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Francisca Romana Harjiyatni
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Kajian Hukum
Published by Universitas Janabadra
ISSN : -     EISSN : 25275690     DOI : https://doi.org/10.37159
Core Subject :
Kajian Hukum is a peer-reviewed scientific journal dedicated to publishing high-quality research articles, conceptual papers, and case studies in the field of law. The journal provides a forum for academics, researchers, legal practitioners, policymakers, and students to disseminate original ideas and critical analyses on contemporary legal issues at the national, regional, and international levels. The journal welcomes interdisciplinary and comparative legal studies that contribute to the development of legal science, legal reform, justice, governance, and public policy. Submitted manuscripts should demonstrate originality, scientific rigor, and relevance to current legal challenges. Kajian Hukum discusses topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in: - Civil Law - Criminal Law - Civil Procedural Law - Criminal Procedure Law - Commercial Law - Constitutional Law - International Law - State Administrative Law - Adat Law - Islamic Law - Agrarian Law - Environmental Law
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Articles 51 Documents
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Perlindungan Hukum Kepailitan Perusahaan Solvable di Indonesia Devi Andani
Kajian Hukum Vol. 7 No. 1 (2022): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2022kh.v7.i1.2

Abstract

Abstract This study aims to determine the legal protection for bankruptcy of solvable companies in Indonesia. The method used is qualitative by following the typology of normative legal research, data is collected by means of literature studies and documents written descriptively and analyzed qualitatively. The results of this study indicate that bankruptcy decisions can occur in solvable companies, if the party applying for a bankruptcy statement has fulfilled the requirements, namely, there are debtors, there are two or more creditors, there is debt, and at least one debt has fallen due and can be paid off. billed. Meanwhile, legal protection for solvable companies that are declared bankrupt is not regulated in Law Number 37 of 2004. According to this law, if the company has been declared bankrupt, then the company is no longer capable of carrying out legal actions and general confiscation is carried out on all company assets even though the company is concerned are included in solvable companies. In the future, the Indonesian Bankruptcy Law must be designed to protect solvable companies by providing arrangements regarding company reorganization as a way to save companies from bankruptcy, providing more detailed requirements so that certain parties can apply for bankruptcy statements, and providing legal protection for solvable companies against bankruptcy. bankruptcy threat.
EXTRADITION BY THE INDONESIAN NATIONAL POLICE OF PERPETRATORS OF CORRUPTION FROM INDONESIA, BASED ON THE LEGAL PROVISIONS OF THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (ICPO-INTERPOL) Bajang Barokhatul Kholisoh; Suswoto
Kajian Hukum Vol. 7 No. 1 (2022): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2022kh.v7.i1.3

Abstract

Interpol is an organization formed to coordinate cooperation between police in countries around the world. Advances in technology, information, and communication have increased the intensity of transnational crime. The extradition treaty has an important role in preventing and overcoming perpetrators of international crimes, especially perpetrators of corruption who fled from Indonesia to other countries, whether they are still suspects, defendants, or convicts. The formulation of the problem in this study is how the role of the Police in the practice of carrying out the extradition of perpetrators of corruption, legal arrangements in the execution of extradition of perpetrators of corruption committed by the Police based on the Constitution of the ICPO-Interpol, and what factors hinder the Police in carrying out international cooperation in the field of extradition. The result of the discussion of the problems that arise in this research is an international cooperation agreement that has been ratified by the two countries, in which the Indonesian Police submitted a request for extradition as a requesting state to the requested state against the fleeing corruption perpetrator. The state government is requested to process the extradition request accompanied by authentic evidence of the complete identity of the perpetrator. The process of carrying out extradition was hampered due to several factors, one of which was the absence of an extradition agreement by the Government of Indonesia with the government of the requested country, where the perpetrators of corruption fled so that the implementation of extradition was hampered or perhaps even rejected by the requested country.  
PENGATURAN SANKSI PIDANA PENYALAHGUNAAN NARKOBA BAGI ANAK DI BAWAH UMUR Hartanti; Jalu Pangestu; Endah Noor Jati; Anas Miftahul Huda; Viviana Lorossae; Petrus Tahta Anggriawan Putra Semana
Kajian Hukum Vol. 7 No. 1 (2022): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2022kh.v7.i1.4

Abstract

Children are part  a nation  for the next generation. Children have the right to get protection from various types of threats that endanger them, including the practice of drug abuse. Drugs are substances or drugs,  from plants and other, which are made periodically in the process of synthesis and non-synthesis, which in their use can cause effects such as decreased consciousness, loss of taste, and can cause users  experience dependence. The purpose of this study is to determine the regulations governing the criminal sanctions for drug abuse for minors. This research uses  qualitative method with a statutory approach. The data used is secondary data in the form of data on cases of children in 2019-2021 obtained through documents of the National Narcotics Agency of the Special Region Yogyakarta. Drug abuse involving minors involved the role of children as drug couriers or drug users, aged between 16-17 years. The first suspect was arrested for a criminal act as a methamphetamine courier, while the second and third suspects were arrested for using gorilla tobacco purchased through online trading. The legal basis for sanctions for narcotics abuse is regulated in Law No. 35 of 2009 and Law No. 11 of 2012.  
PENERAPAN HUKUM PIDANA DALAM KEJAHATAN SKIMMING Dyah Ayuworo Sukenti
Kajian Hukum Vol. 7 No. 1 (2022): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2022kh.v7.i1.5

Abstract

Along with the times, there are more and more ways that skimming criminals do in committing crimes. Increased security that is always being improved cannot be a barrier. The law governing the crime of skimming is still very general, there is no strong explanation that describes the process of skimming events occurring. There are no articles that regulate the number of crimes caused by skimming. As with the laws in the states of the United States, which have clearly regulated both the process of skimming crimes and crimes in the development of skimming crimes, for example buying and selling data obtained from skimming to buying and selling duplicate debit or credit cards that can withdraw the victim's money from the personal data obtained. The need for change is very far behind in the regulation of technological crimes.
KAJIAN YURIDIS TERHADAP PENERAPAN SANKSI PIDANA DALAM PERKARA KORUPSI Nomor 29/Pid.Sus-TPK/2021/PN.JKT.PST Rendradi Suprihandoko
Kajian Hukum Vol. 7 No. 1 (2022): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2022kh.v7.i1.6

Abstract

By looking at the current conditions and practice of law enforcement of corruption in Indonesia, the formulation of the problem can be formulated as follows: 1] How are Criminal Sanctions Arranged according to Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption (UUPTPK). in Indonesia ? 2]. How is the application of criminal sanctions in Case Number 29/Pid.Sus TPK/2021/PN.JKT.PST? 3]. What are the solutions or solutions so that the implementation of the criminal sanctions system can be more effective? The research method used is normative juridical, namely by looking at the products of applicable legislation and juxtaposing it with law enforcement practices that already have permanent legal force. Thus, it will be easier for the author to answer the formulation of the problem in this paper. From the author's observation, there are not many corruption cases that can be charged with the death penalty. Even if there is such a case and it fulfills the formulation of the offense according to the public's view, the Prosecutor will not necessarily demand and the Judge impose a death penalty against the defendant. As an example of the corruption case of the Social Assistance Fund at the Ministry of Social Affairs in Jakarta with the defendant JPB, according to the author, it complies with Article 2 paragraph 1 and paragraph 2 of the UUPTPK. But the facts say otherwise, the defendants were only prosecuted, tried and sentenced to imprisonment and other additional penalties according to Article 12 letters b and 18 of the PTPK Law. The 3 {three} Articles should be applied as the legal basis. 
PEDOMAN PEMIDANAAN DALAM KONTEKS PEMBAHARUAN HUKUM PIDANA INDONESIA DIMASA MENDATANG Dwi Okta Ariyanti; Muhammad Ramadhan
Kajian Hukum Vol. 7 No. 1 (2022): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2022kh.v7.i1.7

Abstract

Abstract Criminal law reform, in this case relates to the reorientation of the purpose of punishment. It is important to see what the goals and achievements are to be expected from a reform process in criminal law. This study aims to analyze the policy formulation of criminal law guidelines in Indonesia as well as to analyze sentencing guidelines in the context of reforming Indonesian criminal law in the future. This research was conducted using a normative juridical approach, which is an approach based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. This approach is also known as the library approach, namely by studying books, laws and regulations and other documents related to this research. Sentencing guidelines are basic provisions that provide direction, which determine the imposition of a criminal, this is a guide for judges in implementing and imposing a sentence. Because these guidelines are basic guidelines, they are part of legislative policy
CORRUPTION: NOT A TABOO FOR INDONESIANS? Ahmad Syauki; Muhammad Iqbal Fasa; Suharto; Adib Fachri
Kajian Hukum Vol. 7 No. 1 (2022): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2022kh.v7.i1.8

Abstract

The problem of corruption has never been separated from human life from ancient times until now. Corruption is a social disease that will cause an opium effect for the perpetrators. In addition to harming the country, corruption is also self-defeating because if someone is already entangled in corrupt behavior, he will continue to do so until one day his actions are known to the authorities. The author wants to open people's minds about corruption and corrupt behavior so that it is hoped that it will make readers aware that corruption is not a behavior that should be proud of. Data shows that corruption cases in Indonesia are dominantly increasing every year and this is not good news. The data also shows that from 2004-2018 only a handful of corruption cases in Indonesia were able to reach the courts, this means that the Corruption Eradication Commission (KPK) seems overwhelmed in handling these cases. Apart from repressive measures, preventive measures such as early anti-corruption education must also be taken to break this vicious circle. This work is using normative juridical method through a rule of law, case, and conceptual approach. Keywords: Corruption, Law, Human Character, Corruptive Behavior, Indonesia.
Tindak Lanjut Penuntasan Kasus Korupsi Mendiang Presiden Soeharto dalam Rangka Mewujudkan Cita-Cita Reformasi Sri Handayani Retna Wardhani; Nita Ariyani; Paryadi
Kajian Hukum Vol. 7 No. 1 (2022): Mei
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2022kh.v7.i1.9

Abstract

Abstract Follow-up to the Completion of the Corruption Case involving the late President Suharto has only managed to handle the Supersemar Foundation but has not touched 6 other foundations or been sued by the state to be held accountable for the management of state assets and funds which began during “Orde Baru” era. Meanwhile, many legal cases related to gross human rights violations have not been tried until today. This study aims to analyze the follow-up to the completion of the corruption case involving the late President Soeharto and the juridical steps that must be taken in solving the corruption case. The researcher uses a normative type of research using a legal approach and an analytical approach. effective steps related to accountability as well as allegations of misappropriation of state-owned funds and/or assets causing state losses related to the corruption case.
KEKUATAN HUKUM HASIL TES DEOXYRIBONUCLEIC ACID (DNA) TERHADAP STATUS ANAK DILUAR NIKAH YANG TIDAK DIAKUI OLEH AYAH BIOLOGISNYA DALAM PERSPEKTIF HUKUM PERDATA Maria Goreti Beto Tapobali
Kajian Hukum Vol. 6 No. 2 (2021): November
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2021kh.v6.i2.10

Abstract

Marriage is an important event that occurs in human life and is considered a sacred event and therefore relies heavily on religious elements in its continuity. Religiosity in marriage is reflected in Law Number 1 of 1974 concerning Marriage. According to Article 57 of Law Number 1 of 1974 concerning Marriage (Marriage Law), what is meant by mixed marriage in this law is marriage between two people who in Indonesia are subject to different laws, due to differences in citizenship and one of the parties is an Indonesian citizen. However, in the event that the mixed marriage which is held abroad can be declared valid according to Indonesian law, within 1 (one) year after the husband and wife return to the territory of Indonesia, their marriage certificate must be registered at the Civil Registry Office where they live. as in the provisions of Article 56 paragraph 2 of the Marriage Law. This paper mainly discuss about the complexity and cause of mixed marriage in Indonesia
TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH ANGGOTA KEPOLISIAN REPUBLIK INDONESIA Akmal Muhammad Rizqia Rahman
Kajian Hukum Vol. 6 No. 2 (2021): November
Publisher : Fakultas Hukum Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37159/2021kh.v6.i2.11

Abstract

Drug abuse is a very worrying crime in various parts of the world, including Indonesia. Narcotics abuse is a transnational crime (transnational crime), organized crime, and serious crime that can affect various levels of society. The government's steps through the National Narcotics Agency need to be supported by legal regulations related to narcotics abuse which need to be enforced by law enforcement officers or commonly called law enforcement officers. If there is a criminal act of narcotics abuse, the ones who follow up on the crime are law enforcement officers, namely the Police, Prosecutors, Judges. This research is a normative or doctrinal legal research. The data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. This paper concludes that the process of enforcing the code of ethics for the police profession against members of the police who are caught in a criminal case of narcotics abuse will be examined and if proven, they will be subject to sanctions. The imposition of disciplinary sanctions and sanctions for violations of the code of ethics does not remove criminal charges against the police officers concerned. Police officers who use narcotics will still be prosecuted even though they have undergone disciplinary sanctions and sanctions for violating the code of ethics. Police officers who are suspected of using narcotics and subject to investigation must still be considered innocent until proven through a court decision that has permanent legal force

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