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KEGENTINGAN YANG MEMAKSA DALAM PEMBENTUKAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG (PERPPU) NOMOR 1 TAHUN 2022 (STUDI MENGENAI PEMILIHAN UMUM DI PAPUA) Johny Harry Isabela Patty
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Publisher : Universitas Proklamasi 45

The primary purpose of this research is to examine and find out the causes of the concept of urgency compelling in the formation of Peraturan Pemerintah Pengganti Undang-Undang (Perppu) Number 1 of 2022 to replace Law Number 7 of 2017 concerning general elections in Papua. The approach method used is normative juridical. This approach is intended to be a type of descriptive research concerning laws. Furthermore, the specification of this research is descriptive-analytical. Methods of data collection using library research that tests the document materials and library materials used in this study. The data were analyzed qualitatively normative, namely conducting research by interpreting and constructing statements contained in statutory regulations.This research discusses the formation of government regulation in lieu of law for changes to law Number 7 of 2017 concerning general elections in Papua, considering that extraordinary policies and steps are needed to anticipate the impact of the formation of four new provinces namely South Papua, Central Papua, Papua Mountains, and Southwest Papua. It is intended that the 2024 Election will continue according to schedule and stages so as to create domestic political stability.

THE IMPACT OF THE SPECIAL GENERAL ELECTION JUDICIARY ON THE AUTHORITY OF THE CONSTITUTIONAL COURT Muslim Lobubun; Iryana Anwar
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Publisher : Universitas Proklamasi 45

This study aims to analyze the establishment of a special general election Judiciary and to analyze if the special Judiciary can take over the constitutional court’s authority in handling the electoral disputes without going through changes to Article 24-C of the 1945 Constitution especially paragraph 1. The approach applied in order to answer the problems and objectives of this research was a normative juridical approach. This study employed several approaches to legal issues including the Statutory Approach, the Conceptual Approach, and the Historical Approach. The results of this study explain that although it has been mandated in Article 157 paragraph (1-2) of Law No. 10 of 2016 on a special general election Judiciary. However, the constitutional court’s authority is still well-maintained until the 2024 general elections or amendments to Article 24-C to such an extent that it concerns electoral disputes. The constitutional authority cannot be transferred immediately to the Special Courts according to Articles 156 and 157 of Law No. 10 of 2016 because there is no amendment to Article 24-C. Therefore, the constitutional court’s authority is still well-maintained until the special court is regulated by a special law.

JHCJ Editorial, Vol. 1 No. 2, November 2021 Halaman Editorial
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Publisher : Universitas Proklamasi 45

Jurnal Hukum Caraka Justitia merupakan jurnal ilmiah berkala yang diterbitkan oleh Fakultas Hukum Universitas Proklamasi 45 Yogyakarta dua kali dalam satu tahun. Jurnal ini dimaksudkan untuk mengumpulkan tulisan ilmiah, ringkasan hasil penelitian, resensi buku, atau ide-ide orisinal yang baru terkait dengan kajian ilmu hukum. Redaksi mengundang para pakar, praktisi, atau siapa saja yang memiliki kepedulian besar terhadap perkembangan ilmu pengetahuan di bidang hukum untuk mengirimkan karya-karyanya.

PEMBAHARUAN DAN PROGRESIF DALAM EKSISTENSI PEMBINAAN HUKUM ISLAM SERTA PRANATA SOSIAL Muh Alfian
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Publisher : Universitas Proklamasi 45

Islamic law has always been defined as a law that is religious and sacred, which replaces a durable law. Among the interesting questions about the adaptation of Islamic law with social developments that often occur at the base of questions concerning human beings before the sharia text. The consideration is: can Islamic law be developed by human reason or Islamic law is only taken eternally determined by God with what Islamic legal principles can be changed by social change? What developments in Islamic law can affect social change?In the course of its history, Islamic law is a dynamic and creative force, this can be seen from the instructions of the Prophet Muhammad to his friends in dealing with the sociological reality of the people at that time. But after the Prophet Muhammad died, new problems began to emerge. At the time of the ijtihad friends began to be promoted so that various interpretations emerged, the legal practice fatwa that was exemplified by the Messenger of Allah, was considered not only as a legal decision of a judge in a court of law, but also as a guide in solving problems.Society with a variety of dynamics that exist requires social change, and every social change generally requires a change in the value system and law, To oversee Islamic law remains dynamic, responsive and has a high adaptability to the demands of change, is to revive and revive the spirit berijtihad among Muslims. In this position ijtihad is an inner dynamic for the birth of change to oversee the ideals of the universality of Islam as a system of teachings that shalihun li kulli times eat. Muslims are fully aware that the source of normative-textual law is very limited in number, while new cases in the field of law are unlimited.From this explanation, it can be concluded that: firstly, Islamic law can be developed through the power of human reason, because the verse itself contains qaṭ’ī and ẓannī. Second, the tool that can be used by humans in developing Islamic law is ijtihad by using a ratio that is equipped with scientific methodological tools so that the results obtained can be justified scientifically.

MENEMUKAN KONSEP IDEAL HUBUNGAN PUSAT DAN DAERAH DALAM BINGKAI NEGARA KESATUAN REPUBLIK INDONESIA Ahmad Afandi; Udiyo Basuki
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Publisher : Universitas Proklamasi 45

Indonesia is a unitary state or negara kesatuan. One of the characteristics of a unitary state is the concentration of all forms of policy on the central government. In other words, the central government has very broad authority in regulating policies in the regions. On the other hand, policies that tend to be more centralized can cause injustice to diversity in the regions, especially for Indonesia, which is geographically an archipelagic country that has very diverse customs and cultures, so the needs in each region are very complex.Therefore, this paper offers a system of residual asymmetric decentralization that can be applied in Indonesia by rigidly dividing the authority of the central and regional governments. Such a division of authority is an urgent matter so that there is no longer any authority overlap between the central and regional governments. Besides that, the distribution of authority in this way can also further emphasize the characteristics of decentralization within the framework of the Unitary State of the Republic of Indonesia.

PERLINDUNGAN HUKUM BAGI NASABAH DAN BANK TERHADAP TINDAK KEJAHATAN BERBASIS TEKNOLOGI INFORMASI (CYBER CRIME) Benedictus Renny See
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Publisher : Universitas Proklamasi 45

Banks as intermediary institutions and trust institutions as the driving force of a country's economy, in their activities, cannot be separated from the use of information technology to support their operations. The use of information technology by banks in addition to having a positive impact also has a negative impact that will threaten and harm the bank and its customers, if not managed properly. Banking crimes that use information technology, especially against bank products and services that use computers and internet networks (Cybercrime) will cause losses to customers and the bank itself.This research is normative juridical research that is descriptive-analytical with a case approach to identify and analyze forms of crime in the banking world and the efforts made by the government CQ. financial authorities in providing legal protection for customers and banks from criminals who use information technology.The results of this study indicate that cybercrime is a crime using information technology that can be carried out without recognizing territorial boundaries and no direct interaction between perpetrators and victims of crime is required; so that the government, as well as the monetary authority (BI) and the Financial Services Authority (OJK) as supervisors in the financial and banking sectors, need to protect the public (customers) and banking institutions, namely by taking preventive and repressive actions by implementing existing laws and regulations and coordinating with law enforcement officers in preventing the occurrence of Cybercrime and providing severe penalties for the perpetrators of these crimes.

Perlindungan Anak Sebagai Korban Eksploitasi Seksual Rika Bherta
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Publisher : Universitas Proklamasi 45

Children are not adults in miniature, they need the support and protection of adults, families, communities, governments, and countries. adult girls who are victims of child exploitation and their rights as children have been taken away. Methods The research was carried out by library research using primary legal materials and secondary legal materials. The research method used was doctrinal research or literature research with qualitative methods presented descriptively.The results of this study indicate that repressive legal protection is to apply article 66 of Law Number 35 of 2014 concerning Child Protection through the dissemination and/or socialization of the provisions of laws and regulations relating to the protection of economically and/or sexually exploited children, monitoring, reporting. , and the imposition of sanctions; and the involvement of various companies, trade unions, non-governmental organizations, and the community in the elimination of economic and/or sexual exploitation of children. While preventive protection is the State, Government, Regional Government, Community, Family, and Parents or Guardians are obliged and fully responsible for the implementation of Child Protection.

JHCJ Editorial, Vol. 3 No. 1, Mei 2023 Halaman Editorial
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Publisher : Universitas Proklamasi 45

Jurnal Hukum Caraka Justitia merupakan jurnal ilmiah berkala yang diterbitkan oleh Fakultas Hukum Universitas Proklamasi 45 Yogyakarta dua kali dalam satu tahun. Jurnal ini dimaksudkan untuk mengumpulkan tulisan ilmiah, ringkasan hasil penelitian, resensi buku, atau ide-ide orisinal yang baru terkait dengan kajian ilmu hukum. Redaksi mengundang para pakar, praktisi, atau siapa saja yang memiliki kepedulian besar terhadap perkembangan ilmu pengetahuan di bidang hukum untuk mengirimkan karya-karyanya.

KEWENANGAN PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 85/PUU-XX/2022 Geofani Milthree Saragih
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Publisher : Universitas Proklamasi 45

Indonesia is a country that upholds people's sovereignty which is carried out based on law, this is confirmed constitutionally in Article 1 paragraph (2) of the 1945 Constitution. In electing leaders, the people are allowed to determine them directly, namely through an election process. At the regional level, there are Regional Head Elections (Pilkada). Initially, the Supreme Court had the authority to resolve regional election disputes as emphasized in Article 106 paragraph (1) of Law Number 32 of 2004 concerning Regional Government. In its development, this authority was transferred to the Constitutional Court with the passing of Law Number 12 of 2008 concerning the Second Amendment to Law Number 32 of 2004 concerning Regional Government. Then, the authority of the Constitutional Court in deciding disputes over regional head election results was declared unconstitutional through Constitutional Court Decision Number 97/PUU-XI/2013. However, in the end, the Constitutional Court again took over the authority to resolve regional election disputes through Constitutional Court Decision Number 85/PUU-XX/2022. In this study, we will discuss the authority to resolve regional election disputes while still at the Supreme Court. Then, the following discussion examines the discourse on forming a particular judicial body in resolving regional election disputes. The final debate will examine the authority to resolve regional election disputes of the Constitutional Court from when it was still a temporary authority until it became a permanent authority after Constitutional Court Decision Number 85/PUU-XX/2022.

Posisi Agama dalam Konstruksi Negara Republik Indonesia Berdasarkan Pancasila dan UUD 1945 Sukirno Sukirno
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Publisher : Universitas Proklamasi 45

This paper discusses the position of religion and the implementation of its teachings in the construction of the Republic of Indonesia based on Pancasila and the 1945 Constitution. Pancasila as the fundamental basis for the Republic of Indonesia makes the principle of 'Ketuhanan Yang Maha Esa' or translated as 'belief in the one and only God' as the main basis that animates the other four principles. As a consequence, the Republic of Indonesia must accept and put the values of the belief in the one and only God which is expressed in religious teachings, in all activities of the society, both in the private and in the public-country domain. In the private sphere, the state guarantees and protects citizens to embrace religion and worship based on religious teachings and beliefs. In the public sphere, the country gives an important religious position by placing religious values as the material source of all positive legal rules and as the ethical and moral foundation in the life of the nation and country hood. Also, the country must accommodate openly, freely, fairly, and in balance with religious-patterned aspirations to take part in country politics through social organizations and political parties. Religion does not integrate (fusion) into the country, but also the country does not separate from religion.

Home Page

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Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Albertus Drepane Soge

Contact Email
albertus.soge@up45.ac.id

Phone
+62274485517

Journal Mail Official
caraka.justitia@up45.ac.id

Editorial Address
Jl. Proklamasi No. 1 Babarsari, Caturtunggal, Depok, Kab. Sleman, Daerah Istimewa Yogyakarta 55281

Location
Kab. sleman,

Daerah istimewa yogyakarta

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Albertus Drepane Soge

Contact Email albertus.soge@up45.ac.id

Phone +62274485517

Journal Mail Official caraka.justitia@up45.ac.id

Editorial Address Jl. Proklamasi No. 1 Babarsari, Caturtunggal, Depok, Kab. Sleman, Daerah Istimewa Yogyakarta 55281

Location Kab. sleman, Daerah istimewa yogyakarta INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Albertus Drepane Soge

Contact Email
albertus.soge@up45.ac.id

Phone
+62274485517

Journal Mail Official
caraka.justitia@up45.ac.id

Editorial Address
Jl. Proklamasi No. 1 Babarsari, Caturtunggal, Depok, Kab. Sleman, Daerah Istimewa Yogyakarta 55281

Location
Kab. sleman,

Daerah istimewa yogyakarta

INDONESIA