https://ejournal.unikama.ac.id/index.php/jph/issue/feed Jurnal Panorama Hukum 2022-02-19T02:32:19+00:00 Fahmi Arif Zakaria fahmiaz@unikama.ac.id Open Journal Systems <p>&nbsp;</p> <table border="0" width="100%" cellspacing="10" cellpadding="4"> <tbody> <tr valign="top"> <td width="20%"> <p><img src="/public/site/images/fahmiaz/1._COVER_JURNAL_FH_II_baru_1.jpg" width="121" height="171"></p> </td> <td width="40">&nbsp;</td> <td valign="top" width="100%"> <table class="data" style="height: 225px;" width="617" bgcolor="#f6ffb1"> <tbody> <tr valign="top"> <td width="20%">Journal title</td> <td width="40">: Jurnal Panorama Hukum</td> </tr> <tr valign="top"> <td width="20%">Initials</td> <td width="40">: JPH</td> </tr> <tr valign="top"> <td width="20%">Frequency</td> <td width="40">: 2 Issues every year (June and December)</td> </tr> <tr valign="top"> <td width="20%">DOI</td> <td width="40">: Prefix 10.21067 by <img src="http://ijain.org/public/site/images/apranolo/Crossref_Logo_Stacked_RGB_SMALL.png" alt="" height="14"></td> </tr> <tr valign="top"> <td width="20%">ISSN (print)</td> <td width="40">: <a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1468302052&amp;26&amp;&amp;" target="_blank" rel="noopener">2528-1992</a></td> </tr> <tr valign="top"> <td width="20%">ISSN (online)</td> <td width="40">: <a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1463040548&amp;1&amp;&amp;" target="_blank" rel="noopener">2527-6654</a></td> </tr> <tr valign="top"> <td width="20%">Editor-in-Chief</td> <td width="40">: Suciati</td> </tr> <tr valign="top"> <td width="20%">Publisher</td> <td width="40"><strong>:</strong> Faculty of Law <a href="http://unikama.ac.id/id/" target="_blank" rel="noopener">Universitas Kanjuruhan Malang</a></td> </tr> </tbody> </table> </td> </tr> </tbody> </table> <p>Jurnal Panorama Hukum is published twice a year (June and December) by Faculty of Law, Universitas Kanjuruhan Malang. Jurnal Panorama Hukum as a Forum for Information and Development of Law Science which contains Research Result, Study and Application of Theory and Conceptual Ideas from Law Observers. ISSN P: <a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1468302052&amp;26&amp;&amp;" target="_blank" rel="noopener">2528-1992</a> &amp;&nbsp; ISSN e: <a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1463040548&amp;1&amp;&amp;" target="_blank" rel="noopener">2527-6654</a></p> https://ejournal.unikama.ac.id/index.php/jph/article/view/5917 Upaya Perlindungan Terhadap Hak Narapidana Kategori Lanjut Usia 2022-02-19T02:32:07+00:00 Dewo Tegar Prakoso dewotegar@gmail.com Mitro Subroto dewotegar@gmail.com <p>In correctional institutions, the number of cases of elderly prisoners is still quite a lot. In fact, even the elderly can violate the law. In serving the sentence of inmates with the status of the elderly, it is necessary to protect their rights because of the decline in the cycle of human life. The Ministry of Law and Human Rights of the Republic of Indonesia has taken an action to base reference on international standards for special treatment for elderly prisoners. The release of prisoners' rights should be carried out in every correctional institution because the elderly are included in the category of vulnerable group prisoners who require special attention. The discussion in this article is useful for explaining the implementation of services and protection of rights that belong to elderly prisoners. This article is descriptive. Through the discussion presented, it is hoped that it can become a basis in the form of scientific studies in order to build a global commitment to the fulfillment and enforcement of human rights in prisons</p> 2022-02-17T06:36:32+00:00 Copyright (c) 2022 Jurnal Panorama Hukum https://ejournal.unikama.ac.id/index.php/jph/article/view/5919 Upaya Pemenuhan Standar Kehidupan Yang Layak Bagi Narapidana Lansia Di Lembaga Pemasyarakatan Kelas II A Jambi 2022-02-19T02:32:09+00:00 Kumdhan Prasetheo Nuari Kumdhan12366@gmail.com <p>This study aims to find out how the effort to fulfill a decent standard of living for elderly inmates (elderly) in the Class II A Jambi Penitentiary is and what obstacles are faced by the correctional institution in the effort to fulfill this process. In achieving these goals, the data collection techniques used are direct field observations, case studies and reinforced by interviews with informants. The data obtained from the results of this study were processed through a qualitative approach using juridical-empirical analysis to find out how the process of fulfilling a decent standard of living for elderly prisoners in terms of eating, drinking, health, sleeping accommodation and sleeping equipment is. The results of this study indicate that: 1. The process of fulfilling the rights of elderly prisoners in the Class II A Jambi Penitentiary is quite feasible. However, the elderly inmates complained more about the residential rooms that were not separated. In the process of implementing the proper fulfillment of the rights of elderly prisoners in terms of accommodation of residential rooms, it has not been in accordance with the guidelines of the Minister of Law and Human Rights Number 32 of 2018 concerning Treatment for Elderly Detainees and Inmates. 2. Obstacles encountered in the implementation of proper fulfillment of the rights of elderly prisoners in the Class II A Jambi prison include the low budget so that it has an impact on the quality of facilities and infrastructure that are not maintained and inadequate in supporting the special treatment given to the elderly prisoners. The unavailability of sufficient room for elderly inmates to rest properly, due to overcrowded which has almost reached 500%, has not been optimal in the implementation of fulfilling a decent standard of living for elderly inmates.</p> 2022-02-17T06:40:08+00:00 Copyright (c) 2022 Jurnal Panorama Hukum https://ejournal.unikama.ac.id/index.php/jph/article/view/6009 Eksistensi UPICC Sebagai Instrumen Soft Law dalam Praktik Perdagangan Internasional 2022-02-19T02:32:11+00:00 Gita Gea gitavenolita@yahoo.com <p>International trade practice is based on international treaties or agreements. Treaties in international law paradigm on its development now distinguished on the form of hard law or soft law. Soft law is identical with its characteristic as a legal instrument that has no juridical binding power. UPICC as a legal instrument on international trade sector tries to harmonize the international trade law but it has the nature of soft law. This paper aims to examine the purpose of UPICC existence on its effort of harmonizing the diversity of international trade law while its characteristic is defined as a soft law. Based on this research that was conducted by juridical-normative method, it is understood that the characteristic of UPICC as a soft law makes it as legal instrument that is able to adapt with the development of international trade law also to become the reference on reforming the international trade law.</p> 2022-02-17T06:40:57+00:00 Copyright (c) 2022 Jurnal Panorama Hukum https://ejournal.unikama.ac.id/index.php/jph/article/view/6041 Efektifitas Pembinaan Kemandirian Terhadap Narapidana Lansia 2022-02-19T02:32:13+00:00 Githadana Ayu Syalsabila githadana99@gmail.com Mitro Subroto subrotomitro07@gmail.com <p>The exercise of coaching inmates in return to return to a good and acceptable society is essential. Elderly prisoners are part of vulnerable groups that cannot be compared to other productive - age inmates. Government regulation number 31 explains that convicts must get coaching, one of which is that they build self-reliance. Elderly prisoners are obliged to get coaching and can be adapted to a proper self-reliance program. The purpose of the writing is to know how effective the cultivation of independence toward older inmates is. Writing has been studied using qualitative methods with descriptive writing and approaches to legislation. In reality, there is still much to be said about the same process in which the self-reliance process is applied to the elderly and other productive age inmates. The service rendered to elderly (elderly) inmates has also not been seen, such as physical and spiritual service.</p> 2022-02-17T06:42:55+00:00 Copyright (c) 2022 Jurnal Panorama Hukum https://ejournal.unikama.ac.id/index.php/jph/article/view/6084 Analisa Kriminologis Kejahatan Pencurian Berdasarkan Teori Differential Association 2022-02-19T02:32:15+00:00 Widia Sari widiiaasary@gmail.com Hana Farida widiiaasary@gmail.com <p>Theft is one of the most basic topics in criminal justice and sociology. There are researchers from various fields trying to find significant reasons for this problem; whether it is sociological, physical or psychological. To find out what are the factors behind the occurrence of the crime of theft based on the theory of differential association and to be a learning material in order to minimize the crime. The method used in writing this journal article is by using data and data sources and drawing conclusions. Stated that delinquent behavior was learned and adhered to by criminal parents or criminal groups. This departs from the concept of differential association theory, and there are several studies examining this relationship showing how peer delinquency is related to the transition between theft and problematic behavior that occurs together. In addition to the influence of peer groups and deviant parents, the researchers also found that a bad environment, fragile personality, and poverty play an important role in the theft committed by minors. such as family (socialization) and school (education).</p> 2022-02-17T06:44:12+00:00 Copyright (c) 2022 Jurnal Panorama Hukum https://ejournal.unikama.ac.id/index.php/jph/article/view/6120 Pemberian Hak Narapidana Lanjut Usia dalam Pemenuhan Hak Kesehatan Di Lembaga Pemasyarakatan 2022-02-19T02:32:17+00:00 Devi Ayu Febrianti febriantideviayu@gmail.com Mitro Subroto subrotomitro07@gmail.com <p>This study aims to explain the granting of the rights of elderly prisoners in the fulfillment of health rights, the obstacles of the Correctional Institution in fulfilling the rights of elderly prisoners in the health sector and the efforts made by the correctional institutions in dealing with the inhibiting factors in the process of granting these rights. This study applies a descriptive qualitative methodology, the writing aims to provide an understanding of the problems, symptoms, facts, reality, and events that occur. Through in-depth and extensive discussion, it is hoped that the reader will understand the contents of this paper and gain a new understanding. The results obtained indicate that the implementation of the granting of the rights of elderly prisoners in the fulfillment of health rights in prisons has not run optimally, because there are still obstacles experienced. Prison efforts in facing obstacles, so that the implementation of the granting of the rights of elderly prisoners in the fulfillment of health rights. It is hoped that the efforts carried out can resolve obstacles in fulfilling the health rights of elderly prisoners which are carried out as optimally as possible so that there are no deviations in the granting of these rights.</p> 2022-02-17T06:45:50+00:00 Copyright (c) 2022 Jurnal Panorama Hukum https://ejournal.unikama.ac.id/index.php/jph/article/view/6227 Analisis Kasus Begal Sepeda Motor di Kota Kendari (Studi Kasus Putusan Nomor.308/Pid.B/2021/PN Kdi) 2022-02-19T02:32:18+00:00 Karina Luana Pramesti Widodo karinluana47@gmail.com Hana Faridah Karinaluana47@gmail.com <p>During the COVID-19 Pandemic, criminal acts of crime increased in big cities. The rise of the crime of theft of motorbikes is a social problem, namely problems in the community, because the perpetrators and victims are members of the community as well. In the perspective of criminology, crime is a human act that tarnishes the basic values and norms of society, acts that violate the rules that live and develop in society. Eventhough crimes are criminal acts and the sanctions or punishments, the community still commits crimes. The method used in this study is a normative legal research method, research that examines documents, various secondary data such as legislation, legal theory, court decisions and legal expert opinions. Several factors cause people to commit crimes of theft and violence because of the necessities of life. However, it is a bad act that must be done because it endangers other people to the point of taking lives.</p> 2022-02-17T06:46:53+00:00 Copyright (c) 2022 Jurnal Panorama Hukum https://ejournal.unikama.ac.id/index.php/jph/article/view/6217 Penyelesaian Sengketa Hak Kepemilikan Tanah (Studi Pada Masyarakat Desa Pandan Sejahtera Dengan Pt. Indonusa Agromulia Kecamatan Geragai Kabupaten Tanjung Jabung Timur) 2022-02-19T02:32:19+00:00 Baso Iping haeran.linguistik@gmail.com Besse Patmawanti bessepatmawanti84@gmail.com <p>This research aims to explore the land conflict between Pandan Sejahtera village societies and PT. Indonusa Agromulia Geragai District East Tanjung Jabung Regency and the obstacles faced in finishing. The method used in this research is qualitative method. The data consist of primary and secondary. Data collection procedures through observation, interview and documentation. The technique of data analysis is qualitative and presented in the descriptive. Based on the research concluded: first, the process of land conflict solution between Pandan Sejahtera village societies and PT. Indonusa Agromulia Geragai District East Tanjung Jabung Regency through out of court and by court. The step of conflict solution through out of court by facilitation and meditation, where the government of East Tanjung Jabung has role as facilitator and mediator. Even though, in this process can’t solute conflict that happen until follow the second way through court. The second way also can’t be followed by Pandan Sejahtera village societies because they never receive the state court of East Tanjung Jabung Regency. Moreover, Pandan Sejahtera village societies ask to the government of East Tanjung Jabung to facilitate and mediate the conflict solution. Second, the obstacles faced in the land conflict solution of Pandan Sejahtera village societies and PT. Indonusa Agromulia, namely: (a) the absence who follow conflict; (b) no good perception from each follow conflict; (c) the difference abilities and education between them; and (d) the regulation assumed make late the process of conflict solution, because part of government of East Tanjung Jabung as facilitator and mediator can’t be as the decision maker.<br><br></p> 2022-02-17T00:00:00+00:00 Copyright (c) 2022 Jurnal Panorama Hukum