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Contact Name
Rudi Cahyono
Contact Email
rdc@pzhgenggong.or.id
Phone
+62885257274667
Journal Mail Official
ejournal@stihzainulhasan.ac.id
Editorial Address
Jl. Panglima Sudirman No. 360 Kraksaan, Probolinggo, Jawa Timur, Indonesia. Kodepos: 67282
Location
Kab. probolinggo,
Jawa timur
INDONESIA
Journal Of Political and Religious Law
ISSN : -     EISSN : 28290607     DOI : -
JUSTNESS : Jurnal Hukum dan Agama Pernyataan kode etik ilmiah merupakan pernyataan kode etik semua pihak yang terlibat dalam proses publikasi JUSTNESS: Jurnal Hukum Politik dan Agama, yaitu pengelola, editor, mitra bestari dan pengarang/penulis.
Articles 11 Documents
Penerapan Restorative Justice Dalam Penyelesaian Perkara Pidana Oleh Lembaga Penegak Hukum Di Indonesia: (Berdasarkan Nota Kesepakatan Bersama Ketua Mahkamah Agung, Menteri Hukum dan Ham, Jaksa Agung dan Kepala Kepolisian Tahun 2012) Kholidazia El HF.; Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
Publisher : STIH Zainul Hasan

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Abstract

The research on "The Application of Restorative Justice in the Settlement of Criminal Cases by Law Enforcement Agencies in Indonesia (Based on a Memorandum of Understanding with the Chief Justice of the Supreme Court, Minister of Law and Human Rights, Attorney General and Chief of Police in 2012)" aims to: 1) to know and understand decisions about the types of criminal acts that can be applied by Restorative Justice in the Memorandum of Understanding with the Chief Justice of the Supreme Court, the Minister of Law and Human Rights, the Attorney General and the Chief of Police in 2012; 2) to analyze the application of Restorative Justice carried out by Law Enforcement Agencies in Indonesia based on the Memorandum of Understanding with the Chief Justice of the Supreme Court, the Minister of Law and Human Rights, the Attorney General and the Chief of Police in 2012. This research uses normative legal research or library law research or also called literary studies with a statutory approach where it is necessary to understand the hierarchy and principles in statutory regulations. Based on the results of the study, broadly speaking, the results of this study can be concluded as follows:a. Types of Crimes That Can Be Settled Through Restorative Justice 1) The Supreme Court of the Republic of Indonesia in General Courts: Minor crimes, cases of women in conflict with the law, cases of children in conflict with the law and narcotics cases; 2) at the Indonesian Prosecutor's Office: The suspect has committed a crime for the first time, the crime is only threatened with a fine or is threatened with imprisonment of not more than 5 (five) years and the crime is committed with the value of the evidence or the value of the loss caused as a result of the crime. a criminal offense of not more than Rp. 2,500,000 (two million five hundred thousand rupiah); 3) in the Indonesian National Police: all crimes against general crimes that do not cause human victims.b. Application of Restorative Justice 1) in the Supreme Court of the Republic of Indonesia in the General Courts Environment: The application of Restorative Justice is adjusted to the type of criminal case, however, the principle of application is the same, namely by seeking peace and compensation; 2) at the Attorney General's Office of the Republic of Indonesia: by making peace efforts between the suspect and the victim; 3) in the Indonesian National Police: efforts to reconcile and settle disputes between the litigants (the reporting party, and/or the family of the reporting party, the reported party and/or the family of the reported party and representatives of community leaders) with the investigator's superiors knowing. Keyword: Law, Restorative Justice
Praktek Perjanjian Bagi Hasil Tanah Pertanian Antara Petani Pemilik Dengan Petani Penggarap Di Desa Gondosuli, Kecamatanpakuniran, Kabupaten Probolinggo: (Yuridis Empiris) Fathul Qorib; Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
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Abstract

Basically, the State of Indonesia is an agrarian country, where the land can be planted with any crops, therefore the author takes the title "Practice of Agricultural Land Production Sharing Agreements Between Owner Farmers and Cultivators in Gondosuli Village, Pakuniran District, Probolinggo Regency" which is directly related to the agreement. profit sharing from agricultural land in Gebangan Village. In writing this thesis, the author raised three problems, namely: (1). What are the Procedures, Forms and Amounts of the Profit Sharing Coefficient of Agricultural Land in Gebangan Village. (2). How are the Efforts to Improve the Fate of the Farmers in relation to the Procedures, Forms and Coefficients for Sharing Agricultural Land Yields in Gebangan Village. (3). Who usually mediates when there is a problem between the Owner Farmer and the Cultivator in Gebangan Village.The purpose of this writing is Special Purpose.Specifically, the goal to be achieved is to know the practice of sharing agricultural land in Gebangan Village, Krejengan District, Probolinggo Regency, including wanting to know the Procedures, Forms and Profit Sharing Coefficients between Owner Farmers and Cultivators, so that in the future it will be known as well. the shortcomings that exist in the implementation of the agreement, so that in the end it will be possible to take steps to improve the future of the Farmers, especially Cultivators. Where the sharecroppers are always oppressed by landowners who have a lot of capital. General PurposeIt is to develop the level of institutional scientific knowledge, in this case Educational Institutions on Campus, including policy makers in the field of Agriculture, especially those relating to efforts to advance the future of Small Farmers in Indonesia, so that with this knowledge they can be used as a guide for updating provisions. there is, with the hope that the lives of the Farmers who are actually very useful for the Indonesian Nation are better and more advanced, so that our nation can be known again as an Agrarian Country.The method of this research is using the Juridical Empirical research method in which the legal sources used are from several valid references and through direct research in the field, where the resource persons have been directly involved in the practice of this profit-sharing agreement. The results of this study are the authors can provide a little knowledge to the people who live in Gebangan Village how the procedure for the correct agricultural land production sharing agreement for owners and cultivators, which is based on Law No. 2 of 1960, the correct agreement must be in writing, there is a witness or make an agreement in front of the local village head so that the legal basis is strong, if there is fraud from one of the parties who made the agreement then it can be brought to justice because they already have strong evidence to be brought to justice, but now there are still many farmers making agreements with just words without making a written agreement so that if there is a problem you can't do anything. Therefore, the government made a law for agricultural land production sharing agreements that occurred between the owner and the cultivator, so that the land owner could not arbitrarily treat the tenant farmers, after being given an understanding of the agreement regulated by Law Number 2 of 1960, in Gebangan Village. have already entered into a written agreement.. Keyword: Constitution, Practice
Tinjaun Yuridis Terhadap Permohonan Dispensasi Nikah Anak Dibawah Umur: (Studi Penetapan Pengadilan Agama Kraksaan Perkara Nomor 0092/PDT.P/2021/PA-KRS) HA. Djazim Ma'shum; Pangestu Meyta TW
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
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Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the one and only God based on law number 1 of 1974 concerning marriage. This research is a literature study with the title "Juridical Review of Applications for Dispensation for Marriage for minors (study of the determination of the Kraksaan Religious Court) Number 0092/pdt.p/2021/pa-krs", the problems examined in this study and the objectives are first to find out , examines and analyzes what is behind the submission of a marriage dispensation application, secondly to examine and analyze how the judge's considerations in determining the application for a marriage dispensation in case number 0092/pdt.p/2021/pa-krs. In this research, using a normative juridical approach, which describes and explains what factors are behind the submission of a marriage dispensation application and then associated with the judge's considerations in determining marriage dispensation cases, so as to produce a concrete and clear understanding. From the results of this study, it can be concluded that, firstly, in general, the factors behind the filing of a marriage dispensation application are influenced by several economic factors, social limitations factors, secondly that the consideration of the Panel of Judges in determining the application for a marriage dispensation is case number 0092/pdt.p/2021/pa- krs cannot be accepted. Keyword: Marriage Dispensation, Minors
Studi Komparasi Dan Analisis Terhadap Tindak Pidana Kesusilaan Zina, Pemerkosaan Dan LGBT Dalam Perspektif KUHP Dan RKUHP 2015 Hj. Khusnul Hitaminah; Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
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Abstract

The law as we know it has three concepts that are the essence and foundation of the law itself, namely providing justice, providing benefits and certainty. Law is born, grows and develops with the community, meaning that the law undergoes a process of change at any time along with the development of people's behavior, therefore the law must be dynamic so that people are protected and their safety is guaranteed when they feel their life is threatened. One of the things that is rife in society lately is the occurrence of sexual harassment, rape and free same-sex sexual relations, all of which are troubling to us as a nation that has high civilization by upholding moral values, but it is tarnished by the rise of incidents such as illustrated above. Therefore, the law has an active role as a tool to protect and prevent that what has been described above is an extraordinary event in our country. So that peace, peace and the image inherent in our nation that upholds the honor of moral values can be guaranteed for its sustainability. Along with that, although all this research is normative, it aims to provide information to the public that the law must be dynamic and not stagnant considering that society is always dynamic along with the times, so that this research conducts a study and comparative study of the laws that apply now and in the future, which of course this is a form or manifestation of our concern and the state apparatus to ensure the safety and comfort of the community. From some of these explanations, the author takes the title "Comparative Study and Analysis of Crimes of Morality, Adultery, Rape and LGBT in the Perspective of the 2015 Criminal Code and RKUHP" with the following objectives: For the public in general, to know that the articles in the Criminal Code that regulate the issue of adultery, rape and LGBT are too specific and narrow so they need to be expanded to be more comprehensive. To let the public know that the legislative body has tried to make new breakthroughs by adding new articles in the Criminal Code regarding the rules regarding Adultery, Rape and LGBT. With the addition of articles in the new Draft Criminal Code, it is possible to contribute justice to all victims of adultery by means of violence or rape. It is also hoped that with this RKUHP people will no longer have same-sex intercourse, which is carried out freely without any sanctions for the perpetrators.. Keyword: Comparative Study, Moral Crimes, Criminal Code and RKUHP
Tinjauan Yuridis Terhadap Upaya Hukum Kasasi Jaksa Penuntut Umum Atas Putusan Bebas Pada Kasus Baiq Nuril Berdasarkan Pasal 244 Kitab Undang-Undang Hukum Acara Pidana Muhammad Zainal; Kholidazia El. HF.
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
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Abstract

All citizens are equal before the law and are obliged to uphold the law and the government with no exceptions", the quote is the content of Article 27 paragraph 1 of the 1945 Constitution. The constitution is the highest law above other laws. This article is a mandate that we must obey as citizens, so that whoever and whatever our position is, of course we must obey a rule of law without any exceptions, in order to create a sense of security and peace, because the law has a rule and principle which is the main foundation. of the law itself, namely providing a sense of justice, benefits and certainty. In the law enforcement process carried out by court agencies, the final point is a decision taken by the panel of judges, and every decision taken will certainly lead to a polemic, one party considers the decision fair and on the other side considers the decision unfair, so that the principle of Certainty of the law itself is sometimes biased. Although in essence the law functions to ensure a sense of security, order and peace in society, behind that it is not uncommon for the law to sometimes create unrest in the community, because after all the law cannot be separated from society as a legal subject, and vice versa, society cannot be separated from the law, as stated in the statement. Cicero "Ubi Societi Ibi Ius, Ibi Ius Ubi Society" where there is society there is law, where there is law there is society. This research is normative but raises a legal case that is phenomenal and viral on social media and becomes a polemic in the midst of society, as if something went wrong in its application, namely the acquittal of a defendant but was appealed by the Public Prosecutor so that it seemed contradictory. with actual legal norms and there is no legal certainty and does not provide a portion of justice as the function of the law itself, in this context the author is interested in studying it in this study so that the polemics that arise can be studied in terms of the existing rules. Because this case has attracted the attention of many people who think that the law is not in place, "the strong are immune to the law while the weak are oppressed, the law is sharp downwards but blunt upwards" statements such as. That's what often appears when the weak do not get justice. Because of the polemics that arose in this case, the author is interested in examining it in an application of the articles in the Criminal Procedure Code as a basis for providing an explanation of the cases raised in this study, as the provisions of the law are juridical normative empirical. Keyword: Yiridis Review, Cassation Legal Effort, Free Decision, Article 244 of the Criminal Code
Tinjauan Hukum Terhadap Perbuatan Melawan Hukum Atas Penguasaan Sebidang Tanah Yang Telah Mencapai Daluwarsa Menurut Kitab Undang-Undang Hukum Perdata: (Studi Putusan Perkara Nomor. 19/Pdt.G/2019/PN.KRS) Abdur Rohim; As’ad Romadhoni
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 2 (2021): Desember 2021
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Abstract

An unlawful act is an act that causes harm to another person, and requires the person who caused the loss to compensate for the loss. The fact shows that almost all cases related to land are an act against the law, namely by controlling land belonging to other people without rights. The control or ownership of a plot of land can be done in several ways, one of which is by expiry (past time).The problems studied in this research and its objectives are first to find out, examine, and analyze the provisions or legal rules governing unlawful acts over the control of a plot of land that has reached expiration according to the provisions of the Civil Code, Second to find out, examine and analyze the legal considerations of the decision. Kraksaan District Court case no. 19/Pdt.G/2019/PN.Krs.Based on the formulation of the problem and research objectives, the type of research used is juridical-normatl by using the statute approach and case approach.The results of the research in the preparation of this thesis, firstly Acts against the Law (PMH) are regulated in Article 1365 to Article 1380 of the Civil Code, Land Control / Property Rights are regulated in Article 20 paragraph 1 of Law no. 5 of 1960 Jo. Article 32 paragraph 1 of PP Number 24 of 1997 and Expiration are regulated in Article 1946-1993 of the Civil Code, the two decisions of the Judges of the Kraksaan District Court with Case Number 19/Pdt.G/2019/P N.Krs have been through appropriate legal considerations based on the facts of the trial . Keyword: Unlawful Acts, Land Tenure, Daluwama
Penerapan Pasal 138 Ayat (1) Kitab Undang-Undang Hukum Acara Pidana Terhadap Tindak Pidana Penelantaran Anak Di Kejaksaan Neger1 Kabupaten Probolinggo: (Studi Perkara Nomor: BP 1124 I XII / 2020 / Satreskrim) Anton Suryadi; Devi Maharani
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 2 (2021): Desember 2021
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Abstract

In examining case files, the legal rule that is used as the basis is Article 138 paragraph (1) of the Criminal Procedure Code which provides provisions for prosecutors to immediately examine and examine case files after being submitted by investigators within a maximum deadline of 7 days. Each prosecutor's agency also has internal regulations for the maximum time limit for researching case files. The problems studied in this study and their objectives are first to find out the process of the Probolinggo District Attorney's Public Prosecutor in giving P21 to investigators in accordance with the provisions of Article 138 paragraph 1 of the Criminal Procedure Code. Second, to find out the factors that made the public prosecutor of the Probolinggo District Attorney's Office give P21 to investigators in the case file number: BP / 124 / XII 12020 / Satreskrim.Based on the formulation of the problem and the research objectives, the method used is an empirical juridical approach, namely legal research on the regulations governing case file research based on Article 138 Paragraph (1) of the Criminal Procedure Code associated with implementation in the Probolinggo District Attorney's Office. The results of research in the preparation of this thesis, firstly, the process of researching case files conducted by the public prosecutor at the Probolinggo District Prosecutor's Office was in accordance with the provisions of Article 138 paragraph 1 of the Criminal Procedure Code, and secondly the factors that made the District Attorney's Public Prosecutor Probolinggo gave P21 to investigators in the case file number: BP 1 124 / XII / 2020 I Satreskrim is based on the formal and material completeness of the case file.. Keyword: Implementation, Article 138 Paragraph (1) KUHAP, Case File Research
Implementasi Sanksi Terhadap Para Pelanggar Protokol Kesehatan Di Masa Pandemi Covid-19 Menurut Instruksi Presiden Nomor 6 Tahun 2020: (Study Kasus Kecamatan Kraksaan Kabupaten Probolinggo) Kholidazia El HF.; Nur Aini
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 2 (2021): Desember 2021
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Abstract

Presidential Instruction Number 6 of 2020 concerning Improvement of Discipline and Law Enforcement of Health Protocols in the Prevention and Control of Corona Virus Disease 2019 (Covid-19), is a policy that has been made by the government in response to the increasing spread of the COVID-19 virus that is currently hitting Indonesia. In following up on Presidential Instruction No. 6 of 2020, the Probolinggo Regency Government stipulates Probolinggo Regent Regulation No. 62 of 2020 on Increasing Discipline and Enforcement of Health Protocol Laws in the Prevention and Control of Corona Virus Disease 2019 (Covid-19). The problems that the authors examine in this study and their objectives are to find out how legal action is taken for people who violate health protocols, secondly to determine the effectiveness of the implementation of sanctions that have been carried out by the Covid-19 Task Force of Kraksaan District. Based on the formulation of the problem and the research objectives, the method used by the author is an empirical juridical approach, namely legal research on those governing Health Protocols related to implementation by the government and the Kraksaan District Covid-19 Task Force. The results of the research in the preparation of this thesis, the first factors that cause violations of health protocols. Second, law enforcement for people who violate the Health Protocol. Third, the effectiveness of the application of sanctions for health protocol violators based on the applicable legal regulations in the Probolinggo Regency area. Keyword: Covid-19, Health Protocol, Law Enforcement Prokes
Bentuk Perlindungan Hukum Terhadap Nasabah Bank Pengguna Layanan Internet Banking Menurut Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Mohammad Dluha; Yusi Ira Ariska
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 2 (2021): Desember 2021
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Abstract

Internet Banking services in addition to providing convenience but also providing risks, there are various modes of fraud by utilizing the Internet and system failures, so that legal protection for customers can not be guaranteed, the rights and obligations of customers tend to be unclear which in turn results in problems arising from internet banking transactions. cannot be resolved properly, even sexing customers are on the disadvantaged side.So this study aims to find out how the legal protection and liability provided by the bank to customers using internet banking services in terms of Law No. 8 of 1999 concerning Consumer Protection.By using a normative juridical research method, the problem approach used is the law approach and uses secondary legal materials.The results obtained from this study are that although there are no laws and regulations that specifically regulate internet banking, in a positive legal order in Indonesia there are laws and regulations that can provide legal protection for customers who use Internet banking services, namely the Act. Law Number 8 of 1999 concerning Consumer Protection. The implementation of customer protection for internet banking service users starts from the aspect of transparency of internet banking product information, the security aspect of internet banking technology, and the aspect of the bank's responsibility for losses. However, if the bank acts against the law, the customer can file a lawsuit to the district court by proving that the bank has committed an unlawful act as stated in article 1365 of the Civil Code.. Keyword: Law number 8 of 1999 concerning Consumer Protection, Internet Banking, Internet Banking Users
Sanksi Hukum Penyelenggaraan Pesta Perkawinan Ditengah Pandemi Covid-19 Menurut Peraturan Gubernur Jawa Timur Nomor 53 Tahun 2020 Tentang Protokol Kesehatan Dalam Pencegahan Dan Pengendalian Corona Virus Disease 2019 Samsul Huda; Sofiatur Rohmah
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 2 (2021): Desember 2021
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Abstract

In the Covid-19 regulation, there are many community activities that are restricted by the government, postponed or even stopped. This pandemic situation also has implications for the implementation of marriages and has an impact on the wedding party support industry. In this Pandemic period, those who force themselves to hold wedding receptions are required to follow the rules that have been in effect and always heed the health protocols. If you do not comply and violate it, the event will be disbanded and will be subject to sanctions.To answer the above problems, the authors use normative or library research methods, namely reading and taking notes and processing research materials. So the author conducts research related to the subject matter with the source of legal material, and the research method used is normative legal research that departs from the existence of statutory regulations.The purpose of this study is to find out the forms of violations of the implementation of ceramics in the midst of the Covid-19 Pandemic, as well as the legal consequences of violating marriage parties during the Covid-19 pandemic.Marriage is a sacred thing for human life, not a few people, both young and old, want to immediately carry out a marriage or marriage contract and its reception, due to the number of community activities that are limited by the Government due to the Corona Disease 2019 virus, the implementation of wedding parties is also limited. Keyword: Offense, Marriage, Covid-19

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