Nurani Hukum : Jurnal Ilmu Hukum
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.
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<![CDATA[Philosophy Concept of Restorative Justice in Handling Juvenile Delinquent ]]>
<![CDATA[Isma Nurillah]]>;
<![CDATA[Dian Afrilia]]>;
<![CDATA[Neisa Angrum Adisti]]>;
<![CDATA[Desia Rakhma Banjarani]]>
<![CDATA[ Nurani Hukum Vol. 5 No. 2 December 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v5i2.17003
<![CDATA[Restorative justice in handling juvenile delinquent occurs because of the juvenile justice system growth. The increasing number of institutions that guarantee the rights of children in juvenile delinquent at the courts has led more implementation of the criminal justice system that applies restorative justice. Alignment between the 2000 UN declaration as the main principles regarding the use of restorative justice programs in criminal matters, the Vienna Declaration on crime and justice, the XI UN congress in 2005 on crime and criminal justice as a basis for researchers who passionate to examine how philosophical concept of restorative justice in juvenile delinquent and how the mechanism for applying restorative justice in juvenile delinquent uses normative juridical research. After conducting research, the philosophical concept of restorative justice in handling juvenile delinquent can be seen from before the rise of Law Number 3 of 1997 concerning Juvenile Court which refers to the provisions of the Criminal Code Articles 45, 46, and 47 which contain the authority of judges in making decisions regarding types of crimes, types of punishment and the length of punishment for children, Law Number 3 of 1997 concerning Juvenile Court and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In line with the philosophy of the mechanism for the application of restorative justice in handling juvenile delinquent, there are several regulations in Indonesia such as the Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System, Government Regulation Number 65 of 2015 concerning Guidelines for Implementing Diversion and Handling of Children who have not 12 years old and a certificate from the Director General of Badilum Number 1691/DJU/SK/PS.00/12/2020 dated 22 December 2020 concerning Guidelines for the Implementation of Restorative Justice in the General Courts.]]>
<![CDATA[Analysis of the Institutional Position of Military Judges Against the Independence of the Indonesian Military Courts ]]>
<![CDATA[Irwan Sanjaya Putra]]>;
<![CDATA[Niken Wahyuning Retno Mumpuni]]>
<![CDATA[ Nurani Hukum Vol. 5 No. 2 December 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v5i2.17522
<![CDATA[Application of a theory of power-sharing which is divided into executive, legislative, and judicial branches in Indonesia has been applied to achieve checks and balances between state institutions. The judiciary must stand upright in carrying out its primary duties and functions as a law enforcement agency. In the context of military justice, judges have an undeniably important role in the running of a judicial body. The position of military judges has ties between two institutions, namely the Indonesian National Armed Forces (executive) and the Supreme Court (judicial) which should be of different clumps. Judicial bodies that should be independent, uninterrupted, and intervening must be reviewed from the perspective of laws and regulations. This research uses the normative-empirical method (applied law research). The approach in question is in the form of a conceptual approach by examining the structure of the state administrative organization based on applying a theory and legislation and their implementation in the field. Military judges indirectly stand on two legs institutionally, because both the Supreme Court and the TNI have the same role in determining the career path of military judges. In that case, military judges still have great potential for intervention. Several factors affect the independence of military judges in carrying out their duties within the scope of military justice. Military judges indirectly stand on two legs institutionally, because both the Supreme Court and the TNI have the same role in determining the career path of military judges. In this regard, the military courts in Indonesia are not yet fully considered an independent judiciary. This is because several factors that have great potential in determining a judge can be intervened by another party (executive).]]>
<![CDATA[Legal Review of Corporate Crime Against Sanctions as Substitute for Fines (District Court of Serang, Banten, Indonesia) ]]>
<![CDATA[Reine Rofiana]]>
<![CDATA[ Nurani Hukum Vol. 5 No. 2 December 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v5i2.14026
<![CDATA[This study aims to examine, analyze and understand the concept of corporate criminal responsibility and the reformulation of alternative criminal penalties against corporations for unpaid fines. Several criminal cases that have been resolved at the Serang District Court until 2020 have not found a single corporation that has been tried and convicted for committing a corporate crime. The judge is only passive, the judge's authority is only to examine, hear and decide cases based on the indictment made by the public prosecutor. Return of court case files to the prosecutor's office only if the indictment does not meet material requirements. PERMA Number 13 of 2016 does not regulate if the criminal fine cannot be paid by the corporation due to insufficient or non-existent corporate assets. This research was conducted in a normative juridical manner so that the disclosure was bound by a method based on the requirements of deductive logic, prioritizing literature studies with secondary data bases, namely primary, secondary and tertiary legal materials. In terms of evidence in court, if the fact is found that the corporation should also be a legal subject who can be held criminally responsible, the public prosecutor should have made a separate indictment for the legal subject of the corporation so that the corporation does not escape its responsibility. The provisions in PERMA No. 13 of the Year should regulate corporate assets if they do not pay the fines enough or even do not have the assets to pay the fines. Law enforcement officials should investigate the assets of the corporation first.]]>
<![CDATA[Legal Protection of Minority Shareholders Through Derivative Lawsuits ]]>
<![CDATA[Adi Widjaja]]>
<![CDATA[ Nurani Hukum Vol. 5 No. 2 December 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v5i2.17115
<![CDATA[One of the principles known in legal science is the principle of “majority rule Minority Protectionâ€, this principle emphasizes that minority shareholders are considered for their interests and rights. This is because with a minority position, they tend to be less protected rights compared to majority shareholders. The legal protection of the majority shareholders is quite guaranteed, especially through the general meeting of shareholders (RUPS). While the protection of minorities this is a new thing and get less attention. The problem in this study is the regulation of legislation against minority shareholders in closed companies in Indonesia and how the legal remedies of minority shareholders related to violations of their rights. Law No. 40 of 2007 concerning Limited Liability Companies (PT Law) has stipulated that minority shareholders who are harmed due to members of the Board of directors making mistakes or negligence may file a lawsuit against the company (direct lawsuit) and file a lawsuit on behalf of the company (derivative lawsuit). This legal research used normative juridical approach. The data used were primary and secondary data which were analyzed using quantitative method. The results showed that the concept of derivative action provides a balance between effective recovery for shareholders on the one hand and on the other hand provides flexibility to the board of directors to make decisions that are free from shareholder interference. This concept is based on the principle that shareholders should not be involved in managerial matters within the company. In addition, the concept of derivative action plays a role in corporate governance, by providing a deterrent effect against members of the company's Board of directors or commissioners who commit irregularities or fraud. The court shall conduct a stage of testing or examination of errors that have been committed previously by the company concerned, if the company or the company is proven guilty then it can be summoned to a court which will thereafter be decided or tried, in court only accept and examine the derivative lawsuit, provided that the shareholders own at least 1/10 of the shares or 10% of the total number of shares with voting rights, if the commissioners and or directors make a mistake. Then it is considered effective if as long as the regulation is good and regulates certain existing or applicable laws. However, if as long as the court or shareholders see from the law does not match the existing regulations then it is said to be ineffective.]]>
<![CDATA[The Limitations of Notary Legal Liability in Indonesia towards Disputed Authentic Deeds ]]>
<![CDATA[Santa Indah Theresia Pardosi]]>
<![CDATA[ Nurani Hukum Vol. 5 No. 2 December 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v5i2.15659
<![CDATA[This study aims to determine the legal liability of a notary as a general official for doing authentic deeds when disputed in a court by the parties. The research type is normative juridical by using a law approach and a conceptual approach. The data collection technique is by studying literature in the form of primary legal materials and secondary legal materials. The data analysis technique uses a qualitative descriptive method. The result of the study shows that the notary who commits acts against the law can be sued by the parties for criminal, civil, or administrative liability. Meanwhile, the notary cannot be blamed for the disputes that arise later between the parties if the notary has acted according to the procedure. It is because the notary has only liability for the formal truth, namely in recording what was conveyed by the parties as stated in the authentic deed. A notarial deed that is not appropriate or defective will lose its authenticity, so it is only considered valid as a private deed.]]>
<![CDATA[The Legal Standing of PPKM in Banten Province (Constitutional Law Perspective ]]>
<![CDATA[Eki Furqon]]>;
<![CDATA[Qotrun Nida]]>
<![CDATA[ Nurani Hukum Vol. 5 No. 2 December 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v5i2.17116
<![CDATA[The establishment of the policy for the Implementation of Restrictions on Community Activities (PPKM) is one of the efforts to overcome the pandemic carried out by the Indonesian government. The legal basis for the PPKM policy is contained in the Instruction of the Minister of Home Affairs, which is a problem because of the pandemic situation which is a national disaster but the policies used are only regulated in the minister's instructions. Banten Province, which is included in the Java-Bali PPKM area imposed by the central government, has issued a policy containing the implementation of PPKM as stipulated in the Banten Governor's Instruction Number 1 of 2021. These problems then have an impact on the extent of the binding power of the PPKM when viewed from the legal basis, its formation is related to the hierarchical system of legislation in Indonesia. The research method used is a normative juridical research method with the aim of seeing how the normative arrangements regarding the legal position of PPKM in Banten Province are in the Indonesian constitutional system. Using secondary data such as literature and literature but also using primary data or field data as supporting data. The policy in the form of a ministry instruction in this case the Instruction of the Minister of Home Affairs regarding PPKM cannot be used to regulate matters that are comprehensive or external to the ministry itself. Therefore, the use of a Ministerial Instruction in handling Covid-19 is not appropriate because it is not a legal product in the form of a regulation that can bind all parties and have clear legal consequences.]]>
<![CDATA[Should the JCPOA be Revived? An Analysis of the Iran Nuclear Deal ]]>
<![CDATA[Yordan Gunawan]]>;
<![CDATA[Aisyah Ajeng Putri Riyanto]]>;
<![CDATA[Wandita Surya Putri]]>;
<![CDATA[Cyabriena Asela]]>;
<![CDATA[Dwilani Irrynta]]>
<![CDATA[ Nurani Hukum Vol. 5 No. 2 December 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v5i2.16776
<![CDATA[The Joint Comprehensive Plan of Action (JCPOA) is referred to as one the peaceful settlement of the international dispute in the form of a multilateral agreement restricting Iran's nuclear development in exchange for the lifting of economic sanctions. However, some issues have emerged since the agreement entered into effect. The United States withdrew from the agreement and reimposed the economic sanctions against Iran, consequently affecting Iran’s commitment to its nuclear obligations. State Parties' initiative to reinstate the agreement in its original form is invalid under international law since the issue is Iran and the United States' actions. In this research, the authors examined the termination and establishment of a new agreement as a strategy to overcome existing issues. The research methodology combines qualitative research with normative legal research. The results showed that the JCPOA is a "treaty of contract" agreement that binds only the State Parties and must be terminated because the unilateral United States withdrawal and Iran's loosening of compliance obligations effected the agreement to run out of control, preventing it from achieving its targeted purpose. After the agreement is terminated, a new agreement on Iran's nuclear program should establish in accordance with international law. ]]>
<![CDATA[Distance Education and Learning (DEL) in The Master of Law Program in Facing Challenges in The Era of Disruption ]]>
<![CDATA[Sri Wahyu Kridasakti]]>;
<![CDATA[Purwaningdyah Murti Wahyuni]]>;
<![CDATA[Megafury Apriandini]]>;
<![CDATA[Nadia Nurani Isfarin]]>;
<![CDATA[Madiha Dzakiyyah Chairunnisa]]>
<![CDATA[ Nurani Hukum Vol. 5 No. 2 December 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v5i2.17224
<![CDATA[Facing the Industrial Revolution 4.0/5.0 the development of information and communication based on the internet and digital encourages people's lives more advanced and various functions of life are more effective and efficient, the use of internet and digital media makes the boundaries that can hinder movement and distance can be removed and bring the world closer to unlimited reach. In the development of Education, it is also encouraged to be able to adapt by leaving the conventional education system to a system based on distance education and learning/DEL, in distance education and learning/DEL the education system will be carried out openly and remotely which will eliminate distance and restrictions for someone in the learning and teaching process, therefore education will be faster, efficient, precise and low cost. This research is legal research with normative juridical approach, the data used are primary data and secondary data are analyzed using quantitative analysis. The first result: the use of distance education and learning/DEL is a form of educational transformation in the face of the era of disruption, where the education system is carried out remotely using the help of instruction technology based on transformation, research, assessment, evaluation and memory subsystem with the help of internet technology. Second: distance education and learning/DEL is able to be a solution for geographical and topographical problems in Indonesia, so that anyone can achieve a master of law with the help of distance education and learning/DEL technology.]]>
