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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).
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Articles 268 Documents
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Distorsi Keterwakilan Perempuan Melalui Pasal 8 ayat (2) PKPU Nomor 10 Tahun 2023 Ogie Nuggraha; Durohim Amnan
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November: 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.v1i4.1446

Abstract

Issuance of General Election Commission Regulation Number 10 of 2023 concerning the Nomination of Members of the DPR, Provincial DPRD and Regency/City DPRD, special wabil Article 8 paragraph (2) raises a new polemic because it is felt to deny the value of the struggle for democracy and the rule of law principle which has been painstakingly built so far sucks. The regulation is considered to reduce and distort the instrument of struggle for women's groups known as the affirmative action quota for women's representation of 30% in Parliament. The purpose of this study is to describe the problems that occur and discuss them in depth through methodological analysis. The research method that the author uses in this work is normative-juridical research with a library research approach which is coupled with gender theory and democratic principles and which is linked to the theme of this research discussion and uses qualitative methods. Research results Based on the description above, the authors conclude that Article 8 paragraph (2) PKPU 10/2023 is contrary to the principles of non-discrimination and the substantive equality and justice approach because it is not in line with the spirit of The Convention on the elimination of All Forms of Discrimination against Women (CEDAW ) which is further regulated in Law no. 7/1984 concerning the Convention on the Elimination of All Forms of Discrimination Against Women. Furthermore, the PKPU is not in line with the idea of ​​equality contained in the body of the 1945 Constitution of the Unitary State of the Republic of Indonesia such as Article 27 paragraph (1), Article 28D paragraph (3), Article 28H paragraph (2), and Article 28I paragraph (2). Article 8 paragraph (2) PKPU 10/2023 does not follow up on the essence of the legal norms of Article 245 Law Number 7 of 2017 concerning General Elections.  
Membangun Kesadaran Masyarakat Sebagai Upaya Pencegahan Tindak Pidana Politik Uang Pada Pemilu Serentak 2024 Fathol Bari
Jurnal Hukum dan Sosial Politik Vol. 1 No. 2 (2023): 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.v1i2.1468

Abstract

Preventing criminal acts of money politics in general elections is an important effort to maintain election integrity and the sustainability of democracy. The practice of money politics can threaten democratic principles, such as justice, participation and accountability. To overcome this problem, public education, information campaigns and community involvement play a crucial role in building public awareness of the dangers of money politics. This article discusses several key issues related to money politics, including factors that influence people to become involved in money politics, the negative impact of money politics on the integrity of elections and democracy, as well as effective strategies for building public awareness. Apart from that, this article also highlights the important role of public education, information campaigns and community involvement in preventing money politics in the 2024 elections. Through this collaborative effort, it is hoped that the public can be actively involved in honest, fair and transparent elections and avoid the rise of politics. Money.
Different Treatment Bagi Eksil Korban Peristiwa 1965 di Eropa Yohanes Victor Baro Bitan Lamatokan; Robertus Wijanarko
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.v2i2.1527

Abstract

This article examines the differential treatment of so-called exiles, people who were sent abroad either to study or to work. During the events of 1965-1966, their passports were revoked. They lived by moving from one country to another in search of a "home" that would accommodate them. The exiles traveled to various countries, including the Netherlands, France, Germany, Sweden and the United States. During this time, they experienced various difficulties, economically, socially and psychologically. Economically, they struggled to find work, socially, they experienced discrimination and psychologically, they were deeply traumatized and haunted by fear. The story of the suffering they experience contradicts the rights they should get as Indonesian citizens when they are abroad. The theoretical framework used is John Locke's liberalism, which clearly supports the equal rights of every citizen to ultimately create harmony between them. It is this equality of rights that this study aims to investigate. This research uses a qualitative approach that draws on literature, internet pages and interview narratives. As a result of the research, one of the exiles interviewed admitted that he was still proud to be an Indonesian citizen even though he did not get the same treatment as an Indonesian citizen.
Implementasi Peraturan Walikota Kupang Nomor 90 Tahun 2020 Tentang Penerapan Penggunaan Protokol Kesehatan di Era Pandemi Covid-19 di Wilayah Kota Kupang Aryana Ruthstine Heo; Saryono Yohanes; Hernimus Ratu Udju
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November: 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.v1i4.1538

Abstract

Policy Implementation is in principle a rare or way that is done so that the policy can achieve its goals. Policy implementation aims to measure the extent of the impact on society and the extent of implementation achieved. This type of research is empirical juridical research. The types and sources of data used are primary and secondary data. Primary data is data obtained directly from the research location through direct interviews with respondents and based on researcher observations. Secondary data is data obtained from literature studies. The data was analyzed descriptively qualitatively. Based on the results of this study, it shows that (1) The effectiveness of the policy implementation of the Kupang Mayor Regulation on the Use of Health Protocols, namely: (a) Kupang City government participation, (b) government performance. (2) Factors inhibiting the implementation of the law are: (a) Limited qualified human resources, (b) limited facilities and infrastructure, (c) the mindset of the community regarding the enforcement of health protocols.
Efektivitas Penyaluran Bantuan Dana Kepada Masyarakat Korban Bencana Seroja Kota Kupang Berdasarkan Peraturan Pemerintah Nomor 22 Tahun 2008 Bella Octavia Bole Padi; Saryono Yohanes; Hernimus Ratu Udju
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November: 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.v1i4.1539

Abstract

Natural disasters can happen anytime and anywhere without being predicted. The issue of natural disasters has a bad impact on many people, they can lose their lives and homes. The government in this case is directly in charge of handling this disaster case, namely the National Disaster Management Agency (abbreviated as BNPB) is a Non-ministerial Government Agency that has the task of assisting the President of the Republic of Indonesia in carrying out disaster management in accordance with the mandate of Law Number 24 of 2007 concerning Disaster Management. This research is a field research or empirical legal research, the methods used in data collection are interviews, observation and literature study, which was conducted in Nunbaun Delha Village and Manutapen Village, Alak District, Kupang City. Based on the results obtained by researchers based on the formulation of the problem of how far the effectiveness of the distribution of financial assistance to the victims of the seroja disaster in Nunbaun Delha Village and Manutapen Village, Alak District, Kupang City, is the problem of the initial initiative to establish a command post post, raising assistance, identifying the needs of victims. Factors inhibiting the effectiveness of the distribution of financial assistance to victims of the seroja disaster in Nunbaun Delha Village and Manutapen Village, Alak District, Kupang City Coordination and Information and Distribution of social assistance is not on time to recipients of social assistance.
Perlindungan Hukum Terhadap Anak Korban Kekerasan Fisik Oleh Orang Tua Kandung Muhammad Iqbal; Syaiful Asmi Hasibuan; Sumarno Sumarno
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November: 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.v1i4.1541

Abstract

The purpose of this research is to analyze the legal protection of child victims of physical violence by biological parents. This research uses a literature review approach by looking for theoretical references that are relevant to the case or problem found. Based on the results and discussion, it is found that the forms of violence experienced by children are physical violence such as: being kicked, hit, thrown with wood, slapped and even hung, resulting in children feeling depressed by the violence they experience and children who experience this rarely communicate with their friends. The sources that trigger physical violence against children are poverty, violence also occurs because the parents are stressed or have complicated problems. Parents' lack of knowledge The existence of children who do not want.
Studi Kasus Putusan Pengadilan Agama Demak Nomor 539/Pdt.G/2019/PA.Dmk Terhadap Pegawai Negeri Sipil (PNS) Wanita yang Menjadi Istri Kedua Ditinjau dari Peraturan Perundang-undangan Terkait Nurul Maulidina Jamilah; Hazar Kusmayanti; Betty Rubiati
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November: 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.v1i4.1542

Abstract

Female civil servants are absolutely prohibited from becoming second/third/fourth wives as regulated in Government Regulation Number 45 of 1990 concerning Marriage and Divorce Permits for Civil Servants, with the threat of sanctions for those who violate. Problems occur if the judge grants the request for polygamy with the prospective second wife's position as a civil servant with one of the judge's considerations which is not in accordance with the Legislative Regulations, namely ordering the prospective second wife to attach a Certificate of Giving Permission from Her Superior, as in the Decision of the Demak Religious Court Number 539/Pdt. G/2019/PA.Dmk. This research aims to determine the validity of the Certificate of Giving Permission from the Superior submitted by the prospective second wife in the decision in terms of the relevant Legislation. The approach method used in this research is normative juridical with research specifications, namely analytical descriptive, meaning that the events being researched are described using primary, secondary and tertiary legal materials. This research uses qualitative juridical analysis methods to produce descriptive data. The results obtained from this research are that the validity of the Certificate of Granting Superior Permission submitted by the prospective second wife should not have perfect legal force and can be canceled because it does not comply with the provisions in Article 4 paragraph (2) of Government Regulation Number 45 of 1990 concerning Marriage Permits and Divorce for Civil Servants.
Perlindungan Hukum Bagi Saksi Dalam Proses Peradilan Pidana Ditinjau Dari Undang-Undang Nomor 13 Tahun 2006 Tri Mei Rosalya Purba; Parlaungan Gabriel Siahaan; Dewi Pika Lumban Batu
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November: 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.v1i4.1646

Abstract

The position of witnesses in the criminal justice process occupies a key position, as seen in Article 184 of the Criminal Procedure Code (hereinafter abbreviated to KUHAP). 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 the criminal justice system, witnesses have not been maximally protected in a number of laws and regulations such as in the Criminal Procedure Code and in the Criminal Code, where witnesses have not received maximum attention because in the law above, almost in the articles of the Criminal Procedure Code there is not a single article that specifically regulates witness protection and almost every article in the Criminal Procedure Code and the Criminal Code, witness rights are always included with the rights of victims. The Criminal Procedure Code, which has so far been the basis for proceedings in Indonesian criminal justice, does not regulate the rights and protection of witnesses fundamentally or specifically even though there are several provisions. in the Criminal Procedure Code which regulates, regarding the rights of a witness as Article 108 paragraph (1) reads: every person who experiences, sees and witnesses and/or becomes a victim of an incident which constitutes a criminal act has the right to submit a report or complaint to the investigator or investigator either verbally or verbally. writing.
Pertanggungjawaban Online Shop Menggunakan Konten Endorsment Orang Lain Tanpa Izin Di Instagram Untuk Kepentingan Komersial Alif Wildan Anugrah; Adhitya Widya K
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November: 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.v1i4.1654

Abstract

The purpose of this research is to determine the responsibility of online stores that use other people's endorsement content without permission on Instagram for commercial purposes and to find what legal remedies can be taken by influencers whose endorsement content is misused by other people without permission. Instagram for commercial purposes. This type of research is norrmative juridical, data analysis uses norm ative research methods through library research and secondary data review. The data collection method used is literature studyy with data sources of primary legal materials and secondary legal materials. The results of this research are that the use of endorsement content by other online shops outside the agreement has violated the moral rights and economic rights of endorsement content creators as regulated in Article 9 paragraph (1) letters a, b, c and/or g for commercial use as well as Article 9 paragraph (2) Law no. 28 of 2014. Based on Article 113 paragraph (3) of Law no. 28 of 2014, the legal remedy that can be taken is to try to comment on the post and ask other online stores to delete it. You can also settle the lawsuit in the competent court in the country that has jurisdiction to try the lawsuit, namely Indonesian law.
Perkawinan Poligami Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan dan Menurut Hukum Adat Desa Lamahelan Kecamatan Ile Boleng Kabupaten Flores Timur Heribertus Virgi Golot; Agustinus Hedewata; Orpa J. Nubatonis
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.v2i1.1709

Abstract

The purpose of this study is to determine the requirements of polygamy according to Law Number 1 of 1974 concerning Marriage and according to the Customary Law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency. To find out the legal consequences of polygamy according to Law Number 1 of 1974 concerning Marriage and according to the customary law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency. This research was conducted using data collection techniques, namely, interviews and document studies. The data that has been collected both through interviews and document studies, examined one by one and arranged systematically so as to achieve the objectives of this research. The results of this study indicate that the requirements according to Law Number 1 of 1974 concerning Marriage and Menuut customary law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency have similarities such as permission from husband or wife and so on. But there are several requirements from customary law that differ from the law, namely the dowry (belis). In addition, if a polygamous marriage according to Law Number 1 Year 1974 concerning Marriage is submitted to the court, then a polygamous marriage according to the customary law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency is brought to the customary elders. For the legal consequences of polygamy according to Law No. 1 of 1974 concerning Marriage and according to the customary law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency, both do not specifically regulate life after polygamy. Law Number 1 of 1974 concerning Marriage and the Customary Law of Lamahelan Village, Ile Boleng Subdistrict, East Flores Regency also both recognise that when polygamous, the responsibilities that arise will be greater because from previously supporting one family will become several families.

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