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/tmrnf228

Abstract

Every human being does not rule out the possibility of facing risks due to his actions. This risk can come from agreements and laws and regulations that cause losses to victims, so they must be held accountable for their legal actions. Therefore, to avoid the risk of greater loss, a person can apply for self-insurance, remembering that the purpose of insurance is to transfer risk from the insured to the insurer. The formulation of the research problem is what is the responsibility of the insurer in legal liability insurance? This research uses a normative method with a statutory and conceptual approach, as well as secondary data in the form of primary legal materials and secondary legal materials with a conceptual analysis approach presented in the form of analytical descriptive narratives. One type of insurance, namely legal liability insurance, aims to transfer risk from the insured to the insurer regarding the insured's legal actions that cause losses to the victim. Legal actions can take the form of unlawful acts and breaches of contract. If you already have legal liability insurance and at a later date the insured commits a legal act that causes harm to the victim, then the insured's responsibility to provide compensation to the victim becomes the responsibility of the insurer. The form of responsibility is that the insurance company will provide compensation to the victim. Therefore, legal liability insurance is considered important now and in the future, to overcome the risk of legal actions that are very likely to occur.
Perlindungan Hukum Terhadap Pemegang Polis Asuransi Dalam Menyelesaikan Sengketa Klaim Asuransi Jiwa Salsabilla; Amelia Putri Permata Sari; Gitra Permata; Safanny Aprilya Putri, Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/y0gkcn50

Abstract

Legal protection for life insurance policy holders is very important because the policy holder is the only written evidence as proof that the insurance has occurred. The contents of the life insurance agreement are an indication of what is happening. The life insurance agreement is binding through an insurance agreement which is proven by the life insurance policy that there has been a transfer of risk, for example life insurance or loss insurance to the insurance company. The research used is descriptive analytical, namely describing all conditions and facts and analyzing current implementation. Related to this method is library-based research which uses library materials such as books, applicable laws and regulations, documents and other media that can be used as data material or theoretical basis for problems in research.
Perlindungan Hukum Terhadap Perempuan Korban KDRT(Kajian Terhadap Implementasi Keadilan Restoratif) Telaumbanua, Friderika Friska; Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/7v5zzn11

Abstract

The percentage increase in domestic violence cases that changes from year to year illustrates that resolving cases using restorative justice efforts is less efficient. The author is interested in knowing the concepts and principles of restorative justice regulated in Indonesian legislation, especially in the context of legal protection for women victims of domestic violence and the author wants to know whether there is a discrepancy between the principles of restorative justice and the legal norms that apply in handling cases. Domestic Violence. The author uses a normative juridical approach with descriptive analytical research characteristics, using secondary data sourced from literature review. The concept of restorative justice focuses on resolving cases that focus on a dialogue process involving the perpetrator, victim and the perpetrator/victim's family, as well as related parties to jointly create a fair and balanced case resolution for both the victim and the perpetrator, by prioritizing recovery in the circumstances of all , the principles used in resolving cases through restorative justice efforts are the principles of recovery and reconciliation, the principles of participation and collaboration, the principles of responsibility and accountability, the principles of personal growth and behavior change, the principles of a holistic approach. In its implementation, a discrepancy arises between the principles of restorative justice and legal norms in Indonesia, domestic violence crimes are generally carried out with an element of intent, this is contrary to one of the material requirements that must be fulfilled in handling criminal cases through restorative justice.
Analisis Perspektif Komparatif Regulasi Hukum Dagang Nasional dengan Standar Internasional Pesman Laia; Hudi Yusuf
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/mh6k7w88

Abstract

In the context of an increasingly interconnected global economy, international trade plays a crucial role as one of the cornerstones of a nation's economic growth. However, there often exists a disparity between national trade law regulations and international standards, posing challenges in regulating cross-border trade. This study aims to explore the differences, compatibility, and challenges arising from the implementation of national trade law regulations in light of international standards. Employing a method of document comparison analysis, relevant documents from specific countries and related international organizations have been collected and thoroughly analyzed. The findings of this analysis are expected to provide a deeper understanding of the extent to which national regulations support or contradict international standards, while also offering recommendations to enhance the alignment between national trade law regulations and international standards. Thus, it is anticipated that the outcomes of this research will significantly contribute to enriching the understanding of the relationship between national trade law regulations and international standards in the context of international trade.
Analisis Perlindungan Hukum Dagang Terhadap Kepentingan Konsumen Dalam Transaksi Dagang Elektronik Dalam Era Digital Henry Afrillo; Hudi Yusuf
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/es3kd418

Abstract

In the ever-changing digital age, transactions in electronic commerce have become fundamental to global economic activities. Progress in information and communication technology has revolutionized the manner in which individuals purchase, vend, and engage with products and services. Through online platforms, consumers can easily access various products and services from different sellers worldwide. Despite providing unprecedented access and flexibility, electronic commerce transactions also bring new risks that need to be seriously addressed, especially regarding legal protection for consumers. Legal protection in electronic commerce transactions plays a crucial role in ensuring security, fairness, and trust in the electronic trading environment. Consumers engaging in online transactions are often vulnerable to various forms of fraud, misuse of personal data, or contractual inequities. Hence, there is an immediate requirement to establish resilient and efficient legal structures to protect consumer interests in electronic commerce dealings. It is crucial to conduct a thorough examination of current legal frameworks, both domestically and internationally, and to adopt optimal strategies for safeguarding consumers in online transactions to discern the strengths and weaknesses of the current protective measures. Consequently, this study endeavors to investigate the obstacles and remedies concerning the legal safeguarding of consumer interests in electronic commerce transactions during the digital age.
Analisis Implikasi Hukum Dagang Terhadap Penggunaan Teknologi Blockchain Dalam Transaksi Dagang Internasional Muhamad Afandimunir; Hudi Yusuf
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/zt2xw589

Abstract

Over the past few years, blockchain technology has risen to prominence as a leading innovation in the realm of information technology. The potential offered by this technology in facilitating secure, decentralized, and transparent transactions has sparked significant interest in its application in the context of international trade. However, the use of blockchain technology in international trade also faces significant legal challenges. The objective of this research is to offer a comprehensive examination of the legal ramifications associated with the utilization of blockchain technology within the framework of international trade dealings. By considering aspects such as contract law, regulation, dispute resolution, and consumer protection, this research aims to provide a more comprehensive understanding of the legal complexities involved in the implementation of blockchain technology in international trade. Additionally, this study will also discuss the impact of blockchain technology on the processes of international trade transactions, including increased transparency, security, and efficiency. Various legal challenges encountered in the use of blockchain technology in international trade transactions will be analyzed, including the ambiguity of blockchain's legal status, the determination of appropriate regulations, and effective dispute resolution mechanisms. This study anticipates offering a deeper understanding of the intricate legal challenges inherent in employing blockchain technology within international trade transactions. By doing so, it aims to establish a foundation for crafting suitable regulations and fostering enhanced comprehension among industry participants. Consequently, this research is poised to significantly advance the adoption of blockchain technology, facilitating secure, transparent, and efficient international trade practices.
Perlindungan Hukum Konsumen Dalam Perjanjian Pinjaman Online Nisa Riska Wahyu; Liza Puspita; Nia Alfitrianti; Fitri Ramadhani; Nur Azizah Aryeti
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/sq2cx258

Abstract

The rapid growth of providers of information technology-based money lending and borrowing services has apparently not been balanced with adequate education for the public, giving rise to various effects/risks arising from the large number of types of online loans and the fact that many companies are still found providing unregistered or illegal providers as well as the potential for personal data to be leaked. users that can be misused by the organizing company or other parties. Consumer protection is intended as all efforts to guarantee legal certainty to provide consumer protection, as in Article 1 number 1 UUPK. The existence of this UUPK is to guarantee legal certainty for consumer protection and the fulfillment of consumer rights
Implikasi Hukum Terhadap Perlindungan Konsumen Dalam Era Digital Muhammad Hafis; Delvi Yusril; Yulius Rico Adrianto; Rivaldi
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/pwm3ns72

Abstract

Everyone does not rule out the possibility of facing risks due to the actions they take. This risk can originate from agreements and/or laws and regulations which result in losses for consumers, so they must be responsible for their legal actions, and to obtain legal protection for consumers in the digital era. Therefore, in order to avoid the risk of greater loss, someone can apply for self-insurance, remembering that the purpose of insurance is to transfer the risk of violations to consumers in the digital era. The formulation of this research problem is Legal Implications for Consumer Protection in the Digital Era? This research uses a normative method with a statutory and conceptual approach, as well as secondary data in the form of primary legal materials and secondary legal materials with a conceptual analysis approach presented in the form of analytical descriptive narratives.
Kedudukan Penyidik Pegawai Negeri Sipil (PPNS) Keimigrasian dalam Penegakan Hukum Pidana Terhadap Imigran Ilegal Dea Adzkia; Elwidarifa Marwenny
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/y4xbwx28

Abstract

Indonesia is one of the countries that adheres to a state system based on law, both in the exercise of government power and based on law. Civil Servant Investigators (PPNS) are certain officials or one of the state apparatus or state institutions who are given special authority by law to carry out investigations into criminal acts where in carrying out their duties and responsibilities they are under the Coordination and Supervision of Police Investigators (Korwas PPNS). The position of the Immigration PPNS is very important because matters relating to immigration are closely related to the sovereignty of the Indonesian state. Immigration PPNS investigators not only have to comply with Law No. 6 of 2011 concerning Immigration but also have to comply with the rules contained in Law no. 8 of 1981 concerning criminal procedural law and must also obey and obey other legal regulations in Indonesia. The discussions in this research are 1) the regulations and principles of criminal law enforcement implemented by Immigration PPNS related to supervision theory; and 2) the position of PPNS Immigration in enforcing criminal law against illegal immigrants. This research uses normative juridical with a case approach using secondary data in the form of related laws, books, journals, legal dictionaries and other related documents so that it can be concluded that the regulations and principles of Immigration PPNS are related to the theory of supervision. This has a huge responsibility and is very important for Indonesia's sovereignty because this can threaten the justice of Indonesian society and has the potential to cause social jealousy if illegal immigrants who enter Indonesian territory are not prosecuted and are not dealt with firmly. A real example in the field is the commotion that occurred in the community due to Rohingya refugees who were not dealt with firmly and seemed to be left to their own devices.
Keabsahan Tanda Tangan Elektronik Dalam Pelaksanaan Cyber Notary Adrian F Harefa; Elwidarifa Marwenny; Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/qhfxw823

Abstract

Indonesia, which is in the era of globalization, is characterized by the era of Information and Communication Technology (ICT) which introduces the virtual world (cyberspace, virtual world) via the internet network, communication with paperless electronic media. Indonesian society has entered the virtual world which is abstract, universal, independent of the conditions of place and time through the media, and in today's developments, Notaries have also experienced technological advances as developments in society in carrying out their duties and functions as public officials, one of which is Electronic signature in Cyber Notary. In the provisions of Article 15 paragraph (3) of Law Number 2 of 2014, it is stated that other authorities regulated in statutory regulations include: authority to certify transactions carried out electronically (cyber notary), make deeds of waqf pledges and airplane mortgages, However, this provision is in conflict with Article 16 paragraph (1) letter m of Law Number 2 of 2014 which states that a Notary is obliged to read the deed in front of an audience in the presence of 2 (two) witnesses. Meanwhile, the cyber notary's position here is not directly in front of the Notary but through electronic means such as teleconference or video call, as well as Article 5 paragraph (4) in Law Number 11 of 2008, namely the provisions regarding electronic information and/or electronic documents which states that letters and documents which according to the law must be made in the form of a notarial deed or deeds made by deed-making officials must be made in written form, thereby giving rise to legal issues. The problem formulation includes 1). How to review the law regarding electronic signatures in notarial deeds based on Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 2 of 2014 regarding amendments to Law Number 30 of 2004 concerning the Position of Notaries ; 2). What are the legal consequences of applying digital signatures in notarial deeds? To answer this question, a normative juridical approach is used, namely an approach through literature study by examining legislation related to the problem formulation. And based on the results of this research, it is concluded that certification of transactions using a cyber notary remains valid in accordance with Article 15 paragraph (3) of Law Number 2 of 2014 which gives notaries the authority to certify transactions using a cyber notary while still paying attention to the following elements. elements of an authentic deed in Law Number 2 of 2014 and Article 1868 of the Civil Code which are the authenticity of the deed, the authority to make the deed as well as reading and signing using a cyber notary in the notary's work area and the deed remains valid as long as the form of the deed complies with the provisions of Article 38 Law Number 2 of 2014 and article 1868 of the Civil Code and the Utilization of Internet Protocol addresses (IP addresses) serve as references for datagrams so that they can arrive and be received on the intended device in order to avoid abuse of authority outside the Notary's area of office.

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