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PEPAKEM: Jurnal Hukum Tata Negara dan Politik Islam
Published by Universitas Islam Negeri Siber Syekh Nurjati Cirebon
ISSN : -     EISSN : 30480930     DOI : https://doi.org/10.24235/pepakem.v4i1
Core Subject :
Focus and Scope Since 2023, PEPAKEM has only focused on article themes related to Sharia and Law, such as: Islamic Law Constitutional Law Siyasa Fiqh Islamic Politics Political Policy and Law State Administrative Law Islamic Political Thought
Arjuna Subject : -
Articles 46 Documents
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Penanganan Tindak Pidana Penggelapan di Kejaksaan Negeri Kota Cirebon Dalam Perspektif Hukum Positif Dan Hukum Islam Chelsa Fareza; Leliya Leliya
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 3 No 2 (2025): November 2025
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v3i2.606

Abstract

Embezzlement is an offense against property that originates from the abuse of lawful possession and trust. This study analyzes the handling of embezzlement cases by the Cirebon City District Prosecutor’s Office and compares the offense under Indonesian positive law and Islamic criminal law. It employs empirical legal research with statutory, conceptual, comparative, and institutional approaches. Primary data derive from institutional observation and an interview with a prosecutor, while secondary legal materials include the National Criminal Code, the Criminal Procedure Code, the Prosecutor’s Office Law, classical and contemporary Islamic legal literature, and relevant scholarly works. The data are qualitatively analyzed by examining the elements of the offense, prosecutorial stages, evidentiary requirements, asset recovery, victims’ interests, and the classification of embezzlement in Islamic law. The findings show that embezzlement under Article 486 of Law Number 1 of 2023 requires unlawful appropriation of another person’s property that was already lawfully under the offender’s control, distinguishing it from theft. Prosecutorial handling includes coordination with investigators, review of case files, pre-prosecution, receipt of suspects and evidence, indictment, trial, legal remedies, and execution. In Islamic law, embezzlement is not automatically classified as sariqah subject to hudud because possession was initially obtained without theft. Its characteristics are closer to khiyanah, ghulul, and certain forms of ghasb, making ta'zir the appropriate sanctioning framework. Effective handling should combine legal certainty, proportional punishment, restitution or asset recovery, protection of defendants’ rights, and restoration of victims’ losses.
Pendampingan Penasehan Hukum Terhadap Tersangka Dan Terdakwa Dalam Perkara Korupsi Di IKADIN Cirebon Febia Putri Mulyana; Sugianto Sugianto; Saiful Ansori; Qisthi Fauziyyah Sugianto
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 4 No 1 (2026): Mei 2026
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v4i1.610

Abstract

Legal representation by advocates is essential to protecting the rights of corruption suspects and defendants and ensuring a fair criminal justice process. This study aims to analyze the legal assistance provided by members of the Cirebon branch of the Indonesian Advocates Association (IKADIN) to suspects and defendants in corruption cases and to assess its conformity with the principles of due process of law, the presumption of innocence, and Law Number 20 of 2025 concerning the Indonesian Criminal Procedure Code. This study employs an empirical legal method with a socio-legal approach and a qualitative case study design. Data were collected through semi-structured interviews with IKADIN Cirebon administrators and advocates, along with an examination of ethically accessible case documents, court decisions, and relevant legislation. The data were qualitatively analyzed through data condensation, data presentation, and conclusion drawing by examining the fulfillment of clients’ rights, advocates’ professional actions, organizational support, and obstacles to legal representation. The findings indicate that advocates’ assistance includes explaining clients’ rights, examining the legality of law enforcement measures, accompanying clients during questioning, analyzing indictments and evidence, preparing legal defenses, and advising clients on available legal remedies. Its implementation, however, continues to face challenges arising from the complexity of evidentiary issues in corruption cases, limited specialized competence, restricted access to clients and documents, uncertain financing, and public stigma. Strengthening legal representation requires professional service standards, training on the 2025 Criminal Procedure Code, team-based case management, pro bono services, ethical supervision, and interinstitutional coordination without compromising advocates’ independence.
Pengelolaan Arsip Dokumen Digital Dalam Sistem Informasi Penelusuran Perkara  (SIPP) Di Pengadilan Agama Sumber Dwi Astuti; Asep Saepulloh; Jefik Zulfikar Hafizd
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 3 No 2 (2025): November 2025
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v3i2.611

Abstract

Digital case-file management is essential for efficient, transparent, and accountable judicial administration. This study analyzes the implementation and legal governance of digital case archives through the Case Tracking Information System (SIPP) at the Sumber Religious Court. It employs empirical legal research with statutory, conceptual, and institutional approaches. Primary data derive from institutional observation and an interview with an archival staff member, while secondary materials consist of legislation, archival regulations, Supreme Court guidelines, SIPP manuals, and scholarly literature on electronic records and judicial administration. The data are qualitatively analyzed through five dimensions: authenticity and integrity, accessibility and retrievability, security and confidentiality, institutional capacity, and continuity of records management. The findings show that SIPP improves the speed of retrieval, supports case monitoring, reduces dependence on physical storage, and strengthens public access to procedural information. Nevertheless, implementation still faces unstable internet connections, server limitations, inconsistent document formats, software errors, uneven staff competence, resistance to digital work patterns, and the absence of sufficiently detailed internal procedures. From a legal perspective, SIPP data must be managed as electronic archives under Law Number 43 of 2009, Government Regulation Number 28 of 2012, and National Archives Regulation Number 6 of 2021. Effective management requires clear standard operating procedures, role-based access, metadata consistency, backup and disaster recovery, periodic audit, staff training, and integration between electronic records and original case files.
Implikasi Mutasi dan Rotasi Kerja Terhadap Kinerja Dan Kepuasan ASN Di Lingkungan Sekretariat MPR RI Moh Fajar Siddiq; Kusdiyana Kusdiyana; Theguh Saumantri; Gumilar Irfanullah
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 3 No 2 (2025): November 2025
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v3i2.612

Abstract

Job transfers and rotations are instruments of civil service management used to meet organizational needs, develop competencies, and sustain performance. However, such policies may generate dissatisfaction when they are perceived as punishment, mismatch employees’ competencies, or are implemented without transparent procedures. This study analyzes the implementation of job transfers and rotations and their implications for civil servants’ performance and job satisfaction at the Secretariat General of the People’s Consultative Assembly of the Republic of Indonesia. It employs a qualitative empirical case-study approach. Data were collected through observation, interviews with officials and staff in the human resources unit, and analysis of personnel documents and relevant regulations. The data were examined through condensation, presentation, and conclusion drawing using the merit system, work design, and organizational justice as analytical frameworks. The findings show that transfers and rotations are used to align competencies with positions, fill organizational needs, broaden work experience, and reduce monotony. These policies can improve adaptability, cross-unit knowledge, and performance, but may reduce job satisfaction when the reasons for reassignment, selection criteria, and transition support are not adequately communicated. Their effectiveness therefore depends on competency fit, procedural transparency, employee readiness, and post-placement evaluation. This study proposes a four-stage implementation framework consisting of merit-based planning, transparent decisions, transition support, and outcome evaluation.
Kedudukan Kejaksaan Sebagai Pelaksana Kekuasaan Negara Di Bidnag Penuntutan Dalam Struktur Ketatanegaraan Indonesia Winda Hamidah; Leliya Leliya; Mabruri Andatu
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 4 No 1 (2026): Mei 2026
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v4i1.613

Abstract

The Prosecutor’s Office occupies a distinctive position as a government institution exercising state authority in prosecution while performing functions related to judicial power. This institutional arrangement raises questions concerning prosecutorial independence and accountability within Indonesia’s constitutional structure. This study examines the constitutional position of the Prosecutor’s Office, the adequacy of safeguards for prosecutorial independence, and an appropriate accountability model following the amendment to the Prosecutor’s Office Law, Constitutional Court Decision Number 6/PUU-XXII/2024, and the enactment of the 2025 Criminal Procedure Code. It employs normative legal research using statutory, conceptual, historical, case, and comparative approaches. Legal materials were qualitatively analyzed through grammatical, systematic, historical, and teleological interpretation. The findings demonstrate that Law Number 11 of 2021 strengthened the institutional basis for the independent exercise of prosecutorial functions, while the Constitutional Court decision reinforced the political neutrality required of the Attorney General. The 2025 Criminal Procedure Code further strengthens the public prosecutor’s role as the controller of criminal proceedings under the principle of dominus litis. Nevertheless, prosecutorial independence remains affected by the appointment and dismissal of the Attorney General, hierarchical instructions, career management, conflicts of interest, and organizational culture. The study concludes that the most realistic model is to retain the Prosecutor’s Office as a government institution while strengthening its functional independence through transparent instructions, a merit-based career system, publicly accountable prosecution guidelines, and multilayered oversight.
Penerapan Sistem Informasi Penelusuran Perkara (Sipp) Sebagai   Sarana Kontrol Dalam Penanganan Berkas Perkara Di Kepaniteraan Muda Pengadilan Negeri Cirebon Kelas 1B Siti Hawa; Mohamad Rana
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 4 No 1 (2026): Mei 2026
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v4i1.614

Abstract

The digitalization of case administration is essential to establishing simple, prompt, transparent, and accountable judicial services. This study aims to analyze the implementation and effectiveness of the Case Tracking Information System (SIPP) as an instrument for controlling case administration at the Cirebon District Court Class IB and to identify the constraints affecting its implementation. The study employs an empirical legal method with a socio-legal approach and a qualitative case study design. Data were collected through direct observation, semi-structured interviews with court personnel involved in using and supervising SIPP, and a review of legislation, Supreme Court policies, administrative documents, and previous studies. The data were interactively analyzed through condensation, categorization, presentation, triangulation, and conclusion drawing. The findings indicate that SIPP supports the integrated recording, updating, tracking, and monitoring of case administration. Its effectiveness is reflected in improved timeliness, completeness, accuracy, traceability, and transparency of case data. Nevertheless, its implementation remains affected by differences in users’ technological competence, workload, network stability, hardware conditions, technical disruptions, and inconsistencies between digital information and source documents. The study concludes that SIPP’s effectiveness depends on the integration of a reliable system, competent users, clearly assigned responsibilities, systematic data verification, adequate technical support, and continuous administrative monitoring.
ANALISIS TUGAS BAGIAN KESEJAHTERAAN RAKYAT SEKRETARIAT DAERAH KABUPATEN MAJALENGKA Dea Qotrunnada Munawaroh; Akhmad Nadirin; Am’mar Abdullah Arfan
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 4 No 1 (2026): Mei 2026
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v4i1.615

Abstract

The People’s Welfare Section of the Regional Secretariat holds a strategic position in supporting policy formulation, inter-agency coordination, program facilitation, and the monitoring and evaluation of public welfare policies. This study examines the implementation of duties performed by the People’s Welfare Section of the Majalengka Regency Regional Secretariat and assesses the support provided by human resources and administrative technology. The study employed a descriptive qualitative approach with an organizational case study design. Data were collected through observation, semi-structured interviews, and document analysis conducted in September 2024 and were analyzed through data condensation, data display, and conclusion drawing. The findings indicate that the People’s Welfare Section has performed functions related to policy preparation, coordination, facilitation, administration, monitoring, and evaluation. Its institutional position is primarily supportive and coordinative rather than that of a direct technical implementer of education, health, social welfare, or public assistance programs. The section is supported by ten employees, comprising five civil servants and five non-civil-service personnel. However, the adequacy of staffing and task distribution still requires systematic job and workload analysis. Technological support has begun to be developed through a web-based administrative system, but its effectiveness cannot yet be established because the system remains under development. Organizational strengthening should therefore focus on task arrangement, staff competency development, procedural standardization, and the integration of technology into existing work processes.
Peran Lapas Kelas 1 Cirebon Dalam Pemberdayaan dan Penanaman Nilai-Nilai Kepada Warga Binaan Pemasyarakatan Dede Hilda Aulia Fadhilah; Samsudin Samsudin
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 4 No 1 (2026): Mei 2026
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v4i1.616

Abstract

The Correctional System places rehabilitation programs as an instrument for improving inmates’ personal qualities and self-reliance while preparing them for social reintegration. This study examines the implementation of personality and self-reliance development programs, their contribution to empowerment and value internalization, and the constraints affecting their implementation at the Cirebon Class I Correctional Institution. It employs an empirical legal method with a socio-legal approach and a qualitative case study design. Data were collected through observation, semi-structured interviews with correctional officers, instructors, program partners, and inmates, and a review of legislation, activity reports, and relevant literature. The data were analyzed through condensation, coding, categorization, triangulation, and conclusion drawing. The findings indicate that personality development is implemented through religious, civic, educational, artistic, sports, and psychosocial activities. Self-reliance development is conducted through vocational training, handicrafts, garment production, weaving, agriculture, and cultivation programs. These activities contribute to improving skills, discipline, responsibility, cooperation, self-confidence, and readiness for social reintegration. Nevertheless, their implementation is still affected by limited technical personnel, facilities, program continuity, certification, institutional partnerships, and outcome evaluation. The study concludes that rehabilitation should move beyond an activity-based approach toward programs based on individual needs, measurable outcomes, human rights protection, and sustainable post-release support.
Analisis Penyalahgunaan Obat Tramadol Pada Kalangan Remaja Valya Ulitamanda; Edy Setyawan
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 3 No 2 (2025): November 2025
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v3i2.618

Abstract

Tramadol is a prescription opioid analgesic with legitimate medical uses but a significant potential for misuse, dependence, intoxication, and harmful interactions when consumed without medical supervision. This study analyzes the risk factors, health and psychosocial impacts, and legal framework governing tramadol misuse among adolescents in Indonesia. It employs normative legal research combined with a literature-review approach using statutory, conceptual, and socio-legal perspectives. Primary legal materials include Law Number 17 of 2023 on Health, the Indonesian Food and Drug Authority regulations on frequently misused medicines, and relevant pharmaceutical-control provisions. Secondary materials consist of scholarly books and journal articles on adolescent deviance, family counseling, peer influence, psychological consequences, and tramadol misuse. The materials are qualitatively analyzed through classification, comparison, and legal interpretation. The findings show that adolescent tramadol misuse is driven by peer pressure, easy access, curiosity, family conflict, stress, weak supervision, and the normalization of drug use within deviant subcultures. Its effects may include dependence, mood changes, impaired judgment, aggression, school disengagement, social isolation, and serious physical risks. Legally, tramadol is not automatically classified as a narcotic under the Narcotics Law; it is regulated as a prescription medicine and as a frequently misused medicine requiring strict pharmaceutical control. Therefore, users cannot simply be charged under narcotics provisions solely because they possess or consume tramadol. Criminal liability primarily concerns unlawful production, distribution, sale, or circulation of pharmaceutical products, while adolescents who misuse tramadol require health-oriented, child-protection, counseling, family, and restorative interventions. Effective policy must combine supply control, pharmacy supervision, online-market enforcement, school-based prevention, family counseling, and accessible treatment services.
SMART GOVERNANCE SEBAGAI PILAR UTAMA KOTA CERDAS: ANALISIS PROGRAM CIREBON JEH (JARINGAN EDUKASI HUKUM) Fetty Zelia Fitriani; Akhmad Khalimy; Jefik Zulfikar Hafizd
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 4 No 1 (2026): Mei 2026
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v4i1.619

Abstract

Digital transformation in local government requires legal information services that are transparent, accurate, accessible, and responsive to public needs. This study examines the position and implementation of the Cirebon JEH program within smart governance in Cirebon City and identifies its constraints and optimization strategies. It employs empirical legal research using a socio-legal approach and a qualitative case study design. Data were collected through observation, in-depth interviews with officials from the Legal Division of the Regional Secretariat and the Cirebon City Office of Communication, Informatics, and Statistics, and a review of legislation, policy documents, the Legal Documentation and Information Network, and program publications. The findings indicate that Cirebon JEH functions as a legal service ecosystem comprising JDIH, legal product dissemination, and the development of an Integrated Policy Formulation Coordination System. The program supports information disclosure, service efficiency, bureaucratic coordination, and the dissemination of local legal products. Nevertheless, its implementation remains stronger in one-way transparency than in meaningful public participation. Other constraints include an unclear program identity, limited information technology competence, inconsistent digital document quality, coordination problems, insufficient operational guidelines, and weak user-based evaluation. The study concludes that Cirebon JEH contributes to smart governance but requires institutional integration, information quality control, capacity building, and participatory channels with traceable government responses.

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