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INDONESIA
KHAIRUN LAW JOURNAL
Published by Universitas Khairun
ISSN : 25809016     EISSN : 25811797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Khairun Law Journal (KLJ) is an official journal of Faculty of Law, Khairun University. KLJ published semi-annualy in September and March. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in KLJ is deal with a broad range of topics, including:Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Agrarian Law; Adat Law; and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 67 Documents
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FULFILLMENT OF WOMEN'S AND CHILDREN'S RIGHTS IN THE IMPLEMENTATION OF HUMAN RIGHTS CARE CITIES IN THE CITY OF TERNATE muhaimin limatahu; fathurrahim faturrahim; Sri Indriyani Umra
Khairun Law Journal Vol 6, No 1 (2022): September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5635

Abstract

Efforts to develop cities that care about human rights are a growing response from the movement to restore city sovereignty to its citizens. The state, including the government, supported by the National Human Rights Commission, is trying to apply this idea in Indonesia. The role of local government is very important in supporting efforts to develop cities that care about human rights. Of these problems, the focus of the research is whether the fulfillment of the rights of women and children in Ternate City meets the criteria of a city that cares about human rights and what is the role of the Government of Ternate City in fulfilling the rights of women and children in Ternate City. The human rights movement in Indonesia has begun to launch a new discourse, cities concerned with human rights (human rights cities). One of the interests in studying this issue is to widen the scope of state obligations that are not solely borne by the central government, but also local or regional governments. It is in this context that the role and position of regional leaders is very important. They have the discretion to organize and manage the city government as well as mobilize and invite city residents to be involved in human resource development programs through cities that care about human rights.
INDONESIAN EMPLOYMENT INSURANCE: A POLICY REVIEW imran syuaib; Martin Lumeo Harima; Tranc Dinh Puon; Aida Fitriani; Markotib Markotib
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5433

Abstract

Insurance is considered a very useful form of defense, and can avoid risks in carrying out work or other activities. During activities, of course, there are risks and dangers that can occur, such as the risk of dismissal, work accidents, disability and even deathRisk is uncertainty in an ongoing activity (whether it is work or something outside of work). Another definition of risk is loss or the possibility of loss. Risk is divided into three parts, namely: financial risk, operational risk, and pure risk. To cover risk, an insurance is important and neede
DEVELOPMENT OF HUMAN RIGHTS COURT FROM TIME TO TIME IN LAW ENFORCEMENT IN INDONESIA Seno Aji Suryaningrat
Khairun Law Journal Vol 6, No 1 (2022): September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5637

Abstract

Court of Human Rights is a special court below the General Court that located in the Regency/City which jurisdiction includes in its District Court. The authority of the Court of Human Rights is tasked to examine and rule on cases of human rights violations, investigate and adjudicate serious violations of human rights which heavily committed outside the territorial boundaries of the Republic of Indonesia by an Indonesian citizen. Court of Human Rights, which adjudicate cases of gross human rights violations in East Timor Polls Post-defendants have been executed by both military and civilian, and was decided by the Court of Human Rights under law No. 26 Year 2000 regarding Human Rights Court
HEALTH INSURANCE FOR WORKERS IN PANDEMIC TIME syahrindra devi
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5634

Abstract

The current Covid-19 (Coronavirus Disease-19) pandemic has become a challenge and also a new problem. The pandemic that has been going on for more than a year has had a significant impact on many lines of human life. The purpose of this paper is to find out the efforts made by the government in order to ensure the health of workers during a pandemic. This study uses a normative juridical approach, because it uses secondary data as the main data. Data collection was carried out through a literature study, which is a data collection technique that was carried out through a literature study as literature which can provide a theoretical basis relevant to the issues to be discussed. Based on data reported by the Ministry of Manpower, there are 2.8 million workers directly affected by Covid-19. They consist of 1.7 million formal workers laid off and 749.4 thousand laid off (Labor). However, it was unlucky for the company to terminate the employment relationship, arguing that it was "force majeure". With this statement, companies must protect and guarantee the needs of workers/laborers in accordance with the constitutional mandate. In addition to the government providing efforts through regulations related to workers' health insurance, in the context of the Covid-19 pandemic, the government is trying to provide health protection for workers through tactical matters, namely Work From Home and the application of the principle of Social Distancing based on regulations on large-scale social restrictions in work environment..
SOCIAL SECURITY PROCEDURES FOR WORKERS POST WORK ACCIDENT asri pulserimia
Khairun Law Journal Vol 6, No 1 (2022): September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5612

Abstract

Manpower is an important component for the realization of successful development, during the working period of the workforce must be maintained and respected for their rights, both the rights that are inherent in them since they were born, namely human rights or their rights while at work. The existence of human rights and rights attached to workers from work creates an obligation for those who employ them to provide social security for their workers, in the form of protection, maintenance and improvement of welfare. Social Security, one of which can be in the form of work accident insurance, considering that an accident is something that cannot be calculated, however, there is a clear difference between an accident and a work accident, both in terms of the type of accident, the time it occurred, the place where it occurred, the people affected, and the consequences. With this, social security can provide certainty and understanding for workers who experience work accidents through social security procedures for workers after work accidents.
IMPLEMENTATION OF THE MOU HELSINKI ON CRIMINAL LAW POLICY IN NANGGROE ACEH DARUSSALAM (NAD) Sekar Langit Jatu Pamungkas; Denmark Erlangga Putra; Valiantnuja Washfaa Yunandeva; Akbar Fahrudin Malik; Nur Faishal Luqman
Khairun Law Journal Vol 5, No 2 (2022): Maret 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v5i2.5437

Abstract

Aceh, as one of the autonomous regions in the context of the Unitary State of the Republic of Indonesia, in the practice of implementing Local Government, repeatedly not only positions the type and hierarchy of laws and regulations following Law No. 12 of 2011 on the Establishment of Laws and Regulations but also positions the Helsinki MoU as one of the legal sources. The thing that is the practice in this writing is related to how the implementation of the Helsinki MoU in criminal law policy in Aceh. Research methods are conducted with normative legal research methods and prescriptive research. Data collection in this study is done through literature research. Data analysis is done with qualitative analysis; the process of data analysis and using legal data is also possible to use non-legal data. This study showed that after the MoU of peace between the Indonesian government and GAM was marked on August 15, 2005, in Helsinki, Finland, 24 governments then passed Law No. 11 of 2006 on the aceh government. This law is a political commitment of the Indonesian government in following up on the results of the peace agreement in Helsinki. One of the authorities (autonomy/self-government) granted in the law is to implement Islamic sharia in Aceh in a kaffah both in terms of worship, education, muamalat, shiar, civil law, and criminal law. While implementing the Helsinki MoU is, the regulation related to Jinayat (Criminal Law) has strengthened. Other judicial institutions are also concerned about implementing criminal law in Aceh, although the rules about Criminal Law still cause debate.
CONTROVERSY OF THE ELECTRONIC INFORMATION TECHNOLOGY LAW syafri madyo utomo; Esmenov Kiromaciva
Khairun Law Journal Vol 6, No 1 (2022): September 2022
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i1.5614

Abstract

Laws or legislation are laws that have been passed by the legislature or other elements of resistance. Before being enacted, the law is referred to as a draft law. Laws serve to be used as authority, to regulate, to recommend, to provide funds, to punish, to grant, to declare, or to restrict something. A law is usually proposed by members of the legislature, for example members of the DPR, the executive, for example the president, and then discussed among members of the legislature. Laws are often amended before they are passed or may also be rejected. Law is seen as one of the three main functions of government which derives from the doctrine of separation of powers. The group that has the formal power to make legislation is known as legislators who make laws, while the judiciary of the government has the formal power to interpret legislation, and the executive branch of government can only act within the limits of the powers set by statutory law.
LAW ENFORCEMENT OF LAND GRACE robert lengkong weku; Andika Adhyaksa
Khairun Law Journal Vol 6, No 2 (2023): MARET 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6293

Abstract

This study aims to analyze legal protection for acts of land grabbing and to analyze the prevention and handling of acts of land grabbing. The type of research used is normative legal research, relying on and using library data, namely secondary data in the field of law. The technique of obtaining legal materials is by means of library research by collecting legal materials by reading, quoting, recording and understanding various legal literature and laws. The results of the study show that 1) The legal provisions themselves have accommodated land grabbing in both criminal and civil aspects. 2) Enabling legal sanctions in forcing someone's obedience to the law as above contains aspects of prevention and enforcement aspects.
LEGAL ANALYSIS OF APBDES CAPACITY IN INCREASING THE PRODUCTIVITY OF THE MARITIME ECONOMY IN SOUTH HALMAHERA DISTRICT muhammad amin hanafi; imran ahmad; Nurlaila Kadarwati Pupulawa
Khairun Law Journal Vol 6, No 2 (2023): MARET 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6511

Abstract

The role of the fisheries sector is very large in Morotai Island Regencymust be utilized as much as possible for the prosperity of society. So far, many fishery products have been stolen by foreign fishing boats. By opening up investment for fishing companies, diversifying the utilization and processing of marine products as well as providing assistance to local fish entrepreneurs and providing fishing gear assistance to fishermen is one of the solutions for the development of the fisheries sector in South Halmahera Regency which can be planned for the future.The research method used in this study is the normative legal research method as material to initiate researchers in carrying out an inventory of statutory approaches (statute approach), comparative law (comparative approach), and case studies (case approach). The characteristics of this study fully use secondary data, consisting of primary legal materials; secondary legal materials; as well as tertiary legal materials. The results of the research show that in practice, the development of maritime potential in South Halmahera Regency experiences various challenges and opportunities. Efforts to deal with these obstacles include moderating stakeholders to analyze and describe what is best for the development of maritime potential in South Halmahera Regency, North Maluku Province. It is very important to equate perceptions and common interests so that the policies that are being implemented can run well until the end. Carrying out bureaucratic reform by summarizing the administrative system, including mobile bureaucratic services, both at sea and on land by using boats/ships that are connected to services and the internet so that it makes service easier for the community. Next is to open up investment opportunities as wide as possible so that investment can come easily to the Bintan Regency area. With easy investment into then indirectly. will improve the economy of the people in South Halmahera Regency itself.The capital aspect can be overcome by providing financial assistance to fishermen. It can be in the form of distributing people's business credit, direct investment, CSR of large companies, or through fishing cooperatives where the government provides the widest possible capital assistance in the form of capital equipment and operational equipment such as boats, boat engines, nets, bait, navigational equipment, environmentally friendly technology, fuel, and processing plants and fish auctions which result in destructive fishing.
LEGAL SECURITY OF OWNERSHIP OF LAND CERTIFICATES POST EXCHANGING FOREST AREA FOR RESIDENTS RELOCATION IN NGROTO DUSUN, WONOGIRI, CENTRAL JAVA yusse putri ganadi; Nunik Nurhayati; Rizka Rizka; Moh Indra Bangsawan; Michel Lee Tranh
Khairun Law Journal Vol 7, No 1 (2023): SEPTEMBER 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v7i1.6805

Abstract

This study aims to discuss the description of the implementation process of exchanging forest areas for the relocation of residents and legal certainty of ownership of community land certificates after the relocation of community forest area exchanges in Dusun Ngroto. The research method used in this research is juridical-empirical descriptive by using qualitative data analysis methods to review literature and events that actually occurred through observation and interviews. The research location is in Ngroto Hamlet, Pare Village, Selogiri District, Wonogiri Regency. The results of the discussion found that 1 )The background to the relocation was due to the fact that in March 1999 in the Ngroto Hamlet area a landslide occurred resulting in as many as 43 family cards (115 people), supporting factors for relocation including social relations, economy, community involvement and participation with the government while the inhibiting factors are infrastructure, policies that underlie relocation based on humanitarian considerations. 2) Legal certainty of ownership of land certificates after the relocation residents have not obtained the rights to the land they occupy regarding evidence of land certificates, the Wonogiri Regency Government is in the process of eliminating the land ownership rights of residents who have been victims of the landslide disaster 11.66 Ha (Eleven and Sixty Six One Hundred Hectares) with a replacement land obligation of 13.11 Ha (Thirte

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