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Cecep Aminudin
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Jurnal Hukum Ekualitas
Published by PT. Kaka Media Visi Sistematis
ISSN : -     EISSN : 30900220     DOI : https://doi.org/10.56607/jhe
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Ekualitas (JHE) adalah inisiatif penerbitan PT. Kaka Media Visi Sistematis bekerjasama dengan Fakultas Hukum Universitas Komputer Indonesia untuk diseminasi artikel ilmiah bidang hukum secara elektronik. Jurnal diharapkan dapat menjadi sarana penyebarluasan pengetahuan, gagasan, pemikiran dan hasil penelitian dari peneliti maupun praktisi mengenai berbagai hal yang berkaitan dengan ilmu hukum. Fokus dan skop JHE mencakup namun tidak terbatas pada hukum perdata, hukum pidana, hukum acara, hukum bisnis, hukum tata negara, hukum administrasi negara, hukum internasional, hukum lingkungan, hukum ekonomi syariah, hukum kesehatan dan bidang hukum lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol 1 No 1 (2025): Jan-Jun 2025" : 5 Documents clear
Pencegahan Penyalahgunaan Wewenang Pemerintah dalam Membuat Peraturan Perundang-Undangan Sekunder Aminudin, Cecep
Jurnal Hukum Ekualitas Vol 1 No 1 (2025): Jan-Jun 2025
Publisher : PT. Kaka Media Visi Sistematis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56607/ehtc6b85

Abstract

The government's authority to make secondary legislation is necessary in a modern state. This article examines the concept of preventing abuse of power in making secondary legislation by the government. The research uses normative legal research methods with secondary data in the form of library materials as basic data which are analyzed qualitatively and presented descriptive-analytically in a statutory and conceptual approach. Based on the results of the study, efforts that can be formulated to prevent abuse of power in making secondary legislation in the context of a democratic welfare state based on the rule of law, consist of aspects related to the process of forming secondary legislation and aspects related to the limits of norms on delegation of authority in primary regulations. Aspects related to the process of forming secondary legislation include public participation and information disclosure, as well as control by the courts, parliament, and the government itself.
Tantangan dan Peluang Integrasi Hukum Ekonomi Islam dengan Standar Internasional dalam Perdagangan Global Tantangan dan Peluang Integrasi Hukum Ekonomi Islam dengan Standar Internasional dalam Perdagangan Global Wahyudi
Jurnal Hukum Ekualitas Vol 1 No 1 (2025): Jan-Jun 2025
Publisher : PT. Kaka Media Visi Sistematis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56607/wswjn858

Abstract

Halal certification has become a crucial element in global trade, particularly in meeting the growing demands of Muslim consumers. The halal principle in Islamic law, rooted in the concept of halalan tayyiban, encompasses standards of cleanliness, safety, and ethics in the production of goods and services. However, globalization presents significant challenges in aligning Islamic legal principles with international standards. This article aims to explore how Islamic law can be integrated with international standards in the halal certification process, identify existing challenges, and uncover opportunities within global trade. The research method used is a normative juridical approach, The study collected data through a literature study that included Islamic legal literature, international standards, and global trade documents, as well as analysis of related regulations and policies. The article highlights the alignment of halal values in Islamic law with international guidelines, such as ISO 22000 and other regional standards. Discussions include the role of halal certification bodies in bridging Islamic norms with global demands, challenges arising from differing interpretations of halal, and economic barriers such as dual certification costs. The findings indicate that harmonizing Islamic law and international standards is highly feasible through collaboration involving scholars, regulators, and business actors. Halal diplomacy can also serve as a strategic tool to strengthen the position of Muslim-majority countries in the global market. With technological innovations such as blockchain-based halal tracking and widespread halal education promotion, this integration can yield significant benefits not only for Muslim consumers but also for overall global economic growth.  
Bentuk Perbuatan Melawan Hukum Pelaku Pasif dalam Tindak Pidana Pembunuhan Berencana Kartika, Tantri; Kartika , Tantri
Jurnal Hukum Ekualitas Vol 1 No 1 (2025): Jan-Jun 2025
Publisher : PT. Kaka Media Visi Sistematis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56607/vcss2z66

Abstract

The form of crime against life that occurs in the community, for example the crime of premeditated murder in a community that has a different background or modus operandi in carrying out the premeditated murder, this premeditated murder is also carried out by people who according to reason and thought are not expected to be able to commit a premeditated murder crime. This crime of murder is not only carried out by someone who has deviant behavior or in other words who already has a background of someone who is naughty, evil, or a former convict who is already known to the community, but this premeditated murder crime can also be carried out by people who have good behavior in their community. The problem is what is the form of the unlawful act of the passive perpetrator in the act of premeditated murder. The research method is normative legal research. The form of unlawful act of the passive perpetrator in the act of premeditated murder is that the medepleger or person who participates in it is anyone who intentionally participates (medoet) in committing a crime. Passive perpetrators occur when the actions of each participant contain all the elements of a crime. In addition, the passive perpetrator in premeditated murder must require that the actions of the participating perpetrators must be the same as the actions of a perpetrator, his actions do not need to fulfill all the formulations of a criminal act, it is enough to fulfill only part of the formulation of a criminal act, as long as the intention is the same as the intention of the perpetrator.
Implementasi Standar Operasional Prosedur Penggeledahan Sebagai Upaya Pencegahan Masuknya Barang Terlarang Di Rutan Kelas I Surabaya Vera Rimbawani Sushanty; Dibyo Triwidodo, Moch
Jurnal Hukum Ekualitas Vol 1 No 1 (2025): Jan-Jun 2025
Publisher : PT. Kaka Media Visi Sistematis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56607/ft8z7q15

Abstract

Correctional Institutions, hereinafter referred to as LAPAS and State Detention Centers, hereinafter referred to as RUTAN, are places to carry out coaching for prisoners and correctional students. Related to the ease with which prohibited items enter Correctional Institutions and Detention Centers. It is necessary to think about the lack of enforcement of performance rules. Particularly in terms of searching convicts, detainees, visitors and officers themselves to prevent the entry of prohibited items. Search activities that are intended to prevent the entry of prohibited items must pay attention to the excellent service system for visitors, officers and detainees. The prime service system can be realized if there is a Standard Operating Procedure (SOP) as a benchmark in the framework of transparency. This research focuses on the problems and obstacles in the implementation of Standard Operating Procedures (SOP) Searches in preventing the entry of prohibited items into Class I Detention Centers in Surabaya. This research is an empirical legal research using two data collection methods, namely documentation and interviews. The results of the study showed that there were still obstacles in the implementation of SOP searches to prevent the entry of prohibited items caused by the overcapacity of the Class I Detention Center in Surabaya which had an impact on the large number of visitors and luggage that was not proportional to the number of officers.
Pembaruan Hukum Pidana Melalui Penerapan Prinsip Insignifikansi: Kajian dalam KUHP Baru Indonesia Arum, Siti Khumairoh Kusuma; Maulidah, Khilmatin
Jurnal Hukum Ekualitas Vol 1 No 1 (2025): Jan-Jun 2025
Publisher : PT. Kaka Media Visi Sistematis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56607/73krj443

Abstract

This research is motivated by the phenomenon of over criminalisation in the criminal law system, where minor offences with insignificant impacts are often addressed excessively. Conventional criminal law makes the condition trapped in formalism and positivism, which results in rigid application of law and less responsive to the social context, so that the existing criminal law tends to ignore the difference between significant and insignificant impacts of legal acts. This can cause the punishment to be disproportionate and unfair. Therefore, the principle of insignificance emerged as one of the progressive laws, in order to overcome the injustice caused by the rigid application of law through criminal law reform. The research method used in this research is normative juridical which involves progressive theory as proposed by Dr Satjipto Rahardjo, that the criminal law paradigm emphasises the ability to adapt to changing times and the needs of society so that the law does not become a rigid set of rules, but as a tool to achieve justice and welfare for the community. From this research, it is concluded that the renewal of criminal law through the ratification of the new Criminal Code in Law Number 1 Y ear 2023 by recognising the principle of insignificance is an important step towards a more modern and proportional criminal law system. This principle reduces over-criminalisation of minor offences, conserves legalresources, and replaces the retributive approach with substantive justice. The application of the principle of insignificance in the new Criminal Code also leads to restorative justice by reducing the burden on the justice system and shifting the focus to non-punitive resolution. This principle allows for the resolution of minor cases through alternative mechanisms such as mediation or restitution.However, challenges such as the potential for abuse of discretion and conservative public perceptions need to be addressed with clear regulation, training of law enforcement officers, and public education. With consistent application, this principle can create a more efficient, humane, and just criminal justice system.

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