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Kurnia Tanu Putra; Devina Chandra; Lioni Anggraini; Muhamad Bintang Guntoro; Fernando Lim +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study compares the recovery systems for victims of psychosocial violence and traffic accidents from the perspective of Unlawful Acts (PMH) in Indonesia and Malaysia. Using library research, this study analyzes the legal framework, institutions, and social and psychological approaches used by both countries to support the victim recovery process. In Indonesia, the victim recovery system is still oriented towards material compensation and administrative settlements, with limited recognition of immaterial losses such as trauma and psychological disorders. In contrast, Malaysia has developed a victim-centered justice approach that positions victims as the subject of recovery, through regulations such as the Domestic Violence Act 1994 (Amendment 2017), the Road Transport Act 1987, and compensation mechanisms through the Motor Insurers’ Bureau of Malaysia (MIB) and the Victim Compensation Fund. This approach comprehensively integrates legal, social, and psychological recovery, including free counseling services through the One Stop Crisis Center (OSCC) and Talian Kasih 15999. The study's findings indicate that Malaysia has moved toward a holistic human recovery paradigm, while Indonesia still needs to strengthen its victim recovery system by addressing the psychological and social dimensions to align with the principles of restorative justice.

Mursani Mursani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study examines The Legal Position of the Peace Deed as a Means of Dispute Resolution for Parties Outside the Court, focusing on the notary’s authority and the legal strength of the peace deed compared to court decisions. Using a normative juridical method, this research emphasizes an analysis of positive legal provisions such as the Indonesian Civil Code, the Notary Law, and the Law on Arbitration and Alternative Dispute Resolution. The findings indicate that notaries possess legal authority to draft peace deeds as authentic instruments ensuring legal certainty and justice for disputing parties. A peace deed made before a notary holds the same legal force as a court decision with permanent legal effect (inkracht van gewijsde) and may serve as an executorial title when issued in the form of a grosse acte. Thus, the notarial peace deed functions as an effective, efficient, and equitable legal instrument for resolving disputes, reinforcing the principles of simplicity, speed, and low cost within the national legal system.

Khairuddin Hasibuan; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

The renewal of the Criminal Procedure Code (KUHAP) through the Draft Law (RUU) KUHAP opens up space for in-depth philosophical reflection on the relationship between law, justice, and humanity. This article examines the challenges of harmonizing the principle of due process of law, which emphasizes respect for individual rights in every legal process, with the criminal justice system, which is oriented towards efficiency and the purpose of punishment. This harmony is not only a technical and normative matter, but also a matter of shared understanding of what is meant by justice in the context of a more humane and human rights-based criminal justice system. Using a philosophical legal perspective, this article explores the potential for conflict and convergence between the two principles, and seeks common ground within the framework of Pancasila legal values ​​and Islamic law that prioritize humanity, substantive justice, and a balance between individual rights and the public interest. The renewal of the RUU KUHAP, in this context, is not merely a structural change, but a journey towards a legal system that guarantees the depth of justice, which is not only seen from a procedural perspective, but also from the moral and social essence of the law itself.

Gracia Irena Saputri; Christian Wiradendi Wolor; Marsofiyati Marsofiyati

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

This research discusses public information in the Pademangan Sector Police. Public information is an important part of public administration. Public information is all information that is publicly available and can be accessed by the public freely. This information may include government data, public reports, legal documents, or other relevant content. The importance of public information in society is to encourage transparency, accountability and citizen participation in the democratization process. However, effective management and access to public information also raises issues related to privacy, security and ethics. The use of public information is also to provide open and transparent access to information produced or managed by the government or public institutions to the general public. This aims to enable the public to understand, monitor and participate in government and decision-making processes. Public information enables the public to have sufficient knowledge to evaluate government performance, understand public policy, and play an active role in community development and maintaining government accountability. Therefore, it is important for the government and other agencies, including the police, that provide public information to consider the interests of the community and maintain the basic principles of fair and just public information.

Lendrie Adi P. Rembet

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

A large number of road users who often pass by on the highway every day can cause problems in traffic, one of which is a traffic accident. The purpose of this study was to determine the effectiveness of criminal law enforcement in handling traffic violations. The research method used is qualitative research through literature study by applying the legal and statutory approaches that apply in Indonesia. The goal of public protection and safety can be achieved through enforcing criminal law in traffic violations. By imposing strict criminal sanctions, it is expected to prevent repeated violations and provide a deterrent effect to offenders. Justice and responsibility are important principles in enforcing criminal law on traffic violations.

Tubagus Andri Purnama; Yohanes Firmansyah; Anna Maria Tri Anggraini‬; Elfrida Ratnawati Gultom; Imam Hartanto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

Legal certainty can be reached by good and explicit principles in a legislation, as well as its application. Investment requires legal certainty as well. On April 26, 2007, the Investment Law No. 25 of 2007 was enacted. This legislation was enacted to replace Law No. 1 of 1967 on Foreign Investment and Law No. 6 of 1968 on Domestic Investment. There are eleven factors that serve as benchmarks for gauging a country's ease of doing business. One of the indications is related to the resolution of investment conflicts, or in this case, contract enforcement and bankruptcy proceedings. According to the Doing Business 2019 report, Indonesia ranks 73rd (seventy-three) in terms of ease of doing business. Indonesia's EoDB ranking remains distant from the aim of entering the world's top 40 (forty) ranks. This is due to the fact that, among other things, dispute resolution in Indonesia still has various issues, including basic regulations, the trial procedure, and decision implementation. Meanwhile, affordable, fast, and simple conflict resolution facilities are required in the corporate world (according to EoDB indications). The results of this descriptive analytical research utilizing a normative juridical approach reveal that there is no implementing regulation of Law Number 25 of 2007 concerning Investment, which focuses on discussing investment disputes, therefore there is no strong legal certainty in investing in Indonesia. Furthermore, there are several issues concerning the resolution of bankruptcy cases, some of which stem from regulations, namely Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, some of which can result in certain interests, the length of the bankruptcy court process, and legal certainty following the bankruptcy decision. A breakthrough or update that can support EoDB is required, one of which can be done in the field of investment dispute resolution, particularly connected to contract enforcement and bankruptcy case settlement, by creating implementing regulations and updating associated regulations.