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INDONESIA
Arena Hukum
Published by Universitas Brawijaya
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 10 Documents
 1 
Search results for , issue "Vol. 16 No. 1 (2023)" : 10 Documents clear
PRISON ESCAPE VIEWED FROM ISLAMIC LAW PERSPECTIVES (A Case Study at Muara Labuh Prison) Salma Salma; Riki Hamdi; Taufik Hidayat
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2023.01601.1

Abstract

In Indonesia, there have been numerous cases of people escaping from prison including the Muara Labuh Prison. This research analyze the prison conditions, the cases that occurred there, the motives behind the escape, the responsibility of the warden, and how Islamic law views escape. Data were collected through observation of prison conditions and interviews. Data analysis was performed in several stages, including data reduction, display, and verification techniques, then, narrated using a qualitative approach and Islamic law. The results revealed three cases of inmates escaping from this prison. They have a variety of reasons for this, including an inability to restrain sexual desires, being unable to serve very long sentences, depression, and poor prison security, which is the warden's responsibility. Prison escape is not justified in Islamic law due to the necessity to obey state rules that are not specifically regulated in the Qur'an and Sunnah.
PERLINDUNGAN HUKUM TERHADAP PEMBELA HAK ASASI MANUSIA PERSPEKTIF TEORI ALASAN PENGHAPUS PIDANA Moch. Choirul Rizal
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.2

Abstract

Legal protection of human rights defenders in Indonesia is at an alarming point. This sociolegal study focused on the objective conditions of legal protection for human rights defenders and the legal protection for human rights defenders from a theoretical perspective on the reasons for erasers punishment. The results are human rights defenders still experience arrests, shootings, clashes and torture. There are also several criminal law policies that have the potential to violate the rights and guarantees of legal protection for human rights defenders. Second, "the theory of lesser evils" can be used as a basis for providing legal protection to human rights defenders. As long as the actions of human rights defenders are to implement Article 67 of Law No. 32 of 2009, for example, human rights defenders can be seen as "implementing the laws and regulations" and protected by Article 66 of Law No. 32 of 2009, so that Article 50 of the Criminal Code can be applied as an excuse to eradicate crimes. In the future, guidelines for the criminalization of human rights defenders when dealing with criminal case settlement processes are also needed.
EVOLUTION OF DISPUTE RESOLUTION THROUGH ARBITRATION IN INDONESIA DURING COVID-19 Mohammad Saleh
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.7

Abstract

Settlement of disputes in civil cases is not only resolved by the Court, but also through arbitration and alternative dispute resolution if the disputing parties agreed. The selection of this arbitration must be stated in the clause of the agreement which expressly chooses the arbitration. Civil cases that become the authority of this arbitration are only within the scope of the trade sector. The procedure for settlement through arbitration is different from the court, among others, the trial is closed and flexible, the decision is final and binding, the arbitrator is chosen by the parties and the decision is carried out by the court.
REKOGNISI PENGALAMAN PEREMPUAN: STUDI KASUS PELAKSANAAN PASAL 4 PERMA NOMOR 3 TAHUN 2017 Rika Saraswati
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.4

Abstract

Article 4 Supreme Court Regulation (Perma) No. 3 of 2017 on Guidelines for Judging Cases of Women in Conflict with the Law determines that judges should consider gender equality and non-discrimination, by identifying the facts in court hearing. The research question is to what extent the implementation of the article to the case under this study and its influence to the court verdict. The qualitative method is implemented in this study. The primary data collection was gathered by attending an online trial and the secondary data was obtained through a literature study by using the main documents of an infanticide case namely: the case file No. Pol: Bp/01/I/2020/Reskrim and the court decision No.37/Pid.B/2020/PN.Pwd. The result has demonstrated that judges had applied article 4 of PERMA during the court hearing. Judges’ considerations have recognized the experience of the woman perpetrator as the victim of sexual violence; however, judges insisted their decision on the basis of the actions of the perpetrator and ignored the psychological, sociological and imbalance power relations factors which were experienced by the woman.
PENYELESAIAN SENGKETA DALAM PERJANJIAN PERDAGANGAN MEGAREGIONAL: REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP (RCEP) AGREEMENT Rizky Banyualam Permana
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.8

Abstract

In 2020, the Regional Comprehensive Economic Partnership (RCEP) agreement was signed. The RCEP Agreement is the largest regional trade agreement in the world in terms of total GDP. In the Asia-Pacific region, there are various regional and bilateral trade agreements that lead to not only overlapping of substantive provisions, but also overlapping of dispute settlement for a. It is important to review the procedural aspects RCEP agreement to as the means to enforce the rules and commitments in the RCEP for its member countries, especially with regard to Indonesia. This study concludes that although the RCEP has its own dispute resolution mechanism procedures, the formulation of the provisions in the RCEP shows compromise of the negotiation outcome, typical in ASEAN agreements. This would become the hindrance to the effective implementation and implementation of the agreement.
FUNGSI AUDIT INVESTIGATIF PADA BUMN PERSERO UNTUK MENGHITUNG KERUGIAN NEGARA DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM Susanto Susanto
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.3

Abstract

This study aims to discover the new role of investigative audit in BUMN Persero in calculating state losses in the perspective of positive law and Islamic law. The results of the study indicate that the investigative audit function of BUMN Persero to calculate state losses can be used as evidence. This makes the determination of state losses an important matter to determine whether a prosecution can be continued or not. Errors in determining state losses can result in failure in law enforcement. There is a difference in the concept of returning state losses due to corruption between positive law and Islamic law. In positive law, the state's recovery of losses cannot cancel the crime, and only mitigates the punishment. Whereas in the Islamic law, restitution of state losses is a good intention and is considered sufficient to resolve the problem of corruption.
THE LEGAL STANDING OF BUSINESS ACTORS IN A DIGITAL MARKET ACCORDING TO LAW NO. 5 OF YEAR 1999 ON THE PROHIBITION OF MONOPOLISTIC AND UNHEALTHY BUSINESS COMPETITION PRACTICES Hanif Nur Widhiyanti; Pungki Febriana Dheyanoor
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.6

Abstract

Through a Digital Market, the commercial activities of business actors are conducted virtually and can have a global reach. Commercial activities that no longer require face-to-face meetings in conducting transactional activities and that involve cashless payment methods have made it possible for business actors to transgress the jurisdictional boundaries of a state as they conduct their business activities. Digital Market becomes an inevitability as well as a legal matter in the application of Law No. 5 of Year 1999, particularly in relation to the legal standing of business actors. The consideration is that in the context of a virtual market, geographical boundaries no longer firmly limit the jurisdictional territory of a state. Therefore, the discussion regarding the characteristics of a Digital Market and the legal standing of business actors in a Digital Market becomes an urgent need. Through juridical normative research, this article intends to analyze the characteristics of a Digital Market and the legal standing of business actors in a Digital Market according to Law No. 5 of Year 1999.
EKSEKUSI PUTUSAN PENGADILAN AGAMA YANG BELUM INKRACHT BERKENAAN DENGAN HAK ASUH ANAK Chandra Darusman S; M. Ikhwan Adabi; Apri Rotin Djusfi; Phoenna Ath Thariq; Eza Aulia; Rahmat Jhowanda; Liza Agnesta Krisna
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.9

Abstract

Law Number 23 of 2002 concerning Child Protection emphasizes that in the event of separation due to divorce and other situations without eliminating the child's relationship with his parents, the child still has the right to meet and have permanent personal contact with both parents. However, the situation that occurs in society and the existence of a legal vacuum shows that often children cannot meet their parents who have been appointed as custodians because the divorce case decision has not yet become legally binding. This normative juridical research uses statutory approach and the conceptual approach. The concept of child protection regulated in the Child Protection Act and other laws and regulations also includes the protection of children in situations of parental household conflict and protection in situations where the legal process against parental household conflicts is still ongoing and has no permanent legal force. The researcher recommends a change to the Law on Religious Courts. In this case, it is necessary to add legal norms that stipulate those children must be handed over to parents who are holders of custody since the court decision is pronounced, or the issuance of a Supreme Court Rule as the legal basis for implementing execution.
KONFLIK PENGUASAAN DAN PENGUSAHAAN SUMUR TUA MINYAK DAN GAS BUMI DI KABUPATEN BOJONEGORO, JAWA TIMUR Subadi Subadi
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.10

Abstract

The conflict of control and exploitation of old oil and gas wells in Bojonegoro Regency is a latent conflict between the people or groups of miners and Pertamina EP Asset IV Field Cepu, which is latent and difficult to resolve. This normative legal research, supported by in-depth interviews, aims to find the legal aspects of control and exploitation by the people and the multiple conflicts that occur as well as ideas for their resolution. The results show: 1) Pertamina EP's control and exploitation of old wells is based on statutory regulations, while the control and exploitation by the people is only based on customary law. 2) Differences in perception between Pertamina EP can be settled through: a) legalizing, facilitating requirements and shortening the bureaucracy for licensing upstream and downstream activities by the people; b) reducing the ambiguity attitude of Pertamina EP which does not want to work on old wells but still hopes for the results; c) Pertamina EP, the Regional Government and Perhutani should continue to provide guidance, supervision.
HAK KREDITOR DENGAN TAGIHAN PIUTANG TERTOLAK DALAM PROSES PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Sihabudin Sihabudin; Edo Adhitama
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.5

Abstract

One of the stages in delaying payment of receivables obligations (PKPU) is the verification of receivables. There may be a possibility that the claim for receivables being rejected at the verification stage may occur, but there is no legal remedy that can be taken by the creditor, either ordinary or extraordinary legal remedies. This article aims to analyze the legal protection of creditors' receivables which are rejected at the receivables verification stage by administrators in the PKPU process and the authority of the supervisory judge in terms of the creditor's bill being rejected at the receivables verification stage. This normative research uses a statutory approach. The results show that Law Number 37 of 2004 does not regulate legal remedies if receivables are rejected in the accounts receivable verification. Efforts are made when this happens, the supervisory judge has the authority to reconcile creditors and debtors in determining. Thus, the debtor does not need to wait for the emergence of a settlement homologation if the bill is rejected in the verification of receivables to submit an appeal to the Supreme Court.

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