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Majelis: Jurnal Hukum Indonesia
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 3063380X     EISSN : 063380X     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal ini menyajikan artikel-artikel yang mencakup berbagai aspek hukum, mulai dari hukum perdata, pidana, administrasi negara, bisnis, lingkungan, hingga hukum internasional yang relevan dengan Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 83 Documents
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Pembagian Harta Bersama Akibat Perceraian Eko Sugianto; Wahyu Prawesthi; Siti Marwiyah
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 3 (2024): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i3.346

Abstract

Marriage is a sacred agreement in human life, although some marriages also fail and end in divorce. However, this divorce does not only stop at the end of the relationship between the two parties. But more than that, the problem of separation of joint property also often becomes a new problem after divorce. This study then aimed to review the implementation of divorce and division of property arising from marriage according to Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. The research method used is normative, with a statutory approach and a conceptual approach. The results of the study showed that the legal basis for joint property is contained in Chapter VII Article 35 to Article 37 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Based on this law, the path to division of joint property is divided through several mechanisms, namely based on religious law, based on customary law, and based on other laws. Compared to Law Number 1 of 1974, Law Number 16 of 2019 provides more detailed and modern regulations regarding joint property compared to previous provisions. Overall, according to Law Number 16 of 2019, the authority to settle the division of joint property arising from marriage involves the court in deciding fairly based on applicable law. The court has the responsibility to ensure that the division of property is carried out with the principle of justice, taking into account the contribution of each party and their needs and economic circumstances. In the case of mediation or agreements outside the court, the court still has the authority to assess and ensure that the decisions taken are in accordance with applicable legal provisions.
Perlindungan Hukum Terhadap Anak sebagai Pelaku Tindak Pidana Pengeroyokan yang Melibatkan Perguruan Silat (Studi Putusan Pengadilan Negeri No. 11/Pid.Sus-Anak/2023/PN Mjk) M. Abdul Hasyim; Nur Handayani; M. Syahrul Borman
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 3 (2024): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i3.347

Abstract

This study aims to explore legal protection for children as perpetrators of gang violence, with a special focus on cases involving martial arts schools. Gang violence involving children and martial arts schools often poses complex challenges in terms of law and child protection. The research methods used are normative and empirical legal research. The type of research used by the author is normative or doctrinal legal research. The data in this study were obtained through library research so that the research data came from secondary data, namely District Court Decision No. 11 / Pid.Sus-Anak / 2023 / PN Mjk). The results of the study indicate that the application of criminal law based on District Court Decision No. 11 / Pid.Sus-Anak / 2023 / PN Mjk) relating to formal criminal law and material criminal law is appropriate, because the procedural procedures and the application of articles in the decision are in accordance with the Criminal Procedure Code, the Juvenile Criminal Justice System Law, and the Child Protection Law. Then, related to legal protection for children, the fulfillment of children's rights has not been implemented optimally.
Ketuhanan dalam Era Pluralisme : Relevansi Sila Pertama Pancasila dalam Kebijakan Negara Hamdan, Nur; Masyitoh, Siti
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 1 (2025): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i1.445

Abstract

This study aims to examine the relevance of the first principle of Pancasila in supporting diversity and the role of the state in maintaining harmony of diversity in Indonesia. The method used is a qualitative approach with a descriptive-analytical method. Based on the results of the analysis, it can be concluded that the First Principle, "Belief in the One and Only God," supports diversity in Indonesia by emphasizing the value of inclusivity that promotes tolerance, respect, and recognition of various religions, cultures, and traditions. This supports the principle of Bhinneka Tunggal Ika, making diversity a unifying force for the nation. In addition, the state has a strategic role in maintaining harmony of diversity through regulations that ensure religious freedom, law enforcement against intolerance, and the development of multicultural education. Although challenges such as radicalism and intolerance remain, collaboration between the government and society is essential to realize social harmony in accordance with the values of the First Principle in Pancasila.
Peran Hukum Adat Dalam Penanggulangan Bencana Pandemi Dan Bencana Alam Dalam Bela Negara Guna Menjaga Kedaulatan Negara Arief Fahmi Lubis; Parluhutan Sagala; Tetty Melina Lubis
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 1 (2025): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i1.471

Abstract

This study examines the efforts of National Defense carried out by referring to the management of reserve components in the form of indigenous communities in managing the pandemic and natural disasters. Many indigenous institutions have shown extraordinary abilities in responding to crises quickly and effectively. The purpose of this study is to show that local indigenous institutions play a key role in coordinating aid and reconstruction efforts. The mutual cooperation system that is deeply embedded in the indigenous social structure allows for the rapid mobilization of community resources to help victims and begin the recovery process. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research was conducted. The results of this study indicate that the integration of local wisdom in disaster mitigation also has the potential to strengthen the resilience of the community as a whole. By respecting and utilizing local knowledge, disaster mitigation efforts are not only more effective but also more accepted and supported by the local community in order to maintain state sovereignty.
Pengawasan pada Pengelolaan Penerangan Jalan Umum Oleh Dinas Perumahan Rakyat, Kawasan Permukiman Kebersihan dan Pertamanan Kota Tanjungpinang Nurul Aulia Putri; Jamhur Poti; Fitri Kurnianingsih
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 1 (2025): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i1.481

Abstract

This research aims to explain the management control of public street lighting (PJU) in Tanjungpinang City. PJU is an important element in creating safety and comfort for the community in economic, social and traffic activities. However, not all areas in Tanjungpinang have been covered by PJU facilities, and many PJUs are damaged. This research uses the control theory by T. Hani Handoko (2010) which consists of 1) Feedforward control, 2) Concurrent control, and 3) Feedback control. The research method used is qualitative with data collection techniques of observation, interview, and documentation. The results showed that PJU management control in Tanjungpinang City was not optimal. In feedforward control, there are obstacles such as the lack of community participation in PJU development planning. In concurrent control, coordination between the community, the Housing, Settlement Areas, Cleanliness and Parks Office, consultants, PLN, and contractors has not been optimal. While in feedback control, the lack of community participation in reporting damage and maintenance of PJU is only done based on reports or surveys with priority on protocol roads. Routine supervision is limited due to limited human resources, and response to public complaints is slow. This study concludes that the improvement of PJU management requires good planning and active community participation.
Pasal 1157 Ayat 2 KUH Perdata sebagai Dasar Jaminan Biaya-Biaya Tak Terduga yang Timbul Akibat Menggadaikan Barang Bergerak Fajar Andika Pratama; Nadia Isna Putri; Ananda Althof Samudra; Eti Mul Erowati
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 1 (2025): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i1.487

Abstract

Pawn is one of the property rights obtained by a person who receives the goods—who provides credit—on a movable and tangible item that is handed over to him by a person who is in debt or by another person on his behalf. Pawning is a common phenomenon in many countries, especially in Indonesia. The regulations related to pawn are determined in the Civil Code, especially in Article 1150 of the Civil Code, and are further regulated in various additional articles in the Civil Code. Pawn requires the existence of two or more parties who are related to each other and agree to make a binding agreement with a certain period of time to receive and provide guarantees to an entity in return for a certain amount of money or other goods, which must then be returned in accordance with the agreement that has been made along with the surplus value that may arise as a result of added value or interest. This is an obligation that must be fulfilled by the party who owes, but the party who provides the credit also has a handful of obligations that must be fulfilled as a form of accountability for the pawned goods that are received and maintained for a certain period of time, for example, maintaining the pawned goods from potential damage or carrying out maintenance so that the pawned goods function properly. However, the party who provides the credit has the right to receive compensation or a refund of the maintenance costs incurred to maintain the pawned goods; this is regulated in Article 1157, Paragraph 2, of the Civil Code, which is a guarantee for every entity that provides credit to obtain its rights or compensation from efforts to "rescue" the pawned goods.
Analisis Yuridis terhadap Hambatan Penegakan Hukum dalam Kasus Pelanggaran Etika Profesi Tenaga Kesehatan di Indonesia Sri Nur Damayana
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 4 (2024): November: Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i4.499

Abstract

Professional ethics is not only a moral guideline for health workers, but is also an integral part of the legal system that regulates the relationship between health workers, patients and society. In a legal context, professional ethics is the foundation that guarantees that every action of health workers is carried out in accordance with professional standards and aims to protect patient rights. The aim of this research is to analyze the obstacles and impact of obstacles faced in law enforcement on violations of professional ethics for health workers in Indonesia. The research method used is normative research, using secondary data. The research results show that obstacles to law enforcement against violations of professional ethics for health workers in Indonesia stem from various factors, such as weak regulations, lack of coordination between institutions, slow and complicated legal processes, and minimal understanding of ethics and law among health workers. Furthermore, there is a significant impact on the protection of patient rights and the professionalism of health workers in Indonesia. On the one hand, patients become vulnerable to violations of their rights, such as the right to safe and quality medical services.
Perlindungan Hukum Terhadap Penelantaran Anak Secara Ekonomi di Kabupaten Sukabumi Muhamad Salman Farisi; R. Eriska Ginalita Dwi Putri
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 1 (2025): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i1.504

Abstract

Economic neglect of children is a condition where a child does not receive sufficient basic needs fulfillment from parents or caregivers, either intentionally or due to inability. This research aims to examine and analyze the mechanisms and barriers in providing legal protection for economically neglected children in Sukabumi District. This study employs normative legal research with data sources consisting of interviews, observations, and literature studies. The method used to process and analyze the data is qualitative analysis, conducted at the Integrated Service Center for Women and Children Empowerment (P2TP2A) in Sukabumi District. According to the research findings, the forms of legal protection provided include supervision, prevention, care, and rehabilitation. The barriers in providing legal protection for economically neglected children include funding issues, lack of understanding of procedures among personnel, reluctance of society to report cases, absence of clear Standard Operating Procedures (SOPs), overlapping roles and responsibilities, and lack of empathy.
Tinjauan Yuridis Kedudukan Status Tanah di Kawasan Benteng Vastenburg: (Studi Kasus Pada Tanah Bekas Sertifikat HGB Nomor 383 Atas Nama PT Bank Danamon Indonesia) Hans Blix Baarixur Rahman; Lego Karjoko; Fatma Ulfatun Najicha
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 1 (2025): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i1.556

Abstract

Vastenburg Fort is a cultural heritage area that has been designated by the Department of Culture and Tourism in 2010. In line with this designation, the City Government changed the spatial plan of Surakarta City by revising the Regional Regulation related to the regional spatial plan. In addition, the land status in the Vastenburg Fort area is divided into building use rights granted to the private sector. Even so, the City Government managed to obtain the former HGB land No. 383 which was designated as a Public Service Mall. The change in designation as a Public Service Mall is considered to reflect the need to adjust to the spatial plan in Surakarta City. However, the purpose of spatial planning in the Vastenburg Fort area should be designated for the preservation of cultural heritage. The purpose of this study is to find legal certainty arising from the conversion of former HGB land into a Public Service Mall by the Solo City Government. This study uses an empirical legal studies. The results of this study indicate that the conversion of former HGB land No. 383 in the Vastenburg Fort area by the Surakarta City Government is in accordance with the legislation. As for the City Government, the land is designated for the Public Service Mall in accordance with the spatial plan in Surakarta City in the Surakarta City RTRW Regional Regulation for the preservation of cultural heritage. However, the Surakarta City Government has not yet maximized the acquisition of HGB in the Vastenburg Fort area so that the use of land in the area is more optimal so that it benefits the entire community.
Politik Hukum Terkait Pertanahan (Agraria) Indonesia Ahmad Muhamad Mustain Nasoha; Muhammad Syauqi; Jhovan Eko Saputra; Abdul Adzim Hilmi Ahmad
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.611

Abstract

Land law politics in Indonesia plays a crucial role in realizing social justice and sustainable development through fair and sustainable management of agrarian resources. The primary legal foundation governing land matters is Law No. 5 of 1960 on Basic Agrarian Principles (UU Pokok Agraria), which asserts that all land, water, and air spaces are controlled by the state and utilized to the greatest extent for the welfare of the people. However, the implementation of land law politics faces significant challenges, including disparities in land distribution, agrarian conflicts, and misalignment between central and regional policies. Policy changes, such as the introduction of Land Management Rights and Land Banks through the Omnibus Law, add complexity and raise questions about their alignment with UU Pokok Agraria's fundamental principles. Resolving land disputes also becomes a critical issue, necessitating effective and inclusive legal mechanisms. Therefore, comprehensive reform in land law politics is required, encompassing regulatory harmonization, consistent law enforcement, and active public participation, to ensure fair and sustainable land management for the welfare of the people.

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