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Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Published by International Forum of Researchers and Lecturers
ISSN : 29874866     EISSN : 29881668     DOI : 10.59581
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik dengan e-ISSN : 2988-1668, p-ISSN : 2987-4866 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh International Forum of Researchers and Lecturers. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik 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, politik dan ilmu sosial. Jurnal ini diterbitkan 4 kali setahun (Januari, April, Juli dan Oktober).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 214 Documents
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Kajian Literatur : Perlindungan Hukum Terhadap Korban Revenge Porn
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2743

Abstract

Gender inequality, sexual violence, domestic violence, trafficking in women, and wartime exploitation are some of the many human rights violations that occur. With the advancement of information technology and globalization, the use of violence has changed and evolved. Revenge pornography, also known as "revenge porn", is combined with direct acts of violence. The purpose of this research is to find out what causes revenge pornography and how legal protection can be given to its victims. This research uses normative research that uses legislation to examine a study by examining theories, concepts. Some of the causes of revenge pornography crimes are as follows: Ineffective laws, the patriarchal culture that still exists in Indonesian society, lack of sexual education, law enforcement that has not run properly, and handling victims who often backfire. The state is responsible for protecting victims of sexual harassment. Several existing laws protect victims of pornographic abuse.
Restorative Justice Perkara Narkotika Menurut Perkapolri Nomor 8 Tahun 2021
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2749

Abstract

One of the efforts to resolve crimes that occur in people's lives is not only through law enforcement efforts, but through a restorative justice approach that is different from the conventional criminal justice system, where this approach emphasizes the direct participation of perpetrators, victims and the community in the process of resolving criminal cases. The aims of this study are (1) to find out the application of restorative justice in narcotics cases in Indonesia; (2) To find out the legal considerations of restorative justice in narcotics cases in Indonesia. Empirical normative research type. Normative legal research (applied law research) is research that uses normative legal case studies in the form of legal behavior products. This study uses a qualitative analysis method, which is in the form of an in-depth interpretation of legal materials as is usually the case with normative legal research. In carrying out the application of restorative justice in narcotics cases in Indonesia, it has been carried out well from a procedural point of view. Basically, criminal cases can be stopped at the stage of investigation and/or investigation based on restorative justice only on crimes that are not serious crimes. Legal considerations of restorative justice in narcotics cases in Indonesia, namely by balancing the interests of various parties (perpetrators, victims, society and the State); Non-compliance with the guidelines and basic principles that have been formulated on the basis of the principles of "human development, mutually, empathy, responsibility; respect and fairness”; The feelings of victims who feel they are experiencing "re-victimization" because they feel pressured; Attempts from the formal criminal justice system to take over the restorative justice movement.
Politik Hukum Dalam Menangani Pertanahan Agraria Di Indonesia
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Dunia Ilmu Hukum dan Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2753

Abstract

Agraria law is the law that regulates relations between people and land and other people. Sudikno Mertokusumo explained that the law, also known as land law, is the interest of people in other people regarding land. According to Subekti, agrarian law is the totality of legal provisions, whether civil, state administration or state administration law, which also regulates authorities that originate from certain relationships. For information, the basis of agrarian law is regulated in Law Number 5 of 1960 concerning basic regulations on agrarian principles or UUPA. In this agrarian law regulation, there are at least seven principles1. These are: the principle of control by the state, the principle of social function, the principle of customary law, the principle of nationality or nationhood, the principle of limiting land ownership for the sake of the public interest, the principle of general planning and the principle of land preservation. From various literature it is known that the history of the birth of the UUPA tells the long history of the struggle of national figures in reducing the impartiality of land law for the benefit of society at large. In the era of reform, the logical consequences between political existence and interests and legal certainty, especially regarding land issues, have become a trending topic that is interesting to discuss. The complexity of land issues in this country is increasingly increasing and complicated, and is exacerbated by friction between interests that are politically charged. Legal politics consists of a series of words politics and law. (Suderto, et., al 1983) explains that politics is used in various meanings, namely: 2 1. The word polik in Dutch, which means something related to the State 2. Means discussing state issues or those related to the State Furthermore, Sudarto emphasized that the meaning of politics is policy which is a synonym for policy. In this sense, the words economic politics, crime, legal politics and criminal law politics are found. The relationship between politics and law, according to (Mahfud et., al 1998) explains that law is a political product. Law is seen as an independent variable (variable influence) and politics as an independent variable (variable influence). With this assumption, Mahfud formulated the law as: 3 Legal policies that will be or have been implemented nationally by the government also include an understanding of how politics influences the law by looking at the configuration of forces behind the creation and enforcement of the law. Here the law is not only seen as articles that are imperative or mandatory, but must be seen as a sum system which in reality is not impossible, in fact it is not impossible which is very much determined by politics, both in the formulation of material and articles and in implementing them.
Kontradiksi Penggunaan Hak Veto Atas Kesetaraan Prinsip Kedaulatan Anggota PBB
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Dunia Ilmu Hukum dan Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2757

Abstract

The United Nations is an international organization that has very important role in maintaining world peace and security. The United Nations Charter does not provide much explicit regulation regarding Veto rights. the use of the Veto rights is community, and in this research we will discuse the regulations regarding the Veto right and its various relevance in relation to the principle of sovereignty adopted by the United Nations. That basically the regulation of the principles and principle of equality of state sovereignty has been expressly regulated in article 2 paragraph (1) of the UN Charter. The provisions are the basis for carrying out the functions of the UN as an international organization, including the basis for carrying out the functions of its main organ. Therefore, this principle becomes a guide for decision makers in the UN security council until there is no longer any reason to justify the use of the Veto right.
Perlindungan Hukum Terhadap Korban Kejahatan Perang: Perspektif Hukum Humaniter Internasional
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Dunia Ilmu Hukum dan Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2759

Abstract

People who are not involved in war receive legal protection, as regulated in Article 3 of the 1949 Geneva Convention. People who are protected include combatants, militia members and civilians, but the protection has not been implemented properly, because violence often occurs against they. This writing explains the protection of people who are not involved in war, but this protection is still far from what it should be because violence still occurs against civilians who are victims of inhumane actions.
Tinjauan Yuridis Diskresi pada Birokrasi Digital
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Dunia Ilmu Hukum dan Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2850

Abstract

Digital bureaucracy is a new bureaucratic system that arises because of globalization, as well as a substitute for the classic bureaucratic concept, namely paper-based bureaucracy. Digital bureaucracy has a role in improving the good governance system, by increasing the four indicators of good governance principles, namely transparency, accountability, efficiency and effectiveness. Indonesia can take advantage of the existing demographic bonus. Human resource management as the foundation for running the digital governance wheel is an important key. Adoption of technology in various public service sectors and supported by human resources with high digital adaptability is expected to increase the competitiveness of our governance. The state has a goal in realizing the welfare of its people. So that the state needs to do various things in meeting the needs of the community through the implementation of public services. In order to meet the needs of the community to run well, the urgency related to the quality of public services is very large. As for what affects the quality of public services, one of them is internal factors, namely discretionary authority,actions determined, carried out by government officials to overcome concrete problems faced in the administration of government in terms of laws and regulations that provide choices, do not regulate, are incomplete or unclear,there is government stagnation. Discretion is used by the government for and on behalf of positions, carried out within the formal environment of the authority of government officials, its implementation is directed at effectiveness and efficiency, and must be in accordance with AUPB, and based on the principle of rationality. Any use of government officials' discretion is aimed at facilitating government administration, filling legal voids.
Kekuatan Tanda Tangan Elektronik dalam Konsep Cyber Notary Menurut Presfektif Permen Kominfo Nomor 11 Tahun 2022
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Dunia Ilmu Hukum dan Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2851

Abstract

A signature is a signature that represents a symbol as a result of a statement or a statement, a product whose development has been very rapid, and has become increasingly popular, an information technology and electronics company which is increasingly popular. With that, the Ellektronilk transaction was born and the use of ElleKtronilk's signature process as an aspect human error. So from iltul pelrlul pelnyelsulailan dulnila dilgiltal telrkailt konselp cybelr notary in ellelktronilk transactions. Ilnil research examines the effectiveness of ellelktronilk's signature in the notary cybelr concept meldnulrult prelsfelktilf pelrmeln komilnfo number 11 of 2022 and implements the research meltodel yulrildils normilvel yailtul sulatul development towards hulkulm problems from the perspective of the US implementation of legal regulations that are valid, article 15 paragraph (3) UlUlJN which regulates that notaries There are also other laxities that are regulated in the regulation of regulations. One of them is the ability to sell transactional financial assets carried out through e-Notary (el-Notary) which ultimately results in deeds of ilkrar, waqf and airplane mortgages. Telrbult legal regulations can be taken from UlUl ILTEl as a legal stand to support the implementation of el-Notary in carrying out electronic transactions. The ability to complete an Otelnilk deed as well as to sign it personally as a legal agreement between Common Law and Civil Law Notaries, between Cybelr Notary and Ellelktronilk Notary. The three things that have been developed have resulted in a formalized renewal strategy produced in a complete, reliable, reliable and safe system through a collaborative strategy developed by several companies or companies using the company's technology team. telmul, selkalilguls' harmony and practice in carrying out the position of notary in Ilndonelsila. The resulting conclusion is that Ellektronilk's signature strength in the notary cybelr concept in the Pelrmeln Komilnfo prelsfelktilf number 11 of 2022, still has no strong legal strength.
Peran Notaris dalam Menjaga Keamanan Data Pribadi di Era Digital
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Dunia Ilmu Hukum dan Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2852

Abstract

In maintaining the security of personal data in the digital era, it is very important to remember that personal data can be used by unauthorized parties for various purposes. This is like the notary profession which is now required to be able to maintain the security of each client's data. Notaries can participate in recording important digital documents, such as deeds and contracts, which can help prevent manipulation. Due to the problems that occur, of course the role of the notary in maintaining data security must be considered, especially in transactions and legal documents. Even though the digital world has changed the way many transactions are carried out, the role of notaries still plays an important role in ensuring the validity, integrity and security of digital documents. Notaries can witness and certify contracts and digital legal documents, making them legally valid. The aim of this research is to explain and analyze the role of notaries in maintaining the security of personal data in the digital era. The approach used in this research is a juridical-empirical approach. The results of this research are that the role of notaries in maintaining data security in the digital era has an important role in validating digital signatures. By verifying identity and ensuring that digital signatures are valid, notaries help ensure security in digital transactions. In addition, notaries can also provide digital certificates that confirm the validity of digital signatures and electronic documents. This certificate is a strong proof of authentication. This is proof that the Notary ensures that digital transactions comply with applicable laws, including data privacy regulations and cyber security regulations. This helps keep data secure.
Akibat Hukum Kepailitan Perseroan Terhadap Perorangan
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Dunia Ilmu Hukum dan Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2853

Abstract

The aim of this study is to analyze the legal consequences of company bankruptcy for individuals and the legal certainty of company bankruptcy for individuals. The method used in this study is normative juridical with a statutory approach and a conceptual approach. This study uses primary, secondary and tertiary legal materials. Data collection uses document study or literature study techniques. The data that has been obtained is analyzed qualitatively using deductive and inductive methods or interpretation is carried out. The results of the study show that individual companies that have been declared bankrupt through a court decision can immediately give rise to legal consequences, namely that the debtor loses the right to carry out management and control over the assets owned and everything produced during bankruptcy, and the rights and obligations of the bankrupt debtor are transferred to the curator. to manage and control the debt as regulated in Article 19 to Article 62 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. The concept of bankruptcy law certainty in bankruptcy law can be demonstrated in the principle of quick case resolution and simple proof.
Kebutuhan Seksual Menjadi Penyebab Utama Tingginya Angka Perceraian
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 2 (2023): April : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v1i2.2969

Abstract

In Islam, marriage is a sunnatullah that applies to every creature. Marriage cannot always achieve its essential goals, one of which can be seen in divorce. It can even be stated that the most sad event in marriage is divorce, so God really hates it. So the author raised the theme "Sexual Needs Are the Main Cause of High Divorce Rates". The type of research used in this paper is Library Research. Using primary data sources that use material from several books about sexual needs and books about divorce. Secondary material as support for this research uses books, articles, papers that discuss divorce caused by sexual needs. So, based on this research, it can be concluded that one of the factors that can influence a family to divorce, among others, is the dissatisfaction of one partner in sexual relations, resulting in the partner's inner income not being met. Biological factors that are not fulfilled by partners are the main factor in the high divorce rate, either because they do not get satisfaction from their partners or for various reasons.

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