Jurnal Hukum Pembangunan最新文献

{"title":"Legal Certainty of Measurement and Mapping of Land Basic Maps","authors":"Ricki Azis Dzaki","doi":"10.26532/jh.v38i2.23655","DOIUrl":"https://doi.org/10.26532/jh.v38i2.23655","url":null,"abstract":"The purpose of writing this research is to find out and analyze the implementation of the measurement and mapping of the land base map so that it can be legal certainty and beneficial for the people and the country, this research uses the normative juridical approach method. The results of the research indicate that the implementation of the measurement and mapping of the land base map is a legal certainty and provides another benefit of the certificate of right to the land is that it can provide a sense of security and peace for the owner, everything is easy to know and its nature is certain and can be held legally accountable.","PeriodicalId":53034,"journal":{"name":"Jurnal Hukum Pembangunan","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86097217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Model Legalisasi Sertifikasi Tanah di Perdesaan dan Proyeksi terhadap Nilai Manfaat Kepemilikan","authors":"Wida Wirdaniati, Irman Firmansyah, Vidya Mar’atusholikha, Siti Nurhajanah","doi":"10.26532/jh.v38i2.18480","DOIUrl":"https://doi.org/10.26532/jh.v38i2.18480","url":null,"abstract":"","PeriodicalId":53034,"journal":{"name":"Jurnal Hukum Pembangunan","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73973913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analisis Peraturan E-Commerce di Indonesia terhadap Ketentuan Trans Pacific Partnership","authors":"Bagus Wicaksena, Sri Milawati Asshagab","doi":"10.26532/jh.v38i2.21798","DOIUrl":"https://doi.org/10.26532/jh.v38i2.21798","url":null,"abstract":"","PeriodicalId":53034,"journal":{"name":"Jurnal Hukum Pembangunan","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84497067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Understanding the Pattern of International Migration: Challenges in Human Rights Protection","authors":"M. Bahri","doi":"10.26532/jh.v38i2.21337","DOIUrl":"https://doi.org/10.26532/jh.v38i2.21337","url":null,"abstract":"International Migration can be described as the movement of people from one country to another county. The International Migration is one of the dynamic historical events, which was first legally regulated through the Tanzimat in the Ottoman Empire, signed on the 09 March 1857, which give the people who under the religious prosecuted legal permit to enter Turkey territory. Since then, the mass movement of the people between people becoming very common, especially after World War I, and World War II, when millions of people are moving from one region to another because of the displacement and violence. By utilizing Mixed Migration Center Dataset in 2019, which interviewed 9754 respondents, and the Mexican Government data on Migration in the year 2016, the main pattern of migration and motives are tracked and analyzed. It can be concluded, if the pattern of the migration is from East Africa to North Africa, East Africa to North Africa, East Africa to Southern Africa, East Africa to Europe, the Middle East to Europe, the Middle East to southeast Asia (Indonesia, Malaysia, and Thailand), Bangladesh/Myanmar to Malaysia, and from South America to North America. The motives are economics, Violence and General Security, and Lack of Rights. Still, International Migrants protection becoming a big challenge for many destination countries. From the analysis, can be concluded if the challenges in International Migrants Protection are because of the difference in terms, not all of the destination countries ratified the 1951 Convention about refugees and 1967 protocol as the legal basis and cultural and political context which make society in the destination countries refusing the International MigrantsInternational Migration can be described as the movement of people from one country to another county. The International Migration is one of the dynamic historical events, which was first legally regulated through the Tanzimat in the Ottoman Empire, signed on the 09 March 1857, which give the people who under the religious prosecuted legal permit to enter Turkey territory. Since then, the mass movement of the people between people becoming very common, especially after World War I, and World War II, when millions of people are moving from one region to another because of the displacement and violence. By utilizing Mixed Migration Center Dataset in 2019, which interviewed 9754 respondents, and the Mexican Government data on Migration in the year 2016, the main pattern of migration and motives are tracked and analyzed. It can be concluded, if the pattern of the migration is from East Africa to North Africa, East Africa to North Africa, East Africa to Southern Africa, East Africa to Europe, the Middle East to Europe, the Middle East to southeast Asia (Indonesia, Malaysia, and Thailand), Bangladesh/Myanmar to Malaysia, and from South America to North America. The motives are economics, Violence and General Security, and Lack of Rights. Still, International Migrants p","PeriodicalId":53034,"journal":{"name":"Jurnal Hukum Pembangunan","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90193857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The causes of the Rising incidence of domestic violence in Nigeria: Proposing Judicial Separation as a Panacea","authors":"P. Aidonojie, Toyin Afolabi Majekodunmi, Oluwaseye Oluwayomi Ikubanni, Alade Adeniyi Oyebade, Nathan Ibrahim","doi":"10.26532/jh.v38i2.21592","DOIUrl":"https://doi.org/10.26532/jh.v38i2.21592","url":null,"abstract":"The increase in domestic violence in Nigeria has become overwhelming. However, the death of Osinachi Nwachukwu (a popular gospel artist singer), which has been linked to domestic violence, prompted the discussion of domestic violence to be more pronounced. Although several laws and institutional bodies are set up to curtail the incidence of domestic violence, there seems to be an increase in the monster in Nigeria. In this regard, this study adopts a hybrid method of research to ascertain the causes of the current increase in domestic violence in Nigeria and proposes judicial separation as a panacea. In this regard, various literature and laws were analysed concerning the suitability of judicial separation as a panacea in curtailing domestic violence. Furthermore 350 questionnaire was distributed to respondents to ascertain the causes of the current increase in domestic violence and possible solution. The study, therefore, found that alcohol abuse, psychological disorder, economic hardship, and traditional belief are some of the causes of the current increase in domestic violence in Nigeria. The study also found that judicial separation could be a viable legal tool to curtail domestic violence, given that it preserves the status quo of the marriage. Therefore, the study concludes and recommends that victims of domestic violence should open up and embrace the concept of judicial separation.  ","PeriodicalId":53034,"journal":{"name":"Jurnal Hukum Pembangunan","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87985220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"JARIMAH PEMERKOSAAN DALAM QANUN JINAYAT ACEH PERSPEKTIF FEMINIST LEGAL THEORY","authors":"Weini Wahyuni","doi":"10.26532/jh.v38i1.17458","DOIUrl":"https://doi.org/10.26532/jh.v38i1.17458","url":null,"abstract":"","PeriodicalId":53034,"journal":{"name":"Jurnal Hukum Pembangunan","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84110749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE SOCIETAL AND LEGAL MISSING LINK IN PROTECTING A GIRL CHILD AGAINST ABUSE BEFORE AND AMIDST THE COVID-19 PANDEMIC IN NIGERIA","authors":"P. Aidonojie","doi":"10.26532/jh.v38i1.18412","DOIUrl":"https://doi.org/10.26532/jh.v38i1.18412","url":null,"abstract":"It is a truism that several legal frameworks emphasize the right of a girl child in Nigeria. However, despite these legal frameworks that tend to recognize the rights and protection of the girl child, it has been observed that, before and during Covid-19 in Nigeria, there has been an increase of abuse of the girl child. The abuse of a girl child results from the Nigerian societal norms and legal framework missing link that downplay the protection of the girl child. It is concerning the above that this study adopts a hybrid research method, which includes a doctrinal and non-doctrinal approach in ascertaining the Nigerian societal norms and legal missing link concerning the protection of a girl child. Therefore, the study employs an online questionnaire survey sent to 322 respondents (randomly selected) who live in Nigeria to ascertain their view concerning the Nigerian societal norms and legal framework missing link concerning the protection of a girl child before and during the Covid-19. Therefore, the study found that, though there is a sufficient legal framework that provides for the protection of a girl child in Nigeria, the abuse of a girl child is on the increase. Therefore, it was concluded and recommended that for there to be effective care and protection of a girl child. There is a need for effective implementation of the relevant legal framework and eradication of all forms of legal technicalities that obstruct the cause of justice against the protection of a girl child. Furthermore, Government must re-orient most Nigerian society that places less emphasis on the rights of a girl child. ","PeriodicalId":53034,"journal":{"name":"Jurnal Hukum Pembangunan","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79499137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LAW ENFORCEMENT CONCERNING THE CRIME OF MONEY LAUNDERING BASED ON PANCASILA","authors":"Muhammad Ridwan Lubis","doi":"10.26532/jh.v38i1.20985","DOIUrl":"https://doi.org/10.26532/jh.v38i1.20985","url":null,"abstract":"The purpose of this research is to find out about law enforcement regarding the crime of money laundering in Indonesia based on Pancasila, and what are the obstacles faced. This study uses a normative juridical approach, the results of the study state that the crime of money laundering is legally regulated in Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. In Article 4 of Law no. 8 of 2010, also imposed on those who enjoy the proceeds of the crime of money laundering which is imposed on any person who hides or disguises the origin, source of location, designation, transfer of rights, or actual ownership of Assets which he knows or reasonably suspects is proceeds of a crime. In the crime of money laundering, there are at least two major problems in carrying out investigations and investigations faced by a country.","PeriodicalId":53034,"journal":{"name":"Jurnal Hukum Pembangunan","volume":"93 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79442146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"CORPORATE CRIMINAL LIABILITY POST ELIMINATION OF COAL FABA WASTE STATUS FROM B3 WASTE CATEGORY IN INDONESIA","authors":"Nur Hidayah Febriyani, H. Hartiwiningsih","doi":"10.26532/jh.v38i1.20971","DOIUrl":"https://doi.org/10.26532/jh.v38i1.20971","url":null,"abstract":"This study analyzes legal issues related to the elimination of fly ash and bottom ash (FABA) coal waste status from the hazardous and toxic waste category (B3) as a result of the promulgation of Governor Regulation No. 22 of 2021 on the Implementation of Environmental Protection and Management. This applied prescriptive study aims to explain the consequences of the legal policy on the concept of corporate criminal liability when corporation is committing criminal acts in the field of coal FABA waste management in Indonesia, which now is no longer belonged to the hazardous and toxic waste category (B3). The result showed that the implementation of penal sanctions on coal FABA waste management throughout 2014 to 2020 did not show any significant restoration nor reclamation in the location of contaminated area. At this time, the concept of coal FABA waste management mechanism which is no longer use strict B3 waste standards potentially raise problems related to environmental sustainability threats in the power plant zone. Moreover, the provisions of Article 88 UUPPLH is unapplicable to FABA waste corporate liability. This legal research belongs to normative legal research with statutory approach, conceptual approach. Data collection techniques are carried out with library study methods. ","PeriodicalId":53034,"journal":{"name":"Jurnal Hukum Pembangunan","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74793887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"IMPLEMENTATION OF REHABILITATION FOR DRUG ABUSES ACCORDING TO LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS","authors":"Bambang Tri Bawono, D. Wahyono, A. Laksana","doi":"10.26532/jh.v38i1.20869","DOIUrl":"https://doi.org/10.26532/jh.v38i1.20869","url":null,"abstract":"This study aims to determine and analyze the implementation of rehabilitation for narcotics abusers according to Law no. 35 of 2009 concerning Narcotics and Barriers and what solutions are faced in the implementation of rehabilitation for addicts or narcotics abusers. The approach method used in this research is juridical sociology. The results of this study indicate that the implementation of rehabilitation for addicts or victims of narcotics abuse in principle is carried out through court decisions or requests from addicts or victims of narcotics abusers. There are three stages carried out to return addicts or victims of narcotics abusers to their original state, namely the medical stage, the non-medical stage, and the periodic or advanced stage. The obstacles faced in the implementation of rehabilitation are addicts or victims of narcotics abusers who are already in a semi-crazy condition, addicts or narcotics abusers do not want to open up, family factors, and the view of the police who still apply imprisonment for narcotics addicts.","PeriodicalId":53034,"journal":{"name":"Jurnal Hukum Pembangunan","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85967667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}