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
2023-07-05
Articles
Peran Pemerintah Daerah dalam Perizinan Pertambangan Timah dalam Pelaksanaan Reformasi Birokrasi
Purpose: Since the existence of regional autonomy, the central government and regional governments have shared their authority in the management of mining mineral resources as regulated in Law No. 22/1999, all authority regarding licensing has been fully delegated to the local government. The study discusses the role of local governments in tin mining licensing in the application of bureaucratic reform and constraints on tin licensing in the application of bureaucratic reform.
Methodology: This study uses a normative research method where the method is that the legal approach method is carried out by reviewing all laws and regulations that have relevance or relevance to the legal issues being handled.
Result: The results of the research in this study are 1. Regarding the granting of mining permits, since the enactment of Law Number 23 of 2014 concerning regional governments. The authority to issue permits that previously could have been exercised by the Regency/Municipal government was transferred to the Provincial government.
Hak Restitusi bagi Korban Perdagangan Orang: Sebuah Langkah Penting Menuju Keadilan di Indonesia
Purpose: The purpose of this study was to determine the implementation of restitution rights for trafficking victims in Indonesia, the obstacles and challenges faced in the process of providing restitution for trafficking victims in Indonesia, and how it impacts the victim recovery process.
Methodology: The method used is Empirical juridical research was conducted through a series of field interviews with respondents and informants. It also uses normative research, namely research through literature studies.
Result: The results showed that in the context of granting restitution rights to trafficking victims in Indonesia, despite the supporting legal foundation, implementation on the ground has not fully reflected the values of justice espoused in Pancasila, especially in the precepts of "Just and Civilized Humanity". The provision of restitution is not only a matter of compensation but also a form of state recognition of the dignity and humanity of each victim. Thus, restitution must be carried out with a sense of justice, without discrimination, to ensure full recovery for victims. The recovery process for trafficking victims in Indonesia faces various challenges, particularly those related to obstacles to the provision of restitution. Such barriers not only impact the financial aspects of victims but also their psychological, physical, and social recovery into society. The success of restitution is an important indicator of a country's commitment to ensuring justice and redress for the victims of exploitation.
Penerapan Pasal 1320 Kuh Perdata dalam Perjanjian Jual Beli Mystery Box pada Situs E-Commerce Shopee
Purpose: E-commerce is a sale and purchase agreement made through internet media which brings convenience and practicality to carry out buying and selling. One of them is the Shopee e-commerce which offers buying and selling mystery boxes. Mystery box is a sales system in the form of boxes/packages whose contents are not known exactly what goods will be obtained by the buyer.
Methodology: Mystery box buying and selling is carried out on the Shopee e-commerce site by marketing the product without clearly stating the product promised, so the seller only presents the product that the buyer is likely to be able to get at the price that must be paid. What's more, the seller has included a standard clause that the goods that have been received by the buyer cannot be returned or returned. Regarding agreements like this, it is not yet known what goods will become the object of the agreement, so is this mystery box sale and purchase agreement appropriate and reasonable under the law of an agreement through an electronic system and does such a transaction fulfill the legal requirements of an agreement contained in Article 1320 of the Civil Code. The purpose of this study is to find out how the application of Article 1320 of the Civil Code to the mystery box sale and purchase agreement on the Shopee e-commerce site has been fulfilled and the legal consequences for the parties to the mystery box sale and purchase agreement on the Shopee e-commerce site. This research uses a normative legal method with a statutory approach.
Results: The results showed that the mystery box sale and purchase agreement on the Shopee e-commerce site did not fulfill the requirements in Article 1320 of the Civil Code, namely subjective requirements and objective requirements. If an agreement is canceled because it does not fulfill the legal requirements of Article 1320 of the Civil Code regarding subjective conditions, the agreement can be canceled and if the objective conditions are not met, the agreement is null and void.
Masyarakat sebagai Garda Terdepan dalam Menghadapi Illegal Fishing: Studi Penelitian di Pulau Rempang Kota Batam
Purpose: The purpose of this study is to determine the level of understanding and awareness of the people of Rempang Island regarding the impact and threat of illegal fishing by foreign fishermen on maritime resources and socio-economic life. Knowing the obstacles and potential faced by the people of Rempang Island plays an active role as the front line in efforts to prevent and eradicate illegal fishing.
Methodology: The method used is a nomative approach, namely through literature studies, and an empirical approach, namely through field research, by conducting a series of interviews with respondents and informants to obtain field data.
Results: The results showed that the people of Rempang Island had a varied understanding of the threat of illegal fishing by foreign fishermen, where most fishermen who interact directly with this practice understand the negative impact on maritime resources and marine ecosystems. However, there is still a group of people who are not fully aware of the long-term impacts of these activities. Although the people of Rempang Island face significant obstacles, such as a lack of resources, education, and coordination in efforts to prevent and eradicate illegal fishing, they also have great potential because of community cohesiveness, traditional knowledge of waters, and solidarity of local fishermen.
Permodelan dan Bentuk Hukum Pokok-Pokok Haluan Negara sebagai Payung Hukum Pelaksanaan Pembangunan Berkesinambungan dalam Rangka Menghadapi Revolusi Industri 5.0 dan Indonesia Emas
Purpose: This article discusses the legal form of the principles of state policy as a legal umbrella for the implementation of sustainable development in the context of facing the 5.0 industrial revolution and golden Indonesia.
Methodology The discussion in this article is that the main forms of state policy as a legal umbrella for the implementation of sustainable development in the context of facing the 5.0 industrial revolution and golden Indonesia, this is necessary considering that the National Medium Term Development Plan (RPJM) has weaknesses such as the forming actors who do not representative, implementing actors who are not related to the essence of implementing people's sovereignty, that by changing the formulation of Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, the mechanism of community control over the implementation of the National Long-Term Development Plan (RPJPN) and/or RPJMN is ineffective.
Results: So that a role and legal instruments are needed in the form of the main points of state policy as a legal umbrella for the implementation of development in the form of re-establishing the Outline of State Policy (GBHN) and as a guiding indicator in planning and supervising the government's commitment, namely the President and Vice President as executive bodies.
