Kajian Ilmiah Hukum dan Kenegaraan

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.

Current Issue

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
2022-08-24

Articles

Studi Perbandingan Alat Bukti Saksi dalam KUHAP dan KUHAP Islam

Purpose: of the study is to provide knowledge and comparative analysis of witness rules in the burgerlijk wetboek/civil procedural law in Indonesia and Islamic civil procedural law as well as to provide a comparison of witness arrangements in the burgerlijk wetboek/civil procedural law in Indonesia and the burgerlijk wetboek/Islamic civil procedure law. Result: Civil procedural law makes witnesses not perfect evidence. However, for the religious court in the case of divorce, the witness seems to have the same power as a letter, even thought in principle it is different. Contribution: This condition seems to make civil procedural law in the Islamic religious court the same as the law stipulated in the Quran&Hadith. Where as civil procedural law in Indonesia is the same between state and religious courts.

Penerapan Kualifikasi Penyalahguna, Pecandu dan Korban Penyalahgunaan Tindak Pidana Narkotika demi Mewujudkan Nilai Keadilan

Purpose: to determine the qualifications of abusers, addicts and victims of narcotics crime abuse, and to find out the application of the qualifications of abusers, addicts and victims of narcotics crime abuse in order to realize the value of justice. Method: used is normative juridical research through literature study with an approach to legislation and books. And also supported by empirical juridical research conducted through a series of field interviews with respondents and informants. Results: The research are the regulation of the qualifications of abusers, addicts and victims of narcotics crime abuse, which is regulated in Law Number 35 of 2009 concerning Narcotics and clarified by the Circular Letter of the Supreme Court of the Republic of Indonesia Number 4 of 2010, there is a clear difference and can be proven through a process. medical or testing of Narcotics users which shows whether there is a high dependence on Narcotics or vice versa. The application of qualifications for abusers, addicts and victims of narcotics crime abuse in order to realize the value of justice has not run optimally because there are still many perpetrators in narcotics crime cases, the qualifications are not distinguished between abusers, addicts and victims so that the imposition of imprisonment on anyone who becomes a defendant does not seem worth justice. Limitation: In addition, the application of qualifications for abusers, addicts and victims of narcotics crime is very necessary to provide a sense of justice in achieving legal goals, to provide appropriate punishments, to optimize law enforcement, and to be able to assist in the arrest of the main perpetrators so that the chain of narcotics circulation itself can be broken.

Analisis Yuridis Penegakan Hukum Tindak Pidana Pemalsuan Dokumen Sertifikat Vaksin Covid-19

Article 263 Paragraphs (1) and (2) of the Criminal Code, and Article 35 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) regulates the crime of falsifying vaccine certificate documents. However, in Batam City there are still many criminal acts of falsifying vaccine certificate documents. In the Barelang Police, there are several criminal cases of forgery of vaccine certificate documents carried out by law enforcement. Purpose: The purpose of writing this thesis is to find out the legal arrangements for the criminal act of counterfeiting the Covid-19 vaccine certificate document, and to find out law enforcement, obstacles and solutions in dealing with the criminal act of counterfeiting the Covid-19 vaccine certificate document. Results: The results of the study show that legal arrangements for the criminal act of falsifying Covid-19 vaccine certificate documents are regulated in the Criminal Code, and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, as well as Law Number 4 1984 concerning Epidemic of Infectious Diseases which regulates criminal sanctions for makers of fake health documents and users of fake health documents may be sentenced to a maximum imprisonment of 9 (nine) years and/or a maximum fine of Rp. 3,000,000,000.00 (three billion rupiahs). Law enforcement in dealing with the criminal act of falsifying Covid-19 vaccine certificate documents has not run optimally, because those who are subject to penalties are imposed on the maker while the user of the vaccine certificate is not responsible. Limitations: The obstacles faced by the police in dealing with the criminal act of falsifying the Covid-19 vaccine certificate document are the forgery of the Covid-19 vaccine certificate is carried out in a structured and massive manner, the number of participants for the Covid-19 vaccine is very high, and the legal awareness of the public is low on the importance of vaccines. Contributions: The solution that can be taken by the police in dealing with the crime of falsifying Covid-19 vaccine certificate documents in Batam City is to improve coordination between the police and health workers, improve the performance of police officers in handling vaccine certificate counterfeiting, and increase socialization to the public about the importance of vaccines.