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Politik Hukum Dalam Menangani Pertanahan Agraria Di Indonesia Hurotun Afifah; Ayang Fristia Maulana
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2753

Abstract

Agraria law is the law that regulates relations between people and land and other people. Sudikno Mertokusumo explained that the law, also known as land law, is the interest of people in other people regarding land. According to Subekti, agrarian law is the totality of legal provisions, whether civil, state administration or state administration law, which also regulates authorities that originate from certain relationships. For information, the basis of agrarian law is regulated in Law Number 5 of 1960 concerning basic regulations on agrarian principles or UUPA. In this agrarian law regulation, there are at least seven principles1. These are: the principle of control by the state, the principle of social function, the principle of customary law, the principle of nationality or nationhood, the principle of limiting land ownership for the sake of the public interest, the principle of general planning and the principle of land preservation. From various literature it is known that the history of the birth of the UUPA tells the long history of the struggle of national figures in reducing the impartiality of land law for the benefit of society at large. In the era of reform, the logical consequences between political existence and interests and legal certainty, especially regarding land issues, have become a trending topic that is interesting to discuss. The complexity of land issues in this country is increasingly increasing and complicated, and is exacerbated by friction between interests that are politically charged. Legal politics consists of a series of words politics and law. (Suderto, et., al 1983) explains that politics is used in various meanings, namely: 2 1. The word polik in Dutch, which means something related to the State 2. Means discussing state issues or those related to the State Furthermore, Sudarto emphasized that the meaning of politics is policy which is a synonym for policy. In this sense, the words economic politics, crime, legal politics and criminal law politics are found. The relationship between politics and law, according to (Mahfud et., al 1998) explains that law is a political product. Law is seen as an independent variable (variable influence) and politics as an independent variable (variable influence). With this assumption, Mahfud formulated the law as: 3 Legal policies that will be or have been implemented nationally by the government also include an understanding of how politics influences the law by looking at the configuration of forces behind the creation and enforcement of the law. Here the law is not only seen as articles that are imperative or mandatory, but must be seen as a sum system which in reality is not impossible, in fact it is not impossible which is very much determined by politics, both in the formulation of material and articles and in implementing them.
Perlindungan Hak Asasi Manusia (HAM) Terhadap Wanita Yang Menjadi Korban Pemerkosaan Dan Tindak Pidana Pemerkosaan Faturohman Faturohman; Hurotun Afifah; Mita Sari
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 2 (2024): April : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i2.78

Abstract

Rape is a sexual act committed against a person without consent or without explicit consent. This is a very serious form of sexual violence and violates human rights. Rape can occur in a variety of contexts, including during an intimate relationship, by someone you know, or even by a stranger. This can cause deep physical and emotional trauma to victims, as well as having far-reaching impacts on society as a whole. It is important to take steps to prevent rape and provide support to victims. Rape carried out on women or men usually causes very severe trauma to them. Usually, the person becomes uncomfortable, insecure, and afraid of meeting people. He will feel alone forever, and think about ending himself, because he thinks that he is no longer pure. Usually, rape is committed by someone or several individuals, known or unknown, who deliberately rape the victim. Rape may occur because the perpetrator likes the victim, or because the perpetrator wants revenge on the victim, or there is something else. Women are creatures of God Almighty who are very perfect, because they give birth and breastfeed. In Indonesia, there are still many cases of rape that occur against women and children. The motive may be because the perpetrator likes the victim, or the perpetrator just wants revenge on the victim, or it was planned long ago by the perpetrator. Rape against women or girls is a form of sexual violence that occurs when someone commits a sexual act against a woman without her consent. This may include vaginal, anal, or oral penetration, as well as other sexual acts carried out with violence, threats, coercion, or the woman's inability to provide valid consent. Rape against women is often a form of expression of systematic gender inequality and domination. It is important to remember that rape does not only happen to women, but can also happen to men or individuals of various other gender identities. Nevertheless, rape of women is often in the spotlight due to its high prevalence and serious impact on the well-being of women and society as a whole. Therefore, it is important to continue fighting sexual violence and fighting for gender equality to create a safe and inclusive society for all individuals.