Jurnal Ilmiah Hukum dan Hak Asasi Manusia

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.

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
2024-01-04

Articles

Criminological analysis of violent crime in Household Assistant

Purpose: The aim of this research is to Women who are victims of domestic violence must be braver and more open in reporting acts of domestic violence, because the performance of the Bandar Lampung Police PPA unit can be helped. There is a need for the important role of authorized institutions in handling criminal acts of violence against domestic helpers, to be increased so that they provide more assistance and assistance to victims of crimes of violence against household assistant. Methodology/approach: This study employs a normative empirical method with a descriptive analysis approach. Secondary data is acquired through meticulous literature review and subjected to qualitative analysis. Rigorous literature selection ensures data validity. The outcomes of the analysis serve as the cornerstone for accurate conclusions within the research. Results/findings: The research results show that Based on the results of research and discussion, it shows that the factors causing violent crimes against household assistants are environmental factors (differential associations), such as environmental factors, economic factors, religious factors. Limitations: The problem in this research is what are the factors that cause violent crimes against domestic assistants from a criminological perspective and what are the efforts to overcome violent crimes against domestic assistants. Contribution: Violence is an act that is contrary to legal regulations which can have negative physical, emotional and psychological effects as well as threats to act which are intended to cause other people to feel fear, pain, suffering treatment and death.

Legal considerations of Military judges regarding drug abuse by TNI

Purpose: This research aims to determine the basic considerations of military judges in giving decisions on case no. 51-K/PM I-04/AD/VII/2021. Apart from that, it aims to analyze whether the judge in handing down the decision has considered substantive justice or not. Methodology/approach: This research is a type of Normative Juridical and Empirical Juridical research. Normative Juridical research is carried out based on legal materials such as legal theory, legal principles and legislation related to research. Results/findings: Based on the results of the research and discussion, it is clear that the basis for military judges legal considerations regarding TNI members who abuse narcotics consists of juridical and non-juridical considerations. Limitations: The Panel of Judges has not implemented substantive justice, this is because some TNI who were dismissed from military service due to narcotics abuse did not take part in a medical rehabilitation program, so that when they returned to society, their condition had not fully recovered from narcotics dependence. Contribution: The judge's decision should create order and legal certainty and fulfill a sense of justice towards TNI members who abuse narcotics. Military judges should consider social and medical rehabilitation of TNI members who abuse narcotics. This rehabilitation action is also in line with a number of decisions of the Supreme Court of the Republic of Indonesia which ordered the rehabilitation of TNI soldiers who abuse narcotics and considered imposing additional penalties in the form of dismissal from military service.

Implementasi Perluasan Makna Asas Legalitas Berdasarkan Kitab Undang-Undang Hukum Pidana (KUHP) Nasional

Purpose: The purpose of this study is to determine how to expand the meaning of the principle based on the National Criminal Code. Methodology: The method used was a normative juridical approach and an empirical juridical approach with a qualitative research type. Primary and secondary data sources were used. Results: The results of the research show that the laws that exist in society to obtain a form of legal certainty based on the provisions of Pasal 2 Ayat (3) of the National Criminal Code are required to compile the customary laws that exist in each region concerned to be selected and then included in the regulations. Area. This is a form of implementing the expansion of the meaning of the principle of legality into Regional Regulations. Limitations: This study is only related to expanding the meaning of the principle of legality in the National Criminal Code. Contribution: This research is expected to be a reference and contribute to the application of expanding the meaning of the principle of legality in reality.

The Use of Legal Psychology in Determining Sexual Misconduct Perpetrator’s Bad Intention Towards Children

Purpose: The aim of the study is to discover bad intention (mens rea) of sexual misconduct perpetrator by using legal psychology in finding legal obscurity of trial-proving within child protection act Methodology/approach: The research is conducted as legal research, namely normative research that applies the statute approach and conceptual approach towards the object of the study based on primary and secondary sources of law. Results/findings: Discovering and solving legal obscurity in bad intention within sexual harassment regulation, then legal psychology can be utilized by law enforcement to prove and decide criminal act of a subject by analyzing its criminal mindset while recognizing its culpability mental state Limitations: the use of legal psychology only relating to criminal law field of study Contribution: This study contributes to legal practitioners, especially prosecutors and judges, especially in criminal law.

Kewenangan Otonomi Khusus Pemerintah Aceh dalam Pembangunan dan Peningkatan Kesejahteraan Rakyat

Purpose: This study aims to see the authority of the Government of Aceh towards the development and welfare of the people in Aceh Province through a special autonomy system, special authority as stipulated in Law Number 11 of 2006 concerning the Government of Aceh, because the authority to manage and administer government is an executive institution. Methodology/approach: The research method is juridical normative using secondary data collecting secondary, primary and tertiary materials, the data obtained is carried out qualitative analysis that emphasizes deductive and inductive. Results/findings: The results of the study show that the Government of Aceh has not maximized its authority in implementing the government and using the Special Autonomy Fund for development and community welfare, most of the Special Autonomy Fund is not right on target for the public interest, efforts made by the Government of Aceh and the Aceh People's Representative Council in the future formulate and compile the Aceh Revenue and Expenditure Budget according to needs and interests community. Limitations: This study does not include a table of programs and financial conditions of special autonomy because this research is normative so it does not conduct field research to obtain research data. Contribution: The Government of Aceh to focus on carrying out development not only on physical but non-physical as well, is needed to bring investors from within and outside the country, and place competent people in their fields in the Aceh Government Work Unit, as well as the role of the Aceh People's Representative Council to conduct extra supervision to the Government of Aceh as a user of the budget and organizer of laws and regulations in the Province Aceh.