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Nafi'uddin Fauzi Mahfudh
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INDONESIA
Jurnal Sumber Hukum
Published by Institut Teknologi Bisnis AAS Indonesia
ISSN : 30901235     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Sumber Hukum merupakan jurnal riset dalam disiplin ilmu Hukum, antara lain Hukum Islam, Hukum Pidana, Hukum Perdata, Hukum Bisnis, Hukum Adat, Hukum Sosiologi, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Kesehatan. Jurnal Sumber Hukum diterbitkan 2 (dua) kali setahun (Juli dan Desember) oleh LPPM ITB AAS Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 21 Documents
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KAJIAN HUKUM KASUS KORUPSI BANTUAN SOSIAL DARI KEMENTERIAN SOSIAL BERDASARKAN ALIRAN POSITIVISME Kartika Cahyaningtyas; Eko Ari Wibowo
JURNAL SUMBER HUKUM Vol 1 No 2 (2024): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Abstract

This research examines and analyzes cases of corruption in social assistance from the Ministry of Social Affairs during the Covid-19 pandemic based on analysis using positivism. This is because of the conditions during the Covid-19 pandemic, where many people around the world are suffering and the economy is unstable, but one of the officials from the Ministry of Social Affairs committed corruption during the Covid-19 pandemic. Positivism is a school that believes that law comes from applicable regulations, so what are the consequences of an official from the Ministry of Social Affairs committing corruption during the Covid-19 pandemic. The method used is normative research with a problem approach, namely the case approach and statutory approach. The results of this research show that perpetrators who commit acts of corruption during the Covid-19 pandemic can receive the death penalty. The provisions that apply are in Law Number 31 of 1999 concerning the Eradication of Corruption Crimes consisting of Article 11, Article 12 letter a or Article 12 letter b, Article 12 letter (i), 5 paragraph (1) letter a or Article 5 paragraph (1) letter b, and Article 13 and there are other regulations in the Criminal Code, namely Article 55 paragraph 1 to 1. Keywords: Corruption, Covid-19 Pandemic, Ministry of Social Affairs, Positivism, Death Penalty
KAJIAN HUKUM PERKAWINAN CAMPURAN (AMALGAMASI) ANTARA SUKU MINANGKABAU DENGAN SUKU JAWA Kartika Cahyaningtyas; Muh. Isra Bil Ali
JURNAL SUMBER HUKUM Vol 1 No 2 (2024): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Abstract

This research examines and analyzes the laws of mixed marriages (amalgamation) that occur between the Minangkabau and Javanese tribes based on applicable regulations. This is because there are differences in principles where the Minangkabau tribe adheres to matrilineal principles, while the Javanese adhere to parental (bilateral) principles. The method used in normative research with research results is the setting of these principles, so the inheritance for future children who become heirs will also be different. If men from the Minangkabau tribe cannot inherit directly to their future children, women from the Javanese tribe can immediately inherit to their future children. This is because the matrilineal principle originates from the woman or mother, while the parental (bilateral) principle originates from the mother and father. Another thing is that you have to look at whether there are taboos or not, in this article there are no taboos and the Javanese can submit themselves to the Minangkabau tribe. Keywords: Mixed Marriage (Amalgamation), Matrilineal, Parental, Minangkabau Tribe, Javanese Tribe, Submission A. PENDAHULUAN
KAJIAN HUKUM TERKAIT CEK TUNAI PELUNASAN YANG DIGUNAKAN SEBAGAI JAMINAN Kartika Cahyaningtyas; Nafi’uddin Fauzi Mahfudh
JURNAL SUMBER HUKUM Vol 1 No 2 (2024): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Abstract

This research examines and analyzes the legal realm regarding settlement cash checks which are used for guarantees and legal protection for those who receive settlement cash checks. This needs to be studied because the era is increasingly developing where cash checks were not used as collateral. The method used is normative research with a statutory and case approach. The results of this research are in the form of guaranteeing checks with a pawn that depends on the recipient of the check. There are 3 categories which include "on behalf of" (aan toonder), "on appointment" (aan order), and "on behalf of" (op naam). The intended giver of a cash check must apply the principles of good faith and the principle of trust. Checks used as collateral according to statutory regulations are permitted. Protection for the recipient of the check or holder of the check is by means of the right of regress, which means a right to sue the holder against other check debtors who are subject to regress (regress debtor). The implementation of these rights is by means of rembours and spring regression. Keywords : Check, Right of Regress, Guarantee
KEBIJAKAN FORMULASI TINDAK PIDANA JUDI ONLINE DALAM BINGKAI HUKUM POSITIF DI INDONESIA Eko Ari Wibowo
JURNAL SUMBER HUKUM Vol 1 No 2 (2024): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Abstract

A criminal act is basically an act that is prohibited or recommended by law due to certain circumstances. An act is said to be a criminal act when the act has been formulated in a statutory regulation and ratified by the legislative body together with the government. The regulation of online gambling as a type of criminal act is one of the results of policy formulation in Indonesia. This is stated in Law Number 11 of 2008 concerning Information and Electronic Transactions. This journal article contains information about the development of criminal acts of gambling and analysis of policy formulation of criminal acts of online gambling. The approach method used is a normative juridical method. The research results in this paper state that basically gambling, which was previously done manually or directly, has now experienced a new mutation resulting from the expansion of electronic-based criminal acts. So that the criminal formulation policy now follows current developments, with the legal aim of eradicating crime, especially in the field of online gambling crimes. Keywords; Formulation Policy, Criminal act, Online Gambling.
TELAAH TERHADAP PASAL 14 AYAT (1) HURUF B RANCANGAN UNDANG-UNDANG KEPOLISIAN PERUBAHAN KETIGA A. Tigor Witono; Lucia Rachmawati
JURNAL SUMBER HUKUM Vol 1 No 2 (2024): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Abstract

Cyberspace communication for every person and community is a right to privacy granted by the 1945 Constitution. The task of Polri's surveillance of Cyberspace Communications contained in article 14, paragraph 1, letter b, has received criticism from the public. The task is considered too wide-ranging to give authority to the police to potentially violate individual privacy rights. This investigation aims to determine whether article 14, paragraph (1) (b), has fulfilled the legal purpose both in terms of justice, finality and legal certainty. This research is normative legal research, with legal approaches and historical approaches, legal materials used as primary and secondary legal materials. Techniques of collection of legal materials with library studies and techniques of deductive legal material analysis. The results of the research show that Article 14 (1) letter b of the Third Amendment Police Bill does not meet the legal objectives because it does not satisfy the aspects of justice, utility and certainty. Furthermore, given that there are guarantees of the rights of individuals enshrined in the Basic Law of equality of rights, the right of communication and the right to personal self-protection that must be fulfilled in proportion, so that Article 14 paragraph (1) letter b of the Draft Third Amendment Police Act does not meet the legal purpose. Keyword : Surveillance, police, legal purposes, cyber space
PEMBERIAN GELANG IDENTITAS BAYI BARU LAHIR DALAM PERSPEKTIF POSITIVISME HUKUM (PERATURAN MENTERI KESEHATAN NOMOR 1691/MENKES/PER/VIII/2011 TENTANG KESELAMATAN PASIEN RUMAH SAKIT) Triwahyuniastuti; Eko Ari Wibowo
JURNAL SUMBER HUKUM Vol 2 No 2 (2025): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29040/jsh.v2i2.18105

Abstract

The research on the provision of newborn baby identity bracelets in hospitals in the perspective of the regulation of the Minister of Health of the Republic of Indonesia number 1691 / MENKES / PER / VII / 2011 aims to determine the views of the provision of baby bracelets from the science of Midwifery documentation and law. The research method is descriptive analytic from midwifery documentation and normative law. Identity bracelets are distinguished by blue for men and red for women. The identity bracelet contains the patient's name By Mrs. Body length. Body weight and address. The results of the study show that the provision of identity bracelets is a form of documentation accountability so that the writing of baby bracelets must be clear. The provision of baby bracelets is very important to provide safety protection to patients by identifying patients, building communication with families and providing continuous treatment. Baby bracelets are very important to prevent the exchange of babies Keywords : Identity bracelet, newborn baby, documentation, obstetrics, law
KAJIAN SOSIOLOGIS TERHADAP LEGAL REASONING PEMBERLAKUAN NORMA KESOPANAN TERHADAP PELAKU TINDAK PIDANA DALAM PUTUSAN HAKIM DI INDONESIA Eko Ari Wibowo
JURNAL SUMBER HUKUM Vol 2 No 2 (2025): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Abstract

Legal reasoning is basically an activity to look for the legal basis contained in a legal event, whether it is a legal act (agreement, trade transaction, etc.) or a case of legal violation (criminal, civil, or administrative) and include it in in existing legal regulations. In this case, legal reasoning in the application of politeness norms is one of the basic considerations of a judge in an effort to provide relief from criminal sanctions against the defendant. The research method used in this research is a normative method. The normative research method is a research method that focuses on library data. This type of research is a type of qualitative research with descriptive analysis. Juridically, politeness norms have been regulated in the provisions of Article 8 Paragraph (2) in Law Number 48 of 2009 concerning Judicial Power. Sociologically, legal reasoning in a judge's decision relating to norms of politeness can be manifested in the form of polite behavior by the defendant during the trial process. Keywords; Legal Reasoning, Criminal act, Judge's Decision.
ANALISIS PENJATUHAN PUTUSAN OLEH HAKIM TERHADAP TINDAK PIDANA KORUPSI YANG TIDAK DIDAKWAKAN DALAM SURAT DAKWAAN DITINJAU MENURUT TEORI PROGRESIF (STUDI PUTUSAN NOMOR: 17/PID.SUS/TPK/2014/ PN.JKT.PST) Kartika Cahyaningtyas
JURNAL SUMBER HUKUM Vol 2 No 2 (2025): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Abstract

This research examines and analyzes judges' decisions regarding corruption crimes not charged in the indictment. This is analyzed from the perspective of progressive theory. Progressive law teaches, "law is for humans and society, not law for law." The statement that "law is for humans" implies that law is a means to bring happiness to humans. To serve humans well, the law cannot simply spell out statutory articles but must also operate with empathy and courage (dare). The essence of progressive law lies in progressive thinking and action that frees it from the shackles of legal document texts, because ultimately, law is not for legal texts, but for human happiness and well-being. The method used in normative research with a problem-solving approach is the case approach. The decision regarding corruption committed by Susi Tur Handayani, where the corruption in question was not charged in the indictment, can be categorized as a progressive decision. Judges are not merely mouthpieces of the law, viewing statutory regulations textually, but need to develop a deep understanding of the articles contained within those statutory regulations. Keywords: Verdict, Indictment, Corruption Crime, Progressive Theory
DOMINASI SKEMA BISNIS DALAM OSS RBA SEBAGAI ANCAMAN BAGI MASA DEPAN PERTANIAN DAN TATA GUNA LAHAN DI INDONESIA Veronica Kinanthi Sihutami
JURNAL SUMBER HUKUM Vol 2 No 2 (2025): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Abstract

The dominance of business interests in the risk-based business licensing (OSS RBA) policy has created a new dynamic in the relationship between business law and agrarian law in Indonesia. The OSS RBA system, implemented through Government Regulation No. 5 of 2021 under the umbrella of the Job Creation Law, was designed to simplify bureaucracy and attract investment. However, in practice, this scheme has opened up ample space for corporations to access and control land, including productive agricultural land, without robust land-use control mechanisms. The conversion of agricultural land to industrial areas, housing, and other commercial projects has been massive and rapid, leading to the degradation of agrarian space, unequal access to land, and threatening national food security. This study aims to critically evaluate how the dominance of business logic in the OSS RBA has displaced the principles of agrarian justice and environmental sustainability that should be maintained within the national land law system. Using a normative-juridical approach and qualitative analysis, this study recommends the need to reformulate business licensing policies to be more sensitive to the social function of land and the importance of integrating agrarian values into the business legal framework. Without a shift in the legal paradigm that prioritizes sustainability and spatial equity, the future of agriculture in Indonesia will be increasingly marginalized by the logic of capital accumulation and economic expansion alone. Keywords: OSS RBA, Land Conversion, Investment, Licensing, and Food Security.
PERLINDUNGAN HUKUM BAGI ANAK HASIL PERKAWINAN CAMPURAN Niken Utari; Linda Wulandari
JURNAL SUMBER HUKUM Vol 2 No 2 (2025): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Abstract

Mixed marriages between Indonesian citizens and foreign nationals often raise issues concerning the citizenship status of children born from such unions. This study aims to analyze the citizenship status and legal protection of children resulting from mixed marriages based on Indonesian legislation. The research method used is normative juridical, employing statutory and literature approaches. The results indicate that children from mixed marriages are allowed to hold dual citizenship until the age of 18 and must choose one citizenship by the age of 21. Legal protection provided includes rights to identity, birth certificates, education, healthcare, and inheritance. This protection is ensured by Law No. 12 of 2006 on Citizenship and the Child Protection Law. The state bears a constitutional obligation to guarantee the rights of children from mixed marriages, preventing discrimination and ensuring their welfare and legal certainty. Keywords: legal protection; child; dual citizenship; mixed marriage.

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