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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 290 Documents
Penegakkan Hukum Oleh Kepolisian Terhadap Preman Yang Melakukan Pemalakan Di Angkutan Umum(Studi Kasus Polresta Padang) Kevin Kurniawan; Sry Wahyuni; Elwidarifa Marwenny
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/z5cvsf37

Abstract

This thesis is entitled Enforcement of The Law By The Police Against Thugs Who Commit Public Transport Avoidance. Which in writing uses normative research methods, using the and case studies, research that examines the factual implementation or implementation of positive legal provisions in each specific legal event. The formulation of the problem in this research is: (1) What are the law enforcement efforts carried out by the police in dealing with thuggery in Padang City. (2) What are the obstacles faced by the Police in dealing with thuggery in Padang City? From the legal research that has been carried out using the research mentioned above, it can be concluded that, in the first problem formulation, law enforcement efforts have been carried out in a repressive and preventive manner, but in practice law enforcement administrators in the field often experience conflict between legal certainty and justice. This is because the conception of justice is an abstract formulation, while legal certainty is a procedure that has been determined normatively. Meanwhile, the second problem formulation discusses the obstacles faced by the police in dealing with thuggery in Padang City, such as internal obstacles and external obstacles.
Analisis Upaya Perlindungan Hukum Bagi Anak Korban Pelecehan Seksual Di Kota Padang (Studi Terhadap Putusan No.30/PID.SUS-ANAK/2021/PN PDG) Kharisma Bunga Leony; Sry Wahyuni; Desi Sommaliagustina
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/b1c04022

Abstract

Sexual abuse of children is one of the serious problems faced by the current government because it is related to the government's efforts to implement Law No. 35 of 2014 concerning Child Protection. On the other hand, children who are victims of sexual abuse are part of society that has not yet developed both physically and psychologically so they need special companions in their handling. The problems in this study are focused on how to form law enforcement and legal protection for childrens victims of sexual abuse in Padang City. The purpose of this study is to find out how law enforcement efforts and legal protection against the crime of sexual abuse of children are made. Therefore, this type of research is normative legal research because this study discusses decision No.30/PID. SUS-ANAK/2021/PN PDG. Based on the results of the discussions that have been carried out, it can be concluded that in the decision there are still shortcomings in ensuring the recovery and rehabilitation of children as a whole. In addition, the ruling does not appear to have fully considered the long-term impact that children may experience, as well as the lack of a comprehensive approach to protecting children's rights in accordance with the principle of best interests of the child. The less comprehensive approach and limited education and mentoring programs for children show that the legal protection provided is still not optimal. This process includes complaints, investigations by the police, investigations by prosecutors, trials in special children's courts, and protection during legal proceedings and after court decisions. This effort aims to ensure that victims get the justice and protection they deserve.
Tinjauan Yuridis Terhadap Gugatan Kabur (Obscuur Libel) Dalam Kasus Wanprestasi Penanaman Modal Usaha Pada PT Arasy Mulia Utama Arafah, Zahid Nugrah; 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/ptp4k515

Abstract

The research in this thesis is based on decision Number 110/Pdt.G/2020/PN.Pdg in which ade frinando as the plaintiff sued maryati zamsya for default in a business capital investment case where on August 6, 2018 the plaintiff and the defendant agreed to enter into a business capital agreement the parties agreed that the second party would receive a dividend of around 2 percent (2 percent) of the profit every semester during the agreed period of 2 ½ years After 6 months since the capital was invested there has been no distribution of results so that the defendant demands that the plaintiff return the capital that the defendant has invested on this basis the plaintiff sues the defendant for default. The problem formulation of this thesis is (1) what are the considerations of the judge in deciding the case in decision number 110/pdt.G/2020/PN.pdg (2) what are the legal consequences for both parties to decision number 110/Pdt.G/2020/PN.Pdg. In this study, the type of research used by the author is normative legal research, the type of research used by the author is descriptive, the author's data collection source uses literature study techniques and document studies The analysis used in this study uses qualitative analysis methods. He results showed that (1) The reason why the plaintiff sued the defendant was because of the default of the agreed business investment on the date on which the defendant withdrew the capital before the agreed time (2) The reason why the defendant withdrew the capital was because there was no profit sharing between the two parties (3) The judge accepted the defendant's exception regarding the obscure lawsuit (obscuur libel) by declaring the plaintiff's lawsuit unacceptable (Niet Ontvantkelijk Verklaark)
Peran PPAT Dalam Melindungi Hak Kepemilikan Tanah Di Indonesia Ubaidillah
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/gd57c078

Abstract

This research aims to examine the role of Land Deed Officials (PPAT) in protecting land ownership rights in Indonesia. The research method used is qualitative, with a case study approach to gain an in-depth understanding of the role of PPAT. Data was collected through in-depth interviews with PPAT, land owners and other relevant stakeholders. The research results show that PPAT has a key role in protecting land ownership rights by carrying out the process of making legal land deeds and following applicable regulations. However, there are still several challenges such as a lack of public awareness of the importance of PPAT in land transactions and PPAT compliance with professional ethics.
Faktor Penyebab Kekerasan Dalam Rumah Tangga Terhadap Perempuan Di Indonesia Belvina Azahra; 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/cmb00z20

Abstract

A considerable number of Indonesians are encountering challenges within their households. In 2023, 6,480 (or 79%) of the 8,234 reported KDRT cases to Komnas Perempuan and its affiliates occurred within the premises of the tangga house. As of 3.221 inside, the kerasan in the staircase of the house has attained its maximum capacity. This research aims to elucidate the origins and impacts of violence within Indonesian households, specifically focusing on the behaviors of the perpetrator and their family members, interpreting the underlying causes of the issue, and examining the perceptions shaped by the relevant perspective, along with the perpetrator's insights regarding the repercussions of the problem. The present study employs both conceptual and normative-legal sources of information. The study's findings indicate that the violence occurring within the household staircase can consist of various sources. The theoretical framework concerning social isolation, control, resources, and ecosystems is readily comprehensible due to several reasons discussed herein. The use of violence by perpetrators, whether through bare hands or other instruments, has the potential to be exacerbated by physical aggression occurring in proximity to the residence, potentially surpassing the severity of the violence within the home itself. Injury or even death may result from the occurrence of violence within the staircase house.
Perlindungan Hukum Terhadap Perempuan Dan Anak Korban Kekerasan Seksual Fatimatul Risna; 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/esej1c59

Abstract

As time goes on, the conditions and lifestyle of children deteriorate because, as far as they can tell, the world and society are causing problems for children. In 2021, 8.43% of children and adults reported sexual dysfunction, and by 2024, that number had risen to 8.82%. This research aims to analyze, describe, and illustrate the legal protections afforded to parents and children who become victims of sexual abuse and other forms of violence. This type of research is normative, employing conceptual frameworks and principles. The results of this study indicate that legal protection against women and children who are victims of sexual violence is regulated in the 1945 Constitution, Criminal Code, Law 39/1999, Law 35/2014, Law 11/2012, Perppu 17/2016, Law 12/2022, Law 23/2004, Law 16/2011, Law 13/2006, Law 26/2000 and in the implementation of legal protection against women and children who are victims of sexual violence there are several obstacles faced, these obstacles come from law enforcement factors that do not carry out their obligations according to existing regulations, lack of facilities for victims, factors from the victims themselves who have a fear of reporting, and lack of attention from the community.
Penerapan Diversi Pada Anak Sebagai Pelaku Tindak Pidana Di Indonesia Selly Patria Amanda
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/r78h7a02

Abstract

This article discusses child protection in the context of Indonesian law, with a focus on the Child Protection Law and the Juvenile Criminal Justice System. The main issues raised are the need to protect children from violence and negative stigma, as well as the challenges in implementing diversion as an alternative to resolving children's cases. The formulation of the problem includes the application of diversion to protect children's rights and the role of law enforcement officials in this process The research method used is normative law, by analyzing existing regulations and implementation challenges, such as lack of parental support and coordination between institutions. The results show that diversion aims to rehabilitate children without reducing criminal liability, although its implementation still faces obstacles. The conclusion emphasizes the importance of a restorative justice approach in the juvenile criminal justice system to provide a more holistic solution, as well as the need for efforts to overcome obstacles to make the implementation of diversion more effective.
Analisis Proses Hukum Atas Kasus Pelanggaran Kode Etik Anggota Kepolisian Yang Melakukan Tindak Pidana Qaulan Sadidah
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: 10.62379/51p7sj38

Abstract

The Indonesian National Police (Polri) is one of the governmental institutions responsible for enforcing the law in Indonesia. This task is not easy, as it is not only the community that must be aware of and comply with the law, but also the police themselves in determining which laws are more relevant and whether any violations align with existing legal provisions. The method employed in this research is qualitative. The findings of this study indicate that violations of the code of ethics committed by police officers who engage in criminal acts are processed through two legal channels: criminal prosecution and internal ethics hearings.
Dampak Negatif Sosial Media Terhadap Anak Dibawah Umur Renindita, Renindita; 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/ywmkcj62

Abstract

The power of social media lies in its ability to harness the collective intelligence of its users by actively involving them and soliciting their input from diverse groups. The use of social media for public relations purposes can have unintended consequences if not handled with care. Analysing, describing, and illustrating the negative effects of social media on minors as well as efforts to counteract these effects are the primary goals of this research. This study takes a conceptual approach to research, making it normative. First, the negative effects of social media on children include stunted development, health problems, increased risk of criminal behaviour and cyberbullying, impaired language skills, and unhealthy comparisons with others. Second, teacher educators can do their part to mitigate the negative effects of social media on youth by banning smartphone use in the classroom, parents can set limits on when and how much time their children can spend on social media, policymakers can take action through legislation and outreach, and members of the community can work together to make their neighbourhoods safer and healthier for teens.  
Faktor-Faktor Penyebab Anak Menjadi Korban Kekerasan Dalam Rumah Tangga Dan Tanggung Jawab Negara Imelda Aprilia Putri; 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: 10.62379/918cwm45

Abstract

This article examines the factors causing children to become victims of domestic violence (DV) and the state's responsibility in protecting children's rights. The legal issue raised is the lack of legal protection for child victims of domestic violence and how law enforcement and state policies are not yet optimal in preventing and addressing these cases. The aim of this study is to identify the factors contributing to violence against children within households and evaluate the role of the state in prevention and child protection efforts. The methodology used is literature review with a normative juridical approach by analyzing relevant laws and case studies from official reports. The results show that economic factors, low parental education, and patriarchal culture are the main causes, while the state's efforts remain insufficient to comprehensively tackle this issue.

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