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Suyanto R. Sumarta; Azis Budianto

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to explore and reconstruct the legal protection policy for justice collaborators in corruption crimes in Indonesia. Although their existence is vital in combating corruption, many perpetrators are reluctant to come forward due to uncertainty in protection and the potential risks they face. Weaknesses in the existing policies, including a lack of transparency and adequate security guarantees, hinder perpetrators from collaborating with law enforcement. Therefore, this research identifies various challenges faced by justice collaborators and highlights the importance of comprehensive legal protection reform. This study offers recommendations for appropriate and effective legal protection efforts for justice collaborators in handling corruption cases. By analyzing protection practices in other countries and applying restorative justice principles, this research aims to provide solutions that not only protect justice collaborators but also enhance public trust in the justice system. It is hoped that the results of this research can contribute to formulating more effective and responsive policies to meet the protection needs of justice collaborators in Indonesia, encouraging more perpetrators to bravely come forward in the fight against corruption.

Mulya Putra; Muhammad Miftah Al-Khalili; Attala Rania Insyra Pasaribu; Sakholid Nasution

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

This study aims to explain the linguistic approach, one of the methods used in Islamic teaching. One of the options in Islamic education is linguistics, which aims to investigate the principles of Islamic education before trying to offer meanings that are in line with the difficulties and developments of today's era. To build the main core covering the linguistic approach in Islamic education, this study uses a literature study technique, which involves collecting reference sources that are considered relevant to the research problem and then distributing them. The results of the study, language is a sound sign that is considered to reflect how human reason and emotion are perceived. Humans use this sound sign to validate their internal identity and their perception of the surrounding environment. To keep Islamic teachings in line with the current cycle of development and change, this study effectively shows the important function that language plays in articulating it. The noble and moderate teachings of Islam can be misinterpreted by linguists.

Andi Kurniawan; Tardip Panggabean; Riana Wulandari Ananto

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Cases of serious maltreatment are one of the legal problems that have a serious impact on victims and society in general. The handling of such cases requires a careful review of the judge's decision to ensure justice and appropriate legal protection. This research aims to juridically analyze the judge's decision in a case of serious maltreatment, by taking a case study of Decision No. 568/Pid.B/2014/PN.Jak.Sel. The approach method used is normative juridical research method with data collection through literature study. The results of the analysis show that the judge's decision has considered various factors such as existing evidence, applicable law, and the principles of criminal law. However, there are several aspects that require further attention, such as consideration of the punishment imposed in proportion to the crime committed and consideration of rehabilitation of the perpetrator. Therefore, wisdom is needed in law enforcement as well as a deep understanding of the value of justice in court decisions.

Gilang Gemilang; Sumarno Sumarno; Suci Ramadhani

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The police are a civil public intermediary that regulates order and law. Police officers as state servants must uphold humanitarian values ​​and be an example for society. As stated in the oath and promise of members of the Indonesian National Police. This is stated in the opening of the code of ethics of the Indonesian National Police profession. According to Law Number 2 of 2002 concerning the Indonesian National Police. The function of the police is one of the functions of the state government in the field of maintaining public security and order, law enforcement, protection, shelter, and service to the community. The problem raised is the working relationship between police function units in disclosing criminal acts at the Medan Helvetia Police. The method used in discussing the formulation of the problem is normative legal research. Normative legal research is an approach carried out based on primary legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. The working relationship between the police functional units in disclosing criminal acts at the Medan Helvetia Police, namely starting from the SPKT Unit of the Medan Helvetia Police coordinating with the police functional units at the Medan Helvetia Police to conduct a crime scene check (TKP); the Samapta Unit carries out security around the house object; the Intelkam Unit conducts an investigation into the case, collects information or (Pulbaket); the Criminal Investigation Unit conducts an in-depth investigation at the crime scene; the Traffic Unit regulates traffic around the crime scene; the Binmas Unit coordinates with the Head of the Environment and local sub-district and the Samapta Unit of the Medan Helvetia Police carries out patrols in the area. Meanwhile, the factors that hinder the working relationship between the police functional units in disclosing criminal acts at the Medan Helvetia Police are external factors such as the lack of public knowledge of the importance of handling the crime scene (TKP); time factors; weather factors. While internal factors consist of being less careful or careless towards an object; lack of facilities and infrastructure for officers; quality of identification officers; facilities and infrastructure.

Raudatun Nazwa; Alifya Zhafira; Annisa Hamdah; Mufti Wardani; Ahmad Muhajir +1 more

Lembaga Pengembangan Kinerja Dosen 2024 Lembaga Pengembangan Kinerja Dosen

This study examines the role of the legislative body in safeguarding and maintaining democracy in Indonesia from a constitutional law perspective. The research focuses on how the legislature carries out its functions of legislation, oversight, and budgeting to ensure democratic principles are upheld. It also assesses the legislature's role in holding the government accountable and balancing power with the executive and judiciary branches. The findings show that the legislature plays a significant role in creating transparent, accountable governance aligned with the constitution.

Moh. Eka Valen Arman; Yusrianto Kadir; Roy Marthen Moonti; Muslim A. Kasim

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to juridically analyse the use of testimonial witness testimony de auditu in cases of sexual abuse of minors with a case study of case number 26/Pid. Sus/2024/PN Lbo. In the context of criminal law, testimonial witness testimony de auditu refers to a statement submitted by a witness regarding what he heard from another party, which cannot be used as direct valid evidence, but can provide relevant clues. This research examines the admissibility and influence of such testimony on evidence in cases of child sexual abuse, as well as its relevance in the Indonesian criminal justice system. The method used is Empirical approach by analysing legal practices, as well as related court decisions. The results showed that de auditu testimony has limitations in terms of evidentiary power, its use in cases of child sexual abuse, de auditu witness testimony should be accepted, but must be supplemented with additional evidence such as medical examinations, digital evidence, or witnesses who can confirm the event. Judges should prioritise the principles of caution, objectivity and fairness in evaluating such testimony, to ensure that the decision made is not only fair to the victim but also to the defendant.

Syairulan A. Radjak; Ahmad, Ibrahim; Moonti, Roy Marthen

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Guarantee fiduciary guarantees play an important role in economic financing in Indonesia. However, implementation of fiduciary guarantee execution often leads to legal conflicts, especially the abuse of executorial power by creditors. Court Decision Constitutional Court Decision Number 18/PUU-XVII/2019 changes the execution mechanism to better protect the rights of debtors and emphasize the principle of justice. protect the rights of debtors and emphasize the principle of justice. This raises the need to reformulate Perkap No. 8/2011 to be relevant to the changes.changes. Research This research uses a normative method that analyzes the relevant laws and regulations related laws and regulations, the principles of justice, and their compatibility with social dynamics. The focus is to review the relevance and weaknesses of Perkap No. 8/2011 after the Constitutional Court Decision. The Constitutional Court's ruling limits unilateral execution and requires an acknowledgment of default or a court decision before execution. default or court decision before execution is carried out. This increases the protection of debtors' rights, but also adds procedural burdens for creditors. for creditors. The reformulation of Perkap No. 8/2011 is necessary to ensure that execution is more fair and lawful. The reformulation should include mechanisms that prioritize legality, protection of debtor rights, and oversight of abuse. monitoring against abuse. Synergy between the court, the police, and related parties need to be strengthened to create a balanced and transparent legal ecosystem and transparent.

Syahrul Ikhsan; Kamal Hasuna; M. Khairul Amin; Wahdini Wahdini; Muskhan Adnan +1 more

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to explore and analyze the implementation of public service principles in the Legal Bureau of the Central Kalimantan Provincial Secretariat. The method used is qualitative research with a descriptive approach, which aims to provide an in-depth understanding of public service practices applied in the agency. Data were obtained through in-depth interviews with related parties, direct observation, and documentation studies. The results of the study indicate that the implementation of public service principles such as transparency, accountability, responsiveness, and participation in the Legal Bureau of the Central Kalimantan Provincial Secretariat has been carried out well, although there are several challenges faced, such as limited human resources and adequate infrastructure. The improvement efforts made include increasing employee capacity and utilizing information technology to accelerate the service process. This study provides an important contribution in understanding the dynamics of public services in the legal sector and becomes a consideration for the improvement and development of the service system at the provincial government level. It is hoped that this study can be a reference for further research and to improve the quality of public services in Central Kalimantan.

Ahmad Reza Maulana; Muhammad Fajriansyah Solichin; Muthmainah Muthmainah; Rendy Pratama

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Communication ethics is a set of principles that regulate how to communicate politely, courteously, and effectively, which is very important in everyday life, especially in the educational environment. However, communication ethics skills are often not optimally mastered by students due to the lack of interactive and relevant learning media. This research aims to develop innovative role-playing-based learning media designed to improve the communication ethics skills of grade 8 students at MTs Al Azhaar Ummu Suwanah. This research is motivated by the importance of communication ethics skills as one of the basic competencies in learning, which is often poorly facilitated through conventional learning methods. This role-playing media is designed to provide an interactive learning experience through simulating everyday communication situations that are relevant to students' lives. Effectiveness testing was carried out through limited trials and field trials involving 8th grade students as research subjects. Data were collected through observation, and expert validation. The results showed that this role-playing learning media was effective in improving students' communication ethics skills. In addition, this media is also considered attractive, easy to use, and able to create a fun learning atmosphere. Thus, the role-playing board can be an innovative alternative to support the interaction-based learning process and direct practice in the classroom.

Ilma Azzahra Kurniawan; Slamet Tri Wahyudi; Supardi Supardi

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of writing this thesis is to find out about the Judge's considerations in issuing a Niet Ontvankelijk Verklaard (NO) verdict on domestic violence cases in military courts and to find out how the verdict should be issued on domestic violence cases in military courts. The type of research used is normative legal research because in this study the author focuses on the inconsistency between the expected conditions that have been regulated in the law and the reality that actually occurs, where this study uses a legislative approach, a case approach, and a conceptual approach. The conclusion of this study is that the Judge's consideration in issuing a Niet Ontvankelijk Verklaard (NO) verdict on domestic violence cases in military courts is because the victim has withdrawn her complaint before the main case examination, even though the withdrawal of the complaint violates Article 75 of the Criminal Code, the Judge still grants the request because the Judge uses the Supreme Court Decision Number 2238 K / Pid.Sus / 2013 dated March 5, 2014 and the Supreme Court Decision Number 1600-K / Pid / 2009 and the Judge prioritizes the value of justice in resolving the case and uses the principles of fast, simple, and low-cost justice. Because the Niet Ontvankelijk Verklaard (NO) verdict is not known in criminal cases, in the author's opinion, ideally the Judge should issue a suspended sentence because the type of suspended sentence is also a type of punishment and is not at all an acquittal or deletion, while the existence of a probationary period that has been determined by the Judge aims to educate the perpetrator to be more careful and able to improve themselves

Luthfiah Luthfiah

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Sharia financial institutions continue to develop along with increasing public demand for services that comply with sharia principles. Among the various products offered, the Wakalah and Rahn contracts are two important instruments in providing diverse and flexible services. The Wakalah contract, which is a form of representation in transactions, allows customers to appoint a financial institution as a representative in managing their financial affairs. Meanwhile, the Rahn contract, or sharia pawn, allows customers to obtain financing by handing over goods as collateral. This research aims to explore the implementation and benefits of service products in sharia financial institutions that use Wakalah and Rahn contracts. The method used is literature study and case analysis of several sharia financial institutions in Indonesia. The research results show that the use of Wakalah and Rahn contracts not only increases flexibility and security for customers, but also supports the growth and stability of Islamic financial institutions. In addition, products based on these two contracts have been proven to be able to meet the diverse financial needs of society, while maintaining compliance with sharia principles. Thus, the integration of Wakalah and Rahn contracts in service products at sharia financial institutions is an effective strategy in supporting financial inclusion and sustainable economic development.

Azaria Putri Illona; Hikmatul Salwa; Arjun Bangkit Prayoga; Wahdatul Dea Saputri; Astika Nurul Hidayah

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Abstract. Muhammadiyah's rational approach in establishing just law shows the integration of Islamic values ​​with the modern context. This study aims to explore Muhammadiyah's contribution in the formation of maqashid sharia-based law, emphasizing social justice and the relevance of Islamic law in the era of globalization. The research methods used include literature review and document analysis to identify Muhammadiyah's approach to ijtihad and maqashid sharia. The results of the study show that Muhammadiyah's progressive approach has a significant impact in overcoming contemporary legal challenges, such as gender equality and economic justice. This approach also strengthens the global discourse on just Islamic law, by promoting universal principles derived from Islamic values.

Dwi Putri Melati; Bagus Setiadi

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to evaluate the effectiveness of the application of criminal procedural law in ensuring justice for defendants and victims. Criminal procedural law has an important role in ensuring that the defendant's rights, such as the presumption of innocence and the right to self-defense, are fulfilled. On the other hand, this law must also protect the rights of victims, including providing justice and adequate recovery. However, in practice, there are various challenges that hinder its implementation, such as wrongful arrest, manipulation of the legal process, and lack of sensitivity towards victims. Using normative research methods, this study analyzes statutory regulations, legal doctrine, and concrete cases to assess the effectiveness of criminal procedural law.  The research results show that the implementation of criminal procedural law in Indonesia still faces various obstacles, such as weak implementation of fair trial principles, slow legal processes, and lack of professionalism of law enforcement officials. This condition makes it difficult to achieve a balance of justice for the defendant and victim. This research recommends reforming the legal system, increasing the capacity of the apparatus, and strengthening victim protection mechanisms as an effort to increase the effectiveness of criminal procedural law in ensuring substantive justice.

Tri Bowo Hersandy Febrianto; Handar Subhandi Bakhtiar

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Visum et repertum is a statement made by a forensic doctor at the written request of an investigator for the purposes of proof in a criminal act, one of which is the crime of murder. Visum et repertum is used as a substitute for the corpse of a crime victim who cannot possibly be presented in court, so it plays a very important role in revealing the identity, time and cause of death.  This research aims to explain the urgency of the post mortem et repertum in proving the crime of murder so that the resolution of the case becomes clear and clear. The approach method used is normative juridical which is an approach carried out based on the main legal material by examining theories, concepts, legal principles and statutory regulations and by using one of the Marsinah cases as a benchmark for the urgency of post mortem. et repert. The results of the research show that post mortem et repertum has an important role in proving the crime of murder, namely that it can help provide clues to the identity, time and cause of death of the murder victim.

Siti Aisyah; Sumriyah Sumriyah

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The existence of Village-Owned Enterprises or called VOE in improving the village economy has not fully carried out its role. Considering its legality as a legal entity, it is important to implement the principles of management as stipulated in Government Regulation Number 11 of 2021. This community service aims to optimize the role of VOE by providing a legal understanding of the implementation of Taman Jaya VOE governance in order to improve the economy of Taman Village. The service is carried out through socialization, by the method of presenting legislative materials which is the basis for managing VOE to managers, village officials, and the community as the target of the activity. Accordingly, the results of this community service activity, the principles of VOE management that has been regulated in laws and regulations be able to implemented properly.

Yunita Yunita; Raden Rahma Restu Maulida; Naufalia Putri; Dede Nadien Rahmadini; Desi Hermawati

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Baduy community located in Lebak Regency, Banten, is an ethnic group that still maintains its customs even today amidst the wave of modernization. This research aims to explore how the Baduy people preserve their customs and traditions as well as the challenges they face in facing changing times. In the era of globalization and modernization which has brought advances in technology and foreign culture, the Baduy people continue to maintain their cultural identity, especially through the principles of simple and sustainable living. This research uses qualitative methods combined with interview techniques and participant observation to understand their practices in preserving customs and traditions. The research results show that the preservation of Baduy customs is not only achieved through religious rituals but also the way they organize their socio-economic life, for example in an agricultural system that respects the environment and a lifestyle that prioritizes simplicity.  However, big challenges come from technological developments, economic changes and increasingly strong external cultural influences.

Riadhotul Muamalah

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper examines the evolution of international law from its early foundations to its contemporary form. Starting with the basic legal principles, it highlights significant milestones, such as the Peace of Westphalia in 1648, which established the concept of state sovereignty. The study also explores the contributions of Hugo Grotius, who is often regarded as the "Father of International Law," whose work significantly shaped the modern legal framework that governs relations between states. In addition, he analyzed the development of global institutions such as the United Nations, which emerged after World War II and played a crucial role in encouraging international cooperation and advancing international law in the 20th century. Particular attention is paid to treaty law, emphasizing how treaties between countries are important for maintaining global order. Using a qualitative research approach, this study provides a comprehensive understanding of historical and contemporary shifts in international law. It discusses how countries have balanced their sovereignty by pursuing global cooperation and broader peace. These findings underscore important moments in the evolution of international law, offering insights into the ongoing challenges and opportunities for global governance in the modern era.

Evi Apriani

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Drug abuse among children is a serious issue requiring special attention in prevention and handling efforts. This study employs a normative juridical approach to identify challenges and propose solutions regarding legal protection for children involved in drug abuse in Indonesia. The results indicate that existing regulations still face various obstacles in protecting children, particularly in applying restorative justice principles and rehabilitation tailored to children's conditions as offenders. Effective legal protection must consider the psychological and social aspects of the child while emphasizing strong collaboration between the government, non-governmental organizations, and the community to support prevention and rehabilitation efforts. A thorough understanding of the implementation of the Child Protection Law and the Narcotics Law is crucial to enhancing comprehensive legal protection for children in Indonesia. This approach aims to create a more humane system focused on the child's future, enabling them to break free from the cycle of drug abuse and have the opportunity to make positive contributions to society.

Ali Ad Dhar; Muhammad Khotami Alfarisi; Mutiara Liza; Julia Barus

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Protection and recognition of human rights is the responsibility of the state as a consequence of its status as a country of law. Every individual, including the poor who face legal problems, has the right to receive equal treatment before the law. Access to justice is a fundamental right of every citizen, but the poor often face various obstacles in obtaining legal aid. Legal aid for the poor is guaranteed by the constitution, but its implementation still faces various obstacles. The purpose of writing this journal is to enrich the literature related to the implementation and optimization of legal aid for the poor based on Law Number 16 of 2011 concerning Legal Aid. This study uses a literature study approach by reviewing primary and secondary legal materials and analyzing them through various theories, doctrines, and legal principles. The results of this study are expected to contribute to increasing access to justice for the poor in Indonesia.

Rohmatul Jannah; Keisya Oktavia Afida Denna; Theo Galih Prayudha; Gilang Mafliano Rachmatshah; Tedy Irawan +1 more

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This research aims to analyze the effectiveness of developments in the implementation of Trias Politica principles in the performance of high state institutions in Indonesia. Trias Politica, which refers to the separation of powers into executive, legislative and judiciary, is an important foundation in a democratic government system. Through a qualitative approach, this research evaluates how the division of power has transformed since the implementation of political reform in Indonesia, as well as its impact on the performance of state institutions in carrying out their duties and functions. The research results show that although there have been significant developments in the implementation of Trias Politica, several challenges such as overlapping authority, lack of synergy between institutions, and political influence remain obstacles. However, the application of the principle of separation of powers has generally increased accountability, transparency and efficiency in the performance of high state institutions. This research recommends strengthening coordination between institutions and more stringent legal reforms to improve the performance of state institutions as a whole.