Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
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).
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214 Documents
<![CDATA[Analisis Pertanggungjawaban Hukum Findaya Terhadap Pemberi Pinjaman Apabila Penerima Pinjaman GoPay Pinjam Wanprestasi ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v3i2.4866
<![CDATA[This study aims to analyze the position of Findaya in the implementation of GoPay Pinjam services, as well as to examine the legal liability for Findaya against the Lender in the event that the Lender breach of contract. This study uses a normative legal research method with a statutory approach and a conceptual approach. The data collection method used is a literature study sourced from primary legal materials and secondary legal materials. The inference method used is deductive logic technique. The results of this study indicate that in the GoPay Pinjam service which is Peer to Peer Lending, Findaya plays a role as a loan organizer as well as a power of attorney for the Lender. Its position is as an intermediary between the Lender and the Loan Recipient. Furthermore, in the event of default in the form of default by the Borrower, Findaya does not bear the risk of default but has a responsibility based on Article 2.3 of the General Conditions of Use of GoPay Pinjam to seek dispute resolution to fulfill the rights and protect the interests of the Lender.]]>
<![CDATA[Perlindungan Hukum bagi Pemegang Hak Cipta Buku (Copyright) Berdasarkan Undang-Undang Republik Indonesia Nomor 28 Tahun 2014 Tentang Hak Cipta ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v3i2.4893
<![CDATA[The government on behalf of the public interest has broad authority to achieve the goals and objectives of accelerating development for the benefit of the nation in accordance with the mandate of the constitution. But on the other hand, the government must provide legal certainty for communities affected by land acquisition for the public interest in terms of providing compensation. In this study, the legal problem analyzed is the state's right to control land in providing legal certainty for people affected by land acquisition for the public interest. In the implementation of the settlement of compensation, it is adjusted to the estimated assessment carried out by the authorized official to determine the value or price of the land in accordance with the provisions of the legislation. The purpose of this study is to identify and analyze the existence of a protection and legal certainty for the community in the settlement of land compensation for the public interest in accordance with hierarchical rules of legislation. In this study, using the juridical – normative method through the approach of legislation. The results of this study are in the form of a juridical analysis of the settlement of land compensation for the public interest of the region.]]>
<![CDATA[Peran Balai Pemasyarakatan dalam Proses Rehabilitasi dan Reintegrasi Anak yang Berhadapan dengan Hukum ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v3i2.4899
<![CDATA[Children in conflict with the law (ABH) are part of a vulnerable group that requires a special legal approach and social protection. The development of the concept of the juvenile criminal justice system in Indonesia has undergone a significant transformation since the enactment of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA). This law emphasizes the importance of a restorative justice approach and the resolution of juvenile cases from the formal justice system to a more humane and rehabilitative form. The Correctional Center (BAPAS) as an institution tasked with carrying out guidance and supervision of correctional clients including children, plays a central role in this process. Starting from the pre-adjudication, adjudication, to post-adjudication stages, BAPAS is responsible for ensuring that children's rights are protected and children receive guidance in accordance with the principle of the best interest of the child. However, in practice, there are still many challenges in implementing the role of BAPAS. Starting from limited resources, lack of coordination between institutions, to delays in the preparation of community service and child assistance. Therefore, it is necessary to review the effectiveness and challenges in implementing the BAPAS function within the framework of child rehabilitation and reintegration.]]>
<![CDATA[Pengaruh Keberadaan Pertambangan PT. IWIP Terhadap Masyarakat di Provinsi Maluku Utara Berdasarkan Perspektif Hukum Lingkungan ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 2 (2025): Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v3i2.4932
<![CDATA[The preparation of this scientific paper aims to analyze economic, social, environmental, and ecological issues that arise as a result of the interaction between mining activities and the existence of natural resources. This study employs a normative legal research method. Based on the findings, the mining activities of PT. IWIP in North Maluku Province have positive impacts that can support economic development. However, the adverse effects on the environment tend to be more significant. This is evidenced by water, air, and soil pollution caused by PT. IWIP’s mining operations in Central Halmahera Regency. According to the author, this is a very serious issue. The government’s ambition to make Indonesia a leading producer of nickel-based products has endangered the lives of residents in Central Halmahera living near nickel mining areas. These communities are forced to sacrifice their livelihoods, and even their health has been affected. Moreover, there is no accountability from PT. Indonesia Weda Bay Industrial Park regarding the environmental impacts, which are influenced by the new regulations that have been enacted. Article 88 of Law Number 6 of 2023, which ratifies Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation, removes the provision that previously did not require proof of fault. This change makes it more difficult for affected communities to prove the environmental pollution that has occurred.]]>
<![CDATA[Pendidikan Karakter dan Memahami Nilai-Nilai Moral Pesantren Gontor Darussalam ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 3 (2025): Juli : Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v3i3.5198
<![CDATA[Many Studies have describe the formation of characterin various educational institutions, such as schools, madrasas and Islamic boarding school, However, studiesthat perspective are still limited. This researchaimsto reveal how characterswith global insight are formed at Pondok Modern Darussalam Gontor. In this research, the data collection methods used include participant observation, in-depth interviews, and documentation studies. Participatory observation was carried out to understand the daily activities of the students in the Pondok Modern Darussalam Gontor environmet. Interviews were conducted with daily boarding school administratorsand student representatives to gain further insight into the character formation process. Meanwhile, the documentation study aims to collect data from various document relating to the activities and mechanisme of character formation in thi Islamic boarding school. The data analysis technique use in this research refersto the analysis model developed by Miles and Huberman. To unsure the validity of the data, this researchapplies the data triangulation method to increase the accuracy of the reserach result. The research result show that the character formation of student at Pondok Modern Darussalam Gontor is orriented towrds a global perpective and is based on three main prinsiple, namely integrative, comprehensive and independent (self_goverment). Based on these findings, the research recommends that the haracter formation model applied at Pondok Modern Darussalam Gontor can be adapted and applied more widely in various Islamic educational instituions.]]>
<![CDATA[Tantangan Perlindungan Anak dalam Konflik Bersenjata: Analisis Kegagalan Struktural dalam Program UNICEF di Republik Afrika Tengah ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 3 (2025): Juli : Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v3i3.5211
<![CDATA[This research explores the key challenges in child protection efforts carried out by UNICEF in armed conflict areas, focusing on the case of the Central African Republic (CAR). It adopts a qualitative approach with a descriptive-analytical design, drawing on a literature review of UNICEF reports, UN documents, academic publications, and other credible sources. The analysis reveals that child protection failures stem not only from technical obstacles in the field but also from deeper structural problems, including the state’s weak presence, political compromises with armed groups, and limited institutional capacity. Three major categories of barriers are identified: structural and access-related obstacles, socio-cultural and political constraints, and institutional and operational limitations. UNICEF faces significant challenges in reaching high-risk areas, gaining community trust, and ensuring program sustainability amid high dependence on external funding. Using the human security framework, this research highlights the need to understand child protection in conflict zones as a multidimensional issue requiring a long-term, contextualized approach that strengthens state structures and empowers local communities.]]>
<![CDATA[Menelusuri Kerentanan Kolusi dalam Sistem Peradilan Militer ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 3 (2025): Juli : Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v3i3.5213
<![CDATA[The military judiciary, as regulated by law, has the authority to handle military criminal cases and general criminal cases committed by military personnel or persons deemed equivalent to military personnel according to the law. However, its closed and hierarchical nature creates the potential for criminal practices within the military justice system, such as conflicts of interest that could lead to new legal violations in the form of collusion. Therefore, a study is needed to analyse how vulnerable the military justice system is to collusion and the urgency of transparency and reform of the military justice system in order to formulate concrete and sustainable legal reform measures. This research uses a legal-normative approach with qualitative methods. The results of this study show that the military justice system comprises three important elements or bodies, namely Ankum, the Military Prosecutor, and the Military Judge. However, all three are part of the military (TNI) and are therefore subject to military hierarchy, which has the potential to cause conflicts of interest that can lead to new legal violations such as collusion and weaken the objectivity of the legal process, exacerbated by corps solidarity. Collusion practices have many negative impacts, especially when involving the public as victims. Given that the Military Court Act (HAPMIL) has not undergone changes in its legislation, there is a need for transparency and reform of the military court system that aligns with current legal standards.]]>
<![CDATA[Kepastian Hukum Larangan Notaris Merangkap Jabatan sebagai Pimpinan Badan Usaha ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 3 (2025): Juli : Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v3i3.5244
<![CDATA[The provision under Article 17 paragraph (1) letter f of the Notary Law (UUJN) stipulates that a Notary is prohibited from concurrently holding a position as a leader or manager in a state-owned or private business entity. However, the term "leader" as used in this provision is not clearly defined, either in the main text of the article or in its explanatory section. The absence of a clear definition creates legal ambiguity, as the provision does not refer to organizational structures regulated under the Company Law, the State-Owned Enterprises Law, or the Regional Government Law. This has led to varying interpretations in the supervision of Notaries and creates potential inconsistencies in the enforcement of the rule. To address this normative uncertainty, there is a need for regulation that explicitly outlines which positions are considered to fall under the term "leader" as intended by the UUJN. This journal article focuses on analyzing the meaning of the term "leader" in Article 17 paragraph (1) letter f of the UUJN, and on examining the legal certainty of using the term in relation to the prohibition against Notaries concurrently holding leadership positions in business entities.]]>
<![CDATA[Analisis Dasar Pertimbangan Hakim Pelaku Perbuatan Berlanjut Tindak Pidana Penipuan Investasi dan Tindak Pidana Pencucian Uang (Studi Terhadap Putusan Nomor 336/Pid.B/2023/PN Jkt.Pst) ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 3 (2025): Juli : Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v3i3.5250
<![CDATA[This study analyzes the judicial considerations in sentencing a perpetrator of money laundering originating from investment fraud, using the case of Decision Number 336/Pid.B/2023/PN Jkt.Pst as a reference. The defendant, Iwan Sabar, was proven to have employed a sophisticated scheme involving multiple fictitious entities to deceive victims and conceal the proceeds of crime. The analysis reveals that the judge applied a systematic legal and factual approach, including the principles of continuous acts (voortgezette handeling) and concursus realis between fraud and money laundering. In terms of penal objectives, the ruling reflects retributive and deterrent goals through a 10-year prison sentence and a fine of IDR 4 billion. However, rehabilitative and restorative aspects remain underdeveloped due to the absence of specific rehabilitation programs and a lack of clear mechanisms for victim compensation. Therefore, it is recommended that penal policies for economic crimes emphasize not only punishment but also victim recovery and offender reform in alignment with modern criminal justice principles.]]>
<![CDATA[Keabsahan Mutasi Karyawan tanpa Klausul Mutasi dalam Perjanjian Kerja ditinjau Menurut Undang-Undang Nomor 6 Tahun 2023 tentang Pengesahan Perpu Cipta Kerja ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 3 No. 3 (2025): Juli : Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v3i3.5255
<![CDATA[Employee transfers are common in companies, but regulations regarding transfer provisions are still very minimal. The absence of specific provisions governing transfers is often misused by employers, resulting in industrial relations disputes, one of which occurred between PT. Amartha Manunggal Prima and Khairunnisa Utami. This study aims to analyze the validity of the transfer process carried out by the company if there are no provisions or legal basis underlying the transfer process. This study uses a normative legal method, by analyzing the conformity between the considerations of the Panel of Judges in Decision Number 24/Pdt.Sus-PHI/PN JMB with laws and regulations, especially Law Number 6 of 2023 concerning the Ratification of the Job Creation. Based on the results of the analysis, a transfer process is one of the company's rights to regulate human resources for the interests and progress of the company and in general transfers are regulated in work agreements, joint work agreements, or company regulations. If the mutation process is not regulated, then the mutation must be based on an agreement between the two parties as mentioned in the Supreme Court Decision Number 567 K/Pdt.Sus-PHI/2016 which stipulates that mutations without the consent of workers can be canceled through the industrial relations court. In addition, mutations must not conflict with existing laws and regulations, especially Article 32 of the Manpower Law which regulates the placement of workers,]]>
