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[Tinjauan Hukum Islam Pada Cerai Talak Terhadap Pernikahan dengan Mahar Tidak Tunai ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i1.1939
<![CDATA[The purpose of this research is to find out: (1) the legal consequences of talak divorce on marriages with non-cash dowry, (2) to find out the legal status of the husband's unpaid dowry debt after talak divorce. The type of research used in this research is qualitative research. In this qualitative method, research is carried out directly in the field or at the research location. The research approach used in this research is in the form of a library study (Library Research). Based on the results of the research and discussion in this study, it can be concluded that: For a husband who divorces his wife even though he has not had sexual relations with her, he only has the obligation to pay half of the dowry amount that has been determined before the marriage contract is carried out. However, a husband who has had sex with his wife and then divorces or des not divorce, still has the obligation to pay all the dowry that has been determined by the prospective husband. Meanwhile, for a husband who dies, according to the opinion of most Islamic law experts, it is still obligatory to pay the specified dowry even though during his lifetime he never had sexual intercourse with her (dukhul). Paying debts in Islam is obligatory and you cannot delay paying off all your debts. Likewise, the dowry law must be paid by the prospective husband to the prospective wife at the time of the marriage contract, but if the dowry is postponed then it is still permissible as long as the time for repayment is clear. Paying dowry debts according to the Compilation of Islamic Law is permissible to be owed and may also be deferred if the bride-to-be is happy and gives permission if the dowry is deferred. In this case, the dowry is still owed in the event of separation (divorce), a husband's obligation is to pay the dowry from the assets owned by a husband during the marriage and the dowry owed can be settled after the divorce occurs.]]>
<![CDATA[Kebijakan Hukum Dalam Mengoptimalkan Pendapatan Asli Daerah di Kota Pekanbaru ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i1.1945
<![CDATA[This scientific work assignment discusses legal policies in optimizing local original income in the city of Pekanbaru. This research aims to explore an in-depth understanding of the role of legal policy in increasing local revenue in the region. In this study, an analysis of the applicable rules and regulations and their impact on potential regional financial revenues was carried out. The research methodology used includes document analysis, interviews, and comparative studies with similar cities. The results of this research can provide a clearer view of the importance of legal policy in supporting regional economic growth and provide recommendations for further improvement. It is hoped that this research will be an important contribution to the practical and academic understanding of this issue in the Pekanbaru city.]]>
<![CDATA[Perbandingan Sistem Hukum Indonesia Dengan Sistem Hukum Barat ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i1.1946
<![CDATA[Comparative law as a science in the Western world is a very young branch of science, only growing rapidly at the end of the 19th century or at the beginning of the 20th century. Previously, efforts had been made to compare several systems with each other, but at that time It cannot be said that research has been carried out using a comparative method carried out systematically and continuously with the aim of achieving a certain goal. The method used is library research, collecting data by searching for sources and constructing them from various sources such as books, journals and existing research. In its development, this legal system recognized the division of public law and private law. Public law includes legal regulations that regulate the power and authority of the ruler/state as well as the relationships between society and the state (the same as public law in the Anglo-Saxon legal system). Private Law includes legal regulations that regulate relationships between individuals in meeting their daily needs. The values of the western legal system are not in accordance with the noble values of the Indonesian nation, resulting in a gap between the law and the Indonesian society it regulates. The customary law system has its values in certain indigenous communities, can only be believed and practiced by indigenous communities, and cannot be ratified as national law, and the Islamic legal system's values are believed and practiced by the majority of Indonesian people nationally.]]>
<![CDATA[Konsep Inseminasi Buatan pada Manusia dalam Perspektif Maqashid Syariah ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i1.1949
<![CDATA[This research aims to determine the review of Islamic law regarding artificial insemination in humans. And to find out the maqashid of sharia on artificial insemination in humans. This research was carried out using library research and paying attention to the field (Field Research). Literature study is a process of searching for various literature, study results related to the research to be conducted. Literature study can be likened to a key that will open everything that can help solve research problems. The results of the research show that artificial insemination in humans in terms of Islamic law is (1) sperm cells and ovum from the husband and wife themselves, and the embryos are not transferred into the womb of another woman (entrusted mother), if the condition of the husband and wife concerned really requires it and (2) artificial insemination or IVF with sperm and/or ovum donors brings more harm than good. The problem is that it can help married couples where both or one of them is infertile or there are natural obstacles in the husband and/or wife that prevent sperm cells from meeting with egg cells. Yusuf Qaradawi said that if sperm comes from another man, whether known or unknown, then this is forbidden. Likewise, if the egg cells come from another woman, or the egg cells belong to the wife, but the uterus belongs to another woman, this is not allowed. Sheikh Mamud Syaltut said that artificial insemination uses the sperm of another man (not her husband). The law is the same as adultery and children born as a result of this kind of insemination have the same status as children born outside of a valid marriage. The Maqashid of Sharia on artificial insemination in humans is hifdzun nasab (protecting the succession of descendants) because children are included in the requirements of doruriyat in marriage. although human insemination (IVF) does carry some risks of death and post-natal disorders. Artificial insemination in humans with sperm and ovum donors will bring more harm (negative impacts) than benefits (positive impacts). Among the benefits is helping husband and wife who are infertile, either both or one of them, to have offspring or who experience problems with normal fertilization.]]>
<![CDATA[Konsep Penampilan Diri dalam Menjaga Keutuhan Rumah Tangga Perspektif Hukum Islam ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i1.1950
<![CDATA[The purpose of this research is to determine: (1) The influence of personal appearance on household integrity, (2) The concept of improving appearance in maintaining household integrity from an Islamic legal perspective. The type of research used in this research is qualitative research. In this qualitative method, research is carried out directly in the field or at the research location. The research approach used in this research is in the form of a library study (Library Research). Based on the research results and discussion in this research, it can be concluded that: The influence of personal appearance on the integrity of the household in order to maintain good relationships and relationships between husband and wife, in addition to having good morals. good and wise behavior, maintaining one's appearance also has a significant impact in maintaining the husband-wife relationship. Therefore, it is often recommended that wives look attractive by wearing nice clothes, quality cosmetics and perfume when in front of their husbands. The concept of improving appearance in maintaining the integrity of the household from an Islamic legal perspective is divided into two, namely: (a) Improving appearance which is permissible and this is only limited to in front of the husband or only for the husband, including: wearing perfume, wearing eyeliner, and using eye lenses or contact lenses, ( b) Improving your appearance, which is absolutely haram for reasons for your husband or to increase your personal beauty, is shaving your eyebrows or embroidering your eyebrows and attaching your hair.]]>
<![CDATA[Pemberian Dispensasi Kawin Dibawah Umur Oleh Hakim Pasca Perubahan Undang-Undang Perkawinan ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i1.1952
<![CDATA[The granting of marriage dispensation by judges experienced a discourse from the age of marriage, which originally occurred because of the age difference between men and women, which caused family conditions that were not solid, with the younger age of women causing marriage to look more discriminating against women in the purpose of marriage. Then it changed to a regulation that equalized the age limit for marriage for both men and women. In the treatment of deviations from the rules of marriage age, it is also emphasized that there is equal treatment. However, this cannot limit the judges' ability to render judgments. The examination of marriage dispensation must be carried out thoroughly, so the focus of this study is on how the dynamics present in each decision by judges need to be analyzed. The research method is a study of normative law related to the provisions of the marriage dispensation. The analysis is carried out with the theory of judicial power, which includes legal justice, legal certainty, and legal expediency. The results showed that every judge's decision is affected by the disparity of the judgment on the granting of marriage dispensation when the judge does not examine all the offenses of the application for dispensation in the search for the application for dispensation, which becomes the basis for the judge to consider the decision. So that stigma for urgent reasons does not become unclear and clear. Therefore, every trial must systematically follow the judicial process in order to realize the purpose of marriage ]]>
<![CDATA[Tinjauan Yuridis Surat Edaran Mahkamah Agung Nomor 07 Tahun 2014 Ditinjau dari Putusan Mahkamah Konstitusi Nomor 34/Puu-Xi/2013 ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i1.1960
<![CDATA[The Indonesian Constitutional Court in its judicial review of the Criminal Procedure Code No. 34/PUU-XI/2013 stated that Article 268 paragraph (3) regarding the limit on filing for judicial review of criminal cases is contrary to the 1945 Constitution and has no binding legal force. The Supreme Court responded to the decision by issuing Supreme Court Circular Letter No. 07/2014 which continues to limit judicial review to only one time based on the Judicial Power Act and the Supreme Court Act. Departing from regulatory dualism, this paper formulates the problem of the legal products issued by the Supreme Court and the Constitutional Court in terms of material testing of Law Number 8 of 1981 concerning the Criminal Procedure Code. This study uses normative legal research methods through a review of literature sources. Through Gustav Radbruch's Legal Theory, this study found that first, the position of the SEMA was issued even though it was in accordance with existing laws and regulations, but this decision was contrary to Gustav Radbruch's Legal Theory. Second, the legal consequences after the Constitutional Court Decision. The Supreme Court through SEMA that limits the filing of judicial review to one time is legally flawed both in terms of substance and formal formation because it contradicts the Constitutional Court Decision.]]>
<![CDATA[Penegakan Hukum Tindak Pidana Pemalsuan Surat Tanah oleh Penyidik Ditreskrimum Polda Maluku Utara ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i1.1963
<![CDATA[The crime of falsifying land certificates is an unlawful act that intends to take over the rights to land ownership from the victims. This land certificate forgery case is a rare or little case encountered by the General Criminal Investigation Directorate of the North Maluku Regional Police because so far the cases that have been entered are from reports of people who are victims of land certificate forgery. The purpose of this study is to know and analyze the form of law enforcement in the criminal act of land certificate forgery and also find out what are the obstacles experienced by police investigators of the Directorate of General Criminal Investigation of the North Maluku Regional Police when carrying out their duties as well as with efforts made by police officers, especially investigators to overcome obstacles in law enforcement of land certificate forgery crimes. The method used is in the form of an empirical juridical method with primary data sources that the author found through interviews with members as well as auxiliary investigators at the General Criminal Investigation Directorate of the North Maluku Regional Police along with secondary data. With data analysis methods in the form of qualitative analysis methods, where data obtained through collection methods such as interviews with resource persons and observation of reality in the field which will then be drawn conclusions. It should be noted that law enforcement in the crime of forgery of land certificates still has many obstacles such as loss of evidence, long summoning of witnesses, search and seizure permits and low legal error in the community.]]>
<![CDATA[Tinjauan Yuridis Penembakan Tentara Nasional Indonesia Dalam Keadaan Tidak Darurat Menurut Hukum Indonesia ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i1.1964
<![CDATA[The military intervention carried out by the Indonesian National Army (TNI) in the conflict in Intan Jaya Regency, Papua, has raised serious concerns regarding compliance with legal standards and human rights (HAM). The actions of the Indonesian National Army (TNI) which resulted in the deaths of three Papuans raise doubts about respect for individual rights to life and security. In conflict situations, it is important to ensure that human rights, especially the right to life, are respected and protected. For example, in Law no. 34 of 2004 which regulates the use of weapons by the Indonesian National Army (TNI) in peaceful conditions, allows the use of weapons only with written permission from superiors and in the context of maintaining security and requested. In the context of this case, the shooting at the Sugapa Community Health Center did not have written permission from the Indonesian National Army (TNI) superiors, which is a serious violation of law. This violation raises questions about the accountability of security forces and the need for law enforcement in cases of gun shooting by members of the Indonesian National Army (TNI) outside of emergency situations. The situation in Papua creates ongoing challenges. Armed groups in the region often threaten national security and the safety of security forces. In the face of serious threats to state sovereignty, the government, and the Indonesian National Army (TNI) may feel forced to take decisive action. However, these actions must still comply with legal and human rights standards and ensure that human rights and the right to life of individuals are fully respected. This research is normative in nature with a focus on analysis of the legal framework that regulates the use of weapons by the Indonesian National Army (TNI). Normative research methods are used to state consistency and compliance with applicable regulations. Through this approach, the research aims to provide a legal perspective on erasure actions in Papua, as well as asking whether these steps are in accordance with applicable legal and human rights principles. It is hoped that the results of this research will provide a basis for recommending improvements to policies and actions that support law enforcement and human rights protection in the context of conflict in Papua]]>
<![CDATA[Ketiadaan Urgensi Wajib Militer Di Indonesia ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Oktober : Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v1i4.1995
<![CDATA[In the Constitution of the Republic of Indonesia article 30 paragraph (1) Every citizen is entitled and obliged to participate in the defence and security efforts of the state and paragraph (2) The defence and security efforts of the state are carried out through a universal people's defence and security system by the Indonesian National Army and the Indonesian National Police of the Republic of Indonesia as the main force, and the people as a supporting force. This relates to the development of state security and resilience efforts, one of which is the conscription efforts that have been implemented in several countries such as South Korea and Thailand. But military training in Indonesia is only given to the Indonesian National Army, which in essence is something that is directly related to the profession being undertaken. This study uses a descriptive research method which approaches by collecting literature data and analysed by the author. The results of this study confirm that currently Indonesia does not need conscription because it is not in a state of emergency or war for a long period of time so far.]]>
