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Fakultas Hukum Universitas Wiraraja Jalan Raya Sumenep Pamekasan KM. 5 Patean Sumenep 69451
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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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TINJAUAN TENTANG KESADARAN HUKUM LALU LINTAS PADA SISWA SEKOLAH DI SEMARANG Ayuningtyas, Desty Tri; Arsanti, Meilan

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i2.4198

Abstract

The aim of this research is to find out a picture of awareness of traffic laws among school students in Semarang. This article was prepared using descriptive research with empirical data collection methods through interviews with Semarang Police, Kendal Police and observations carried out at SMKN 05 Kendal as well as normatively with a literature review of primary legal materials and secondary legal materials. The data that has been collected is analyzed using a legal sociological perspective. Even though students have positive legal awareness, there is still negative legal awareness. Regarding this legal awareness, the Semarang Police have carried out outreach efforts through raids but it is less popular with students. Other efforts include personal approaches to students who commit traffic violations and also providing guidance regarding traffic order to the community. So other efforts are still needed to increase not only knowledge and understanding regarding existing rules but also improve students' viewing and acceptance of the law so that they can then develop a good attitude towards the law and behavior that obeys the existing law.
ANALISIS FAKTOR-FAKTOR YANG MEMPENGARUHI PEMBERIAN IZIN KERJA KEPADA PARA TKA DI TAMBANG KOTA KENDARI (STUDI PADA KANTOR IMIGRASI KELAS I TPI KENDARI) Maharani, Fauziah Dwi; Rijal, Najamuddin Khairur; Zahidi, M. Syaprin

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i2.4199

Abstract

This writing aims to determine the factors in granting work permits to foreign workers. The definition of foreign workers is non-Indonesian citizens who come to work in Indonesia with the aim of achieving a prosperous life. The influx of foreign workers will certainly have both positive and negative impacts on the economy and social life in Indonesia. The provision of RPTKA or work permit documents for foreign workers is issued by the Indonesian Ministry of Manpower and Transmigration which will then be ratified by local officials. Realism theory is used to explain the foreign policy that Indonesia will carry out in the process of bringing in foreign workers. In theory, it prioritizes the concept of a country's interests. This research is a qualitative descriptive research using data collection methods in the form of documentation studies. In this research it can be concluded that the factors for granting work permits to foreign workers have been regulated in the regulations of Law No. 13 of 2003 concerning Manpower which will then be issued by the Ministry of Manpower and Transmigration and will be ratified by local regional officials.
PENERAPAN ASAS EQUALITY BEFORE THE LAW BERDASARKAN KEADILAN RESTORATIF TERHADAP PUTUSAN HAKIM DALAM MENGADILI Adi Partha, Putu Gde Nuraharja; Anggono, Bayu Dwi; Tanuwijaya, Fanny

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i2.4200

Abstract

The principle of equality before the law, as an integral part of the rule of law doctrine that is often applied by developing countries such as Indonesia, is an important key in creating justice, especially in the context of implementing restorative justice in law enforcement in certain cases. Although this concept does not eliminate criminal sanctions, the importance of restoring losses and reconciliation between perpetrators and victims is the main focus in determining the appropriate punishment, which is in line with the principle of the principle of equality before the law. The results of the study are that the principle of equality before the law is used as a reference for standardization in the paradigm of restorative justice law against the judge's decision trying the defendant Galan Julianda Bin Z Bulungan, it is seen that the judge used the teachings of restorative justice as a guideline in sentencing the defendant. The teachings of restorative justice are seen as restoring the relationship between the perpetrator and the victim, as well as an act of atonement by the perpetrator of the crime. The principle of equality before the law as one of the principles in law that is important in implementing the Galan Julianda Bin Z Bulungan Case, the construction of restorative justice in the judge's decision is a significant change in the paradigm of criminal law.
PERAN UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES TENTANG PENGUNGSI LUAR NEGERI DI INDONESIA Safitri, Dwi Rani; Zeinudin, Moh.; Anita, Anita; Sugiarti, Yayuk

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i2.4214

Abstract

Refugees are individuals or more who are forced to leave their home country due to circumstances that may lead to torture and so on. Indonesia did not participate in ratifying the 1951 convention and the 1967 Protocol. The Indonesian government cooperates with international institutions and international organizations UNHCR (United Nations High Commissioner for Refugees) is a global organization under the United Nations High Commissioner for Refugees, with its headquarters located in Geneva, Switzerland. On December 14, 1950, this organization was established with the aim of protecting and assisting refugees at the request of the government or the UN, and then assisting the refugees in the process of relocating to a new location.
EVALUASI PENERAPAN DIVERSI DAN RESTORATIF JUSTICE 12 TAHUN BERLAKUNYA UU SPPA Saraswati, Rika; E Simandjuntak, Marcella; Soerjowinoto, Petrus; Boputra, Emanuel; M.K. Wijaya, Emilia

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4215

Abstract

Restorative justice with a diversion approach has been initiated since 2012 following the promulgation of the Juvenile Criminal Justice System Law. After twelve years of this system being implemented how far has it been implemented, 2) what does the law apparatus encounter the obstacles? This research falls into the realm of qualitative research. The research location was determined at the Semarang District Court, Semarang Prosecutor's Office, Bapas, Semarang City Regional Police. Qualitative research is written on the base of primary data and secondary data. Primary data was obtained through interviews with informants and respondents. The study has demonstrated that the application of diversion and restorative justice in resolving juvenile criminal cases is based on Law Number 11 of 2012 concerning the Criminal Justice System and other regulations issued by law enforcement agencies. Diversion is generally carried out using restorative meetings (restorative conferencing). Factors that become obstacles are legal regulations that do not fully and clearly regulate restorative justice and diversion, law enforcement officers who do not understand children's rights, lack of understanding from families and communities, and lack of facilities and infrastructure to support the Juvenile Criminal Justice System Law. The implementation of diversion and restorative justice must be based on the principles of the child's rights.
PERLINDUNGAN HUKUM HAK-HAK PEJALAN KAKI TERHADAP PENYALAHGUNAAN TROTOAR Putri, Ayuning Tyas Azis; Zeinudin, Moh.

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4216

Abstract

In Indonesia, the government has made facilities easier for pedestrians by installing sidewalks. Sidewalks are pedestrian facilities that are parallel to car traffic lanes but are elevated above the surface of the sidewalk due to the layer on the road. The aims of this research are: 1) To determine the legal protection of pedestrians' rights against misuse of sidewalks. 2) To determine the application of sanctions to misuse of sidewalk functions. This research methodology uses normative juridical which includes primary, secondary and tertiary legal materials. The results of the research show that The sidewalk is the right of road users. This is regulated in Article 131 paragraph (1) UULAJ. and there are rules for the use of sidewalks and road user facilities that must be taken into account include Zebra crossings, pedestrian bridges, tunnel crossings and Pelican crossings. Sanctions that can be imposed for misuse of sidewalks are regulated in article 274 paragraph (2) and article 275 paragraph (1 ) UULAJ.
PENERAPAN TEORI FUNGSI HUKUM ROSCOE POUND: SOCIAL ENGINEERING DI INDONESIA Sa'bana, Sofia Mubarokah; Navlia, Rusdiana

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4217

Abstract

The concept of social engineering which is the main idea of ​​Pound's law, emerged as a response to the unresponsiveness of the theory of legal positivism and the common law approach to social change. law as a tool of social engineering and social control which means that law is a tool of renewal in society. In this case, law is expected to play a role in changing social values ​​in society. The important objectives of this study are, 1) The Function of Law as a Tool of Social Engineering, 2) Application of social engineering theory in Indonesia. The research method used is library research. The data sources used come from various references such as legislation, legal provisions, court decisions, books and articles related to Roscoe Pound's theory of legal functions. Data analysis is carried out descriptively analytically. The results of data tracing using this method, researchers collect data that will be used in reviewing and completing all parts of the data in the research being analyzed. Then mark the important data and record it, then select it according to the needs and those related to this research. After the data is collected, the approach used in analyzing the various problems needed is a legal approach, namely by grouping and reviewing data in the form of Roscoe's social engineering legal function theory applied in several laws and regulations in Indonesia. The results of this study are that law as a tool for social engineering as has been applied in Indonesia has actually accommodated the interests of the community itself, this can be seen from the various laws and regulations that have been made. The use of law as social engineering can be achieved through laws and regulations and also court decisions.
ANOMALI PENGATURAN DIMENSI KENDARAAN BERMOTOR Ibadhillah, Dwi; Sjaifurrachman, Sjaifurrachman; Fithry, Abshoril

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4218

Abstract

Norm Conflict is a situation where a norm has been made but contradicts or is not in accordance with other legal norms. In the legal system, norm conflict is a situation where in one regulatory object there are two conflicting norms so that against the regulatory object, only one of the norms can be applied with the consequence that the other norm must be ruled out. The purpose of this research is to clearly know the legal consequences of the anomaly in the regulation of the dimensions of motorized vehicles and to clearly know the resolution of the anomaly in the regulation of the dimensions of motorized vehicles. The type of research used in this research is normative juridical research. As for the results of this study, anomalies in the regulation of the dimensions of motorized the provision of administrative sanctions and criminal sanctions, and the settlement of anomalies in the dimensions of motorized vehicles can be resolved using 3 principles, namely: The principle of lex superior derogat legi inferiori, the principle of lex posterior derogat legi priori, and the principle of lex specialis derogat legi generali, Of the three principles mentioned above, the most suitable for the problem is to solve it with the principle of lex superior derogate lex inferior because this principle means that higher rules override lower rules and are the authority of the Supreme Court.
EPISTEMOLOGI NAFKAH IDDAH BAGI MANTAN ISTRI NUSYUZ (STUDI PADA PUTUSAN NO. 117/Pdt.G/2013/PA.PMK) Sa’bana, Sofia Mubarokah

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4219

Abstract

In living a household life is not far from various problems, sometimes problems can be resolved in a good way, but it can also lead to divorce. Such as the cause of the wife's actions towards her husband, such as disobedience, leaving the house without the husband's permission and this is an act of nusyuz, which, if a wife commits nusyuz then her iddah maintenance is void, however as the author found in one of the Pamekasan Religious Court Decisions No. 117 / Pdt.G / 2013 / PA.Pmk that a wife who commits nusyuz still gets her iddah maintenance. This article explains the epistemological analysis related to methodological issues (sources and legal methods) in legal considerations by judges so that they arrive at decision No. 117 / Pdt.G / 2013 / PA.Pmk with two focuses of discussion. First, what are the legal considerations by the Pamekasan Religious Court Panel of Judges? Second, what is the method of legal discovery used by the Pamekasan Religious Court Panel of Judges. This research is included in normative legal research with a case approach that uses a normative legal analysis method. Primary data sources were obtained from Decision No. 117/Pdt.G/2013/PA.Pmk, secondary data sources from books, journals, articles. The data collection method used document study. Data analysis used by researchers using content analysis. Research results; (1) Legal considerations of the Pamekasan PA Panel of Judges in Decision No. 117/Pdt.G/2013/PA.Pmk are based on the verses of the Qur'an, Law No. 1 concerning Marriage, KHI and the Jurisprudence of the Supreme Court of the Republic of Indonesia Number. 137K/AG/2007. (2) Legal Discovery Method Used by Judges in Decision No. 117/Pdt. G/2013/PA.Pmk Concerning Iddah Maintenance for Former Wives Nusyuz is a method of systematic interpretation and legal reasoning through other legal sources, in this case the Jurisprudence of the Supreme Court of the Republic of Indonesia Number. 137K/AG/2007.
HAK WARIS ANAK DILUAR NIKAH PERSFEKTIF HUKUM ISLAM DAN PERDATA Pratama, Widhy Andrian; Yuliani, Adis Nevi; Pusvita, Djulya Eka; Murdiono, Murdiono

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4220

Abstract

An illegitimate child refers to a child born from a relationship outside of a legal marriage at a certain time. The status and position of the child are highly dependent on the legality of the marriage of his parents. Based on National Law, a marriage is considered valid if it is registered by an authorized institution or agency. A child born out of wedlock only has a legal relationship with his mother and is entitled to inherit property from the mother's side. If the child's blood relationship with his biological father is severed, then the child's inheritance rights only apply to the mother's family, and not to the biological father's family. Therefore, an illegitimate child is not entitled to receive an inheritance from his biological father. However, this provision only applies in terms of the distribution of inheritance to illegitimate children. The recipient of the inheritance is an individual who has legal inheritance rights, such as Zawil Khurd and Zawir Alham. This article adopts a normative research approach, which utilizes literature and books as sources to analyze doctrine from a normative perspective. In the study of normative law, the main focus lies on understanding the essence and scope of law as a system that studies reality. This discipline involves two aspects, namely analytical and normative, with law included in this category. It can be concluded that illegitimate children have the right to inherit together with heirs from groups I, II, III, or IV, and can receive inheritances even though they come from groups with different degrees. However, in certain situations, if heirs from groups I to IV do not leave descendants and there are only illegitimate children, then the legitimate illegitimate children are recognized as heirs who have the right to receive all inheritance, in accordance with the provisions of Article 865 of the Civil Code. In marriage law, the legal status of illegitimate children is regulated by Law Number 1 of 1974, specifically Article 43 paragraph (1), which states that illegitimate children only have a civil relationship with their mother and family. Therefore, illegitimate children are only legally bound to their mother and family, without any legal relationship with the father who raised them.

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