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Andre Yosua M; Tegar Mulia

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

Policies that are often taken by public officials sometimes give rise to major criticism committing a pattern of criminal acts of corruption. Policies that are considered can fall into the action category corruption is policies that could harm state finances. So it's a loss State finances are one of the elements of criminal acts of corruption in Article 2 paragraph (1) and Article 3 Act No. 31 Year 1999 jo Act No. 20 Year 2001 about Eradication Act Criminal Corruption. The formulation of elements that are detrimental to state finances in these two articles is at the evidentiary level still raises various obstacles because it is an unclear and unclear norm multiple interpretations. Results from study show that prove that element harm state finances in criminal acts of corruption are still understood as formal criminal acts so that the proof Enough with fulfil deed the And No need There is consequence, Good Which potential harm finance country nor loss Which Actually, perpetrator can convicted. After Court Constitution through Decision Number 25/PUU-XIV/2016 mention that the word "can" in Article 2 paragraph (1) and Article 3 is unconstitutional and is fundamentally change qualification corruption become become crime material, However in its implementation There are different views regarding law enforcement officials in proving that element This is detrimental to state finances, giving rise to legal uncertainty. In the upcoming corruption criminal law reform, the more appropriate model of proof is with use draft loss finance country in meaning  crime material. Through draft This, something deed new can seen fulfil elements follow criminal corruption with condition There must be a result of the state's loss being real and occurring (actual). lost). Proof concept loss state finances in meaning  material ensure law Which fair certainty.

Syifah Aziza Ismail; Lisnawaty W. Badu; Julisa Aprilia Kaluku

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the Decision of the Limboto District Court Number: 115/PID.sus/2022/PN.LBO concerning the Crime of Rape. This research is normative research with a statutory approach and a case approach, which is analyzed descriptively. The research results show that Decision Number 115/Pid.Sus/2022/Pn.Lbo is viewed from the aspect of certainty, namely, the decision does not reflect the principle of legal certainty. Considering that Article 81 (Paragraph 3) imposed in the indictment and verdict carries a penalty of 15 years in prison plus 1/3, the defendant should be subject to a sanction of 20 years in prison. Meanwhile, the prosecutor demanded 14 years, which the judge then reduced by giving a sanction of only 11 years in prison. Discussing the element of certainty is not just a moral demand, but factually it characterizes actual law and is based on the constitution, namely Article 1 Paragraph 3 of the 1945 Constitution of the Republic of Indonesia, where Indonesia is a rule of law state. Apart from that, the principle of legal certainty is said to have not been fulfilled, because the judge in giving his decision was not guided by Article 64 paragraph (1) of the Criminal Code. Furthermore, laws are essentially made and must not give rise to doubt, so as not to conflict with the objectives of the norm itself. Legal certainty refers to the consistent application of law where its implementation cannot be influenced by subjective circumstances.

Faturohman Faturohman; Mohamad Dian Ferriawan; Wahyu Setiaji

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

Provisions that protect human freedom in the continuation of their lives, as well as obtaining adequate housing, especially in maintaining what has belonged to them from the start. In the case of residential evictions in the Kampung Bayam area, legal protection for human rights has not been realized to date. The evictions carried out by the DKI Jakarta Government were carried out arbitrarily without considering the impact on residents who lost their homes and also as a form of deprivation of the economic, social and cultural (ekosob) rights of the people of Kampung Bayam. Apart from that, until now too There is no real effort yet to be seen from the government to try to restore the housing rights of the residents of Kampung Bayam. Moreover, Indonesia is a country based on the supremacy of law, which means that Indonesia should make protection and respect for human rights its main focus.

Bagas Indria Wibisono

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection for notary service users based on the Consumer Protection Act (UUPK) and Islamic perspectives. Notaries, as public officials authorized to create authentic deeds, play a crucial role in providing legal certainty to the public. However, notaries' obligations to provide clear and specific legal guidance have not been fully implemented, resulting in inadequate legal protection for service users. Within the context of UUPK, consumers have the right to receive true, clear, and honest information, as well as the right to advocacy and protection. The Islamic perspective also emphasizes the importance of justice, transparency, and consumer rights protection, including the obligation of service providers to provide accurate information and avoid harmful practices. The research method used is normative juridical with statutory and conceptual approaches. Data were collected from various legal sources, books, journals, and relevant encyclopedias. The analysis indicates that notaries need to enhance transparency and the quality of legal guidance to ensure that consumer rights are well protected. n conclusion, notaries must provide specific, clear, and thorough legal guidance to achieve effective legal protection for their service users. This aligns with the objectives of UUPK and the principles of consumer protection in Islam, aiming to create benefits for society.

Yohana Sekar Pawening; Ahmad Ahsin Thohari

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

Settlement of Money in Lieu aims to provide legal certainty for arrears of Money in Lieu decided by the Court as an additional punishment against the convicted person in a corruption case based on Law Number 3 of 1971 concerning Eradication of Corruption and the decision is legally binding. The author will write about the importance of negotiation and asset tracking related to Non Litigation Settlement of Money in Lieu. The research method between quantitative methods and qualitative methods to be used together in a research activity, so as to obtain comprehensive, valid, reliable and objective data. This is related to the ability of the convict or ex-convict or heirs who have arrears of compensation money to immediately resolve the arrears, which are stated in the Minutes of Negotiations conducted by the State Attorney Team of the work unit and the findings of Asset Tracking. This can be an income in the Central Government that does not come from tax revenues (PNBP) related to State Finance.

Maya Sri Novita

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information technology has encouraged the rapid growth of online buying and selling (e-commerce) activities. However, along with the increase in digital transactions, fraud in e-commerce is increasingly prevalent. This research aims to examine the importance of legal protection for victims of fraud in online transactions and examine the effectiveness of applicable laws and regulations in providing justice and legal certainty. The research method used is a normative juridical approach with an analysis of laws and regulations, legal literature, and case studies. The results of the study show that despite the existence of legal instruments such as the Criminal Code, the ITE Law, and the Consumer Protection Law, the implementation of protection for victims still faces various obstacles, such as the difficulty of tracking perpetrators and weak law enforcement. Therefore, it is necessary to strengthen regulations, increase public legal literacy, and optimize the role of law enforcement officials in providing maximum protection to victims of fraud in e-commerce. This research recommends synergy between regulation, technology, and education as an effective legal protection solution in the digital era.

Fadhila Putri Kaban; Yusrizal Yusrizal

JURNAL EKONOMI MANAJEMEN AKUNTANSI 2024 sekolah Tinggi Ilmu Ekonomi Dharma Putra Semarang

This study analyzes the impact of the implementation of the Complete Systematic Land Registration (PTSL) Program on the property investment sector in Medan City. The PTSL program aims to provide legal certainty over land ownership rights, which leads to an increase in property value and attracts investors. This research employs a qualitative approach through direct observation during an internship at the Medan City Land Office. The findings indicate that PTSL positively contributes to the growth of property investments by enhancing legal certainty, improving bureaucratic efficiency, and increasing regional tax revenues. However, challenges such as low public awareness and limited human resources remain. Therefore, more intensive public outreach and improved staff competence are necessary to optimize the program’s implementation.

Vanessa Uli Sembiring; Salwa Sabrina; Wan Mahrani Sembiring; Muhammad Hafis Faisal; Taufiq Rahmadhan

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

State Administrative Law is a legal regulation regarding administration in a country, where the relationship between citizens and their government can run well and safely. In forest management, the need for permits is based on absolute legal provisions which have aspects that must be fulfilled beforehand and regarding the boundaries of each activity in managing forests, the government agrees to supervise them based on Law no. 41 of 1999 concerning Forestry Article 31 paragraph (1) To ensure the principles of justice, equity and sustainability, forest utilization business permits are limited by considering forest sustainability aspects and business certainty aspects. The aim of the research is to determine aspects of forest management. The research method used in this research is literature study by collecting data through articles, the web, books and other sources. The results of the discussion of this research are that forest utilization business permits are limited by considering forest sustainability aspects and business certainty aspects, where these aspects are determinants in managing forests which have been considered previously. The meaning of forest sustainability aspects and business certainty is contained in Article 31 Paragraph (1). What is meant by forest sustainability aspects includes: a. environmental sustainability, b. production sustainability, and c. implementation of social and cultural functions that are fair, even and transparent.  What is meant by aspects of business certainty include: a. area certainty, b. certainty of business time, and c. certainty of business legal guarantees.

Nuna, Moh. Maskun; Moonti, Roy Marthen; Kadir, Yusrianto; Bunga, Marten; Kasim, Muslim

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

The purpose of the research is to find out the causes of differences in interpretation between the Gorontalo Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 elections in Gorontalo Regency and how the process of resolving administrative violations of the 2020 elections in Gorontalo Regency by the Gorontalo Regency KPU and Bawaslu Gorontalo Regency. This research uses two legal research methods, namely: Normative and empirical legal research to find answers to the differences in interpretation between the KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 Pilkada in Gorontalo Regency. The difference in interpretation between the Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations is caused by overlapping statutory provisions. Where in Law Number 10 Year 201 concerning Pilkada, the two institutions are given the authority to examine and decide administrative violations, then the two institutions in deciding administrative violations have their own guidelines where Bawaslu is guided by Perbawaslu while the KPU itself is guided by KPU Regulations. This certainly does not provide legal certainty for justice seekers in election administration violations and the process of resolving administrative violations in the 2020 Pilkada in Gorontalo Regency, namely through DKPP and Constitutional Court decisions. We do not have to face different decisions between the two institutions because DKPP is an ethical judicial institution while the Constitutional Court is a legal judicial institution. Although there has been a decision from the Constitutional Court, it does not change the DKPP's decision because until now there has been no ethics court to appeal the DKPP's decision.

Ahdi Hidayat; M. Haykel; Rizqi Ulmaliyah Alhaddi; Selsa Selviana; Siva Delvina

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

National implementation must reflect the Constitution's wishes for all citizens. Articles 56 and 57 of Law Number 24 of 2003 concerning the Constitutional Court explained that the Constitutional Court has the authority to review the 1945 NRI Law. The Constitutional Court does not always play a negative role as a legislator in making decisions. In rare cases, developments have led to a transition to the type of Constitutional Court decisions that extend to positive legislation. This research uses a normative legal approach. Research by conducting legal research. The results of this research indicate that the change in Constitutional Court law from negative to positive was based on the need to fill legal gaps and balance legal certainty, justice, and expediency. Constitutional Court Decision 90/PUU-XXI/2023 introduces new regulations that limit the minimum age requirements for presidential/vice presidential candidates, taking into account their experience in office.

Marchellino Fortuna Kano; Khusnul Yaqin

Concept: Journal of Social Humanities and Education 2024 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

In conducting a Notary position, the Notary is required to be able to know the responsibilities and authority of the Notary in performing his/her position in accordance with the Notary Position Law. One of them is the authority of the Notary in Law Number 30 of 2004 concerning the Notary Position jo Law Number 2 of 2014 in Article 15 paragraph 2 letters a and b "Notaries are also authorized: to certify signatures and determine the certainty of the date of letters under hands by registering in a special book; book letters under hands by registering in a special book;" But in the current era, Waarmerking has become a loophole for a Notary to be guilty. Therefore, this research will discuss the extent of the Notary's responsibility for letters under the hand registered in the Notary's special book. This research uses normative legal research methods, data sources come from positive law, laws and books. The results show that in addition to being authorized to make authentic deeds, notaries are also authorized only to register letters under the hands registered in a special book.

Fransisko Ngajow, Malfrid Frangky; Kadir, Yusrianto; Moonti, Roy Marthen; Kasim, Muslim

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The purpose of the research is to know and analyze the criminal liability of the perpetrator in the case of illegal mining in the Marisa District Court of Pohuwato Regency has been in accordance with the objectives of the law (certainty, benefit, and justice) and to know and analyze the factors that influence the consideration of judges in examining, adjudicating, and deciding cases of illegal mining in the Marisa District Court of Pohuwato Regency. The type of research used in this legal writing is socio-juridical legal research. Criminal responsibility of the perpetrator in illegal mining cases is very important to maintain legal certainty, expediency, and justice. Courts need to ensure that perpetrators are given sanctions appropriate to the level of offense they commit and that the sanctions are effective in preventing similar acts in the future. In addition, fair and proportional treatment of perpetrators must also be ensured to maintain the integrity of the justice system and the judge's consideration in deciding Case No. 37/Pid.Sus/2023/PN Mar was in accordance with Article 184 of the Criminal Procedure Code, namely based on legal facts, witness testimony, testimony of the defendant and instructions in the form of evidence, so that the judge's consideration in his verdict had fulfilled the elements and conditions of the defendant's conviction.

Ania Nasyira; Faiza Nisrina; Roselia Ariyanti

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Early marriage is a practice that still occurs frequently, especially in Indonesia. Even though in Indonesia there has been legal certainty regarding the age limit for couples who will marry in the form of statutory regulations, one of which is the Marriage Law, in reality the practice of early marriage continues due to various factors, including cultural, economic and lack of education. This research aims to analyze the impact of early marriage on the quality of family life based on the perspective of Islamic law, as well as to examine the views of the Imams of the School regarding early marriage and how the views of these Imams influence the practice of early marriage in Islamic society. By using research methods through a juridical approach and supported by primary and secondary data collection techniques, this research is aimed at providing a comprehensive understanding of the influence of early marriage itself. Based on the research that has been carried out, the results obtained are that early marriage causes more negative impacts than the benefits obtained. These negative impacts include aspects of biological, psychological, social and deviant sexual behavior. Apart from that, there are differences of opinion from Imams regarding the age limit for a person's maturity so that society must really consider the readiness of the child they are going to marry, especially in economic, biological and psychological terms.

Nur Fajri Fauziah Pantu; Dr. Dian Ekawaty Ismail, S.H.,M.H; Jufryanto Puluhulawa, S.H., M.H

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out what factors cause women to become victims of abuse in dating relationships in Gorontalo City and how legal protection is for women as victims of abuse in dating relationships at the Gorontalo City Police Department. This research uses empirical legal research methods which are carried out by collecting data through observation and interviews. The results of this research show that abuse in dating relationships in Gorontalo City is a very worrying phenomenon and can have a negative impact on victims and society as a whole. Abuse in dating relationships in Gorontalo City involves various factors, both internal factors such as a high level of emotional dependence, low levels of victim self-confidence, and the victim's tendency to justify aggressive behavior from their partners, while external factors occur due to the influence of the social environment. , norms and culture, the influence of the environment where violence occurs, and position and power. The suggestion in this research is that the Government, especially the Regional Office of the National Land Agency in Gorontalo Regency, continues to strive to carry out more outreach to the people of Hutuo Subdistrict to carry out land registration so that they can have a certificate to obtain legal certainty. The legal protection provided by the Gorontalo City Police for victims of abuse in dating relationships is carried out by providing priority and quick responses to reports of abuse, collecting supporting evidence by conducting investigations into cases of abuse in dating relationships, such as witness statements, and physical evidence. The Gorontalo City Police also provides physical protection such as giving a detention order against the perpetrator and providing a safe space for the victim and maintaining the confidentiality of the victim's personal information to prevent further threats from the perpetrator.    

Trianda Lestari; Syahrando Muhti; Reky Yuliansyah

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

BSI is one of the banks that experienced hacking and attacks from irresponsible parties. Lockbit threatened BSI to immediately contact him to carry out negotiations regarding 1.5 TB of customer data which was threatened with being disseminated if BSI did not fulfill its request by the specified time limit. given. In the end, this happened because the given time limit had passed, there was a lockbit post showing a link connected to banking data. This case has certainly become the center of attention, because BSI is still reluctant to provide further information regarding customer data leaks and personal data protection has not been provided. This research method uses a normative legal method which refers to statutory regulations and related sources. The legal theory used is the theory of legal certainty, to see how certain banks provide responsibility for protecting customers' personal data as regulated in banking law. So researchers can also find the title in the article entitled Banking Responsibility in protecting personal data of bank customers due to hacking BSI case study

Sunardi, Sunardi

Land purchase agreement under the hand is a land purchase agreement in Customary Law where the legal action is carried out in the form of transfer of rights with cash or non-cash payments (in part) carried out based on an agreement between the respective parties (seller and buyer) submitted by the head of Customs/Village Head.This study was conducted using empirical juridical method, a research approach in discussingthis problem bycaraanalyzingand combining legal materials (which are secondary data) with primary data obtained through research in the field.This study aims to determine what factors often causethe sale and purchase of land under the hands and also to determine how the legal protection to buyers in the practice of buying and selling land under the hands carried out in the presence of the village head, as well as what efforts should be made in providingkjusticebased on the law.This study uses the method of Field Research (Field Research) in which the authors sharpen the analysis to obtain data related to the practice of land purchase agreement under the hand in the presence of the village head in the District of Toroh, Grobogan. The results in this study indicate the relationship between buying and selling land under hand, the protection of the parties in obtaining legal certainty andimproving land administration governance.

Egun Nofianto

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

The development of health services has developed in the last few years and continues to grow to the point of giving rise to telemedicine as a term for electronic services medium between patients and health service providers. The purpose of this research is to find the formal legal truth on the protection rights of a patient who used telemedicine services based on the Indonesian Civil Code, Health Law, and other relevant legal material sources, the study aims to determine the legal certainty of the patient using telemedicine services and legal remedies available to patients injured due to telemedicine malpractice. The research method used is normative or doctrinal and involves relevant approaches such as the statute approach, conceptual approach, theoretical approach, and analytical approach which use various legal material sources including primary and secondary legal material, particularly such as legislation, regulation, various legal theories, legal principles, doctrine, and scientific works of scholars including journals, articles, and practice guides.

Tampubolon, Steven Paulus Hamonangan; Hartanto, Hartanto

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Article 33 (3) of the 1945 Constitution of the Republic of Indonesia, is clear that the welfare of the people must be prioritized, however, the problem of mineral and coal mining, at the conceptual level, has not shown an impact on the welfare of the Indonesian people; The author appreciates this change in law. Currently, corruption related to mining has emerged again, namely a loss of IDR 271 trillion, which according to Bambang Hero S. is still an environmental loss or a loss to the country's economy. When compared to BLBI of 138 trillion and Asabri of around 22 trillion, this means that the trading system of tin as one of the mining commodities is the biggest corruption, which was unexpected by the public, but suddenly emerged after the election. Departing from the 1945 Constitution which uses the principle of managing oil and gas resources for the benefit of society and the state. So the problem formulation is how problematic occurs in changes to the regulations of Law no. 4 of 2009 until now it has become Law no. 3 of 2020. At the norm level, changes to the law have accommodated the principles of sustainability and legal certainty, even though implementing regulations do not yet exist. Returning to legal problems in Indonesia, problems often arise in the application of the law, not at the normative level.

Sri Winda Latif; Lisnawaty w Badu; Ahmad Ahmad

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

This research is intended to: (1) find out how the review of the imposition of criminal sanctions for abuse of authority by village officials is based on the Gorontalo District Court Decision Number 1/Pid.Sus TPK/2020/PN Gto, and (2) find out what factors influence the imposition of crimes on Gorontalo District Court Decision Number 1/Pid.Sus-TPK/2020/PN Gto. This research uses a type of normative legal research that uses legal norms, including statutory regulations, doctrine, and judge's decisions as a foundation for providing arguments. The approach models used are the statutory approach, case approach and conceptual approach. The research results show: first decision no. 1/Pid.Sus TPK/2020/PN Gto, is not completely correct because prison sentences tend to be low and do not comply with legal principles and harm the sense of justice in society. Apart from that, the implications of the judge's decision in decision no. 1/Pid.Sus TPK/2020/PN Gto, if examined from the perspective of the principles of justice, expediency and legal certainty, these principles have not been fully implemented because it can be seen from the low number of judges' sentences against defendants. Second, the factors influencing the imposition of criminal sanctions in case no. 1/Pid.Sus TPK/2020/PN Gto, it was the absence of aggravating reasons applied by the panel of judges, and the public's perception or opinion of the defendant not being considered, which resulted in the sanction imposed being only 3 (three) years in prison.

Widi Nugrahaningsih; Novemy Triyandari Nugroho

Lembaga Pengembangan Kinerja Dosen 2024 Lembaga Pengembangan Kinerja Dosen

Digital currencies can now be utilized by people in various countries, including Indonesia. The Commodity Futures Trading Supervisory Agency (Bappebti) noted that as of November 2023, the number of registered crypto asset customers reached 18.25 million. Every month it has a growth of 437.9 thousand customers calculated since February 2021. The problem in the study, how is the use of crypto assets in Indonesia for investment and transaction purposes in Indonesia.The purpose of the study, to analyze the use of crypto assets in Indonesia for investment and transaction purposes in Indonesia.  This research is normative juridical, legal material collection techniques using library research. Data analysis technique, by collecting data, analyzing data, followed by drawing conclusions. Every transaction uses a currency benchmark. The definition of currency is money issued by the Unitary State of the Republic of Indonesia, hereinafter referred to as Rupiah. It is money that is a legal tender. Article 2 of Bappebti Regulation No.5 of 2019 concerning Technical Provisions for the Implementation of the Crypto Asset Physical Market on futures exchanges, crypto asset trading must be based on legal certainty. Conclusion, that crypto assets in Indonesia can be used as a means of investment for the community. with provisions in accordance with the Minister of Trade Regulation Number 99 of 2018. Buying and selling crypto can only be done on the futures exchange.