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Contact Name
Afandi Sitamala
Contact Email
asitamala@untirta.ac.id
Phone
+62254-280330
Journal Mail Official
jurnalnuranihk@untirta.ac.id
Editorial Address
Faculty of Law, Universitas Sultan Ageng Tirtayasa. Jl. Raya Jakarta, KM. 4, Pakupatan, Kota Serang, Provinsi Banten. Telp. (0254) 280330 Ext. 218, Fax.: (0254) 281254
Location
Kab. serang,
Banten
INDONESIA
Nurani Hukum : Jurnal Ilmu Hukum
ISSN : 26557169     EISSN : 26560801     DOI : http://dx.doi.org/10.51825/nhk
Core Subject : Humanities, Social,
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 10 Documents
Search results for , issue "Vol. 4 No. 2 Desember 2021" : 10 Documents clear
The Legality Principle Application in Indonesian Criminal Law System Achmad Bustomi
Nurani Hukum Vol. 4 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i2.12239

Abstract

The application of legality principle in Indonesia criminal law system is the main tool in the enforcement of criminal law. The nature of legal certainty attached to the principle of legality makes criminal law one of the fields of legal science that is certain in the eyes of the law. Because it attaches to clear and firm legal frames, it is an instrument of guidance and limitation in applying concrete cases. This paper analyzes how the principle of legality in criminal law can make the law a certainty. The principle of legality limits in detail and carefully what actions can be punished. The results of the study state that in Indonesia, based on the principle of legality, criminal acts must be regulated in writing. However, some areas still use customary law. Then the nature of criminal law may not apply retroactively.
Juridic Review of Criminal Actions of Sexual Violence Against Women (Case Study in the Women and Children Service Unit of the Tangerang Police) Nova Evriyana; Rokilah Rokilah
Nurani Hukum Vol. 4 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i2.12417

Abstract

Violence against women in recent years has increased. Violence occurs anywhere, anytime and to anyone. Sexual violence against women often occurs because of the value system that places women as weak and inferior beings compared to men. Likewise with the view that the female body is a medium or a tool to satisfy male lust. With the large number of sexual violence that occurred, the Women and Children Service Unit of the Tangerang Police tried to resolve all cases without any case arrears. This study aims to determine the handling of cases of Sexual Violence Against Women in the Women and Children Service Unit of the Tangerang Police. To find out the obstacles in the process of handling Sexual Violence Against Women in the Women and Children Service Unit of the Tangerang Police. Researchers use the Juridical Empirical method which is also called field research. That is the main source of data obtained from the field. The results of the study revealed that the Women and Children Service Unit had carried out the handling in accordance with Articles 20 and 21 of the Regulation of the National Police Chief Number. 14 of 2012 concerning Management of Criminal Investigations.
Review of Biological Needs Fulfillment in Human Rights Review in Class IIA Penitentiary Serang Devi Paramitha; Sulasno Sulasno
Nurani Hukum Vol. 4 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i2.12473

Abstract

Married convicts need the right to fulfill their biological needs to maintain mental and physical health as well as their household, and prevent sexual deviant behavior. Indonesian prisons only focus on overcoming overcapacity, and tend to ignore the biological needs of prisoners, especially since the Class IIA Serang prison is mostly inhabited by married inmates. The fulfillment of biological needs is important, but so far this problem has not been facilitated because it is not regulated in regulations. The purpose of this study was to determine the fulfillment of the biological needs of prisoners in the review of human rights for prisoners at the Class IIA Serang Penitentiary and to find out the obstacles and efforts to fulfill the biological needs of prisoners in the review of human rights for prisoners at the Class IIA Serang Penitentiary. This study uses a normative juridical method through a qualitative approach. Data collection techniques used, namely literature study, interviews and observations. The results show that currently the Class IIA Serang Prison is experiencing overcapacity, the provision of a place to fulfill biological needs in the Class IIA Serang Prison is not implemented due to the absence of regulations, but the Class IIA Serang Prison has an alternative to meet the biological needs of its inmates. This writing results in an analysis of the mechanism for fulfilling sexual needs in Correctional Institutions through alternative models of the romance booth and the provision of Family Visiting Leave which is expected to reduce problems in Correctional Institutions.
Juridical Review on Termination of Employment As the Company is in the State of Postponing Its Debt Payment Obligation Muhammad Hafidz
Nurani Hukum Vol. 4 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i2.12316

Abstract

In an unavoidable circumstance, the work relation between a worker/a labor and an employer can be ended. The imbalance in socio and economic positions places the state, as a regulator and at the same time as a supervisor for the statutory provisions that the limits of permissible particular circumstances that might lead to termination of employment. Those particular circumstances can be found in Law No 11 of 2020 on the Job Creation and its implementing regulations. There is a circumstance under the law that may lead to termination of employment; one of them is a company in the state of postponing a debt payment obligation. The provision is based on Law No 37 of 2004 on the Bankruptcy and Postponement of Debt Payment Obligations. Is this circumstance being appropriate reason for an employer to terminate employment? This research applies a normative judicial methodology based on comparative law. The data used are secondary data from documents. All collected data are processed and analyzed to find the legal issues that later become the object of this research and presented descriptively afterward. The research shows that the postponing debt payment obligation status is an inappropriate reason to terminate employment because that status is actually an opportunity provided for a company to avoid bankruptcy so that the company can operate as usual.
Law Enforcement Against Children As A Criminal Act Of Sexual Harassment (Case Study Of Decision Number 7/Pid.Sus-Anak/2020/Pn.Srg) Cici Aputri; Hasuri Hasuri
Nurani Hukum Vol. 4 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i2.12474

Abstract

Adolescence a child experiences the development of psychosexuality and emotionality that can affect a child's behavior. The developmental process experienced by adolescents can cause various kinds of problems for adolescents themselves from people who are close to their environment. Actions limited to juvenile delinquency that eventually lead to criminal acts require serious legal handling that provides protection of children's rights in the criminal justice process.Sexual abuse by children is a big problem that really needs special attention from the government. perpetrators of sexual harassment itself can occur in adults and children. The purpose of providing legal protection for perpetrators of criminal acts is to respect the rights of the perpetrators so that their fate is not hanging, there is legal certainty for perpetrators and to avoid arbitrary and unfair treatment. This study aims to determine the factors that cause the crime of sexual abuse among children in Cilegon City, to find out and to find out the judge's decision in law enforcement against children as perpetrators of sexual abuse among children in Cilegon City. The approach used in this study is a qualitative approach.
Identity Politics and Local Regulations: A Critique of Ideology on Local Regulations in the Post-New Order Eko Mukminto; Rofi Wahanisa
Nurani Hukum Vol. 4 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i2.12317

Abstract

This article aims to study the identity politics embedded in local regulations in post-New Order Indonesia.  This study used Critical Discourse Analysis to uncover the configuration of identity politics embodied in law and local regulations. After the fall of the New Order regime, the Indonesian government chose decentralization of power, which led to a path to regional autonomy. In its dynamics, several regional policies and regulations tend to project local legal politics with primordialism and conservativism in forming social coherence. Many regulations were criticized because it tends to have a complex nuance for minorities. From the analysis of several regional regulations or policies, the most prominent trend was Islamic identity. This study showed that Islamic identity became popularized and intertwined with local populism because New Order's centralism repressed Islam in the political landscape. Thus, after the fall of the new order regime, decentralization becomes a channel to offer the repressed ideological fantasy of Islamic legality at an elevated level.
China Responsibility in Case of Covid 19 Pandemic Under International Law Hilton Tarnama Putra M; Jarkasi Anwar
Nurani Hukum Vol. 4 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i2.12628

Abstract

Pandemic COVID-19 was start from Wuhan, China then spread to the rest of the world. Under international law of public health, states have obligations to cooperate in tackling international health emergency. WHO Constitution and IHR confirms those obligations in which state denied its will arise state responsibility. The purpose of this research is to elaborate state obligations under international law to handle COVID-19 and particularly to China. This research use normative legal research method which means to analysis international law norm in practice. The results of this research are, first there are several obligations to state in handle COVID-19 such as to cooperate, to notify WHO and to made domestic regulation. Second, China is not responsible for COVID-19 case because China did not breach any international obligations under international law.
The Acceleration Development of Disadvantaged Region: On Government Affairs Perspective Saptono Jenar
Nurani Hukum Vol. 4 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i2.12214

Abstract

Building the disadvantaged regions is one of the government's tasks, including local governments. Conditions in the disadvantaged regions require acceleration to continue to be constructed so that it truly becomes the equivalent of other regions in Indonesia. Therefore, it takes approaches in doing so, among them is the welfare approach in the disadvantaged regions. To implement such welfare approaches in the framework of national development, it is necessary to accelerate for disadvantaged regions. Therefore this paper focused about the acceleration development of disadvantaged region: on government affairs perspective. The methods of research used are qualitative methods with literature study techniques or literary studies, documentation, and other descriptive techniques. The results showed that the implementation of the acceleration development of disadvantaged region has high enough urgency to do to realize national goal (staatsidee)..
Note From Baduy About Learning To Sustain The Ecology Of The Baduy Community M Noor Fajar Al Arif Fitriana; Ahmad Fauzi
Nurani Hukum Vol. 4 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i2.12387

Abstract

The development of environmental law in Indonesian society which is influenced by the way of thinking of the west that leads to the industrialists and consumptive headed at the thought of anti-ecological, we have to learn to one of the tribes that exist in Banten, the Baduy community, a tribe that is still firmly uphold customary law as the foundation of living. Baduy is one of the indigenous communities, which until now still live a life day-to-day based on the law that they have. This research was included in a type of qualitative research that is descriptive, is research that aims to describe something problems in certain areas or at certain times. This research method is used to describe systematically the facts or characteristics of a specific population or a particular field, in this field are actual and carefully. This method focuses on the observation and experience of nature. This study also uses primary and secondary data sources, which are analyzed using a qualitative method,with data collection techniques the Study of Literature and Field Studies to the Baduy community, the interview was conducted to the speaker to get accurate data about the conditions and the realities on the baduy community. The results of the research are the baduy apply customary law in the form of pikukuh karuhun, if we observe how the Baduy community in maintaining the ecology of the environment both in the system of agriculture and preservation of the forest in accordance with the laws of the environment in the modern meaning. but we can take the values that they apply to the Baduy community. Need for synergy between the government, employers and the community in preserving the environment. It's time the government issued a policy to concrete to protect environmental sustainability with the implementation of value of local wisdom because it contained the value of human interaction and the environment.
Future Policy Planning of Law Enforcement and Criminal Execution to Face Covid-19 Pandemic Rosdayana Khairuummah
Nurani Hukum Vol. 4 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v4i2.12238

Abstract

The Covid-19 pandemic is first reported in late December 2019 in Wuhan, Hubei Province of China, Covid- 19 has rapidly spread worldwide. In the middle of 2019, by paying attention to the victims affected by covid-19 in the country more and more, the government, through Presidential Decree No. 11 of 2020 on The Determination of Public Health Emergency Corona Virus Disease 2019 (Covid-19), has established a public health emergency, following the event as a non-natural national disaster through the Presidential Decree No. 12 of 2020 on the Determination of Non-natural Disasters The Spread of Corona Virus Disease 2019 (Covid-19) as a national disaster, attempts to prevent the transmission of the Covid-19 virus are also carried out by the government through the Correctional Institution and Detention Center and Child Development Institutions as a closed institution that in actually experienced overcrowding conditions that facilitate the transmission of Covid-19. In the face of overcrowding prison, the Ministry of Law and Human Rights, the Directorate General of Corrections, has implemented several policies on the Correctional Institutions, Detention Center and Child Development Institutions. Considering the number of people affected by the Covid-19 pandemic is increased, it is not yet known exactly when it will decrease in the graph, criminal acts will continue to occur so that it will cause problems for the execution of unlawful deprivation of liberty that will have implications for the enforcement of criminal law in the future.

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