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HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
Published by Institut Agama Islam Negeri Fattahul Muluk Papua
ISSN : -     EISSN : 29630487     DOI : https://doi.org/10.53491/hunila.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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TANGGUNG JAWAB HUKUM ANGGOTA MILITER DALAM KASUS KORUPSI MELALUI PERADILAN KONEKSITAS ANTARA KPK DAN TNI Mahmudi, Mohammad; Ludfi
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 1 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i1.672

Abstract

Corruption is a serious threat to development, social stability and public trust in government. The involvement of members of the military in corruption cases is a serious concern, given the strategic role played by the military in maintaining national security. This article describes the urgency of judicial connectivity between the Corruption Eradication Commission (KPK) and the Indonesian National Armed Forces (TNI) in handling corruption cases involving members of the military. The research uses normative legal analysis methods by collecting data through literature studies, recognizing the legal responsibilities of military members in cases of corruption under existing regulations. This article also analyzes legal challenges that arise, such as hierarchies and loyalties within military institutions, which can affect the judicial process. The establishment of a judiciary connection between the KPK and the TNI is considered important to maintain the integrity of military institutions, ensure transparency in the handling of corruption cases, and strengthen the eradication of corruption. overall. The advice given is to strengthen cooperation between the KPK and the TNI and to increase the capacity of connectivity court judges to respond to legal challenges that arise in the handling of corruption cases for members of the military.  
ANALISIS TINJAUAN YURIDIS TERHADAP PROGRESIFITAS LEGALITAS PERKAWINAN POLIGAMI Arifin, Mochammad; Slamet
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 1 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i1.675

Abstract

Polygamy is not done just for fun, but is done because of a certain cause or problem. From a fiqh perspective, polygamy is a hereditary tradition that has existed since ancient times. However, in this case, polygamy also cannot be carried out haphazardly by people who cannot treat their wives fairly in the future, both in terms of dhohir living and spiritual living and having the limit is only up to 4 wives. As mentioned in Surah An-Nisa Al-Quran (3 and 129). Furthermore, from a positive legal perspective, polygamy is a practice that is not specifically prohibited. However, in this case polygamy must also fulfill the conditions are quite strict, as explained in Article 3 of the Marriage Law Number 1 of 1974, including the conditions for carrying out polygamy, one of which is a wife who is sick or disabled. difficult to bear. treatment and infertility. And finally from the point of view Compilation of Islamic law, the requirements for polygamy are not much different from the requirements of fiqh and UUP. In doing this, the husband must be able to treat his wife fairly and have adequate financial capabilities.
PERLINDUNGAN HUKUM ATAS HAK CIPTA JIPLAKAN KONTEN PLATFORM TIKTOK Jamil, Nury Khoiril Jamil; Rato, Dominikus; Setyawan, Fendi
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 1 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i1.678

Abstract

Abstract This research analyzes legal protection for creators in creating content. The fast flow of content on TikTok has a lot of potential for plagiarism, which legally, copyright has its own protection for creators, both morally and even commercially. It is important to ensure legal protection, both preventive and even repressive, for creators that provides justice for creators in their work. In this research, there are two problem formulations, namely 1) How is Copyright Protection for Tiktok Creator Content for Their Creations? 2) What are the legal remedies for copyright infringement against plagiarized on TikTok content? This research uses a type of normative research method, namely research with the object of study being legal and regulatory documents and library materials with a statutory approach and a conceptual approach. This research resulted in, 1) TikTok's terms of service contain a license agreement which may violate the provisions of Article 82 of the HC Law, which limits the making of license agreements, thereby guaranteeing legal protection for the copyright of TikTok creators. This still raises legal issues; 2) The legal remedy that can be taken for losses in content created by creators is to sue civilly, because in the context of TikTok content, they only have moral rights and there are no economic rights in it.
PERLINDUNGAN SAKSI PERKARA PERCERAIAN YANG MEMBERIKAN KETERANGAN DALAM PERSIDANGAN Muh Sutri Mansyah; La Ode Bunga Ali
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 1 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i1.702

Abstract

Witnesses who provide testimony at divorce trials often experience threats and even legal action. Meanwhile, regulations regarding witness protection are still inadequate. The aim of the research is to analyze and examine the urgency of protecting witnesses in giving information in divorce cases in religious courts and what is the best model for witness protection. The research method used is normative juridical using a statutory approach, primary data namely the Witness Protection Law and the 1945 Constitution of the Republic of Indonesia. The results of the research state that the role of witnesses in divorce cases is very important, but witnesses need protection based on 709 requests for non-criminal cases rejected by the Protection Agency Witnesses and Victims (LPSK) because it is not their authority in the Witness and Victim Protection Law and criminal witnesses are the only ones regulated in the Witness and Victim Protection Law so that non-criminal witnesses cannot be protected even if a request for protection of non-criminal witnesses is found. The shift in legal interests in divorce cases does not depend on the Plaintiff or Defendant, but the presence of witness protection needs to be considered. After all, witnesses are a form of evidence that must be given their rights. There is a vacuum in the law for witness protection in divorce cases, so it is necessary to revise the Witness and Victim Protection Law in the future.
IUS CONSTITUENDUM LEGAL STANDING BAGI WNA TERKAIT PROSES JUDICIAL REVIEW DI MAHKAMAH KONSTITUSI DALAM PERSPEKTIF HAK ASASI MANUSIA prasetio, dicky eko
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 1 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i1.723

Abstract

Legal Standing is part of human rights which is related to the permission of certain parties to sue in court. In practice at the Constitutional Court, there is confirmation that legal standing is only given to Indonesian citizens, while foreigners do not get the slightest space to proceed in proceedings at the Constitutional Court. This research aims to analyze future regulatory efforts (ius constituendum) regarding limited legal standing for foreigners in the judicial review process. The term ius constituendum is used in this research to emphasize the existence of legal rules that are being initiated or aspired to be related to granting limited legal standing to foreigners in the judicial review process. This research is normative legal research by prioritizing conceptual, case and statutory approaches. The research results confirm that the modern human rights perspective mandates that the universal application of human rights requires the recognition of human rights for every person without the need to look at the background and national origin of each person. The regulation regarding legal standing at the Constitutional Court problematically only recognizes Indonesian citizens as parties who can have legal standing at the Constitutional Court. Based on the results of legal comparisons with Czechia, Germany and Mongolia, in the future it is necessary to regulate limited legal standing for foreigners to emphasize the existence of universal human rights and aim to protect foreigners from discrimination from countries that do not implement legal policies that accommodate the universalism of  human rights.
INTEGRASI LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN (LPSK), PADA TAHAP PENYIDIKAN DALAM MEMENUHI HAK KORBAN TINDAK PIDANA KEKERASAN SEKSUAL Muh Sutri Mamsyah; La Ode Bunga Ali
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 2 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i2.972

Abstract

Fulfilling the rights of victims of criminal sexual violence is very important, starting from procedural rights, medical rights, psychological rights, and physical protection, but it is often forgotten by law enforcement officials. This research will analyze the Witness and Victim Protection Agency (LPSK) integration model at the investigation stage in fulfilling the rights of victims of criminal sexual violence. This research uses normative juridical, legislative research approaches, primary legal materials on the Witness and Victim Protection Law, the Sexual Violence Crime Law. Secondary legal materials, journals, books and other references that have relevance to this research. The analysis technique used is descriptive analytical, the interpretation used is systematic and grammatical. The results of the research state that the LPSK integration model at the investigation stage has been regulated in Article 43 of the Sexual Violence Law, within 1 x 24 (one time twenty four) hours from the granting of temporary protection, the investigator is obliged to submit a request for protection to the LPSK. However, problems arise if the investigator does not apply for protection or ignores these legal obligations. This creates a legal vacuum. Future suggestions for the government and law enforcement agencies need to align perceptions regarding the protection of victims of sexual violence and the involvement of LPSK in the criminal justice system. In this way, it is hoped that the rights of victims can be fulfilled.
DINAMIKA VIRALISASI KASUS HUKUM PERKOSAAN DI MEDIA SOSIAL: Analisis Dampak dan Strategi Terhadap Penegakan Hukum Arif Sugitanata; Ihda Shofiyatun Nisa’; Siti Aminah
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 2 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i2.974

Abstract

This study explores the dynamics and consequences of the virtualization of legal cases on social media and its impact on law enforcement, such as rape cases. By analyzing both the positive and negative aspects of this viral nature, the research offers an in-depth construction of legal supremacy regarding how social media influences transparency, speed, and public participation in the enforcement of rape laws. A qualitative research methodology is employed, involving an extensive literature review from various sources, including books, scientific journals, and websites discussing rape cases. The research identifies that the virtualization of legal cases like rape allows the public to influence the outcomes of legal processes, marking a shift in the power dynamics between legal institutions and the community. However, this phenomenon also has drawbacks, including public opinion trials often based on biased and incomplete information, which disrupt investigations and tarnish reputations before justice is pretty achieved. Therefore, a balanced strategy is necessary to use social media as a sustainable legal empowerment tool without sacrificing the integrity of justice. The study also faces limitations that could be explored further by future researchers, such as reliance on secondary data and focusing on a specific case, which may not reflect the general dynamics of virtualization. Moreover, based on the research findings, it suggests the development of policies to enhance transparency and accountability and digital literacy programs to educate the public on critically evaluating information from social media regarding cases like rape.
INDEPENDENSI KEKUASAAN KEHAKIMAN DALAM SISTEM TRIAS POLITICA DI INDONESIA Rohman, Moh. Mujibur Rohman; Naidarti
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 2 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i2.975

Abstract

This article is a conceptual study with a normative research model that uses the statute approach and conceptual approach. This means that this research is not empirical research or field research. The author conducted a study of several literature related to judicial independence in Indonesia with a trias political government system. What the author wants to explain is the existence of an independent judiciary with a government system divided between the judiciary, the executive branch and the executive branch. Of course, government with things like this cannot be separated from intervention between the government (executive) and the judiciary (judiciary). However, with the various legal umbrellas that exist in Indonesia, it turns out that the judiciary is far from government interests or government control. This is the concluding drawing of the data reduction and display that the writer carried out.
DUALISME MODEL PERLINDUNGAN SAKSI TINDAK PIDANA KORUPSI DI KOMISI PEMBERANTASAN KORUPSI Sukiyawati; Alif Rahman
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 2 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i2.984

Abstract

Witnesses to criminal acts of corruption handled by the Corruption Eradication Committee often experience threats or violence so they ask for help from the Corruption Eradication Commission, but it turns out that there are other institutions that have the authority to protect them, such as the LPSK, so the research will examine and analyze the dualism of the model for protecting witnesses to corruption crimes at the Corruption Eradication Commission. This research uses normative juridical, legislative research approaches, primary legal materials on the Witness and Victim Protection Law, the Corruption Eradication Commission Law. Secondary legal materials, journals, books and other references that have relevance to this research. The analysis technique used is descriptive analytical, the interpretation used is systematic and grammatical. The research results show that the Corruption Eradication Commission Law regulates that the authority to provide protection is the Corruption Eradication Committee (KPK) as regulated in Article 15, while in the Witness and Victim Protection Law it is the Witness and Victim Protection Agency (LPSK), so there is overlapping authority. So that each institution can provide protection. However, this problem can be resolved by using principles, namely the principle of lex specialis derogat legi generalis or specific laws overriding general laws. So in relation to witness protection, you can use the Witness and Victim Protection Law. In the future, suggestions need to be made to revise the Corruption Eradication Commission Law so that it removes the authority of the Corruption Eradication Commission (KPK) to provide witness protection and regulates the LPSK as an institution that is given the authority to protect witnesses. So that efforts to synchronize witness protection are realized that are good and correct.
HUKUMAN MATI DAN PENERAPAN SANKSI HUDUD DI INDONESIA DAN NEGARA-NEGARA MAYORITAS MUSLIM PERSPEKTIF HAK ASASI MANUSIA orien, orien effendi
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 2 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i2.1008

Abstract

This article explains why there is a controversy over the application of the death penalty in Indonesia and also the application of hudud in Muslim-majority countries. Opponents argue that the application of the death penalty and hudud sanctions is contrary to the principles of human rights, while others argue that the application of the death penalty as a deterrent and the application of hudud witnesses is a command of Islamic teachings. Therefore, this article explains the rationale of these two arguments by exploring various sources and facts. In conclusion, those who support believe that the death penalty can provide a deterrent effect, they consider that the abolition of the death penalty will make things worse, while the reason for maintaining hudud sanctions departs from the view of conservatism, namely static and textual thinking in applying the teachings of Islamic law, they argue that Islamic teachings sourced from the Al-Qur'an and Al-Hadith are very sacred, so hudud sanctions must be applied. Meanwhile, those who reject the progressive view demand the fulfillment of the right to life and the right to be treated humanely for lawbreakers

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