HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan adalah jurnal yang diterbitkan oleh Fakultas Syariah IAIN Fattahul Muluk Papua. Jurnal ini memuat kajian-kajian di bidang ilmu hukum baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat.
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<![CDATA[PEMAAFAN HAKIM DALAM HUKUM PIDANA INDONESIA : PESPEKTIF FALSAFAH PANCASILA ]]>
<![CDATA[Ariyad, Fikri]]>;
<![CDATA[Islamy, Athoillah]]>
<![CDATA[ HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 1 (2022): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Fattahul Muluk Papua ]]>
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DOI: 10.53491/hunila.v1i1.308
<![CDATA[This study intends to identify the values of the Pancasila philosophy in the concept of forgiveness of judges contained in the Draft Criminal Code (RKUHP). This study uses a normative-philosophical approach. The data analysis technique is through the stages of data reduction, data presentation, and data verification. The results of the study show that there are dimensions of the values of the Pancasila philosophy in the concept of forgiveness of judges. Those values are the divinity value, humanity value, national value, democracy value, justice value. The theoretical implication of this research shows that the various values of Pancasila can be the basis of legal paradigms and ideals in the modernization of Indonesian criminal law so that they are in line with the spirit of Indonesian values. The limitation of this research is that it has not reviewed the formal legal provisions of the concept of judge forgiveness]]>
<![CDATA[ASAS PUTUSAN HAKIM DALAM PERKARA PEREMPUAN BERHDAPAN DENGAN HUKUM DI INDONESIA: PERSPEKTIF CEDAW ]]>
<![CDATA[Arrasyid, Fuazan]]>;
<![CDATA[Harahap, Abdul Aziz]]>
<![CDATA[ HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 1 (2022): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Fattahul Muluk Papua ]]>
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DOI: 10.53491/hunila.v1i1.325
<![CDATA[Discriminatory treatment and gender stereotypes often adversely affect the accessibility of legal justice for women. This study aims to identify the dimensions of gender equality in the principle of judges' decisions contained in Supreme Court Regulation Number 3 of 2017 in the perspective of the Convention the Elimination of all Forms of Discrimination againt Women (CEDAW). This normative legal research uses a philosophical approach. The results of this study show that in terms of the CEDAW perspective, there is a mainstreaming of gender equality in various principles of judges' decisions on women's cases in Indonesia. First, the substantive dimension of equality in the principle of gender equality and equality before the law. Second, the dimension of non-discrimination in the principle of humanity and expediency. Third, the dimensions of state obligations in the principles of justice, non-discrimination and legal certainty.The theoretical implications of the findings of this study show various CEDAW principles have actually been manifested in various principles of judges' decisions on women's cases in Indonesia.]]>
<![CDATA[UPAYA REFRESIF POLSEK TURIKALE KABUPATEN MAROS DALAM MENANGGULANGI TINDAK PIDANA PERJUDIAN ]]>
<![CDATA[Zulfadli, Zulfadli]]>
<![CDATA[ HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 1 (2022): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Fattahul Muluk Papua ]]>
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DOI: 10.53491/hunila.v1i1.350
<![CDATA[In accordance with article 303 of the Criminal Code and Law no. 7 of 1974 concerning Control of Gambling This research was initiated with the intention of examining the repressive efforts carried out by the Turikale Resort Police in Maros Regency to eradicate gambling as a crime. Empirical legal research is used in this study. types of research. Primary and secondary legal materials are used as a source of research data. By managing primary data obtained from Polres Turikale Maros Regency, this research is included in the type of qualitative data. This study found that people in the Turikale Law Area of the Polsek in Maros Regency gambled in various ways, including cockfighting and card gambling (Domino and Remi). In addition, there are several factors that motivate people to gamble, including environmental factors, environmental factors, and environmental factors. Perception of skills, perception of the possibility of winning, and the low level of public education. The Turikale Police have taken the following steps to combat gambling offences: Repressive measures are taken after the crime has occurred, whereas preventive measures are taken at the preventive level.]]>
<![CDATA[IMPLEMENTASI RESTORATIVE JUSTICE TERHADAP KEKERASAN SEKSUAL SECARA VERBAL (STUDI KASUS DI TROWULAN MOJOKERTO) ]]>
<![CDATA[Dewi, Dwi Ratna Cinthya]]>;
<![CDATA[Ilmiya, Suci Syamrotul]]>;
<![CDATA[Listi, Lathifa Adi]]>
<![CDATA[ HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 1 (2022): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Fattahul Muluk Papua ]]>
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DOI: 10.53491/hunila.v1i1.351
<![CDATA[The crime of immorality began when a young man in Jambuwok Village, Trowulan District, committed acts that were considered to violate the norms of social good faith. A young man (AS) often peeked and stole his underwear and disturbed nearby citizens. These events were resolved in a restorative juctice manner by peaceful means. This type of research is field research (field reserch) with data search for the application of restorative justice in cases of verbal sexual violence. This study is the result of a study of an empirical juridical approach that aims to study and analyze the function of law in society that is manifested in the legal behavior of society. The case approach aims to study between legal theory and practice in the implementation of positive law regarding restorative juctice in cases of sexual harassment. All parties involved in the matter. The process of resolving immoral crimes committed in Trowulan is mediated by the village head, in accordance with the concept of restorative justice, namely through deliberations with all parties to maintain a sense of justice. It ended peacefully without hurting anyone.]]>
<![CDATA[IMPLEMENTASI PEMBERIAN BANTUAN HUKUM KEPADA MASYARAKAT TIDAK MAMPU MELALUI POSBAKUM DI PENGADILAN AGAMA JAYAPURA ]]>
<![CDATA[Kurniawati, Laili Shofiya]]>;
<![CDATA[Sugimin, Sugimin]]>;
<![CDATA[Lakarim, Rahmat]]>
<![CDATA[ HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 1 (2022): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Fattahul Muluk Papua ]]>
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DOI: 10.53491/hunila.v1i1.385
<![CDATA[Supreme Court Circular Letter (SEMA) Number 10 of 2010 which is currently changed to Supreme Court Regulation (PERMA) Number 1 of 2014 concerning Legal Aid Services to underprivileged people in the Courts. By seeing this, the Jayapura Religious Court is required to be as much as possible to implement the rule.. Therefore, this research will see how the implementation that has been implemented by the Jayapura Religious Court and the obstacles in implementing the regulation. The research used is qualitative research by looking at a case study in the Court institution. Where the data is obtained through observation, interviews, and documentation, which then the data will be analyzed using laws and regulations. The results of the study suggest that in implementing the Regulation on the provision of legal assistance to underprivileged people, it has not run optimally because there are several obstacles faced by the Jayapura Religious Court, including first, budget constraints that have not been accommodated by the entire poor in need. Second, public knowledge related to the Legal Aid Post (POSBAKUM) in the Jayapura Religious Court is still low. And the third, the lack of Legal Aid Institutions to manage Legal Aid Posts (POSBAKUM) in the Field of Islamic Civil Affairs.]]>
<![CDATA[NALAR KRITIS POLIGAMI SEBAGAI KEKERASAN DALAM RUMAH TANGGA: (Analisis Terhadap Undang-Undang KDRT Nomor 23 Tahun 2004) ]]>
<![CDATA[Sugitanata, Arif]]>;
<![CDATA[Karimullah, Suud Sarim]]>
<![CDATA[ HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 2 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Fattahul Muluk Papua ]]>
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DOI: 10.53491/hunila.v1i2.515
<![CDATA[In this paper, the researcher analyses and explains polygamy as a form of domestic violence from the perspective of positive Indonesian law and how it critiques Law No. 1 of 1974 on Marriage by examining Law No. 23 of 2004 on the Elimination of Domestic Violence in Indonesia. Using a literature review, this study found that polygamy carried out without fulfilling the conditions stipulated in the marriage law and Islamic Law Compilation (KHI) can be a form of domestic violence. This is because polygamy committed without the first wife's consent and without regard to the family's welfare can cause injustice and imbalance in the husband-wife relationship and damage the family concerned. Polygamy cases, if associated with Law No. 23 of 2004 concerning the elimination of domestic violence, are a form of psychological violence that can be criminalised and charged with Domestic Violence Law No. 23 of 2004, specifically Article five, which states that "every person is prohibited from committing acts of domestic violence against persons within the scope of their household, whether committed directly or indirectly, to cause pain or misery or suffer physically, sexually, psychologically, and or domestic neglect, including domestic neglect". The criminal penalty can be imprisonment of up to three years or a fine of up to 9 million rupiahs. Suppose the psychological attack causes illness or prevents the victim from doing their job to the extent that their daily activities are disrupted. In that case, they can face imprisonment of up to four months or a fine of three million rupiahs.]]>
<![CDATA[ALASAN MENDESAK SEBAGAI SYARAT DISPENSASI NIKAH DALAM UU NO. 16 TAHUN 2019: (Analisis Yuridis Terhadap Putusan Pengadilan Agama Sentani No.16/Pdt.P/2021/PA.Stn) ]]>
<![CDATA[Suherman, Heru Andryana]]>;
<![CDATA[Marwah, Marwah]]>
<![CDATA[ HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 2 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Fattahul Muluk Papua ]]>
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DOI: 10.53491/hunila.v1i2.518
<![CDATA[The institution of marriage plays a significant role in the human experience. Law No. 16 of 2019 lays forth the general principles that will govern marriage law. Religious courts have the authority to waive or reduce the minimum age limit for marriage for those who are less than 19 years old for males and 16 years old for women. For the purpose of this study, we use a normative juridical method to investigate questions about the relationship between statutory and regulatory frameworks. Notwithstanding this, the courts often make exceptions when it comes to weddings. There is a critical need, as well as strong evidence, to redouble our efforts to limit the number of marriages that take place between children.]]>
<![CDATA[KEWENANGAN PENGADILAN NEGERI MEMUTUS SENGKETA ANTARA PARTAI POLITIK DAN KOMISI PEMILIHAN UMUM ]]>
<![CDATA[Mahmudi, Mohammad]]>
<![CDATA[ HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 2 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Fattahul Muluk Papua ]]>
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DOI: 10.53491/hunila.v1i2.526
<![CDATA[The District Court is a general court institution that handles criminal and civil cases which is domiciled at the district or city level, while a state institution is a body that has the authority and duties for certain matters and is specific in nature, such as the KPU which functions as an organizer of general elections that cannot be separated from conflicts or disputes in the stages of holding elections, in this case there are issues that cause dynamics, namely the result of a lawsuit filed by the just and prosperous people's party in suing the KPU because the Prima party did not pass as a political party candidate for the 2024 election. This type of research is normative research. (legal research), namely placing law into a system of norms. This research uses a statutory approach (statute approach) and an analytical approach (analitycal approach). The authority of the district court in deciding disputes over the general election process that occurred as a result of the failure of political parties participating in the election with the KPU is beyond the competence of the general court and claims cannot be accepted. The election law regulates three matters relating to election dispute resolution: first, settlement Election process disputes are conducted through the election supervisory body (Bawaslu). Second, the settlement of election disputes is carried out by legal means through the State Administrative Court (PTUN) because every decision issued by the KPU is a State Administrative decision. Third, the settlement of disputes over the results of general elections is carried out through the Constitutional Court as regulated by the 1945 Constitution.]]>
<![CDATA[PROPOSAL WAKAI SECARA EX-OFFICIO DAN IMPLEMENTASINYA DALAM MEDIASI BERDASARKAN PERMA NOMOR 1 TAHUN 2016 ]]>
<![CDATA[Huda, Dwi Sakti Muhammad]]>;
<![CDATA[Wahyuni, Desi]]>;
<![CDATA[Parwanto, Wendi]]>
<![CDATA[ HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 2 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Fattahul Muluk Papua ]]>
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DOI: 10.53491/hunila.v1i2.533
<![CDATA[Court mediation procedures in Indonesia are regulated in the Regulation of the Supreme Court (PERMA) of the Republic of Indonesia Number 1 of 2016 (Perma Nomor 01 Tahun 2016). If we compare it with other countries, such as Japan, even since the 1980s the concept of mediation has been popular among the people regarding how to resolve disputes by wakai. If viewed philosophically, the concept of mediation in Indonesia and wakai in Japan must have the same principle, because the value is the same, namely peace. This study aims to provide an overview of integrating the civil law judicial mediation process in Indonesia which is heavily influenced by the wakai system in Japan. The unification was carried out due to the reduced pile of cases in Japan caused by the implementation of the wakai system. However, the author also wants to show that the wakai proposal can also be implemented in the practice of Mediation based on Perma Number 1 of 2016. This research is a normative juridical research with library research method which includes research on legal principles and comparative law research. The approach used in this research is a statutory approach and a conceptual approach. The results of this study indicate that Perma Number 1 of 2016 which is applied to the State of Indonesia with wakai used in Japan materially, has similarities. However, formally or in practice there are some differences, especially regarding the status of the mediator. Several things from the practice of implementing wakai proposals that are considered suitable and in accordance with the character of Indonesia and do not conflict with the provisions of Perma Number 1 of 2016 are related to the practice of ex-officio mediators in formulating wakai proposals in assisting parties in formulating peace agreements.]]>
<![CDATA[PUTUSAN HAKIM ATAS PEMENUHAN HAK-HAK ISTRI PADA KASUS CERAI GUGAT DALAM PERSPEKTIF CEDAW ]]>
<![CDATA[Islamy, Athoillah]]>;
<![CDATA[Abduh, Muhammad]]>
<![CDATA[ HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 1 No. 2 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Fattahul Muluk Papua ]]>
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DOI: 10.53491/hunila.v1i2.535
<![CDATA[This study aims to identify the dimension of gender justice in the judge's decision on the divorce case in the Tasikmalaya City Religious Court Decision No. 2000/Pdt. G/2021/PA Tmk which requires the husband (defendant) to pay 'iddah, mut'ah, and madhliyah to the wife (plaintiff). This normative-empirical legal research uses a philosophical approach. The principle of gender equality in CEDAW becomes the theory of analysis of the subject matter of this study. The results of the study show that there is a dimension of gender justice in the judge's decision at the Tasikmalaya City Religious Court No. 2000/Pdt.G/2021/Pa.Tm which is in line with the three principles of the CEDAW convention. First, the principle of substantive equality in the judge's gender-fair decision for the rights of plaintiffs is manifested juridically in the decision of the Tasikmalaya City Religious Court. Second, the principle of non-discrimination in the judge's decision that is gender fair to the plaintiff's rights based on the defendant has no longer provided a living. Third, the principle of state obligation on gender-fair judges' decisions for plaintiffs' rights based on gender-responsive laws on women's rights after divorce. The theoretical implications of this study show that the principle of gender mainstreaming in the CEDAW convention can be transformed into the decision of a Religious Court judge regarding a lawsuit case. The limitation of this study has not examined the variety of factors that often make judges passive, so that if the plaintiff does not demand a grant from the defendant, then the plaintiff does not get material rights from the plaintiff.]]>
