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Jurnal Hukum dan Sosial Politik
Published by International Forum of Researchers and Lecturers
ISSN : 29864445     EISSN : 29863287     DOI : 10.59581
Core Subject :
Jurnal Hukum dan Sosial Politik dengan e-ISSN : 2986-3287, p-ISSN : 2986-4445 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 terbit 1 tahun 4 kali (Februari, Mei, Agustus dan November).
Arjuna Subject : -
Articles 268 Documents
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Analisis Hukum Terhadap Sengketa Kepemilikan Tanah di Perdesaan Bersertifikat Ganda Cepi Winarso; Nathasya Nathasya; Santy Fitnawati WN; Robby Nurtresna
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2713

Abstract

Land ownership was part of the civil rights, and the state gave legal evidence to probed peoples with land certificates. Inaccuracies in the making of the land papers/certificates could be due to deliberate or fraud (fraud) and/or coercion (dwang) in the making of the physical or legal data recorded on the land list. Hence, the certificate given may be invalid. The purpose of this research is to 1. Analyzing how the settling of the overlapping land-ownership disputes led to a dual certificate. 2. BPN responsibility analysis and legal protection methods in the making of double certificates. The study is conducted using a methodological study of prescriptive law and a field investigation approach. The land dispute was a dispute between two or more persons to retain a legal property rights against each person or group to maintain an interest in the same land or item inside or above the ground.
Kriteria Itikad Tidak Baik Bank Dalam Pelaksanaan Lelang Atas Objek Hak Tanggungan Nabilah Nurmasitha
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2719

Abstract

From traditional trading practices to today's global financial system, credit agreements have played an important role in the formation of the world economy. Good faith can often be said to be a high norm in civil law, especially in contracts, because objective good faith refers to a normative concept related to moral standards in carrying out legal actions, especially in carrying out auctions. Bad faith is a contario of the definition of good faith, namely that good faith will be the background for someone to act against the law which results in harm to another party. Bad faith has not been clearly regulated in any statutory regulations, so determining whether someone is acting in bad faith is not easy considering that there are no provisions related to bad faith in statutory provisions, including BW. This research aims to analyze the basic determinants of bad faith in the implementation of mortgage rights execution auctions by banks based on credit agreements and the legal consequences for banks who act in bad faith in implementing mortgage rights auctions. The research method used in the research is normative legal research using a statutory approach, case approach and conceptual approach. This research uses legal materials sourced from primary legal materials and secondary legal materials which are then collected through literature study, analyzed using qualitative methods. The results of the research are that the basis for determining the existence of bad faith can be seen from actions that violate the law which are not based on the principle of caution or are not careful in carrying out their duties. Therefore, as a legal consequence of bad faith, you can file a lawsuit for cancellation of the auction which causes the auction to be canceled to the Local District Court.
Pengajuan Gugatan Terhadap Ayah Kandung Atas Tidak Diberikannya Nafkah Untuk Anak Pasca Perceraian Ditinjau Menurut Hukum Islam Dan Undang-Undang Perkawinan : Studi Kasus Putusan Pengadilan Negeri Salatiga Nomor 102/PDT.G/2021/PN. SLT Revaganesya Abdallah; Djanuardi Djanuardi; Betty Rubiati
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2722

Abstract

Divorce has legal consequences for the relationship between husband and wife, property, and children resulting from the marriage. Especially for children from marriage, it gives parents the obligation to maintain and educate their children. However, specifically child maintenance after divorce according to Islamic Law and the Marriage Law is the obligation of a father to his child. Case Study Research on Salatiga District Court Decision Number 102/PDT.G/2021/PN. Slt. a child filed a lawsuit against his father for post-divorce maintenance, however, the lawsuit was rejected by the Panel of Judges of the Salatiga District Court. Therefore, this study aims to determine the responsibility for fulfilling the father's maintenance of a child after divorce and the legal remedies that a child can take when the right to post-divorce maintenance is not fulfilled by using the research method, namely, the normative juridical approach method and analytical description research specifications, namely to examine events as the object of research guided by primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis method uses qualitative juridical which results in descriptive data analysis.
Kekerasan Dalam Rumah Tangga Akibat Perceraian Dan Dampaknya Terhadap Anak Catur Sakti Artaro
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2739

Abstract

This study aims to describe and understand the impact of domestic violence (DV) on children who are victims or witnesses of violence that occurs in the household. This research uses a qualitative approach with a case study method. Data were collected through in-depth interviews with 3 respondents consisting of 2 parents who divorced due to domestic violence and 1 child who experienced domestic violence. The data were analyzed using narrative analysis techniques. The results showed that domestic violence has a serious and diverse impact on children, both physically, psychologically and socially. This impact is influenced by several factors, such as the type, frequency, intensity, and duration of violence, age, gender, and characteristics of the child, as well as support and protection provided by other parties. This research provides contributions, implications and suggestions for the development of science, practice and further research.
Modern Slavery: Analisis Dampak Regulasi Pemerintah Terhadap Ketidak Pemenuhan Hak Pekerja Buruh di Indonesia Angela Kirana Hartanto; Aulia Khoiriya; Bijak Anugrah; Salsabila Khoirunnisa
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2776

Abstract

In Indonesia, the Job Creation Law has had a major impact on workers, especially in terms of policies that tend to favor companies. The emphasis on labor flexibility and the ease with which companies can restructure can reduce job security, wages, and workers' rights. Inequalities in labor contract negotiations arise as the power differential between companies and workers widens. Thus, modern slavery practices often emerge to make workers feel marginalized. This is due to the lack of legal protection, which is detrimental to their health. Therefore, this study aims to provide an explanation of the effect of government regulation in the form of omnibus law and investment policies on the welfare of workers in terms of wages and working time. To achieve this goal, this research uses a political economy perspective with two derivative theories, namely the theory of oligarchy and neoliberalism. Then, in collecting data, this research will use the big data analytics method that will collect data containing tweets from Indonesians on social media X that contain certain keywords. This method consists of several stages consisting of data cleaning processing, data transformation into tabular form, and data visualization. Besides big data, this research also uses literature review methods to collect data from books, journals, and articles related to this research topic.
Peran dan Manfaat Arbitrase sebagai Alternatif Penyelesaian Sengketa Ditinjau dari Perspektif Pelaku Usaha Indradewi, Astrid Athina; Sugianto, Fajar
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2798

Abstract

Every person experiences disagreements, conflicts, issues, and confrontations in their lifetime. Nobody wants to get into a disagreement with someone else. Each business actor, particularly in economic activities, should always be prepared for the possibility of disagreements that may arise at any point in the future. Here, the business actor will select the form of dispute resolution that best fits their requirements. This study employed a normative juridical research methodology that combines a doctrinal and statutory regulation approach. This study concludes that arbitration is a non-litigation dispute settlement mechanism. With its many benefits, arbitration plays a big part in settling business conflicts.
Kejahatan Genosida Dalam Perspektik Hukum Pidana Internasional Fikri Dwi Fadillah; Muhammad Zirly Annadziif
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2801

Abstract

International criminal law deals with extraordinary crimes, including the crime of genocide, which has been prohibited and regulated by various international treaties such as the 1948 Genocide Convention, the statute of the International Criminal Tribunals for the Former Yugoslavia (ICTY), the statute of the International Criminal Tribunals for Rwanda (ICTR), and the 1998 Rome Statute. This research aims to understand the crime of genocide in the context of International Law and its related dispute resolution methods. This research uses a doctrinal or normative juridical research approach. The results show that genocide crimes often arise as a result of the struggle for tribal rights which is a minority group. In addition, the existence of religious and racial fanaticism can also play a role in encouraging cultural discrimination that leads to the crime of genocide. In response to these crimes, International Law has developed regulations and dispute resolution mechanisms. This research provides an in-depth understanding of the root causes of the crime of genocide and highlights the role of International Law in addressing such acts. Dispute resolution methods, whether through peaceful or coercive means, become relevant in responding to the crime of genocide and upholding international justice. As such, this research contributes to further understanding of the complexity and urgency of addressing the crime of genocide within the framework of International Law.
Faktor Penyebab Terjadi Tindak Pidana Penganiayaan Anak Indriyanti Mahmud; Lisnawaty W. Badu; Avelia Rahmah Y. Mantali
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2856

Abstract

This research aims to determine the causes of criminal acts of child abuse. This research uses empirical legal methods and is based on phenomena and realities in the field, then analyzed descriptively. The results of the research are that the causes of criminal acts of child abuse in Gorontalo consist of internal factors originating from within the child in the form of a disputed object that arises when there is a previous debate between children, whether insults or fighting over things to close friends (boyfriends), the existence of feelings of hurt that arise because of other people's actions and words to themselves which offend the feelings and inner thoughts of children who are still unstable as being childish and not thinking far ahead. Meanwhile external factors consist of lack of family supervision; Existence of Organizational Groups; Lack of Mastery of Moral and Religious Education; and Electronic Media Broadcasts.
Analisis Yuridis terhadap Tindak Pidana Penganiayaan yang Mengakibatkan Cacat Permanen di Kabupaten Sikka : (Studi Kasus Putusan Nomor: 26/Pid.B/2022/PN.Mme) Theresia Edelweis Putri Nurak; Aksi Sinurat; Orpa G. Manuain
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2867

Abstract

In Decision Number: 26/Pid.B/2022/PN.Mme regarding abuse which resulted in permanent disability, the panel of judges only imposed a criminal sentence on the defendant with a prison sentence of 9 months. The problem to be studied is the basis for the consideration of the Panel of Judges and the imposition of the crime. This research aims to find out the basis for the judge's considerations and the imposition of crimes against perpetrators of abuse. The benefits of this research are theoretical and practical benefits. The type of research that will be used in this writing is a normative legal study. The types of research approaches used include the statutory approach, case approach, conceptual approach and comparative approach. The data sources used in this research use two data sources, namely primary legal materials and secondary legal materials. Whether or not the judge's decision is in accordance with the criminal act charged by the Public Prosecutor, the judge must consider aspects, namely juridical, philosophical and sociological aspects. The sentence imposed on perpetrators of torture is a maximum prison sentence of 5 years, in accordance with the contents of Article 351 paragraph (2) of the Criminal Code. The judge did not take into account the juridical, sociological and philosophical aspects as a basis for consideration in making decisions regarding Decision Number: 26/Pid.B/2022 /PN.Mme. The actual criminal sentence against the defendant is a maximum imprisonment of 5 (five) years), as stated in Article 351 paragraph (1) of the Criminal Code which states "If the action results in serious injury, the guilty person is threatened with a maximum prison sentence of five years".
Kesadaran Hukum tentang Perkawinan Tungku Cu (Perkawinan Sedarah) di Kampung Timung, Desa Golo Cador Kecamatan Wae Ri’i, Kabupaten Manggarai Maria Febrianti Jesika Tanur; Sukardan Aloysius; Orpa Juliana Nubatonis
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2869

Abstract

Furnace cu marriage is a marriage carried out between the daughter of a brother and the son of a biological sister. The marriage of the furnace cu has been carried out since ancient times so that it is carried out from generation to generation by the people of Timung Village. This marriage is an incestuous marriage prohibited in Law Number 1 of 1974 concerning Marriage in Article 8b. At the time the marriage law came into force in 1974, there were still those who carried out cu furnace marriages (inbreeding). The formulation of the problem from the research is: How is the legal awareness of the people of Kampung Timung, regarding furnace cu marriage (inbreeding) which is prohibited in Law Number 1 of 1974 concerning Marriage? And How is the existence of the furnace cu marriage in Timung Village at this time? The purpose of this study is to determine the legal awareness of the people of Timung Village regarding furnace cu marriage (inbreeding) which is prohibited in Law Number 1 of 1974. The second purpose is to find out the existence or existence of the cu furnace marriage in Timung Village at this time. The type of research used in this study is a type of empirical legal research. The data sources used in this study are primary data and secondary data. Data processing and analysis techniques, namely editing, coding, data systematization, then the data obtained both primary and secondary data will be processed and analyzed by researchers based on problem formulations. Based on the results of research that researchers have conducted, legal awareness of the Timung Village Community is still low because the Timung Village Community does not know and understand that cu furnace marriage (incestuous marriage) is prohibited in the Marriage Law, so that after the Marriage Law has come into effect in 1974 the Timung Village community still practices cu furnace marriage until 2005. The legal awareness of the Timung Village Community after the Marriage Law came into effect in 1974 against the ban on marriage was caused by several factors such as, customary factors, low level of education, compulsion due to arranged marriages by parents, lack of legal counseling from the government regarding the prohibition of marriage contained in Law Number 1 of 1974 concerning Marriage. The existence of furnace cu marriages at this time, is rarely found and has begun to fade, influenced by several factors such as bans from the church, fear that offspring will be born defective, the influence of social media.

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