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Nurani Hukum : Jurnal Ilmu Hukum
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 26557169     EISSN : 26560801     DOI : http://dx.doi.org/10.51825/nhk
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Nurani Hukum : Jurnal Ilmu Hukum Nurani Hukum : Jurnal Ilmu Hukum also known as Nurani Hukum is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law. Nurani Hukum: Jurnal Ilmu Hukum is published by Faculty of Law, University of Sultan Ageng Tirtayasa in Collaboration with Pusat Kajian Konstitusi Perundang-Undangan dan Pemerintahan (PKKPUP). periodically published in December and June and the approved and ready to publish in the website and hardcopy version will be circulated at every period. Therefore, all articles published by Nurani Hukum: Jurnal Ilmu Hukum will have unique DOI number. In 2021, the Nurani Hukum requires English as its main language, and therefore accepts journals only in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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Search results for , issue "Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio" : 12 Documents clear
Analyzing Regional Legal Measures for Subsidizing Restrictions on Community Activities (PPKM) during the Covid-19 Pandemic: A Study of State Administrative Law in Java and Bali Regions Rizky Arifianto; Fitriani Ahlan Sjarif
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.19551

Abstract

In recent years, Indonesia and the world have faced an unprecedented non-natural disaster, namely the Covid-19 Virus, which has severely impacted the economies of almost all countries. In response, Indonesia has implemented various legal instruments, including legislation and policy regulations, to address the crisis. One of the controversial legal instruments in Indonesia is the Minister of Home Affairs' Instruction Number 15 of 2021, which pertains to the enforcement of restrictions on community activities in Java and Bali due to the Covid-19 pandemic. This paper examines the implementation of this instruction by the regions of Java and Bali, focusing on the policy regulations issued in response. The research methodology employed in this study is normative juridical research (Legal Research). The findings reveal that policy regulations are distinct from legislation and that the regions, including DKI Jakarta Province, Banten Province, Central Java Province, West Java Province, East Java Province, and Bali Province, have issued various legal instruments to comply with the Minister of Home Affairs' instruction. However, both the central and regional governments must ensure that these legal instruments meet the requirements stipulated in the applicable laws and regulations. As Indonesia is a legal state, it is crucial for government officials to base their actions on the principles of the law.
From Athens to Vilnius with A Near-Fatal Detour to Minsk? The Issue of Demarcation Between Civil and State Aircraft Csaba Török
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.19550

Abstract

On 23 May 2021, the Belarusian authorities forced a Ryanair flight from Athens to Vilnius to land in Minsk, citing a bomb threat that turned out to be a false alarm. The aircraft was carrying 123 passengers, fortunately none of them were injured in the incident, but one person - a journalist - who had been declared an extremist and persecuted by the Belarusian Government, was immediately detained by the Minsk authorities following the emergency landing. The purpose of this paper is to present the relevant regulatory environment governing the case and, as far as possible, to assess Belarusian behavior in the light of the regulation. However, during the discussion, I will not attempt to judge the case, but rather to highlight the dilemmas surrounding it and similar events like 9/11, such as the problem of the demarcation between civil and state aircraft, the use of weapons against aircraft, the self-defense of states, or the conflict between the human rights of those on board and those on the ground (mainly in the light of the Chicago Convention, the so called San Remo Manual on International Law Applicable to Armed Conflicts at Sea, and the United Nations Charter). „There are only two emotions on a plane: boredom and terror.” (Orson Welles)
The Principle of Legal Protection in the Provision of Emergency Contraception Services for Rape Victims under Law 36 of 2009 on Health Mia Yulia Fitrianti; Efa Laela Fakhriah; Tri Handayani
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.17769

Abstract

Rape, a violent act involving coerced sexual intercourse, necessitates the provision of emergency contraception services to prevent unwanted pregnancies. Competent and authorized healthcare professionals are responsible for delivering these services, which are governed by government regulations in accordance with the health law. Thus, the author explores the legal protection that emergency contraception services offer to both rape victims and healthcare providers, highlighting the underlying principles of this implementation. This research employs a descriptive analysis using a normative juridical approach. Findings indicate several barriers to service provision, including limited doctor knowledge, inadequate standard operating procedures, and exclusion from the hospital's essential medicine formulary. Emergency contraception services are legally regulated as part of the Health Law, as they fulfill the legal needs of rape victims, surpassing the hierarchy of Government Regulations. By preventing unwanted pregnancies without the need for complicated procedures like abortion, emergency contraception services significantly enhance the protection of rape victims and healthcare workers. However, the current regulations lack provisions mandating the provision of information and emergency contraception services to rape victims by healthcare providers. Consequently, not all healthcare workers are willing to offer these services due to the absence of legal obligations. To ensure the availability of emergency contraception services, legislative changes should be made by introducing new articles into the health law, explicitly stating the obligation of healthcare providers to offer emergency contraception services to rape victims.
Editorial Remark Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protection Afandi Sitamala
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.20885

Abstract

Journal Nurani Hukum: Journal of Legal Studies, also known as Nurani Hukum, is a peer-reviewed journal focused on legal studies. The journal aims to publish high-quality research across various areas of legal scholarship, including but not limited to law and history, legal philosophy, sociology of law, socio-legal studies, international law, environmental law, criminal law, private law, Islamic law, agrarian law, administrative law, criminal procedural law, commercial law, constitutional law, human rights law, civil procedural law, and adat law. Published by the Faculty of Law, Universitas Sultan Ageng Tirtayasa in collaboration with the Asosiasi Pengelola Jurnal Hukum Indonesia (APJHI), the journal is released biannually in June and December. Each issue is made available on the website and further distributed in hardcopy format.The current edition, Volume VI Issue 1, June 2023, covers a wide range of legal and scientific fields, including civil, criminal, constitutional, and international law. The publication of this journal is a result of the collective efforts of many individuals. We extend our gratitude to all the peer reviewers and members of the editorial board who have dedicated their time and energy to ensure the successful publication of the Journal Nurani Hukum: Journal of Legal Studies. We hope that the articles presented in this journal will serve as a valuable and enlightening resource for all readers
Emerging Legal Response to Gender-Based Domestic Violence in Bangladesh: Analyzing the Scope and Limitations of Indigenous Legal Regime in light of International Treaties Anika Nower Suvra
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.19761

Abstract

Gender-based domestic violence is a concerning global issue, causing significant physical and psychological harm to individuals. Family violence is increasingly recognized not only as a human rights concern but also as a matter of public welfare. Unfortunately, Bangladesh, being one of the world's poorest countries, experiences a high prevalence of domestic violence cases. While Bangladesh has been acknowledged by international frameworks like the UDHR, ICCPR, ICESCR, CEDAW, and DEVAW for protecting individuals, particularly women, from gender-based domestic violence, the implementation of these protections remains questionable. Although Bangladesh has enacted specific legislation to address domestic violence, there is a need to assess its effectiveness in safeguarding the rights of all victims, regardless of gender. This article aims to analyze the scope and limitations of the law in protecting individuals from domestic violence and ensuring their rights. Bangladesh faces challenges in ensuring gender-based rights, as domestic violence incidents involving men, children, and transgender individuals often go unreported. Through this research paper, the author focuses on the objectives of regulations, the enforcement of legal requirements, and the existing limitations within the law to prevent domestic violence and ensure justice for all affected individuals.
Overcoming Global Issues on Gender-Biased in Adjudication Process: The Role of Companions for Rape Victims Ria Wierma Putri; Siti Noor Laila; Yunita Maya Putri; Febryani Sabatira
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.19613

Abstract

This study aims to determine the extent of state protection towards rape victims in the litigation process under existing laws. However, the phenomenon of gender bias by the surrounding society and law enforcers mostly leads to victim-blaming, which prevents them from reporting the case. Moreover, the study argues that it is necessary to provide a victim's companion at the trial, particularly in the victim-witness examination process, to support them contribute detailed information in a comfortable and secure condition. This study uses a normative-empirical legal approach with primary and secondary data sources. The study discusses the extent of rape victims' protection and the need for companion in litigation process. The results showed that the State had made its efforts to protect women of rape victims by enforcing a sequence of laws beyond the Criminal Code such as Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Supreme Court Regulation No. 3 of 2017 concerning Guidelines in Adjudicating Women's Cases Against the Law. However, these efforts are deemed insufficient to provide proper protection for rape victims, as evidenced by the significant development of rape cases due to legal enforces' insensibility dealing with women as victims in the litigation process.
Back Matter Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protection Afandi Sitamala
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.20887

Abstract

"The Secrets of The Boys": Analyzing Homosexuality: Perceptions and Regulatory Frameworks in the Ottoman Empire and Turkey (The Past, Present and Future) Talabos Dávidné Lukács Nikolett
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.19549

Abstract

The Ottoman Empire's approach to homosexuality has often been misunderstood and misrepresented. This research aims to shed light on the historical and cultural context of homosexuality in the Ottoman Empire and Turkey, using a historical methodology. Contrary to popular belief, homosexuality was not strictly forbidden in the Ottoman Empire, even under Islamic law. The Islamic empires, including the Ottomans, shared a cultural resemblance to ancient Greeks, where relationships between older and younger men, known as "amrad," were prevalent. While sultans were known to have both women and young boys in their harems, the regulation of homosexuality was absent from the penal code since 1858. Interestingly, during the "Tanzimat period" (1839-1876), when the Empire embraced Western influences, conservative values led to the stigmatization of homosexuality. After World War II, Turkey aligned itself with the global order, signing international declarations and conventions on human rights. However, in recent years, there has been a shift in the Turkish government's stance, with the current president expressing opposition to supporting gay individuals. This study intends to explore the past, present, and future of homosexuality in the Ottoman Empire and its subsequent transformation in the Turkish state.
Fostering Constitutional Equality: Unveiling the Implementation of Legal Aid for Underprivileged Citizens in Karimun Regency Rifqi Ibsam; Nurlaily Nurlaily; Triana Dewi Seroja
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.20116

Abstract

The provision of legal aid is a manifestation of  access to law and justice for the poor provided by the state under the mandate of the Constitution of the Republic of Indonesia. Especially in Karimun Regency, there is a disparity between the number of poor people and the number of legal aid organizations. This study aims to find out, first, the application of legal aid for the poor in the perspective of the constitutional rights of Karimun Regency citizens and second, how to optimize  the provision of legal aid for the poor in Karimun Regency. This research uses normative-empirical legal research methods with legal, conceptual and case approaches. Data sources come from primary and skunder data. The results showed: First, the implementation of legal aid for the poor in Karimun Regency has not been implemented optimally. This happens because of various problems or factors including, 1) the absence of legal aid regulations to the poor in the form of regional regulations; 2) Legal Aid Providers Do Not Work optimally; 3) The unbalanced number of Legal Aid Providers and Legal Aid recipients; and 4) Lack of legal knowledge and awareness for the poor. Second, to optimize the application of legal aid to the poor in Karimun Regency can be done through several stages including, 1) Regional Regulations related to legal aid are immediately ratified; 2) Supervision and Strict Sanctions Against Legal Aid Providers for the Implementation of Legal Aid; and 4) The addition of Legal Aid Organizations (OBH) in Karimun Regency verified by the Ministry of Law and Human Rights.
Indonesian Quantitative Easing 2020-2021: Regulation and Comparation with The USA and Japan Diffaryza Zaki Rahman; Henry Darmawan Hutagaol
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.19447

Abstract

This article is intended to find out how the Quantitative Easing model is implemented in Japan and the United States, how the Quantitative Easing model is applied by Bank Indonesia in 2020 to 2021, and how the Quantitative Easing arrangement is implemented by Bank Indonesia within the framework of Indonesian laws and regulations. This research was conducted using the juridical-normative method by reviewing the literature and the laws and regulations relating to Quantitative Easing in Indonesia. This article is written from research process that conducted by the method of normative-judicial approach. The results showed that Japan implemented Quantitative Easing more broadly by involving the Central Bank's monetary actions in the realm of interest rates and the purchase of securities in the public and private spheres. The United States has a narrower scope by only relying on the purchase of securities or bonds. In Indonesia, Bank Indonesia in 2020-2021 will implement Quantitative Easing to increase liquidity in the banking sector based on the authority given in Law No. 2 of 2020 which is more similar to the Japanese model. This model is known only to be regulated in Law No. 2 of 2020 specifically for handling the economic crisis due to the COVID-19 Pandemic

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