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.
Published
2023-02-23
Articles
Analisis Yuridis Proses Penyidikan Tindak Pidana Terorisme menurut Hukum di Indonesia: Analisis Teori Hukum Positif dan Teori Hukum Responsif
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.
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SintaAnalisis Yurudis Proses Penyidikan Tindak Pidana Kekerasan Seksual Menurut Hukum di Indonesia: Analisis Teori Hukum Positif dan Teori Hukum Responsif
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
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
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.
Pages: 87-94
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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
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
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.
