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Kajian Ilmiah Hukum dan Kenegaraan
Published by Goodwood Publishing
ISSN : -     EISSN : 30252539     DOI : https://doi.org/10.35912/kihan
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Kajian Ilmiah Hukum dan Kenegaraan (KIHAN) is a peer-reviewed journal that publishes quality papers in the fields of law and state. KIHAN aims to become a credible source related to law studies and mediates academicians, researchers, and practioners in dissemination their findings and ideas to solve various law and state issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 24 Documents
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Studi Perbandingan Alat Bukti Saksi dalam KUHAP dan KUHAP Islam Aisyah Aisyah; Azharuddin Azharuddin; Said Rizal; Suhaila Zulkifli
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 1 (2022): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i1.1338

Abstract

Purpose: of the study is to provide knowledge and comparative analysis of witness rules in the burgerlijk wetboek/civil procedural law in Indonesia and Islamic civil procedural law as well as to provide a comparison of witness arrangements in the burgerlijk wetboek/civil procedural law in Indonesia and the burgerlijk wetboek/Islamic civil procedure law. Result: Civil procedural law makes witnesses not perfect evidence. However, for the religious court in the case of divorce, the witness seems to have the same power as a letter, even thought in principle it is different. Contribution: This condition seems to make civil procedural law in the Islamic religious court the same as the law stipulated in the Quran&Hadith. Where as civil procedural law in Indonesia is the same between state and religious courts.
Penerapan Kualifikasi Penyalahguna, Pecandu dan Korban Penyalahgunaan Tindak Pidana Narkotika demi Mewujudkan Nilai Keadilan Dollar Dollar; Khairul Riza
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 1 (2022): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i1.1340

Abstract

Purpose: to determine the qualifications of abusers, addicts and victims of narcotics crime abuse, and to find out the application of the qualifications of abusers, addicts and victims of narcotics crime abuse in order to realize the value of justice. Method: used is normative juridical research through literature study with an approach to legislation and books. And also supported by empirical juridical research conducted through a series of field interviews with respondents and informants. Results: The research are the regulation of the qualifications of abusers, addicts and victims of narcotics crime abuse, which is regulated in Law Number 35 of 2009 concerning Narcotics and clarified by the Circular Letter of the Supreme Court of the Republic of Indonesia Number 4 of 2010, there is a clear difference and can be proven through a process. medical or testing of Narcotics users which shows whether there is a high dependence on Narcotics or vice versa. The application of qualifications for abusers, addicts and victims of narcotics crime abuse in order to realize the value of justice has not run optimally because there are still many perpetrators in narcotics crime cases, the qualifications are not distinguished between abusers, addicts and victims so that the imposition of imprisonment on anyone who becomes a defendant does not seem worth justice. Limitation: In addition, the application of qualifications for abusers, addicts and victims of narcotics crime is very necessary to provide a sense of justice in achieving legal goals, to provide appropriate punishments, to optimize law enforcement, and to be able to assist in the arrest of the main perpetrators so that the chain of narcotics circulation itself can be broken.
Analisis Yuridis Penegakan Hukum Tindak Pidana Pemalsuan Dokumen Sertifikat Vaksin Covid-19 Fitria Anggraini; Laily Washliati; Christiani Prasetiasari
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 1 (2022): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i1.1713

Abstract

Article 263 Paragraphs (1) and (2) of the Criminal Code, and Article 35 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) regulates the crime of falsifying vaccine certificate documents. However, in Batam City there are still many criminal acts of falsifying vaccine certificate documents. In the Barelang Police, there are several criminal cases of forgery of vaccine certificate documents carried out by law enforcement. Purpose: The purpose of writing this thesis is to find out the legal arrangements for the criminal act of counterfeiting the Covid-19 vaccine certificate document, and to find out law enforcement, obstacles and solutions in dealing with the criminal act of counterfeiting the Covid-19 vaccine certificate document. Results: The results of the study show that legal arrangements for the criminal act of falsifying Covid-19 vaccine certificate documents are regulated in the Criminal Code, and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, as well as Law Number 4 1984 concerning Epidemic of Infectious Diseases which regulates criminal sanctions for makers of fake health documents and users of fake health documents may be sentenced to a maximum imprisonment of 9 (nine) years and/or a maximum fine of Rp. 3,000,000,000.00 (three billion rupiahs). Law enforcement in dealing with the criminal act of falsifying Covid-19 vaccine certificate documents has not run optimally, because those who are subject to penalties are imposed on the maker while the user of the vaccine certificate is not responsible. Limitations: The obstacles faced by the police in dealing with the criminal act of falsifying the Covid-19 vaccine certificate document are the forgery of the Covid-19 vaccine certificate is carried out in a structured and massive manner, the number of participants for the Covid-19 vaccine is very high, and the legal awareness of the public is low on the importance of vaccines. Contributions: The solution that can be taken by the police in dealing with the crime of falsifying Covid-19 vaccine certificate documents in Batam City is to improve coordination between the police and health workers, improve the performance of police officers in handling vaccine certificate counterfeiting, and increase socialization to the public about the importance of vaccines.
Analisis Penegakan Hukum terhadap Perusahaan Pers yang Tidak Berbadan Hukum Agus Siagian; Khairul Riza; Irpan Husein Lubis
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 1 (2022): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i1.1867

Abstract

Purpose: To find out law enforcement against press companies that are not legally incorporated, find out the obstacles and efforts made against law enforcement for press companies that are not legally incorporated. Method: The method used is empirical legal research, by conducting observational research in the field by seeking information through interviews. And also supported by normative research with literature studies. Result: The results of the study show that law enforcement against press companies that are not legal entities in Batam City has not run optimally criminally, civilly or in state administration, there are still many press companies that are not legally incorporated working to disseminate information on news coverage in Batam City. Obstacles in carrying out law enforcement for press companies that are not legal entities in Batam City are weak supervision from the authorities, lack of outreach from the press council, the lack of strict sanctions imposed by the press council, and no party reporting. Efforts are being made to overcome these obstacles, namely, increasing supervision from the press council, increasing socialization of the negative impacts of press companies that are not incorporated, increasing the work function of the press council with journalist organizations, and increasing the performance of journalist organizations in controlling journalists who work in under an unincorporated press company.
Relevansi Penerapan Teori Hukum terhadap Perlindungan Nasabah Perbankan yang Dirugikan oleh Transaksi Internet Banking (Analisis Teori Hukum Positif dan Teori Utilitas) Ardyansyah Yacob; Idham Idham; Erniyanti Erniyanti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 1 (2022): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i1.1906

Abstract

Purpose: The purpose of writing this journal is to find out the legal arrangements for the protection of banking customers who are harmed by internet banking transactions, and to know the relevance of the application of legal theory to the protection of banking customers who are harmed by internet banking transactions. Method: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that the legal arrangements for protecting banking customers who are harmed by internet banking transactions are regulated in Law Number 8 of 1999 concerning Consumer Protection, Bank Indonesia Regulation Number 10/10/PBI/2008 concerning Settlement of Customer Complaints, Regulations of the Financial Services Authority Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector, and Bank Indonesia Circular Letter Number 9/30/DPNP concerning Implementation of Risk Management in the Use of Information Technology by Commercial Banks. The relevance of the application of legal theory to the protection of banking customers who are harmed by internet banking transactions. The application of law through legal theory in Indonesia from the perspective of philosophy of science can be seen from the legal protection that occurs. Legal protection as an effort to uphold justice, customers can claim compensation from the bank if there is a system error caused by an internet banking transaction, but this provision does not apply if the error is caused by the act or omission of the customer and the bank is required to warn customers about the risks of using the internet banking
Perlindungan Hukum terhadap Anak yang jadi Korban Prostitusi demi Mewujudkan Nilai Keadilan Rudy Tarigan; Idham Idham; Erniyanti Erniyanti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 1 (2022): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i1.1907

Abstract

Purpose: The purpose of this study is to determine the legal protection of children who are used as prostitution according to positive law in Indonesia, and the obstacles and efforts to protect the law against children who are used as prostitution. Method: The method used is empirical juridical research, namely research through a series of field interviews with respondents and informants. Besides that, it also uses normative research, namely research through library research. Result: Legal protection for children who are used as prostitution according to positive law in Indonesia is regulated in the Child Protection Act, the Law on Trafficking in Persons and the Law on the Protection of Witnesses and Victims which includes the provision of rehabilitation, supervision, and the provision of strict sanctions against perpetrators . Obstacles to legal protection for children who are used as prostitution in Batam City are that there are no specific legal arrangements regarding child prostitution, a lack of special escort personnel for child victims of prostitution, and a lack of human resources in the field of children. Conclusion: Efforts to overcome this are utilizing existing legal provisions, increasing coordination and cooperation with agencies related to children, and maximizing the performance of existing officers.
Analisis Yuridis Proses Penyidikan Tindak Pidana Terorisme menurut Hukum di Indonesia: Analisis Teori Hukum Positif dan Teori Hukum Responsif Raja Zailani; Idham Idham; Erniyanti Erniyanti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 2 (2022): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i2.1908

Abstract

Purpose: The purpose of writing this journal is to find out the legal arrangements for investigating criminal acts of terrorism according to Indonesian law, and to find out the obstacles and efforts to investigate criminal acts of terrorism according to Indonesian law. Method: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that the legal arrangements for investigating criminal acts of terrorism according to Indonesian law, namely that criminal acts are strictly and specifically regulated in the Terrorism Law and are also regulated in general by the Criminal Code, however, the investigation process is not specifically regulated in the Terrorist Law. Therefore, the procedural law, starting from the investigation process to the decision of the Court, is still regulated in the Criminal Procedure Code. Obstacles to investigating terrorism crimes according to law in Indonesia are that investigators always have difficulties in finding initial evidence, examining perpetrators who feel they are in the right position, perpetrators are suspected of having psychiatric disorders, low education of perpetrators, and the attitude of perpetrators of criminal acts of terrorism who insist not commit acts of terrorism. Conclusion: The implementation efforts that can be made are that the investigator continues to detain and confiscate evidence, the investigator asks for help from doctors for perpetrators who are mentally ill, the investigator carries out extensive interpretations by expanding the meaning of the words contained in the Terrorism Law against perpetrators with low education.
Analisis Yurudis Proses Penyidikan Tindak Pidana Kekerasan Seksual Menurut Hukum di Indonesia: Analisis Teori Hukum Positif dan Teori Hukum Responsif M. Bakti Saleh Silaban; Idham Idham; Erniyanti Erniyanti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 2 (2022): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i2.1912

Abstract

Purpose: The purpose of writing this journal is to find out the legal arrangements for investigating sexual violence criminal offenses according to law in Indonesia, and knowing the obstacles and efforts to investigate criminal acts of sexual violence according to law in Indonesia. Method: The method used is a nomative approach through literature study, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results showed that, the legal regulation of the investigation of sexual violence criminal offenses according to law in Indonesia, namely the criminal acts set firmly and specifically in the Criminal Act of Sexual Violence and also generally regulated by the Criminal Code, but for the investigation process is not specifically regulated in the law -Criminal Acts of Sexual Violence, therefore the law of the event starts from the investigation process to the determination of the court's decision to be regulated in the Criminal Procedure Code. And juridical analysis The process of implementing criminal acts of sexual violence according to law in Indonesia was initially not effective because there was no appropriate legal umbrella and specifically regulating sexual harassment. Conclusion: With a special enlightened regulation of sexual violence, namely Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, it is expected to protect the victims and become legal umbrellas or legal standing for the police who will handle cases like this, and the perpetrators can given a more deterrent effect so that these cases are reduced even more prevented to occur.
Analisis Teori Hukum Positif dan Teori Sistem Hukum terhadap Perbuatan Tidak Melaporkan Pelaku Penyalahgunaan Narkotika Andry Yosep Manalu; Idham Idham; Erniyanti Erniyanti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 2 (2022): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i2.1913

Abstract

Purpose: The purpose of writing this journal is to find out the legal consequences for parent's who do not report narcotics addicts to law enforcement officials, and to know law enforcement efforts in increasing parent's awareness to report narcotics addicts. Methodology: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that, due to legal consequences for parent's who do not report narcotics addicts to the authorities, that person can be subject to criminal sanctions in the form of imprisonment for a maximum of 6 (six) months or a fine of up to Rp. 1,000,000.00 (one million rupiah). Law enforcement efforts in increasing parent's awareness to report narcotics addicts in Batam City are repressive actions by strictly enforcing the law for anyone involved in narcotics crimes, preventive actions through socialization and working with village officials to increase supervision of narcotics circulation, and persuasive actions by providing formal and non-formal education to the wider community to stay away from and work together to eradicate narcotics which can damage the future of the nation's generation.
Reformulasi Sanksi Pidana bagi Pelaku Eutanasia dalam Hukum Pidana Indonesia Roli Pebrianto
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 2 (2022): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i2.1925

Abstract

Purpose: To find out about eutanasia from the perspective of legal protection and human rights; as well as criminal law policies related to sanctions for eutanasia perpetrators in Indonesia. Research Methodology: The method used in this research is normative legal research, while the approach used is a statute approach, namely the Indonesian Criminal Code. Results: Prison sentence arrangements for doctors who practice active eutanasia need to be considered and studied further which must accommodate many things including the doctor's obligation to cure patients on the one hand, while on the other hand there is the patient's right to end his life because his illness is unlikely to be cured. Limitations: This research is limited to normative legal research that uses only primary legal materials, namely a comparison of the application of the eutanasia article in the old and new Criminal Codes, as well as threats of sanctions that are felt to have not fulfilled the value of justice. Contribution: In criminal law policies, it is necessary to consider alternative punishments other than imprisonment, for example fines. In this case, it is not necessary to remove the threat of imprisonment in Article 461 of the new Criminal Code, but to add a new article or paragraph which accommodates other forms of sanctions as an alternative to imprisonment. So that imprisonment will be imposed selectively, limitedly, and casuistically.

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