Jurnal Ilmiah Hukum dan Hak Asasi Manusia (JIHHAM) adalah jurnal yang menerbitkan artikel dengan topik bahasan seputar dunia hukum serta masalah-masalah kemanusiaan. JIHHAM menyambut baik pengiriman artikel ilmiah berbentuk studi hukum empiris maupun studi hukum normatif. JIHHAM diharapkan dapat menjadi mediator bagi para dosen, mahasiswa, peneliti, serta praktisi untuk menyebarluaskan temuan, ide dan gagasannya dalam menyelesaikan berbagai permasalahan hukum yang terjadi serta untuk memajukan ilmu hukum di Indonesia.
Published
2023-07-05
Articles
Kajian Perlindungan Hukum terhadap Anak yang Berkonflik dengan Hukum dalam Sistem Peradilan Pidana Anak
Purpose: The purpose of this research is to find out about the forms of legal protection given to children who are in conflict with the law, especially in the juvenile justice system based on Law No. 35 of 2014 and Law No. 11 of 2012 Juvenile Criminal Justice System.
Research methodology: The method used in this writing is a normative juridical approach, namely a normative juridical approach, namely legal research conducted by examining library materials or secondary data as the basic material for research by conducting a search of regulations and literature literature related to the problem under study.
Results: The results of this study indicate that legal protection for children in conflict with the law in the juvenile justice system must be fully implemented by law enforcement officials at each stage of the examination, namely in the form of fulfilling and guaranteeing children's rights and prioritizing the best interests of children.
Politik Hukum Putusan MK No. 46/PUU-VIII/2010 sebagai Upaya Pembangunan Hukum Nasional
Purpose: To identify the Constitutional Court's decision No. 46/PUU-VIII/2010 regarding the recognition of the status of children out of wedlock, has reflected the form of development of national law or not.
Methodology: This legal research is a normative research with statutory, conceptual and case approaches conducted by examining primary and secondary legal materials.
Results: Constitutional Court's decision No. 46/PUU-VIII/2010 has fulfilled the rules of good legal politics because this decision can maintain complete unity, both territory and ideology that is built democratically so that it is able to create social justice and there is no exclusivity in the decision against one of the religions in Indonesia. This decision is a manifestation of the development of Indonesian law which is capable of dealing with the phenomenon of children born out of wedlock in terms of providing protection and legal certainty for children born outside of wedlock status, by combining Islamic law and national law (so that the formation of this decision is not based on one religion only), then from the combination of the two laws can form a new law that can meet the needs of society as a means of development that is certain and justice.
Limitations: This research is limited to reviewing the decisions of the constitutional court regarding the recognition of the status of children out of wedlock which are analyzed by development law theory.
Konsep Keadilan Voting dalam Rapat Penundaan Kewajiban Pembayaran Utang
Purpose: To explain the contradictions of the reconciliation arrangement in the meeting voting on the Debt Payment Obligation Deferral and to formulate the concept of ideal justice voting in the Debt Payment Obligation Deferral meeting.
Research methodology: This type of research is normative legal research.
Results: The principle of justice in the Bankruptcy and PKPU Laws contains that provisions regarding bankruptcy can fulfill a sense of justice for interested parties. The entire analysis of the concept of justice is related to legal facts in the Bankruptcy Law and PKPU which adopt the principle of balance by stating that the principle of "fairness" is not ideal. Therefore, it is necessary to reform the principles of justice in bankruptcy law and PKPU in order to fulfill the legal ideals of bankruptcy law. The legal ideals that have been fulfilled are elements of commutative justice, but considering the differences in the criteria or portions of each, according to the author, it is necessary to renew these legal principles based on the concept of distributive justice. Then ideally the voting results should ideally be binding on all parties.
Limitations: This study is only related to voting norms in the bankruptcy law and PKPU.
Contribution: This research is expected to be a reference and contribution to the Government in reforming bankruptcy law and PKPU.
Membangun Tradisi Literasi Anti Korupsi di Kalangan Elite Daerah dalam Perspektif Hukum Tata Negara
Purpose: Corruption has a very negative impact. As a crime, corruption not only harms the country's finances and economy, but also hampers the growth and continuity of national development which demands high effectiveness.
Methodology: Corruption has eroded democratic values, violated the principles of good governance, and caused discrimination against public services. Corruption has also led to low openness and representativeness in the formulation of policies in the legislature, and even corruption has hampered legal certainty in the judiciary.
Results: Corrupt behavior among regional elites still occurs because: 1. System factors, especially regulations related to political recruitment through regional elections, where the weaknesses include our laws that still allow candidates who are suspects in legal cases to run for regional heads, which are further strengthened by the dominance of the ideology of materialism and capitalism that supports these elections, so that the elections still have the opportunity to give birth to corrupt officials, 2. Political actor factors, the low integrity, credibility, and capacity of candidates for regional heads are the biggest contributors to the emergence of corrupt governments, the morality of the candidates is only hunting for the results, namely the seat of power, even though by using all means. The ruling is not to serve the people but to seek material gain.
Penguatan Gugatan Citizen Lawsuit/Action Popularis sebagai Upaya Perlindungan Hak Konstitusional atas Jaminan Penegakan Hak-Hak Konstitusional Warga Negara terhadap Perbuatan Melawan Hukum oleh Negara
Purpose: Citizen Lawsuit or Citizen Lawsuit against State officials is actually not known in the Civil Law legal system as applied in Indonesia. Citizen Lawsuit itself was born in countries that adhere to the Common Law legal system.
Methodology: Citizen Lawsuit can be applied as the basis for filing a lawsuit against the law contained in the preamble of the constitution or the 1945 Constitution as a guaranteed basic right, from a number of arrangements regarding human rights (HAM), through the Law of the Republic of Indonesia No. 39 of 1999 concerning Human Rights, and in the realm of administrative law, namely the Law of the Republic of Indonesia concerning Consumer Protection No. 8 of 1999. However, these arrangements are not explicitly regulated. For its application in the judiciary, Law No. 48 of 2009, on Judicial Power, states that judges may not refuse to handle cases. The laws and regulations previously described have been widely used by citizens in filing Citizen Lawsuits in Indonesia so far..
Results: The concept of a Democratic state adopted by Indonesia, regarding sovereignty in the hands of the people, according to the author can be implemented properly by streamlining so that the concept of Citizen Lawsuit, because it is in accordance with the objectives of law in Indonesia, especially equal rights before the law between the State and Citizens.
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