Jurnal Penegakan Hukum Indonesia https://ojs.bdproject.id/index.php/jphi <p><strong>Journal Title : </strong>Jurnal Penegakan Hukum Indonesia</p> <p><strong>ISSN : </strong>2746-7406 (Online) 2746-7406 (Print)</p> <p><strong>Publisher : </strong>Scholar Center, PT. BDProject</p> <p><strong>Editorial Office: </strong>Jl. Brigjen Hasan Basri Komp. Polsek Banjarmasin Utara Jalur 3 No.9, Banjarmasin, Kalimantan Selatan, Indonesia (70125)</p> <p><strong>Indexed: </strong><strong style="background-color: #ffffff;"><a style="background-color: #ffffff;" href="https://journals.indexcopernicus.com/search/details?id=67853">Index Copernicus International: World of Journals, </a></strong><strong style="background-color: #ffffff;"><a style="background-color: #ffffff;" href="http://garuda.ristekbrin.go.id/journal/view/20178">Garuda: Garba Rujukan Digital, </a></strong><strong style="background-color: #ffffff;"><a style="background-color: #ffffff;" href="https://publons.com/journal/853023/jurnal-penegakan-hukum-indonesia/">Publons, </a></strong><strong style="background-color: #ffffff;"><a style="background-color: #ffffff;" href="https://www.worldcat.org/libraries/267267?backfrom=libraryProfile&amp;searchTerm=Jurnal%20Penegakan%20Hukum%20Indonesia&amp;start=1&amp;count=10&amp;libTypeNum=0&amp;sortBy=rel">OCLC WorldCat, </a></strong><strong style="background-color: #ffffff;"><a style="background-color: #ffffff;" href="https://onesearch.id/Repositories/Repository?library_id=4214">Indonesia One Search (IOS), </a></strong><strong style="background-color: #ffffff;"><a style="background-color: #ffffff;" href="https://scholar.google.com/citations?user=fVRX1XsAAAAJ&amp;hl=id&amp;authuser=6">Google Scholar, </a></strong><a style="background-color: #ffffff;" href="https://portal.issn.org/resource/ISSN/2746-7406"><strong>ROAD: Directory of Open Access Scholarly Resources</strong></a></p> <p><strong>Jurnal Penegakan Hukum Indonesia (JPHI) (E-ISSN: 2746-7406)</strong> is a Double-Blind Review Scientific Journal first launched in 2020 by Scholar Center under the administration of PT. Borneo Development Project. <strong>JPHI</strong> publishes three times a year in February, June, and October provides open access publication to support the exchange of global knowledge. The submission shall follow the blind peer-reviewed policy which aims to publish new work of the highest caliber across the full range of legal scholarship. All papers submitted to this journal should be written either in English or Indonesian. Principally, the journal's editorial policy is to favor contributions that will be of interest to a wide cross-section of its readership - contributions that, if specialized, nevertheless serve to bring out matters of broader interest or importance within their specialization.</p> en-US <p>JPHI is licensed under a <a href="http://creativecommons.org/licenses/by-nc-sa/4.0/">Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License</a></p> <p>Articles in JPHI are Open Access articles published under the Creative Commons CC BY-NC-SA License. <span style="font-weight: 400;">This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. </span></p> ifrani@ulm.ac.id (Dr. Ifrani, S.H., M.H.) mysrsaid@gmail.com (M. Yasir Said, S.H.) Fri, 08 Jul 2022 02:21:26 +0000 OJS http://blogs.law.harvard.edu/tech/rss 60 Perlindungan Hukum Terhadap Hak-Hak Keperdataan Anak Dari Perkawinan Campuran Yang Tinggal Di Indonesia Berdasarkan Undang-Undang Nomor 12 Tahun 2006 Tentang Kewarganegaraan https://ojs.bdproject.id/index.php/jphi/article/view/57 <p><em>There were many cases derived from transnational marriages. For an instance, many Indonesian international students have married their spouses from the country where they are studying. Transnational marriage is prone to future conflicts, especially regarding the status of the children. The civil rights of children from a transnational married couple living in Indonesia are regulated on Act No. 12/2006 on Citizenship (Citizenship Act). This research is pure legal research that is carried out by examining previous literature. From this study, it was found that the status of children born from transnational families according to the Citizenship Act is based on bloodlines following the father. If the father is a foreign citizen, the child will also be a foreign citizen. On contrary, if the father is an Indonesian citizen, the legal status of the child is also as an Indonesian citizen, from here the role of the mother becomes neglected. Furthermore, Citizenship Act guarantees that the children have the right to determine or choose citizenship after the age of 18 years, the child is required to choose one nationality. Legal protection for children born from transnational marriages is the right to choose their nationality.</em></p> Nahdhah Nahdhah, Norisnaniah Norisnaniah, Maria Ulfah Copyright (c) 2022 nahdhah, Norisnaniah, Maria Ulfah https://creativecommons.org/licenses/by-nc-sa/4.0 https://ojs.bdproject.id/index.php/jphi/article/view/57 Fri, 08 Jul 2022 00:00:00 +0000 Tindak Pidana Pencemaran Laut Akibat Tumpahan Di Balikpapan Dalam Perspektif Hukum Pidana Lingkungan https://ojs.bdproject.id/index.php/jphi/article/view/72 <p><em>The Panamanian-flagged ship MV Ever Judger, whose captain and the crew were all Chinese nationals, crashed into a pipeline belonging to PT Pertamina Refinery Unit 5 Balikpapan, breaking the pipe and dragging the ship, causing contamination of the sea by the oil. Because of this incident, we are interested in discussing: (1) How is the criminal responsibility for the perpetrators of the marine pollution due to oil spills? (2) Who is responsible for the oil spill case in Balikpapan? This research uses normative research methods. The results and discussion concluded: First, criminal liability is not only applied for individuals in that Ship but also to the corporations. Second, the application of the law regarding criminal acts of environmental pollution contains in-laws and regulations relating to environmental protection and management. The criminal provisions regarding environmental pollution exist in chapter XV regarding the criminal provisions of Act 32/2009. Regarding criminal sanctions for criminal acts of environmental pollution contained in Article 97 to Article 120 of Act 32/2009.</em></p> Yulianor Abdi Copyright (c) 2022 Yulianor Abdi https://creativecommons.org/licenses/by-nc-sa/4.0 https://ojs.bdproject.id/index.php/jphi/article/view/72 Tue, 12 Jul 2022 00:00:00 +0000 Application For Marriage Dispensation Post Application Of Law Number 16 Year 2019 Concerning Marriage In Jombang https://ojs.bdproject.id/index.php/jphi/article/view/71 <p><em>The applicable law has also been updated to adapt to the current situation and time, if it is deemed irrelevant then the applicable law will be abolished and replaced. With the new law, there will be impacts that arise both in society and in law enforcement officials. Consideration of the decision of the Religious Courts in adjudicating cases of marriage dispensation must also be in accordance with the evidence and testimony submitted during the trial so as not to injure the applicable law. The purpose of this study is to find out how effective the application for marriage dispensation is after the enactment of Law Number 16 of 2019. And how is the legal basis for adjudicating marriage dispensation cases at the Jombang Religious Court. This study uses descriptive qualitative research and a sociological approach is applied through data and statements obtained from the interaction between the researcher, the object under study, and the people in the research place. The results of this study indicate that the enactment of Law Number 16 of 2019 has an impact on the Religious Courts by increasing the number of requests for cases of filing early marriage dispensations, many factors have influenced this increase based on the provisions of PERMA Number 5 of 2019 which regulates the procedure for adjudicating Early marriage dispensation cases so that the current trial is more complicated than before.</em></p> Maya Shofia, Muhammad Andri Copyright (c) 2022 Muhammad Andri, Maya Shofia https://creativecommons.org/licenses/by-nc-sa/4.0 https://ojs.bdproject.id/index.php/jphi/article/view/71 Wed, 27 Jul 2022 00:00:00 +0000 Delegation Of Medical Tasks And Delivery Of Information By Doctors To Nurses Based On Law Number 38 Of 2014 Concerning Nursing https://ojs.bdproject.id/index.php/jphi/article/view/75 <p><em>Delegation is the delegation of authority in the process of transferring duties and responsibilities given by doctors to nurses, program implementers, or services to carry out certain tasks within a certain time. Legal actions in the medical world are carried out with the delegation of authority and informed consent in the provision of health care. Health is a human right that is recognized and protected by the 1945 Constitution of the Republic of Indonesia.</em></p> <p><em>Based on the results of the study, it is understood that the application of the law regarding the legal force of delegation of authority and informed consent must be carried out correctly following the Standard Operating Procedures (SOP) that have been established. there are, in addition, medical and non-medical already know and understand the rules and consequences of the actions to be taken in connection with the delegation of authority and the provision of informed consent.</em></p> Herry Febriadi Copyright (c) 2022 Herry Febriadi https://creativecommons.org/licenses/by-nc-sa/4.0 https://ojs.bdproject.id/index.php/jphi/article/view/75 Tue, 13 Sep 2022 00:00:00 +0000 Sanksi Pidana Tentang Pencemaran Nama Baik Melalui Media Internet https://ojs.bdproject.id/index.php/jphi/article/view/76 <p><em>Later, there were reports about defamation allegations by various parties. The causes vary, ranging from writing on mailing lists, forwarding emails, reporting corruption, reporting events in the media, revealing research results, and a series of other actions. This study aims to describe the legal arrangements regarding defamation in Indonesian criminal law and criminal sanctions for perpetrators of criminal defamation through the internet media. The type of research used is normative legal research, that is, research that focuses on norms and this research requires legal materials as the main data. Meanwhile, the nature of the research that the author uses is research that is descriptive analytical in the sense that all legal materials that the author gets will be described and described and then analyzed. The results showed that: The regulation of defamation law as stipulated in the Criminal Code interprets that, the main element of the criminal act of defamation is the intention to attack a person's honor or good name so that the general public knows about it, as well as the absence of elements for the public interest and / or self-defense in it. This criminal act of defamation is also a complaint, where a person who defames another person cannot be prosecuted if there is no complaint from the person who has been defamed, as stipulated in Article 319 of the Criminal Code. As for the criminal liability for perpetrators of criminal defamation in the ITE Law, this is contained in article 51 paragraph (2) of Law Number 11 of 2008 concerning Electronic Information and Transactions in which a person who disseminates electronic information that contains insults and/or defamation and results in losses to others will be subject to a maximum prison penalty of 12 years and/or a maximum fine of 12 billion rupiah.</em></p> Sri Herlina Copyright (c) 2022 Sri Herlina https://creativecommons.org/licenses/by-nc-sa/4.0 https://ojs.bdproject.id/index.php/jphi/article/view/76 Mon, 10 Oct 2022 00:00:00 +0000 Evaluasi Kebijakan Tarif Cukai Rokok Elektrik Guna Mendorong Persaingan Usaha Yang Sehat https://ojs.bdproject.id/index.php/jphi/article/view/78 <p><em>The tariff on the open and closed liquid system of e-cigarettes has a significant gap. Both products have the same characteristics, with the main difference in the liquid-filling mechanism. The open system allows the user to fill in manually, while in the closed system the liquid and shells are just installed into the device. Even though they both contain the same substance, the tariff on the closed system (Rp. 6,030/ml) is 14 times higher than the open system (Rp. 445/ml). Therefore this study is focussing on aspects of tariff policy on e-cigarettes from the competition law. This research is directed to evaluate the e-cigarette tariff policy in competition law as an effort to strengthen the function and role of the government to promote fairness in competition. This research was conducted using a normative/doctrinal juridical method. The results of the study indicate that differences in tariff rates have caused polemics not only from a business standpoint but also from the role and function of the government as a regulator of fair business competition. Separation and differentiation of tariff rates on Open Systems and Closed Systems have led to unequal treatment in business competition. This policy is detrimental to the business actors because they have to pay a tariff rate 14 times higher than that of their competitors. Whereas in order to carry out its functions and roles, the government should act as the competition policy maker and as an advocate of competition. Thus the government as a regulator plays an important role to create responsive and fair policies for business competition.</em></p> Mukti Fajar ND Copyright (c) 2022 Mukti Fajar Nur Dewata https://creativecommons.org/licenses/by-nc-sa/4.0 https://ojs.bdproject.id/index.php/jphi/article/view/78 Wed, 19 Oct 2022 00:00:00 +0000