Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
Not a member yet
525 research outputs found
Sort by
Kebijakan Hukum Pengaturan Praktek Santet dalam Hukum Pidana Indonesia
Full text linkThe phenomenon of black magic is still a topic of discussion in Indonesia and is believed to still exist, even though it is regulated in Article 252 of Law No. 1 of 2023 concerning the Criminal Code. However, there are no specific procedural legal regulations governing the crime of black magic, making it difficult to reveal it based on the old Criminal Procedure Code. The research method applied in this study is the legislative approach, with an activity plan that lasts for six months. The scope or object of study in this study is the criminal law policy related to the regulation of black magic practices in Criminal Law in Indonesia. The main legal sources used include primary legal materials such as Law Number 1 of 2023 concerning the Criminal Code, secondary legal materials consisting of books and articles by legal experts and tertiary legal materials used include encyclopedias and other publications relevant to this research. The location of this research is Indonesia so that the data collection technique used is document study, while the analysis technique applied is qualitative analysis. The results of this study are that the current legal policy for regulating black magic practices is that the regulation regarding this matter has been regulated in material law, namely Article 252 of Law Number 1 of 2023 concerning the Criminal Code. Furthermore, the legal policy regarding the regulation of black magic practices in the future requires formal law or procedural law that regulates investigation and inquiry procedures. Thus, this black magic case can be enforced and the perpetrators can be subject to appropriate criminal sanctions
Plurarisme Sanksi Pidana antara Blue Collar Crime dan White Collar Crime dalam Prespektif Keadilan
No full textThis study examines the pluralism of criminal sanctions between blue-collar crime and white-collar crime from a justice perspective, focusing on the disparities in law enforcement in Indonesia. Blue-collar crimes, typically committed by individuals from lower socioeconomic classes, such as theft or violence, often receive harsh penalties like imprisonment. In contrast, white-collar crimes, perpetrated by individuals of higher socioeconomic status, such as corruption or embezzlement, tend to receive lighter sanctions, such as fines or probation. This disparity raises questions about substantive justice and the principle of equality before the law. Employing a normative juridical approach, this study analyzes relevant legislation, including the 1945 Constitution, the Criminal Code, and Law No. 39 of 1999 on Human Rights, alongside case studies such as the Nenek Asyani case, the Bank Century scandal, and the HM tin corruption case. The findings reveal that law enforcement for blue-collar crimes is often swift and retributive, while white-collar crimes are frequently hindered by power dynamics, political connections, and legal impunity, undermining deterrence and social justice. Grounded in Pancasila’s justice theory and punishment theories (absolute, relative, and combined), this study highlights the need for balanced sentencing reforms, prioritizing restorative justice for blue-collar crimes and proportional sanctions for white-collar crimes. It recommends strengthening the independence of law enforcement, implementing mediation for minor cases, and adjusting criminal policies to ensure fair punishment proportional to the crime’s impact. Thus, this study contributes to the discourse on inclusive and responsive criminal justice in addressing social dynamics
Analisis Kritis Money Politics Bahaya terhadap Demokrasi
Full text linkMoney politics has become a recurring issue and has become widespread in society. Money politics can take the form of cash donations and direct assistance, such as the distribution of basic necessities or souvenirs such as t-shirts or headscarves, commonly encountered during compaigns or before elections. The objects of money politics are generally target at lower-middle class citizens. This research aims to build a theoretical and conceptual understanding of money politics and its dangers to democracy. This study uses normative approach through legislation and relevant literature. The result show that money politics has become ingrained in society due to the lack of religious values held by the public and officials, as well as weak oversight of elections organizers. Money politics poses a real threat to democracy and can become a bridge to the emergence of corruption. Therefore serious enforcement of regulations prohibiting money politics is necessary, while still adhering to the values contained in Pancasila, while Indonesian law is fundamentally sound, the legal image has been tarnished by the behavior of unprofessional and irresponsible individuals
Tindak Pidana Merintangi Penyidikan oleh Advokat pada Perkara Tindak Pidana Korupsi
Full text linkThe profession of advocate or often known as a lawyer, attorney or legal advisor is a profession that is full of idealism because it holds a noble position (officium nobile) in fighting for justice and legal certainty and is able to provide free legal assistance to anyone who is unable to file a case. In the legal system, advocates have various functions, such as representing, accompanying, defending, and carrying out other legal actions on behalf of clients, as well as assisting the court in determining facts based on justice and exercising its authority. Advocates have rights and responsibilities in carrying out their duties. Complying with the Indonesian Advocate Code of Ethics and Law Number 18 of 2003 concerning Advocates is one of the rights and responsibilities of advocates. When defending a client, a lawyer must not violate applicable laws, moral standards, or the interests of others. However, in reality, some lawyers continue to engage in illicit activities, including criminal acts. obstructing the investigation in a corruption situation. The purpose of this study is to gather information. more in-depth about the criminal penalties imposed on advocates who obstruct investigations into alleged corruption, as well as the law enforcement procedures used to file charges against these individuals. The strategy used in this study is a case approach, while the method used is a type of normative legal research. Library data is the source of data in this study. The Corruption Court has conducted an examination process based on the findings of the investigation, and the District Attorney's Investigator in the jurisdiction where the legal event of obstruction of investigation occurred, has taken law enforcement actions against advocates who commit the crime of obstruction of investigation in corruption cases. The criminal provisions in Article 21 of Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption, are the basis for criminalization for advocates who commit acts of obstructing investigations into corruption
Status Kepemilikan Hak Cipta Sebagai Harta Bersama di dalam Perkawinan
Full text linkThis research aims to discuss the status of copyright as part of joint property in marriage according to Indonesian law, considering the characteristics of copyright that differ from tangible objects in general. Copyright, as part of intellectual property rights, consists of two main elements: the moral rights inherent to the creator and the economic rights that can be exploited. These two aspects pose challenges in categorizing copyright as joint property in marriage. In Indonesia, joint property is regulated by Law Number 1 of 1974 on Marriage, which was updated by Law Number 16 of 2019, as well as in the Compilation of Islamic Law and the Civil Code. However, provisions regarding copyright in the context of marriage have not been explicitly regulated. This research uses the doctrinal legal method. Data were collected through library research and will be analyzed using a qualitative approach, as well as a comparative legal approach to analyze the application of copyright law in marriage in France, which adheres to the Continental European legal system. The research results show that copyrights obtained by one spouse during the marriage are generally considered joint property, unless otherwise specified in the marriage agreement. The rights of the husband/wife who did not create the work are limited to the economic rights over the exploitation of the copyright, while the moral rights remain with the creator
Dinamika Keadilan dalam UU Cipta Kerja: Analisis Putusan Mk Dari Perspektif Pekerja dan Pengusaha
Full text linkThe notion of justice has long captivated the minds of philosophers, religious scholars, politicians, and legal experts alike. One of the challenges in this realm is that there is no absolute benchmark for determining fairness; what seems equitable to one party may not resonate with another. As a result, perceptions of fairness tend to be subjective, often leaving certain stakeholders dissatisfied. This complexity fuels ongoing debates within various cases that emerge in both national and state contexts. In this article, we explore the intricacies of these debates through the lens of the recent Constitutional Court Decision No. 91/PUU-XVIII/2020 concerning the Job Creation Law, which many view as favoring employers over workers. The Court's ruling deemed the law conditionally unconstitutional, igniting discussions about its implications for justice. To analyze the impact of this decision on both workers and employers, we apply the frameworks of procedural, substantive, and distributive justice theories. Our research employs a normative juridical approach, examining the Constitutional Court’s ruling alongside relevant laws and legal doctrines
Perlindungan Hukum Hak Waris terhadap Anak Beda Agama dalam Perspektif Hukum Positif di Indonesia (Studi Kasus Putusan Mahkamah Agung Nomor: 1/Yur/Ag/2018)
Full text linkLegal protection in the implementation of the distribution of inheritance of different religions and legal developments in the implementation of the distribution of inheritance of different religions. These are two different legal views regarding the inheritance rights of children of different religions. The choice of rules used depends on the event being experienced. Even though the two are different, they complement each other. According to the inheritance law of the Civil Code, heirs from different religions are not an obstacle, whereas in Islamic inheritance law, different religions are an obstacle as heirs. This research aims to analyze and compare legal regulations regarding the division of inheritance between children of different religions and heirs from the perspective of the Compilation of Islamic Law (KHI) and the Civil Code (KUH Perdata). Apart from that, analyzing the progress of the solution is also very important in solving this problem. So that the judge who has the right to decide the case has determined that children of different religions can obtain their rights through a mandatory will. The development of this decision has also been in effect since the enactment of Supreme Court decision No.1/Yur/Ag/2018. Children of different religions can obtain rights through a mandatory will based on a judge's decision. This decision can provide certainty to people who experience problems regarding the inheritance rights of children of different religions
Peranan Krusial Penyidik Pegawai Negeri Sipil dalam Penegakan Hukum Pidana Lingkungan Berdasarkan Undang-Undang Nomor 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup
Full text linkThis study examines the critical role of Civil Servant Investigators (PPNS) in enforcing environmental criminal law under Law Number 32 of 2009 on Environmental Protection and Management. PPNS holds strategic authority in investigating environmental crimes, such as hazardous waste pollution and ecosystem destruction, yet faces challenges including limited resources, corporate resistance, and suboptimal inter-agency coordination. Employing a normative juridical approach with statutory and case analysis, this research evaluates the effectiveness of PPNS’s role and its collaboration with the police. Findings indicate that enhancing PPNS capacity through training, technological facilities, and regulatory reforms, including broader adoption of the strict liability principle, can improve environmental law enforcement. The study recommends establishing integrated coordination protocols and joint task forces to support environmental sustainability in Indonesia
Kemerdekaan Pers di Indonesia pada Masa Pemilu 2024 ditinjau dari Teori Keadilan Hukum
Full text linkThis study aims to determine the independence of the press in Indonesia during the 2024 elections from the perspective of legal justice theory and to analyze the relationship between factors influencing press independence in Indonesia during the 2024 elections and legal justice theory. The method used in this study is normative legal research, which examines issues based on applicable regulations and literature studies. The results of the study show, first, that press freedom in Indonesia during the 2024 elections does not yet meet the principles of legal justice as stated by John Rawls. This is evident in the imbalance in news coverage, which results in news reports and journalistic products produced by some media outlets being unfair and far from balanced, thereby harming other candidates. In addition, the public is also disadvantaged because freedom in obtaining accurate and fair information has not been achieved as it should be. The existence of this imbalance in reporting shows that the press has not been able to carry out its function freely and fairly as a provider of information to the public. Second, the factors that influence press freedom in Indonesia during the 2024 elections show that there is still control by financiers (media company owners) over the press and that there are no firm regulations regarding the enforcement of press freedom, which can lead to violations of the principles of legal justice
Pengaturan Hukum Pidana terhadap Pelaku Pertambangan Ilegal di Indonesia
Full text linkIllegal mining in Indonesia has become a serious issue with widespread environmental, economic, and social impacts. This study aims to analyze the criminal law regulations regarding illegal mining offenses and the sanctions imposed on perpetrators based on Indonesian positive law. The research method used is normative juridical, with a descriptive-analytical approach. The findings indicate that the primary regulation governing illegal mining offenses is Law Number 3 of 2020 on Mineral and Coal Mining (UU Minerba), which imposes a maximum prison sentence of 5 years and fines up to Rp100.000.000.000 (one hundred billion rupiah). Additionally, illegal mining activities causing environmental damage may be subject to additional sanctions under Law Number 32 of 2009 on Environmental Protection and Management and Law Number 18 of 2013 on the Prevention and Eradication of Forest Destruction. Although the regulations are clear, challenges in law enforcement remain a major obstacle. Therefore, synergy between the government, law enforcement agencies, and the community is needed to effectively eradicate illegal mining