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Fakultas Hukum Universitas Wiraraja Jalan Raya Sumenep Pamekasan KM. 5 Patean Sumenep 69451
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Jawa timur
INDONESIA
Jurnal Jendela Hukum
Published by Universitas Wiraraja Sumenep
ISSN : 23555831     EISSN : 23559934     DOI : https://doi.org/10.24929/fh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL JENDELA HUKUM ini diterbitkan berkala Oleh Fakultas Hukum Universitas Wiraraja Sumenep sebagai media komunikasi dan pengembangan ilmu. Fakultas Hukum menerima naskah tulisan ilmiah berupa hasil penelitian, konseptual, dan telaah buku baru di bidang Hukum. Tulisan yang dimuat merupakan karya asli penulis, bukan mencerminkan pendapat dari pihak Fakultas Hukum. Penulis bertanggung jawab atas tulisannya yang dimuat pada jurnal ini. Fakultas Hukum berhak menerima, menolak, atau mengadakan koreksi tanpa mengubah maksud tulisan. Frekuensi Terbit Setahun 2 kali (April dan September)
Arjuna Subject : Ilmu Sosial - Hukum
Articles 120 Documents
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IMPLEMETASI ASAS OPORTUNITAS DI INDONESIA Setiawan, Dwi Nugroho

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.3496

Abstract

This study aims to find out and analyze the history of the origins of the opportunity principle in Indonesia and also the development of the opportunity principle in Indonesia and also the problems contained in Article 35 letter c of Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, and how to analyze become a consideration in the public interest as the basis for the application of the principle of opportunity by the Attorney General. The research method used in this study uses a qualitative approach to literature study. The data obtained from this research is secondary data, and analyzed qualitatively. The results of this study indicate that the authority to set aside cases in the public interest applies to anyone, while the implementation of dismissal of cases in the public interest can be divided into 2, in which the interests of the nation and state and also the interests of the wider community, if the interests of the nation and state must consist of unity and national and state unity, peace and general welfare, stability of the wheels of government. Meanwhile, for the benefit of the wider community, it must consist of preventing violations of rights, preventing moral decline, social protection and general welfare.
PEMAKNAAN REZIM PEMILU PASCA PUTUSAN MK NOMOR 55/PUUXVII/2019 Savitri, Winny; Andiani, Anisa Dwi; Mukhammad, Aden Fadli

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.3497

Abstract

The legal basis for transferring regional head election dispute resolution is regulated in article 236C of Law no. 12 of 2008 concerning amendments to Law no. 32 of 2004 concerning Regional Government. This is based on the transfer of election status from the Regional Government regime to the Election Regime. The change in status from Pilkada to Election regime has implications for the transfer of authority in resolving disputes from the Supreme Court to the MK. As regulated in article 1 point 4 of Law no. 22 of 2007 concerning General Election Organizers which states that the Election of Regional Heads and Deputy Regional Heads is an election to elect regional heads and deputy regional heads directly in the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. From this statement there is an important question regarding the alleged norm dispute between Law no. 22 of 2007 concerning Election Organizers with the 1945 Constitution, because article 22E paragraph (2) of the 1945 Constitution states that General Elections are held to elect members of the People's Representative Council, Regional Representative Council, President and Vice President, and Regional People's Representative Council. So from these two articles it can be seen that there is an indication of inconsistency in the law makers regarding election terminology as regulated in the 1945 Constitution. In the Constitutional Court decision no. 55/PUU-XVII/2019, the Constitutional Court presented a number of other examples of new simultaneous elections which include regional elections in the simultaneous flow. In the Constitutional Court decision no. 55/PUUXVII/2019 was not included in the election regime because it can be seen from the Constitutional Court Decision No. 48/PUU-XVII/2019 and Constitutional Court Decision No. 55/PUU-XVII/2019 where the Constitutional Court did not respond to the theory of regime segregation initiated by the Constitutional Court in Constitutional Court Decision No. 97/PUU-XI/2013. In Constitutional Court Decision No. 55/PUU-XVII/2019 does not want to be trapped in using the regime separation line of thinking again and instead provides a new idea, namely the simultaneity of elections, namely National Elections and Local Elections (which include Regional Elections).
UPAYA PEMERINTAH DALAM MEMBERANTAS KORUPSI DI INDONESIA Anandya, Shifra Sylvania; Indriani, Melisya; Efritadewi, Ayu; Widiyani, Heni

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.3498

Abstract

Efforts to eradicate corruption in Indonesia have been carried out in various ways, but until now there is still corruption in various ways carried out by various institutions. There are several dangers due to corruption, namely the danger to: society and individuals, the younger generation, politics, the nation's economy and bureaucracy. Corruption can harm society because it can damage justice, hinder development, and weaken trust in public institutions. Prevention and prosecution of corruption is an important focus in many countries to ensure good governance and social justice. In Undang-Undang Number 31 of 1999 concerning the Eradication of Corruption Crimes are classified into: harming state finances, bribery, embezzlement in office, extortion, fraudulent acts, conflicts in procurement, gratification. In order to eradicate corruption, it is necessary to carry out integrated enforcement, namely the existence of international cooperation and harmonious regulations.
PENYELESAIAN PERKARA TINDAK PIDANA KEKERASAN FISIK YANG DILAKUKAN SECARA BERSAMA-BERSAMA MELALUI ASAS KEADILAN RESTORATIF (RESTORATIVE JUSTICE) DI TINGKAT KEPOLISIAN RESORT SUMENEP Amir, Tolak; Fithry, Abshoril

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.3499

Abstract

Restorative Justice is a mechanism for resolving criminal acts by involving perpetrators, victims, families and other related parties. Procedures for resolving criminal acts through the principles of restorative justice at the police level are contained in Police Regulation (Perpol) no 8 of 2021 which has provided qualifications for several requirements and procedures for handling criminal acts based on restorative justice consisting of general and specific requirements with several more detailed requirements consisting of material and formal requirements. In the context of resolving the criminal act of beatings at the Sumenep resort police, where the beating was carried out by a suspected 6 (six) people against the victim Sukki, a resident of Lapa Laok Village, Pasongsongan District, Sumenep Regency, it was deemed formally and materially flawed because the crime of beating up accompanied by kidnapping of the victim This is quite a serious action because it really threatens the victim's life, therefore, the Sumenep Resort Police should continue the case of the criminal act of beating. This research method uses normative research. This writing explains that the formal and material requirements regulated in Article 5 in conjunction with Article 6 of Police Regulation No. 8 of 2021 experience legal ambiguity because minimum standards are not explicitly regulated regarding criminal threats and fines so that the case can be or not to be resolved through the principles of restorative justice and there is disharmony with Article 5 of Prosecutor's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice which explicitly emphasizes criminal acts that carry a penalty of no more than 5 (five) years and the loss suffered by the victim is no more from Rp. 2,500,000.00 (two million five hundred thousand rupiah). Then the case can be set aside or closed by law.
MEKANISME SISTEM PROPORSIONAL TERBUKA PADA PEMILIHAN DEWAN PERWAKILAN RAKYAT DI INDONESIA Abraham, Feri; Sudarmanto, Kukuh; Giyono, Urip

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.3500

Abstract

The aim of this research is to analyze the mechanism of the open proportional system in the General Election of the People's Representative Council in Indonesia by referring to Law Number 7 of 2017 concerning General Elections which regulates the open list Proportional Election System, where this system can give rise to a polemic in the struggle for seats. in a very competitive parliament that has the effect of giving birth to an unhealthy model of competition between candidates that only aims to gain as many votes as possible from voters by relying solely on money and popularity. This research method uses normative juridical in answering the problems in this paper. Meanwhile, the results of the research obtained are that an open Proportional System makes it possible for anyone to nominate themselves as members of the legislature. In this system, a person who gets the most votes can take a seat as a member of the People's Representative Council even though the person concerned is at the bottom of the ballot paper.
KEDUDUKAN HUKUM PANTI ASUHAN SEBAGAI WALI DARI ANAK DIBAWAH UMUR Sari, Hanita; Sjaifurrachman, Sjaifurrachman; Rofiqi, Imam

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.3501

Abstract

The Civil Code does not allow a legal entity to be the guardian of a minor child, but in other provisions in law regulation no. 35 of 2014 concerning child protection allows for the implementation of guardianship by legal entities. So it is necessary to question the legal position of the orphanage as guardian of minors and the responsibility of the orphanage as guardian of the assets of minors. The purpose of writing this thesis is to describe the legal position of orphanages as guardians of minors and to explain the responsibilities of orphanages as guardians of the assets of minors. The research method used in writing this thesis is to use a normative juridical research type which uses legislation such as the Civil Code and the Child Protection Law as the main reference. The research approach used is the statutory approach. The types and sources of law used are primary legal materials and secondary legal materials. The first discussion concerns the position of an orphanage as guardian of a minor when there is a court order that the orphanage has the right to take care of the child's personal care. Next, the second discussion concerns the responsibilities of orphanages in fulfilling their obligations as guardians of the assets of minor children. It can be concluded that when guardianship is implemented in an orphanage without a court order, the orphanage is only carrying out its role as a child social welfare institution. Regarding responsibility for children's assets, there must be special supervision from an institution so that there is minimal chance of guardians misappropriating children's assets.
STATUS NAFKAH BAGI PASANGAN CHILDFREE BERDASARKAN KONSEP TAMKIN DALAM KOMPILASI HUKUM ISLAM Hajar, Ahmad; Fithry, Abshoril

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i2.4194

Abstract

The development of the feminist movement in Indonesia has been quite rapid. One e of the issues brought up by the feminist movement is childfree, namely the voluntary choice not to have children. Regardless of the various motives, this view is very contrary to the condition of social society in Indonesia, where the majority adhere to the Islamic religion, especially if this choice is brought into the realm of marriage. In the Compilation of Islamic Law, one of the mandatory conditions for alimony is tamkin, namely the wife's complete surrender of herself to her husband. Based on these rules, the husband is not obliged to provide alimony to his wife if the wife does not surrender herself completely to her husband. The aim of this research is to explain the alimony status of couples who choose not to have children based on the concept of tamkin in the Compilation of Islamic law. This research uses a normative method with a conceptual and statutory approach. The results obtained are that the alimony status for wives who choose childfree can fall if this choice comes unilaterally from the wife without the husband's approval because there is no perfect tamkin from the wife. If the choice of childfree comes from the husband's side or is agreed upon by the husband and wife, the wife still has the right to alimony.
PERLINDUNGAN KONSUMEN DALAM TRANSAKSI E-COMMERCE PERDAGANGAN INTERNASIONAL TINJAUAN DARI PERSPEKTIF HUKUM PERDATA INTERNASIONAL Tusyadiah, Hafipah; Fitriani, Agnes; Sari, Desi Puspita; Maulana, Irfan

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i2.4195

Abstract

Consumer protection is a term used to describe the legal protection given to consumers in their efforts to meet their needs from things that could harm the consumers themselves.This research explains how consumers act in dealing with problems and also explains how legal protection is for consumers themselves. This research uses normative methods.Using a statutory approach, this research method focuses on analysis of legal norms, regulations, legal documents and legal principles related to consumer protection in international trade transactions. Parties such as consumers and sellers need to pay attention to the legal system of each country where the contract is made, which is adjusted to the rules of international law.
MEKANISME SISTEM PROPORSIONAL TERBUKA PADA PEMILIHAN DEWAN PERWAKILAN RAKYAT DI INDONESIA Abraham, Feri; Sudarmanto, Kukuh

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i2.4196

Abstract

The aim of this research is to analyze the mechanism of the open proportional system in the General Election of the People's Representative Council in Indonesia by referring to Law Number 7 of 2017 concerning General Elections which regulates the open list Proportional Election System, where this system can give rise to a polemic in the struggle for seats. in a very competitive parliament that has the effect of giving birth to an unhealthy model of competition between candidates that only aims to gain as many votes as possible from voters by relying solely on money and popularity. This research method uses normative juridical in answering the problems in this paper. Meanwhile, the results of the research obtained are that an open Proportional System makes it possible for anyone to nominate themselves as members of the legislature. In this system, a person who gets the most votes can take a seat as a member of the People's Representative Council even though the person concerned is at the bottom of the ballot paper.
ANALISIS PERATURAN PEMERINTAH NOMOR 26 TAHUN 2023 SEBAGAI BENTUK PERLINDUNGAN DAN PELESTARIAN EKOSISTEM LAUT Simanjuntak, Patricia Bela

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i2.4197

Abstract

In order to optimize the government's policy as written in Law No. 32/2014 on Maritime Affairs, the Indonesian government established Government Regulation No. 26 of 2023 concerning Management of Marine Sedimentation Results. According to the Coordinating Ministry for Maritime Affairs and Investment, this regulation was established with the aim of solving the problem of sedimentation results in the sea and optimizing its use for the benefit of economic welfare and preservation of the marine environment. The author aims to analyze government policies in supporting the maintenance of the carrying capacity of coastal and marine ecosystems in order to achieve the protection and preservation of Indonesia's nature in context of Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands. There are several problems that cause this policy to be finally established, namely the urgency in handling the life of marine ecosystems related to coral reefs that are covered by sedimentation and deposition results that interfere with the shipping sector. The author will discuss how government regulation No. 26 of 2023 concerning Management of Marine Sedimentation Results can fulfill the urgency that is a concern caused by sedimentation results in the sea. In making this paper, the author uses normative legal research methods. Where in the normative legal research method focuses more on examining the rules, norms and rules in positive law that have a correlation with the problems to be studied. The establishment of a new policy cannot avoid controversy from dissatisfied parties. However, it needs to be realized that this policy is a form of government attention in improving the welfare of the community and preserving marine ecosystems in improving community welfare and preserving marine ecosystems in meeting the needs of the environment and coastal communities.

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