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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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Dampak Hukum Hak Waris terhadap Perkawinan Beda Agama Antara Hindu dengan Islam Menurut Hukum Adat Hindu Bali di Kecamatan Kerambitan Kabupaten Tabanan I Gede Komang Rahmadi; Benyamin Tunga
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.v1i2.1951

Abstract

Purpose: The purpose of this research is to find out the perspective of Balinese Hindu law in interfaith marriages between Hinduism and Islam so that it can be declared legal and how the impact of inheritance law on intermarriage between Hindu and Islamic religions according to Balinese Hindu customary law. Method: The method used is an empirical juridical approach. This juridical approach emphasizes legislation and regulations relevant to this issue. While the empirical approach, emphasizing the problems studied based on the facts that develop in the research field. Result: Based on the results of the study, a conclusion can be drawn on the problem namely, According to the Balinese Hindu customary law intermarriage between Hindu and Islamic religions is invalid because besides being not justified in Customary Law, interfaith marriages conflict with existing national legal regulations, and also the Impact of the Inheritance Law on interfaith marriages between Hinduism and Islam according to the Balinese Hindu Customary Law is that the Inheritance Rights of the heirs become void, because the heirs are considered to have been ungodly towards their ancestors and religion.
Efektivitas atas Tata Kepemerintahan yang Baik dalam Penyelenggaraan Pengadaan Barang dan Jasa Pemerintah Kabupaten Karangasem Sang Made Suartama; Cokorde Istri Dian Laksmi Dewi
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.v1i2.1952

Abstract

In the effort of good governance implementation an Indonesia, where the elimination corruption, collusion, and nepotism be priority agenda, Government publish to Presidential Regulation Number 16, 2018 about government procurement goods and service. Good Government procurement goods and service is a procurement system that include procedure to secure government institutions whose doing the goods and service procurement also can actualization the principles of good governance. Good procurement can push the efficiency and effectiveness of public expenses, guarantee fair competition. The scope of this thesis measured on the Effectiveness good governance principles in goods and service Procurement Regency of Karangasem. Purpose: Purpose of this thesis is to descriptions about Implementation good governance principles in goods and service Procurement Regency of Karangasem, what is the obstacle and also the solution take to solve the obstacle. Methodology: This thesis using a certain research method is empirical juridic approach, with the research specification including analytic descriptive. Type of data used is secondary data in form of narration and documentation, collecting by library studi and documentatary study, and then be normative analyzed. Results: Implementation good governance principles in goods and service Procurement Regency of Karangasem can’t be optimally, because lack of human resources quality, infrastructure and tools not support for application good government procurement. In the effort of implementation in good government procurement, Karangasem regency doing a few programs, that is marking up the quality of human resources, measuring goods and service procurement by performance standard, marking up infrastructure and tools of procurement.
Peran Pemerintah Daerah dalam Perizinan Pertambangan Timah dalam Pelaksanaan Reformasi Birokrasi Enny Agustina
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 1 (2023): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i1.2254

Abstract

Purpose: Since the existence of regional autonomy, the central government and regional governments have shared their authority in the management of mining mineral resources as regulated in Law No. 22/1999, all authority regarding licensing has been fully delegated to the local government. The study discusses the role of local governments in tin mining licensing in the application of bureaucratic reform and constraints on tin licensing in the application of bureaucratic reform. Methodology: This study uses a normative research method where the method is that the legal approach method is carried out by reviewing all laws and regulations that have relevance or relevance to the legal issues being handled. Result: The results of the research in this study are 1. Regarding the granting of mining permits, since the enactment of Law Number 23 of 2014 concerning regional governments. The authority to issue permits that previously could have been exercised by the Regency/Municipal government was transferred to the Provincial government.
Implementasi Plea Bargaining System Kedalam Pembaharuan Sistem Peradilan Pidana Tindak Pidana Korupsi Novianti Pratiwi
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2269

Abstract

Purpose: This paper aims to provide information and knowledge to readers regarding the implementation of the Plea Bargaining system in the reform of the criminal justice system in tipikor cases. Research methodology: The study uses a normative legal method, which is research that examines document studies using a legislative approach, where this approach reviews all laws and regulations related to the plea bargaining system in the criminal justice system in Indonesia, which are relevant to the legal issues being raised. Results: the results of the research in this study is, The idea of using plea bargaining in an effort to reform the criminal justice system in Indonesia in corruption cases can be found on philosophical grounds based on the 5th principle of Pancasila. which efforts aim to create a judicial principle that is simple, fast and low cost. Limitations: This writing raises the formulation of the problem, namely how the application of the Plea Bargaining system idea can be implemented in an effort to reform the criminal justice system in corruption cases in Indonesia Contribution: The writing of this article is intended for law enforcers and lawmakers so that plea bargaining can be applied in the criminal justice system in Indonesia and provide a sense of justice and the completion of cases that are fast simple and low cost.
Penerapan Pasal 1320 Kuh Perdata dalam Perjanjian Jual Beli Mystery Box pada Situs E-Commerce Shopee Rijam Syahfutra; Marnia Rani; Muhammad Fajar Hidayat
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 1 (2023): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i1.2345

Abstract

Purpose: E-commerce is a sale and purchase agreement made through internet media which brings convenience and practicality to carry out buying and selling. One of them is the Shopee e-commerce which offers buying and selling mystery boxes. Mystery box is a sales system in the form of boxes/packages whose contents are not known exactly what goods will be obtained by the buyer.  Methodology: Mystery box buying and selling is carried out on the Shopee e-commerce site by marketing the product without clearly stating the product promised, so the seller only presents the product that the buyer is likely to be able to get at the price that must be paid. What's more, the seller has included a standard clause that the goods that have been received by the buyer cannot be returned or returned. Regarding agreements like this, it is not yet known what goods will become the object of the agreement, so is this mystery box sale and purchase agreement appropriate and reasonable under the law of an agreement through an electronic system and does such a transaction fulfill the legal requirements of an agreement contained in Article 1320 of the Civil Code. The purpose of this study is to find out how the application of Article 1320 of the Civil Code to the mystery box sale and purchase agreement on the Shopee e-commerce site has been fulfilled and the legal consequences for the parties to the mystery box sale and purchase agreement on the Shopee e-commerce site. This research uses a normative legal method with a statutory approach. Results: The results showed that the mystery box sale and purchase agreement on the Shopee e-commerce site did not fulfill the requirements in Article 1320 of the Civil Code, namely subjective requirements and objective requirements. If an agreement is canceled because it does not fulfill the legal requirements of Article 1320 of the Civil Code regarding subjective conditions, the agreement can be canceled and if the objective conditions are not met, the agreement is null and void.
Permodelan dan Bentuk Hukum Pokok-Pokok Haluan Negara sebagai Payung Hukum Pelaksanaan Pembangunan Berkesinambungan dalam Rangka Menghadapi Revolusi Industri 5.0 dan Indonesia Emas Eka Martiana Wulansari
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 1 (2023): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i1.2346

Abstract

Purpose: This article discusses the legal form of the principles of state policy as a legal umbrella for the implementation of sustainable development in the context of facing the 5.0 industrial revolution and golden Indonesia.  Methodology The discussion in this article is that the main forms of state policy as a legal umbrella for the implementation of sustainable development in the context of facing the 5.0 industrial revolution and golden Indonesia, this is necessary considering that the National Medium Term Development Plan (RPJM) has weaknesses such as the forming actors who do not representative, implementing actors who are not related to the essence of implementing people's sovereignty, that by changing the formulation of Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, the mechanism of community control over the implementation of the National Long-Term Development Plan (RPJPN) and/or RPJMN is ineffective. Results: So that a role and legal instruments are needed in the form of the main points of state policy as a legal umbrella for the implementation of development in the form of re-establishing the Outline of State Policy (GBHN) and as a guiding indicator in planning and supervising the government's commitment, namely the President and Vice President as executive bodies.
Hak Restitusi bagi Korban Perdagangan Orang: Sebuah Langkah Penting Menuju Keadilan di Indonesia Khairul Riza
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 1 (2023): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i1.2359

Abstract

Purpose: The purpose of this study was to determine the implementation of restitution rights for trafficking victims in Indonesia, the obstacles and challenges faced in the process of providing restitution for trafficking victims in Indonesia, and how it impacts the victim recovery process. Methodology: The method used is Empirical juridical research was conducted through a series of field interviews with respondents and informants. It also uses normative research, namely research through literature studies. Result: The results showed that in the context of granting restitution rights to trafficking victims in Indonesia, despite the supporting legal foundation, implementation on the ground has not fully reflected the values of justice espoused in Pancasila, especially in the precepts of "Just and Civilized Humanity". The provision of restitution is not only a matter of compensation but also a form of state recognition of the dignity and humanity of each victim. Thus, restitution must be carried out with a sense of justice, without discrimination, to ensure full recovery for victims. The recovery process for trafficking victims in Indonesia faces various challenges, particularly those related to obstacles to the provision of restitution. Such barriers not only impact the financial aspects of victims but also their psychological, physical, and social recovery into society. The success of restitution is an important indicator of a country's commitment to ensuring justice and redress for the victims of exploitation.
Masyarakat sebagai Garda Terdepan dalam Menghadapi Illegal Fishing: Studi Penelitian di Pulau Rempang Kota Batam Idham Idham; Juhrin Pasaribu; Kaspol Jihad; Ikhlas Muhammad; Al Jatmuazam; Muhammad Haris Fadillah; Khairil Hidayat; Puti Lindung Bulan; Aditya Azhar; Shandy Herizaldi
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 1 (2023): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i1.2360

Abstract

Purpose: The purpose of this study is to determine the level of understanding and awareness of the people of Rempang Island regarding the impact and threat of illegal fishing by foreign fishermen on maritime resources and socio-economic life. Knowing the obstacles and potential faced by the people of Rempang Island plays an active role as the front line in efforts to prevent and eradicate illegal fishing. Methodology: The method used is a nomative approach, namely through literature studies, and an empirical approach, namely through field research, by conducting a series of interviews with respondents and informants to obtain field data. Results: The results showed that the people of Rempang Island had a varied understanding of the threat of illegal fishing by foreign fishermen, where most fishermen who interact directly with this practice understand the negative impact on maritime resources and marine ecosystems. However, there is still a group of people who are not fully aware of the long-term impacts of these activities. Although the people of Rempang Island face significant obstacles, such as a lack of resources, education, and coordination in efforts to prevent and eradicate illegal fishing, they also have great potential because of community cohesiveness, traditional knowledge of waters, and solidarity of local fishermen.
Sahnya Suatu Perjanjian Berdasarkan Kitab Undang-Undang Hukum Perdata I Dewa Ayu Sri Ratnaningsih; I Putu Eka Trisna Dewi
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2384

Abstract

Purpose: This research aims to develop legal knowledge in the field of civil law, especially regarding the validity of agreements. The research also aims to achieve a Bachelor's degree, Master of Laws. Method: The research used in this journal is normative legal research, normative legal research is based on secondary data. Normative legal research is called research that examines rules and norms, as expressed by Sudikno Mertokusomo. In this research, primary legal materials are used, namely the Law (Civil Code), as well as secondary legal materials, namely doctrine, articles, internet information, and finally tertiary legal materials such as dictionaries. These legal materials were collected by conducting document studies until they were collected in accordance with the research objectives. The legal materials obtained, both primary legal materials and secondary legal materials, are analyzed comprehensively based on legal interpretation. Comprehensive means that the analysis is carried out in depth covering various aspects according to the broad scope of the research. Then legal interpretation itself is an interpretation which is one method of legal discovery that provides an explanation of the text of the law so that the scope of the rule is applied to the event. Result: The validity of an agreement based on the Civil Code is that it fulfills the terms of the agreement in article 1320 of the Civil Code. Limitation: This research only discusses agreements, especially regarding the validity of an agreement according to the Civil Code. Contribution: This research can be used as appropriate, to become a reference in further research.
Pertanggungjawaban Pidana Penanam Ganja Berdasarkan Undang-Undang tentang Narkotika Fahrizal S Siagian
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2412

Abstract

Purpose: Narcotics abuse is a chronic problem that plagues Indonesia. Narcotics are not intended for purposes other than medical purposes. However, there are still people who still dare to plant marijuana trees which are strictly prohibited as regulated in Articles 111 and 112 Paragraph 1 of Law Number 35 of 2009 concerning Narcotics which explains the prohibition on growing marijuana unlawfully. The formulation of the problem in this research is first, How is Narcotics Crime Regulated in Indonesia? Second, what is the criminal responsibility of marijuana growers according to Law Number 35 of 2009 concerning Narcotics? The aim of the research is to answer this research problem. Methodology: The type of research used is normative legal research which refers to research studies on statutory regulations combined with primary, secondary and tertiary legal materials. The data collection technique is by using Library Research. The nature of the research is descriptive analysis. Results: The research results show that Indonesia has strict regulations that do not legalize narcotics carelessly, the prohibition is regulated in Article 111 Paragraphs 1, 2 and 112 Paragraphs 1, 2 of Law 35 of 2009 concerning Narcotics. Second, every person who without right or against the law plants, maintains, owns, stores, controls or provides narcotics in the form of plants legally and convincingly can be held criminally liable. In conclusion, Indonesia as a legal country has strict regulations to protect the young generation of the Indonesian nation from the dangers of narcotics abuse. Every person who owns, processes and distributes narcotics against their rights can be held liable for imprisonment for a minimum of 4 years, a maximum of 12 years, a fine of at least 800 million and a maximum of 8 billion rupiah. Limitation: This research is to explain and/or describe and describe all data obtained from data sources related to criminal liability for marijuana growers. Contribution: Indonesia does not legalize the use of narcotics against the law. If this happens, they can be held criminally liable.

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