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The Adoption of Children with a Refugee Status: An Analysis of International Laws and Jurisprudence Nur, Muhammad; Soesilo, Galih Bagas; Muhammad Rizal Sirojudin
Jurnal Jurisprudence Vol. 12, No. 1, June 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i1.701

ABSTRACT Objective: This research aims to undergo a juridical analysis of the stipulations for the adoption of refugee children from the perspective of international law. Methodology: This was juridical normative research that collected data using the literary study method. This research used primary legal materials, secondary legal materials, and non-legal materials research instruments. Findings: A core principle in making policies concerning refugee children is the ‘best interest rule’, which has two main implementations: the making of governmental policies and decisions made on the children as individuals. Adoption may only be considered after all efforts on tracing and reunifying child refugees with their families have failed, or if the child’s parents have agreed on that adoption according to the standard stipulated in the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. A jurisprudence concerning this was the case of Mariya Abdi Ibrahim vs Norway in the European Court of Human Rights for Application No. 15379/16. Indonesian stipulations are not in line with the international law that allows the adoption of refugee children. Application: This research may provide insight for the Indonesian government in considering an alternative care model for the many child refugees in Indonesia. Originality: This research described alternative model patterns that may be applied in Indonesia, as the government only regulated the prohibition of adopting international child refugees in Indonesia. But when referring to some international conventions, some types of alternative care are permitted, including adoption, even though it is only applied as a last resort. Keywords: adoption, children, refugee, international law, Indonesia.

The Imposition of Penalties toward Drivers Transporting Timber Belonging to Business Actors (Study of Judge Decision Number 284/Pid.B/LH/2021/PN RBI) Ridwan; Andriadin; Didik Irawansyah
Jurnal Jurisprudence Vol. 12, No. 2, December 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i2.750

ABSTRACT Purpose of the study: This article aimed to find out the legal facts in the case of transporting timber by the defendant (truck driver) (Judge Decision Study Number 284/Pid.B/LH/2021/PN RBI) and to understand the basics of the judge’s considerations in imposing a criminal sentence on the driver of the timber carrier belonging to the business actor. Methodology: Legal-normative, statutory, and conceptual approaches; types of data in the form of primary and secondary data. Results : First, the legal facts show that in the case of the defendant (truck driver) transporting timber, there was coercion by business actors on the defendant (truck driver), and even the process of arrest was carried out by the police, as stated in the Raba Bima District Court decision number 284/Pid.B/LH/2021/PN denotes illegal arrest and detention according to the applicable laws and regulations. Second, after careful consideration, the judge imposed a criminal sentence on the defendant (truck driver) because there was no error in personal on the defendant and the fulfillment of the elements of every person, intentional transport of timber as referred to in Law Number 18 of 2013 concerning prevention, eradication, and destruction of forests, and participation in committing criminal acts as referred to in Article 55, paragraph 1 of the Criminal Code. But in this case, the judge did not carefully examine, understand, and interpret the element of participation in committing a criminal act so the judge's decision was deemed wrong neither theoretically nor practically. Applications of this study: It is expected that this research will add insight and knowledge to the community if they experience a similar incident as the Raba Bima District Court Decision 284/Pid.B/LH/2021/PN RBI. Additionally, this research is also expected to provide theoretically and practically benefits for law enforcement and the development of science and special research on aspects of criminal law. Novelty/Originalty of this study: From this research, no one has conducted a study specifically related to the judge's decision to punish the driver, in which the driver was coerced by the owner to transport his timber. Keywords: Criminal act; Judge’s Decision; Timber Transportation ABSTRAK Tujuan: Artikel ini bertujuan untuk mengetahui fakta hukum dalam perkara pengangkutan kayu oleh terdakwa (supir truk) dalam Kajian Putusan Hakim Nomor 284/Pid.B/LH/2021/PN RBI dan memahami dasar-dasarnya pertimbangan hakim dalam menjatuhkan pidana terhadap pengemudi pengangkut kayu milik pelaku usaha. Metodologi: Pendekatan hukum-normatif, perundang-undangan, dan konseptual dengan jenis data berupa data primer dan sekunder. Hasil : Pertama, fakta hukum menunjukkan bahwa dalam hal terdakwa (supir truk) mengangkut kayu, terjadi pemaksaan pelaku usaha terhadap terdakwa. Bahkan proses penangkapan dilakukan oleh pihak kepolisian, sebagaimana disebutkan dalam putusan Pengadilan Negeri Raba Bima nomor 284/Pid.B/LH/2021/PN merupakan penangkapan dan penahanan yang tidak sah menurut peraturan perundang-undangan yang berlaku. Kedua, setelah melalui pertimbangan yang matang, hakim menjatuhkan pidana kepada terdakwa (sopir truk) karena tidak ada kesalahan pribadi pada terdakwa dan terpenuhinya unsur setiap orang, pengangkutan kayu dengan sengaja sebagaimana dimaksud dalam Undang-Undang Nomor 18 Tahun 2013 tentang pencegahan, pembasmian, dan perusakan hutan, serta ikut serta melakukan tindak pidana sebagaimana dimaksud dalam Pasal 55 ayat 1 KUHP. Namun dalam hal ini hakim kurang teliti dalam mengkaji, memahami, dan menafsirkan unsur ikut serta melakukan tindak pidana sehingga putusan hakim dianggap salah baik secara teoritis maupun praktis. Aplikasi penelitian ini: Diharapkan penelitian ini dapat menambah wawasan dan pengetahuan masyarakat jika mengalami kejadian serupa seperti Putusan Pengadilan Negeri Raba Bima 284/Pid.B/LH/2021/PN RBI. Selain itu, penelitian ini juga diharapkan dapat memberikan manfaat secara teoritis dan praktis bagi penegakan hukum dan pengembangan ilmu pengetahuan serta penelitian khusus pada aspek hukum pidana. Kebaruan/Orisinalitas: Dari penelitian ini, belum ada yang melakukan penelitian secara khusus terkait dengan putusan hakim yang menghukum pengemudi, dimana pengemudi dipaksa oleh pemilik untuk mengangkut kayunya. Kata Kunci: Tindak Pidana; Putusan Hakim; Transportasi Kayu

Judge Considerations Of The Corruption Decision Of Social Aid For Covid-19 Disaster Mitigation From The Perspective Of Anti-Corruption Principles Nugroho, Sigit; Rohmatiah, Ahadiati; Mutmainah
Jurnal Jurisprudence Vol. 12, No. 1, June 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i1.771

Purpose of the study (Tujuan): The purpose of this study is to analyze the judge's judgment on the corruption decision of the social aid for COVID-19 disaster mitigation from the perspective of anti-corruption principles. Methodology (Metodologi): This research method employed normative research, sourced from primary legal materials, secondary legal materials, and non-legal materials. Results (Temuan): anti-corruption principles which include accountability, transparency, fairness, policy, and policy control, are to prevent external factors causing corruption. Regarding the COVID-19 disaster mitigation, early prevention and disaster mitigation are required as a series of efforts to reduce disaster risk, through both physical development and awareness and capacity building to encounter the threat of disasters. One of which is through social aid to the community due to the impact of the COVID-19 pandemic. Based on the review of the judge's decision No.29/Pid-Sus/TPK/2021/PN Jkt. Pst, what incriminated the defendant who was sentenced to 12 years in prison is a crime of corruption undertaken when the country combated the disaster emergency of the COVID-19 pandemic and the fact that the defendant was a state official who is supposed to be a good role model. Meanwhile, the mitigating factor is that the defendant has suffered enough due to the insults he received from the community even though the defendant is not necessarily guilty. Thus, this has hurt the sense of justice in society. Learning from the corruption case of social aid during the pandemic, judges considered that a leader should not violate the principles of anti-corruption morality so that the integrity of the anti-corruption leadership does not match expectations. Applications of this study (Kegunaan): It is to give law enforcers insight on what types of judicial decisions may hurt society’s trust and sense of justice. It is to give a non-exemplary case of judicial decisions that failed to provide a deterrent effect to criminal actors. Novelty/ Originality of this study: It provides an analysis on the judge's judgment on the corruption decision of the social aid for COVID-19 disaster mitigation from the perspective of anti-corruption principles

Analysis of the Reasons for the Judge's Decision Which Relieves Defendants in Corruption Cases prasetyo, Yogi; Ferry Irawan Febriansyah; Alfalachu Indiantoro; Aries Isnandar; Ucuk Agiyanto
Jurnal Jurisprudence Vol. 12, No. 1, June 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i1.1008

Purpose of the study: This research article aims to explain the analysis of several reasons for the judge's decision which is considered to lighten the defendant in corruption cases in Indonesia. Methodology: This study used a normative research method with a philosophical approach. Results: The results of this study indicate that judges continue to impose light sanctions on state officials who are accused of corruption cases for various reasons that can be taken into consideration. The following is an analysis of some of these reasons: have never been punished; be honest and be kind; have family responsibilities; refund corrupted money; incorrect application of the law; have no authority; motivated by other people; have a sense of justice; serve the community; get public scorn; and refrain from engaging in corrupt behavior. Applications of this study: Theoretically, academics can use this research to add and develop their knowledge of the law. As for practitioners, especially judges, this research can be used as material for conclusions and considerations when making decisions in corruption cases, so that efforts to eradicate corruption can definitely be achieved. Novelty/Originality of this study: The corruption issue in Indonesia is influenced by the judge's decision in addition to the country’s bad bureaucratic culture. The low judge's decision on corruption cases can also affect the number of state officials who commit acts of corruption. Several reasons that could influence the judge's decision to reduce the corruptors’ sentences. In order to find a true legal truth, it would be useful to study the judge’s reasoning for reducing the corruptor’s punishment because the judge's decision is the most decisive stage in the legal status and fate of the defendant. This is why it is critical to do a more in-depth review of the law in order to ensure that it continues to operate as intended

Constitutional Court Decision Number 23/PUU-XIX/2021: Analysis of Judges' Considerations Is It Permissible to Take Cassation Against Decisions to Postpone Debt Payment Obligations? Yitawati, Krista; Pujiyono; Adi Sulistiyono
Jurnal Jurisprudence Vol. 12, No. 1, June 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i1.1039

ABSTRACT Purpose: This study aims to analyze the impact of the Constitutional Court's Decision Number 23/PUU-XIX/2021 regarding the permissibility of cassation in the Suspension of Debt Payment Obligations (PKPU). Methodology: The research method used by the researcher was a normative research method by reviewing statutory regulations and related legal materials. Results: The judge's consideration in the Constitutional Court's Decision Number 23/PUU-XIX/2021 is the permit of a cassation legal action against the decision on PKPU submitted by the creditor and the rejection of the offer of reconciliation from the debtor so that the court's decision on the PKPU application submitted by the creditor can be corrected as part of the control mechanism over court decisions at lower levels. However, with this decision, it is necessary to immediately issue implementing regulations regarding the mechanism for submitting PKPU and to control the good faith of creditors, so they do not actually injure. This is because the existence of debtors becomes a part of business actors playing a role in maintaining economic stability, so business continuity is sustained and is not misused. That being said, the legal certainty of the PKPU instrument can definitely be realized in accordance with the spirit of Law 37/2004, which is to provide legal protection for business actors. Applications of the study: It is expected that the legal certainty of the PKPU instrument can definitely be realized in accordance with the spirit of Law Number 37 of 2004, which is to provide balanced legal protection between debtors and creditors. Novelty/Orginalty of this study: This research is conducted due to the decision of the Constitutional Court Number 23/PUU-XIX/2021 that has recently been issued, the author analyzed the impact of the issuance of the decision on creditors and debtors. Keywords: Judges' Considerations, Decisions, Constitutional Court, PKPU

The Dignity of Democracy in the Appointment of Acting Regional Heads by the President: Legal Construction After the Constitutional Court Decision Number 15/PUU-XX/2022 Riadhussyah, M; Farhan, Farhan; Hamdani, Fathul; Nata Kusuma, Lalu Aria
Jurnal Jurisprudence Vol. 12, No. 1, June 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i1.1044

Purpose of the study: The purpose of this study is to examine the legality of the position and authority of the acting regional head, as well as to examine the dignity of democracy in the appointment of acting regional heads by the president and its construction after the Constitutional Court Decision Number 15/PUU-XX/2022. Methodology: This study applies normative legal research methods using a statutory, conceptual, and case approach. Results: The results of the study show that the appointment of acting regional heads is the operationalization of the concept of politically appointed presidential power and not the concept of election (political elected) as regional heads. The consequence is a lack of regional legitimacy and a lack of relations with the people because it is not the people's choice. This condition shows a portrait of the decline of democracy in the regions. In this case, the government should prepare by making implementing regulations related to the mechanism for selecting regional heads by not degrading the democratic values as mandated by the Constitutional Court in its decision Number 15/PUU-XX/2022. Applications of this study: This article provides an analysis of how democratic principles should still be applied in the process of appointing acting regional heads. This research is expected to be useful and can be a reference material for those who conduct research, especially with regard to the appointment of the acting regional head. Thus, this research is expected to enrich the scientific treasures and studies related to the mechanism for appointing acting regional heads. Novelty/ Originally of this study: The research related to the appointment of acting regional heads is still very minimal. So with the research that examines the dignity or portrait of democracy in the mechanism for appointing the acting regional head, it is considered very important as reference material in the process of implementing democracy in Indonesia.

Doubting the Impartiality: Constitutional Court Judges and Conflict of Interest Rishan, Idul
Jurnal Jurisprudence Vol. 12, No. 1, June 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i1.1058

The Constitutional Court ruling on the third amendment to the Law on the Constitutional Court is worth discussing. In the judicial review, the justices judged a case in which they have interests. The interests are related to a requirement for being a Constitutional Court justice, term of office for Constitutional Court justices, and term of office for the chief justice and deputy chief justice. Can they be impartial? This study is aimed at three things. First, analyzing their interpretation through legal annotation. Second, identifying impacts the ruling has on the Constitutional Court. Third, providing a road map for judicial review related to Constitutional Court judges. This is mixed legal research using primary and secondary data. This study has found that the judges are not impartial due to conflict of interest. They have compromised universal principles of the judiciary. For the sake of impartiality, they should not be judges in their own cause. Instead, the Supreme Court should have the authority to review legislation on them.

Government’s Role After the 374/PDT.G/LH/2019/PN.JKT.PST Decision concerning Jakarta’s Air Pollution in the Context of Environmental Recovery Naiborhu, Netty; Josua Hari M
Jurnal Jurisprudence Vol. 12, No. 1, June 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i1.1072

ABSTRACT Purpose of the study: This study aims to realize state responsibility through implementing government authority to court decisions in restoring the right to a good and healthy environment. Method: This study utilized a normative juridical method with a statutory approach and decision analysis. Results: In the settlement of environmental disputes, the error-based recovery approach aims to create fair law enforcement. Applications of this study: This research serves as a reference for the government in making policies and dispute resolution. Hence, the settlement of environmental disputes is not only based on errors but also risk. Novelty/ Originality: Mechanisms for resolving environmental issues will be discovered through environmental recovery, allowing the law to work for the benefit of humankind. Thus, the law is not solely anthropocentric but also ecocentric following the environmental recovery approach. Keywords: State Responsibility, Government Authority, Environmental Recovery

The Urgency of Judge's Legal Reasoning in Deciding on an Environmental Crime Case Based on an Ecocentric Approach (Review of Case Decision No. 640/PID.B/LH/2021/PT PBR) Jiwanti, Ainun; Soponyono, Eko
Jurnal Jurisprudence Vol. 12, No. 1, June 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i1.1092

Objective: This study aims to analyze how the legal reasoning of the Pekanbaru High Court Judge in Decision No. 640/PID.B/LH/2021/PT PBR, and at the same time reviewing decisions at the previous level and show how important the judge's legal reasoning is based on an ecocentric approach in deciding environmental crime cases. Methods: This type of research is a normative law using statutory, case, and conceptual approaches. Findings: The panel of judges of the Pekanbaru High Court granted the defendant's appeal, PT. Gandaerah Hendana because Article 98 paragraph (1) of the PPLH (Environmental Protection and Management) Law that the public prosecutor indicted is a material offense that must be linked to its formal elements (Article 108 of the PPLH Law). It differs from the opinion of the Rengat District Court panel of judges, which stated that because the meaning of "action" in Article 98 paragraph (1) of the PPLH Law is so broad, the action can be in any form as long as the consequences stipulated in the formulation of the offense occurred. The action in question does not only do prohibited things but also includes not carrying out legal obligations (omission offenses). Since the burned land is the defendant's right to cultivate area, PT. Gandaerah Hendana, the process of extinguishing the fire on the land is the responsibility of the defendant, PT. Gandaerah Hendana. In this regard, the ecocentric approach in judges’ legal reasoning is urgent because, so far, the positivistic-formal and anthropocentric approaches have made judges only oriented to human interests. With an ecocentric approach, judges will pay attention to environmental sustainability when deciding the case being examined so that judges will produce outputs in the form of pro-environmentally oriented decisions. Benefits: The results of this study are expected to enrich references for academics and become input for law enforcers, especially judges, about the importance of legal reasoning based on an ecocentric approach in deciding environmental crime cases. Novelty: The discussion in this study will provide a perspective and explanation of how an ecocentric approach as the basis for legal reasoning for judges can create decisions and enforce environmental laws oriented towards the environment.

DIVORCE IN KANGEAN ISLANDS: The Study on Judge's Legal Reasoning of Kangean Religious Court, 2020-2022 Zuhdi, Syaifuddin; Dimyati, Khudzaifah; Absori, Absori; Wardiono, Kelik; Syafirah, Filzah Ilda
Jurnal Jurisprudence Vol. 12, No. 2, December 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i2.1229

Purpose of the study: This article aims to find out how the divorce conditions in the Kangean Islands are and to see how the factors that influence it and the legal reasoning used by the judge in deciding the divorce case. Methods: the method used in this study is a normative juridical method with a decision approach, the data used is secondary data, namely the decisions of the religious courts in 2020-2022, which every year 30% of the decisions are taken, the data are analyzed descriptively Results: From the research conducted, it was found that the majority of divorces in Kangean Island were carried out by a contested divorce mechanism, while the factors behind the majority were due to disputes, then followed by economic factors, legal reasoning judges were divided into empathy, namely the use of legal norms, conformity between facts and norms. , interpretation of problems and norms, as well as the use of the rules of Islamic law in its legal opinion Applications of this study: This article is useful to support research on divorce and legal opinions, especially on Kangean Island and Indonesia in general Novelty: The novelty of this research is that there are still very few people doing research on the Kangean Islands, as well as the discovery of several legal reasoning concepts for judges at the Kangean Religious Court. ABSTRAK Tujuan Penelitian: Artikel ini bertujuan untuk mengetahui bagaimana kondisi perceraian di Kepulauan Kangean dan melihat bagaimana faktor-faktor yang mempengaruhinya serta alasan hukum yang digunakan hakim dalam memutus perkara perceraian. Metode : Metode yang digunakan dalam penelitian ini adalah metode yuridis normatif dengan pendekatan putusan, data yang digunakan adalah data sekunder yaitu putusan pengadilan agama tahun 2020-2022 yang setiap tahun diambil 30% putusannya, data tersebut dianalisis secara deskriptif Hasil: Dari penelitian yang dilakukan diketahui bahwa mayoritas perceraian di Pulau Kangean dilakukan dengan mekanisme cerai gugat, sedangkan faktor penyebab mayoritas adalah karena perselisihan, kemudian disusul faktor ekonomi, pertimbangan hukum hakim terbagi menjadi empati, yaitu penggunaan norma hukum, kesesuaian antara fakta dan norma. , interpretasi masalah dan norma, serta penggunaan aturan hukum Islam dalam opini hukumnya Aplikasi penelitian ini: Artikel ini bermanfaat untuk mendukung penelitian tentang perceraian dan opini hukum khususnya di Pulau Kangean dan Indonesia pada umumnya Kebaruan: Kebaruan dari penelitian ini adalah masih sedikitnya orang yang melakukan penelitian di Kepulauan Kangean, serta ditemukannya beberapa konsep penalaran hukum bagi hakim di Pengadilan Agama Kangean.

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Magister Ilmu Hukum Universitas Muhammadiyah Surakarta Jln. A. Yani, Pabelan, Kartasura, Surakarta - 57162

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Jawa tengah

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Masduki

Contact Email lppi@ums.ac.id

Phone +62856-4096-0975

Journal Mail Official lppi@ums.ac.id

Editorial Address Magister Ilmu Hukum Universitas Muhammadiyah Surakarta Jln. A. Yani, Pabelan, Kartasura, Surakarta - 57162

Location Kota surakarta, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Masduki

Contact Email
lppi@ums.ac.id

Phone
+62856-4096-0975

Journal Mail Official
lppi@ums.ac.id

Editorial Address
Magister Ilmu Hukum Universitas Muhammadiyah Surakarta Jln. A. Yani, Pabelan, Kartasura, Surakarta - 57162

Location
Kota surakarta,

Jawa tengah

INDONESIA