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IMPLEMENTASI KEBIJAKAN PERLINDUNGAN MELALUI MODEL PEMBINAAN TERHADAP ANAK JALANAN Rahman, Nur; Rahman, Nur
Jurnal De Jure Muhammadiyah Cirebon Vol 1 No 2 (2017): JURNAL DE JURE MUHAMMADIYAH CIREBON (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

The phenomenon of street children at Cirebon was a phenomenon that can not be underestimated, especially in the presence of various cases of exploitation are close to the lives of street children. In addition, the number of street children at Cirebon also increased at the end of 2014 and compared to the previous years. As a form of attention in handling the problem of street children, Cirebon has policies relating to issues of protection of street children, one of which is through the Regional Regulation No. 6 of 2009 on the Protection of Displaced Children and Children with Special Protection at Cirebon. The purpose of this study is to analyze the implementation of the policy on protection through coaching model for street children refers to the Regional Regulation No. 6 of 2009 on the protection of displaced children and children with special protection at Cirebon and analyzes about the efforts made by the Government of Cirebon and its barriers found in the coaching model provides protection against street children at Cirebon. The type used in this research is descriptive. Qualitative research data acquisition procedure, the data obtained from interviews, observations, and archival. The results of the study were considered to be relevant to the problem under study were analyzed qualitatively through data reduction according to the subject matter of the research and focused on the main issues to be answered in this study. The results showed that, under the regulations there are some programs have been done such as, (1) Step protection by using a coaching model of street children conducted at Cirebon that includes coaching prevention; ongoing formation; social rehabilitation efforts, (2) reducing the exploitation behavior, (3) and empowering of street children, (4) provide guidance on an ongoing basement, (5) to increase community participation in providing guidance to street children. Furthermore, in carrying out this regulation, clearly there are factors that influence both its support and its inhibitors in which the supporting factors consists of (1) the availability of regulation as the legal ground minimize the number of street children well, (2) Emergence of cooperation between local government and private companies, (3) availability of adequate resources to foster street children, (4) Availability of facilities and infrastructure that supports street children program development and (5) an adequate budget. While inhibiting factor consists of (1) modernization, industrialization, urbanization (2) poverty, (3) social conditions, (4) social change and (5) community erroneous interpretation of the Sunan Gunungjati message that reads, "Ingsun titip tajug lan fakir miskin", From all the facts that occurred so that the authors say that the application of this rule is not much be better nor can?t be optimalized as expected so far.

IMPLEMENTASI KEBIJAKAN PERLINDUNGAN MELALUI MODEL PEMBINAAN TERHADAP ANAK JALANAN Rahman, Nur; Rahman, Nur
Jurnal De Jure Muhammadiyah Cirebon Vol 1 No 2 (2017): JURNAL DE JURE MUHAMMADIYAH CIREBON (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

The phenomenon of street children at Cirebon was a phenomenon that can not be underestimated, especially in the presence of various cases of exploitation are close to the lives of street children. In addition, the number of street children at Cirebon also increased at the end of 2014 and compared to the previous years. As a form of attention in handling the problem of street children, Cirebon has policies relating to issues of protection of street children, one of which is through the Regional Regulation No. 6 of 2009 on the Protection of Displaced Children and Children with Special Protection at Cirebon. The purpose of this study is to analyze the implementation of the policy on protection through coaching model for street children refers to the Regional Regulation No. 6 of 2009 on the protection of displaced children and children with special protection at Cirebon and analyzes about the efforts made by the Government of Cirebon and its barriers found in the coaching model provides protection against street children at Cirebon. The type used in this research is descriptive. Qualitative research data acquisition procedure, the data obtained from interviews, observations, and archival. The results of the study were considered to be relevant to the problem under study were analyzed qualitatively through data reduction according to the subject matter of the research and focused on the main issues to be answered in this study. The results showed that, under the regulations there are some programs have been done such as, (1) Step protection by using a coaching model of street children conducted at Cirebon that includes coaching prevention; ongoing formation; social rehabilitation efforts, (2) reducing the exploitation behavior, (3) and empowering of street children, (4) provide guidance on an ongoing basement, (5) to increase community participation in providing guidance to street children. Furthermore, in carrying out this regulation, clearly there are factors that influence both its support and its inhibitors in which the supporting factors consists of (1) the availability of regulation as the legal ground minimize the number of street children well, (2) Emergence of cooperation between local government and private companies, (3) availability of adequate resources to foster street children, (4) Availability of facilities and infrastructure that supports street children program development and (5) an adequate budget. While inhibiting factor consists of (1) modernization, industrialization, urbanization (2) poverty, (3) social conditions, (4) social change and (5) community erroneous interpretation of the Sunan Gunungjati message that reads, "Ingsun titip tajug lan fakir miskin", From all the facts that occurred so that the authors say that the application of this rule is not much be better nor can?t be optimalized as expected so far.

PENCEGAHAN TINDAK KEKERASAN TERHADAP PEREMPUAN DAN ANAK DI LINGKUNGAN KELUARGA YANG ADA DI DESA WILULANG CIREBON JAWA BARAT Alwie Al Ghofar; Nur Rahman; Omang Suparman
Jurnal De Jure Muhammadiyah Cirebon Vol 6 No 1 (2022): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v6i1.2659

Abstract Indonesia is a state of law, as stipulated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. As a state of law, human rights are the main elements that must be protected, enforced and fulfilled by the state. The state has an obligation to guarantee the rights of women and children in Indonesia, which is the quality of the nation's successor. This research activity was carried out in Wilulang Village, Susukan Lebak District, Cirebon Regency, or often also referred to as the East Cirebon region. This activity, as a series of preparations for Wilulang Village, which represents Cirebon Regency in a village competition at the West Java Province level on Increasing the Role of Women Towards Healthy and Prosperous Families (P2WKSS). Domestic violence is a violation of human rights and a crime against human dignity and a form of discrimination that must be eliminated. Article 1 paragraph 1 of Law No. 23 of 2004 concerning the Elimination of Domestic Violence. Efforts to prevent and or overcome various violent behaviors experienced by women and children must receive serious attention and handling. Therefore, the approach in dealing with this problem must be integrated, where in addition to the legal approach one must also consider non-legal approaches which are precisely the causes of violence. By increasing women's awareness of their rights and obligations under the law, increasing public awareness of the importance of efforts to overcome violence against women and children. Keywords: Law, Women and Children, Violence

Hubungan Kemendagri dan Kemendes dalam Tata Desa dan Administrasi Desa Sarip Sarip; Nur Rahman; Rohadi Rohadi
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 3 Issue 2 (2020) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.

PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DI PENGADILAN NEGERI SUMBER Dini Amallia Putri; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 5 No 2 (2021): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v5i2.2593

Penelitian ini bertujuan untuk mengetahui dan menjelaskan hal-hal yang menjadi pertimbangan kasus pencurian yang dilakukan oleh anak, pada kasus yang sama dan tetap saja terdapat perbedaan pertimbangan, sehingga ada disparitas putusan. Data penelitian ini didapatkan dengan menggunakan metode pendekatan yuridis empiris. Analisis permasalahan dilakukan dengan mengolah data sekunder, serta proses wawancara secara langsung dengan responden. Hasil penelitian menjelaskan bahwa untuk menetapkan putusan harus melalui beberapa pertimbangan. Penyebab adanya pembedaan vonis yang disbut dengan disparitas dalam putusan kasus pencurian anak khususnya pada putusan Nomor 15/pid.sus-anak/2018/PN.Sbr dan Nomor 30/pid.sus-anak/2021/PN.Sbr disebabkan oleh faktor ekternal yaitu Undang Undang Dasar Negara Republik Indonesia Tahun 1945 dimana hakim diberikan kebebasan untuk menyelenggarakan peradilan, termasuk didalamnya menentukan hukuman bagi terdakwa. Serta faktor internal yang berasal dari diri hakim sendiri dalam mempertimbangkan suatu putusan. Kata Kunci: Anak, Disparitas, Pertimbangan

SEPARATION OF POWER: BERPISAH UNTUK BERTEMU Sarip Sarip; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 4 No 2 (2020): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v4i2.3172

Theorists struggle to determine the nature of the separation of power. There are many objections to the tripartite separation (three powers) of the state in the form of the legislature, executive and judiciary by referring to Montesquieu in his Spirit of the Laws for the history of political theory originating in the French state. The separation of powers is a vital feature of western democracies, enshrined in various federal and state constitutions. As a broad principle, theorists struggle to determine its precise nature, and many argue that the tripartite separation of state power into legislative, executive and judicial branches has proved simple and impossible. I think we should understand the separation of powers as a strategy used to structure the relationship between separate institutions. This structuring process empowers the creation of new relationships between institutions, with the aim of enhancing their institutional integrity. In short, we split up just to reconnect. These strategies direct attention to inter-agency relationships highlighting the contribution of these relationships to keeping institutional integrity together. Keywords: Separation of powers, Institutions, Authority, Meeting each other.

DAMPAK PRESIDENTIAL THRESHOLD TERHADAP REGENT THRESHOLD Harun Fadhli; Sarip Sarip; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 5 No 1 (2021): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v5i1.3173

The election of the President and Vice President of Indonesia has experienced many dynamics from time to time. The beginning of independence, precisely on August 18, 1945, was carried out by the Preparatory Committee for Indonesian Independence (PPKI). the second replaces Sukarno. The minimum threshold (presidential threshold) became known in Indonesia in 2004, along with the issuance of Law no. 23/2003 concerning General Elections (Pemilu). The stipulation is that Political Parties (Parpol) must reach a minimum of 15% of the DPR seats and 20% of the national valid votes to be able to carry the president and vice president. Efforts to restore democracy to prevent the arbitrariness of the rulers through the presidential threshold have their own obstacles. The function of research is to seek the truth, truth is intended with regard to the nature, source, and scope of knowledge. Setting the Presidential Threshold in the presidential and vice presidential elections in Indonesia has had many impacts. So with the high Presidential Threshold, the public and political parties then submitted a judicial review to the Constitutional Court and in the Constitutional Court's decision Number 53/PUU-XV/2017 regarding the judicial review of Law No. 7/2017 article 222 which discusses the Presidential Threshold, the Constitutional Court refused. The refusal of judicial review of Article 222 of Law No. 7/2017 of the Constitutional Court resulted in setting the threshold for regional head elections still referring to Law No. 10/2016 on regional government. Keywords: threshold, political parties, local government, democracy.

ANALISIS ASAS LEX SUPERIOR DEROGAT LEGI INFERIOR DALAM PRESIDENTIAL THRESHOLD DAN REGENT TRESHOLD Harun Fadhli; Sarip Sarip; Rohadi Rohadi; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 5 No 2 (2021): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v5i2.3174

The rejection of the judicial review has an impact on Regional Head Elections (Pilkada) throughout Indonesia. Consequently, the Pilkada must follow the same legal provisions as the central provisions regarding the presidential threshold. The difference is only in terms of naming which is called the regent threshold. Researchers, using the regent threshold for studies related to regional elections at the district level, especially the object of which is the Regency. In addition, in the form of regional autonomy, it recognizes the level of legal norms that the law of a lower position may not conflict with the law of a higher position. This means that in a unitary state, the rules that apply at the center will also apply to the regions. Affirmation should be done to avoid confusion or to avoid interpretations between regions, gubernatorial elections, and elections. The threshold for regional heads is inseparable from the existence of the Lex Superior Derogat Legi Inferiori legal principle which regulates how the legal status exists in Indonesia so that the regional head threshold setting is a derivative of the above threshold setting, namely the presidential and vice presidential election threshold. The impact of the Presidential Threshold is not only in the election of regional heads, but also in the election of regents or deputy regents, interim changes for regional heads or deputy regional heads who have a permanent membership. Keywords: Lex Superior Derogat Legi Inferiori, Threshold, Legal provisions.

DAMPAK PRESIDENTIAL THRESHOLD TERHADAP PERGANTIAN ANTAR WAKTU DI DAERAH Harun Fadhli; Sarip Sarip; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 4 No 2 (2020): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v4i2.3176

A very difficult choice when faced with the full rights and formal requirements that have been taken, must respect the legal consequences of the single supporting party. As conceptualized by Sebastian Harnich, he will describe the relationship between theatrical stages in giving a formal impression of extra politics in Cirebon Regency. Different things happened in Cirebon Regency when the PAW took place, where regarding the single party proposing it was very clear that it did not violate the law. However, the situation becomes different when political power is mobilized to strengthen regional power. So the authors are interested in studying the impact of the regent threshold in PAW practices that are different from other regions. Then the researchers conducted a study entitled "Impact of the Presidential Threshold on Regent Threshold in Cirebon Regency". Researchers use the footing of previous research to get novelty in research. As a basis for research, several previous studies are related or have something to do with the focus of the study. Political parties that carry in the process of changing between times for deputy regional heads must recommend cadres of candidates for deputy regents who have the appropriate capacity and capability to become candidates for regional leaders. It is not then that the origin of recommending a candidate for deputy regional head is only as an invalid from the applicable law. So that with the election of a qualified deputy head of the region, the welfare of the people in the region and development in the region itself can be independent and advanced. Keywords: Change between times, Politics, Legal consequences.

PEMBUKTIAN TINDAK PIDANA POLITIK UANG DALAM PEMILIHAN KEPALA DAERAH TAHUN 2019 Ikhsan Bayanulloh; Fahmi Fajar Mustopa; Sarip Sarip; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 5 No 1 (2021): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v5i1.3201

In almost every election event in Indonesia, it can be seen that there are many violations that often characterize it, the criminal behavior of money politics, for example, is always repeated even though the threat of criminal punishment lurks the perpetrators and recipients. This situation makes it difficult to enforce the law by the Panwaslu, the Police, and the Prosecutor's Office, which are members of the Gakkumdu center, this is because there are obstacles at the time of legal proof from the interpretation and perspective of the meaning of money politics itself which is considered to still have different views/perspectives. . The application of the law and the handling of violations by the Panwaskab against money politics based on formal offenses is a criminal act that has been committed and the act matches the formulation in Article 187 A paragraph (1) of Law Number 10 of 2016 concerning the Election of Governors, Regents and Mayors which requires an act that is prohibited or required to be completed without mentioning the consequences or prohibited by law is the act. Keywords: Crime, Money Politics, Pilkada.

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