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).
Articles
214 Documents
<![CDATA[Pertanggungjawaban Petani yang Melakukan Wanprestasi atas Perjanjian Simpan Pinjam pada KSP Kopdit Pintu Air Cabang Lembor ]]>
<![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.v2i1.2025
<![CDATA[The purpose of this research is to analyse the liability of farmers who make defaults on savings and loan agreements at KSP Kopdit Pintu Air Lembor branch. The type of research used by the author is Empirical Legal research, the type of data used in this research is qualitative data. The data used in the research based on the relevance of the source data, namely primary and secondary data. The results of this study are that the reasons for the default of farmers on savings and loan agreements at KSP Kopdit Pintu Air Lembor Branch as follows are reduced rice yields and crop failure. The existence of traditional events such as marriage, death and school parties. Income is divided due to financing the education of their children and financing sick families. Farmers borrow from local businesses and communities. Farmers are members of other cooperatives and make loans. Government programmes to improve irrigation have caused farmers not to plant rice. Liability for default by Farmers on savings and loan agreements, namely continuing to pay principal + interest + dues every month and Farmers can repay loans in the form of as much as the member or Farmer can pay or repay the loan and Farmers continue to pay monthly even though only to cover the interest.]]>
<![CDATA[Penegakan Hukum Terhadap Illegal Fishing dan Overfishing Sumberdaya Perikanan : (Dalam Aspek Pertahanan Negara) ]]>
<![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.v1i4.2060
<![CDATA[This study aims to examine how law enforcement against illegal fishing and overfishing in the Indonesian ocean region is carried out by "Foreign Countries" such as Malaysia, Vietnam and other countries. We know that marine resources, in this case fisheries in Indonesia, are one form of the country's "defense" aspects. Indonesia's Exclusive Economic Zone or called ZEEI in the North Natuna Sea is an area that is often the case. For example, Indonesia there will be arrests of Vietnamese – flagged fishing vessels in early 2023 and until November 2018 the Indonesian Government had handled 134 illegal fishing cases and 41 of them had permanent legal force. Illegal fishing itself is often associated with large-scale fishing or overfishing thatresults in damage to the underwater ecosystem. Underwater ecosystems will become extinct if illegal fishing and overfishing cases are not seriously handled by the Government and Law Enforcement Officials. Foreign ships of illegal fishing and overfishing can be sanctioned in the form of violations of Law Number 31 of 2004 concerning Fisheries as amended by Law Number 45 of 2009 with the threat of a maximum prison sentence of 6 years and a maximum of Rp 20 billion rupiah. Also in the 1945 Constitution of the Republic of Indonesia mandates in article 27 paragraph (3) and article 30 paragraph (1) that state defense and security are the rights and obligations of each citizen to participate in the national defense and security effort and defending the country. The data collection method]]>
<![CDATA[Pandangan Hak Asasi Manusia Kebesasan Berpendapat di Media Sosial Hate Speech ]]>
<![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.v1i4.2063
<![CDATA[One of the main pillars of effective democracy is freedom of speech, which allows everyone to express their opinions and perspectives freely without fear of facing repressive actions or unjustified barriers. Everyone is entitled to the freedom of association, assembly, and speech, as stated in Article 28E (3) of the 1945 Constitution. The aim of this research is to study the legal aspects of the existence of hate speech on social media. This study examines the current legal framework governing freedom of speech and efforts to protect human rights in relation to racial harassment by reviewing existing legal regulations. The research method employed is literature review (bibliographical study). In legal research, the normative jurisprudence method is based on legal provisions such as human rights books' regulations, as well as information from research journals related to the research subject. Initial research findings suggest that hate speech is not a form of freedom of speech, and society should not respond to hate speech with more hateful speech. Instead, they can report hate speech content to the Ministry of Communication and Informatics for removal. The Information and Electronic Transactions Law (ITE Law) can serve as a resolution due to the existence of hate speech on social media by proving the occurrence of hate speech, whether it involves defamation or hate speech against Ethnicity, Religion, Race, or Inter-group relations. Keywords: HAM, ITE Law, Hate Speech]]>
<![CDATA[Perbandingan Sistem Hukum Civil Law ]]>
<![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.v2i1.2472
<![CDATA[ The third source of law referred to in the civil law system is jurisprudence. When argued that customary law applies to all members of society as a whole not directly, but through jurisprudence. However, the position of jurisprudence as legal sources in the civil law system have not long been accepted. This was caused by the view that rules of conduct, especially statutory rules, are aimed at to regulate the existing situation and avoid conflict, thus the rules made for matters after the law was enacted. Law in p This is a guideline regarding what can and cannot be done. The forms of legal sources in the formal sense in the Civil Law legal system are: Legislation, customs and jurisprudence. Countries Civil law adherents place the constitution at the highest level in the hierarchy of regulations Legislation ]]>
<![CDATA[Implementasi Penggunaan Artificial Intelligence Sebagai Alat Bantu Hukum Di Indonesia Dalam Menuju Society 5.0 ]]>
<![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.v2i1.2474
<![CDATA[Society 5.0 aims to make things easier by integrating virtual and physical spaces and incorporating artificial intelligence (hereafter referred to as AI). Therefore, the purpose of this research is to utilize AI as legal aid towards Society 5.0 in Indonesia. Artificial intelligence in the legal field helps many legal practitioners in conducting due diligence and investigations that are usually done by lawyers. AI can also analyze legal documents and find weaknesses and flaws in legal documents, usually contracts. This shows the huge potential of artificial intelligence. Therefore, there is nothing wrong with AI being used more widely in this country, becoming a legal tool to solve people's problems.]]>
<![CDATA[Pertanggungjawaban Pidana Anak Dalam Sistem Peradilan Pidana Anak 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.v1i4.2475
<![CDATA[The aim of this research is to explore how Law Number 11 of 2012 regulates the Juvenile Criminal Justice System and how juvenile criminal responsibility is regulated in the juvenile criminal justice system in Indonesia. By applying normative juridical research methods, it can be concluded as follows: 1. The Juvenile Criminal Justice System aims to achieve practical progress in efforts to optimally protect children, who are considered valuable assets for the future of the nation and state. Legal protection for children is defined as legal protection measures for various freedoms and human rights of children, as well as interests related to their welfare. 2. Criminal liability for minors who are involved in violating the law in accordance with the provisions regulated in the Criminal Code and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Children who are involved in criminal acts can still be held accountable, subject to criminal threats determined by the Criminal Code. The penalty for children is set at half the maximum penalty imposed on adults. It is important to note that life sentences and the death penalty are not applied to children in this context]]>
<![CDATA[Peran Pemerintah Daerah Dalam Pelaksanaan Tata Pemerintahan Yang Baik (Good Governance) Dalam Perspektif Hukum ]]>
<![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.v2i1.2477
<![CDATA[This article aims to examine the role of regional government in implementing good governance from a legal perspective. The role of Regional Government in the Implementation of Good Governance from a Legal Perspective is a very relevant issue in the context of public administration and law in many countries. As society's demands for quality, transparent, accountable and fair public services become increasingly complex, the concept of good governance becomes very important. This research use desciptive qualitative approach. The data collection technique used is library study, which means reading and understanding the content of discussions and various types of culture from newspapers, tabloids, journals, physical books and ebooks. Good governance aspires to create a government with principles such as transparency (openness), accountability, participation, justice and independence, with the hope of achieving the greatest goals for the prosperity and progress of the people and the country.]]>
<![CDATA[Studi Perbandingan Sistem Peradilan Indonesia Dan Malaysia ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i2.2515
<![CDATA[This research is a comparative study of two laws in the world, namely Indonesian law and Malaysian law. The two studies were carried out in comparing the definitions, characteristics, objectives and legal systems of judicial structures. This research aims to compare the two to find possible advantages and disadvantages, especially regarding the criminal justice system as well. By comparing the Malaysian legal system, Indonesia is no worse than Malaysia. In this research it turns out that Indonesia has many advantages, namely people who work and work in the legal field, and therefore it is possible that the rule of law in Indonesia is still better because there are many people who law-abiding. The Indonesian state must create a good legal system, the court structure must take into account the culture of a society like Malaysia, because law enforcement will be more effective if it is in accordance with the values or customs that have been formed in the society itself.]]>
<![CDATA[Kajian Smart Contract Dalam Perspektif Hukum Positif Di Indonesia ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i2.2517
<![CDATA[In the era of technology 4.0, Indonesia is pursuing progress through the adoption of smart contracts on the blockchain. The government responded to this by establishing technology regulations to address emerging challenges. Legal principles demonstrate their adaptability in the digital era by utilizing information technology to build a modern legal and administrative framework, in line with the vision of industrial development 4.0. This normative juridical legal research evaluates the application of legal norms in a concrete context, using statutory and conceptual approaches. Data collection was carried out through literature study using primary, secondary and tertiary legal materials. Data analysis uses qualitative descriptive methods. Smart contracts are increasingly widely used, especially in electronic transactions such as stock trading, crypto and hotel reservations. As a form of electronic agreement, smart contracts facilitate the automation of contract processes. However, its use must comply with the law and technology neutral principles in the ITE Law. Even though it is automatic, this technology is recognized as an Electronic Agent in accordance with Article 1 Number 8 of the ITE Law. The validity of these automated contracts is only questioned if it is proven that the automated system is problematic. Smart contracts in Indonesia are recognized in the context of contract law based on freedom of contract and the legal basis of the Civil Code. This recognition occurs because the Civil Code is open and complementary. However, the use of smart contracts must comply with statutory regulations, principles of decency and public order. Regulations governing smart contracts include the ITE Law, PP PTSE, and PP PMSE. These three regulations stipulate the procedures for using electronic contracts, providing a clear legal basis for the implementation of smart contracts.]]>
<![CDATA[Faktor Penghambat Pelaksanaan Rehabilitas Anak Pengguna Narkoba Di Lembaga Pembinaan Khusus Anak ]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[International Forum of Researchers and Lecturers ]]>
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DOI: 10.59581/doktrin.v2i2.2522
<![CDATA[This research discusses the Implementation and Inhibiting Factors of Rehabilitation of Children as Drug Users at the Gorontalo Children's Special Development Institution. The method used in the research is empirical with qualitative descriptive data analysis which describes and describes data and facts in the field. Based on the results of the research, the implementation of rehabilitation for children as drug users at the Gorontalo Province Special Child Development Institute is carried out through several stages, namely medical rehabilitation which begins with assessments and interviews as well as observations to examine the body and psychology in order to obtain information and history of narcotics addicts as supporting material for subsequent therapy. After the assessment, the next step is a routine examination process every 2 weeks by a health team or doctor, and administering medication according to the type of drug and the severity of the symptoms caused; Non-medical rehabilitation by carrying out a mental (spiritual) development process which is carried out routinely every day, in collaboration with religious foundations; and Social Rehabilitation by creating groups consisting of several people who have the same problem, then training in their skills to make work or crafts that have (economic) value. The Inhibiting Factors for Implementing Rehabilitation for Children who Use Drugs at the Gorontalo Province Special Development Institution for Children are limited human resources for officers; Limited Operational Funds; limited facilities and infrastructure, and lack of community support.Therefore, LKPA should continue to increase efforts to develop children so that they do not do similar things again in the future, by preparing rehabilitation infrastructure, including increasing competent and professional assistant staff. The community, especially families, must continue to provide full support for the process of coaching their children who are dealing with legal processes such as drugs, for the sake of the future of the nation and state.]]>
