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Rudi Salam Tarigan; Ismaidar Ismaidar; Tamaulina Br. Sembiring

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Indonesia continues to face complex political and legal challenges. The developing political dynamics are a factor that influences the implementation of legal policies based on the principles of justice and the needs of the community. Efforts to improve law enforcement are carried out by accommodating the aspirations of the community, increasing the professionalism of law enforcement officials, and legal institutions. Legal politics is an activity to monitor law enforcement to achieve the goals of the state that has been set. This research aims to discuss the role of legal politics in the formation and enforcement of law in Indonesia. This study uses secondary data, obtained from the literature of journals on legal politics. Conclusion: the implementation of legal policies is sometimes still influenced by the interests of political elites, who use their power to enforce the law. However, this can be prevented by increasing public awareness to monitor law enforcement based on Pancasila values actively.

Widya Hartati; Sandy Ari Wijaya; Salmi Yuniar Bahri

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Administrative Decisions (KTUN) are one of the important legal instruments issued by state administrative officials to carry out government functions. However, it is often found that KTUNs are legally defective due to violations of the principle of legality, general principles of good governance (AUPB), or applicable administrative procedures, which lead to their annulment by the State Administrative Court (PTUN). This study aims to analyze the legal basis and the form of legal responsibility in the administration of State Administrative Decisions (KTUN) that have been annulled. This research uses a juridical-normative method with an approach based on laws and regulations and legal doctrines. The study shows that the annulment of KTUNs by PTUN is usually caused by procedural and substantive violations, such as issuing decisions beyond authority or not meeting formal requirements. In the context of legal responsibility, the agency issuing the KTUN is obligated to retract the decision, restore the rights of the affected parties, and issue a new decision that complies with the law. Furthermore, the officials at fault may be subject to administrative sanctions, ranging from a warning to dismissal, depending on the severity of the error. State administrative officials whose KTUNs have been annulled must fulfill their legal responsibility by revoking or correcting the KTUN, restoring the rights of the affected parties, providing compensation, and implementing administrative sanctions if necessary. Additionally, criminal liability may apply if there is an element of abuse of power. This finding underscores the importance of compliance with the principles of AUPB and positive law in every administrative action to prevent harm to society.

Santoso Budi Nursal Umar; Doris Rahmat

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

This research aims to determine the process of canceling a land sale and purchase by the seller because the buyer defaulted, the legal consequences of canceling the land sale and purchase agreement by the seller because the buyer defaulted. The research method used in this research is descriptive analytical. The research results of the sale and purchase agreement process are valid and have binding force since an agreement is reached between the seller and the buyer. The sale and purchase agreement is based on the validity of the contract and other agreement principles. An agreement can be null and void (van rechtswege neiting) or can be canceled (vernietigbaar), if an agreement does not meet the requirements specified in accordance with Article 1320 of the Civil Code, namely if it does not fulfill subjective requirements (they agree to bind themselves, are competent to make an agreement) and objective conditions (a certain thing, a lawful cause). The legal consequences that arise for the buyer if they default, the buyer is required to pay compensation for losses suffered by the seller, pay court costs if sued in court, and fulfill the agreement if it continues.

Yashinta Irenne Marianna; Ade Maman Suherman; Tri Setiady

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The role of State Attorneys (Jaksa Pengacara Negara, JPN) is vital in recovering state assets lost due to corruption, aligning with the principles of Indonesia’s legal state (Rechtsstaat). This study examines JPN's authority under Law No. 31 of 1999, emphasizing its dual role in civil and administrative litigation. Using a normative juridical approach, the research analyzes legal frameworks and conceptual perspectives on JPN’s functions. The findings indicate JPN’s strategic position in representing the state, not only in civil lawsuits but also in non-litigation processes for recovering state financial losses. Challenges such as limited human resources, inter-agency coordination, and protracted case resolutions hinder optimal performance. The research suggests reinforcing the institutional capacity of JPN through targeted training and promoting synergy with related agencies, such as the KPK and police. Enhancing legal competence and procedural efficiency are critical to meeting public expectations for justice and transparency in handling corruption cases.

Kuntonugroho Adnan

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

The necessity of law in upholding the principles of the constitution, particularly in governing various aspects of people’s lives, notably its enforcement and impact on economic advancement, holds significant importance. Economic law emerged in response to the rapid expansion and progress of both domestic and global economies. Across nations, legal frameworks are utilized to regulate and supervise economic and socio-technical activities, ensuring that economic progression does not compromise individuals’ rights and welfare. The introduction of the Business Competition Law was aimed at fostering a competitive market economy, allowing for fair competition between economic entities and society. The primary objective of this legislation is to forestall monopolistic practices and unfair business competition. Through the enforcement of business competition law, the aspiration is to attain economic efficiency, leading to the enhancement of public welfare. Monopolistic activities contribute to economic disparities, adversely impacting societal harmony. For instance, collusion among businesses to dictate prices can harm consumers significantly. Essentially, a select few enterprises can engage in agreements to segment markets, control prices, regulate the quality and quantity of goods and services (through cartels), all geared towards maximizing profits swiftly. Such anti-competitive practices are unjust and disadvantageous to consumers. In the global context, fostering healthy business competition is crucial to preventing detrimental business practices and promoting fair economic competition.

Saskia Nursukma; Yohana Sekar Pawening; Irwan Triadi

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study focuses on examining the comparison between the principles of general criminal law and military law applied in the justice system, through a comparative method with a normative juridical approach used as a comparative identification process of the two legal systems which includes the process of examination, trial, sentencing and consideration of legal principles. The difference in nature between general criminal law and military law is that general criminal law (Commune delicta) which anyone can carry out, is the opposite of Military Law as a special crime (Delicta proparia) which can only be carried out by certain people, in this case by a military man. Based on a literature study to see the principles of implementing the two laws, this study aims to show how the comparison of the two systems is applied, reviewing aspects of Human Rights, Justice and Legal Certainty in the legal justice system in Indonesia.

Keysha Alea Azzahra; Sarah Zahira; Reita Ananta; Muhammad Arief Nurrachman; Dwiki Darmawan +1 more

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

The Bali Bombings I on October 12, 2002, and Bali Bombings II on October 1, 2005, were major terrorist attacks that shook Indonesia and the international community. This study aims to analyze the chronology of these events, the national and international legal perspectives on handling terrorism cases, and the efforts of the Indonesian government in law enforcement. Through a national and international legal approach, this research identifies the challenges faced in enforcing the law against terrorism suspects, especially concerning the application of human rights principles. The findings indicate that while significant law enforcement efforts have been made, legal application still needs to be aligned with international legal developments and respect for human rights.  

Mohamad Daniel Hokon; Nisa’anida Ainur Rosyidah; Nurita Putri Ramadani; Putri Candraningtyas; Emma Yunika Puspasari

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

Copyright is a right that provides protection for intellectual works in the fields of literature, writing, science and art. This research discusses the issue of copyright infringement that arises between Ahmad Dhani as the creator and copyright holder of songs belonging to the music group Dewa 19 and the former vocalist of Dewa 19, namely Once Mekel. The problem arose because Once Mekel had sung and performed Dewa 19 songs several times without permission to Ahmad Dhani. Both parties have different points of view regarding the obligation to use the song's copyright. This research aims to analyze copyright violations based on Law Number 28 of 2014 and examine the settlement achieved through mediation between the two parties. This research uses a normative legal approach with case studies. Therefore, singing songs without permission and without paying royalties is a violation of copyright and economic rights. Even though there were differences in interpretation of the provisions of copyright law between the two parties, they were decided through mediation. It is hoped that this research will be able to provide more comprehensive insight regarding the principles of song copyright and legal protection mechanisms in Indonesia.

Abdul Malik Mufty

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

Sentencing must take into account juridical and sociological aspects to provide a deterrent effect and benefit society. In Law no. 1 of 2023, the death penalty is regulated as a last resort for serious crimes, in accordance with human rights principles and Islamic legal views. This research uses a normative method with a statutory approach to examine the death penalty in Law no. 1 of 2023 and compare it with Islamic law. The death penalty in Law no. 1 of 2023 is regulated in Articles 64 and 67, no longer as a basic crime but as a last alternative for extraordinary crimes that threaten life, with stricter implementation because it refers to the ratification of the ICCPR. In Islamic law, the death penalty applies to murder, adultery (for married perpetrators), armed robbery and rebellion, with the principle of qishash as the main basis.

Endi Sudadi

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

of Higher Education Dharma. When the functions of instructors and students become an integral part of the activity. It is believed that through participation in PKM (Community Service activities), lecturers, students, and community members will work together in harmony to raise awareness of the unique needs of the community. The goal of the government, both local, sub-district, and village governments, is to ensure that all citizens are treated fairly when applying and receiving population documents through the implementation of the Population Administration Service system. Observation, interviews, and documentation are the main tools to collect information in this qualitative descriptive research method. Population administration services based on the principles of good governance are very important to improve the quality of public services. This is driven by the need for public service providers in population administration services that show good governance, as well as people's aspirations for quality public services in this era of decentralization.

Firmansyah, Nanda Fajar

International Journal of Humanities and Social Sciences Reviews 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Urban farming is a modern form of adaptation that is responsive to food security challenges, especially in areas with limited space such as Banten Province. This study aims to examine the dynamics of food security in the agrarian region of Banten and offer innovative solutions through urban farming practices. The global food crisis, the shrinking of agricultural land due to development and land conversion, and the decreasing public interest in farming are crucial issues that threaten local food security. In Banten, land conversion has resulted in the loss of more than 9,869.61 hectares of productive rice fields, which has a direct impact on local production capacity and increased dependence on external supplies. As a solution, this study advocates urban farming innovations such as hydroponics, vertical farming, and the utilization of idle land and home gardens. This approach not only utilizes limited land efficiently but also aligns with the principles of wise food planning as exemplified in the story of the Prophet Joseph. Qualitative methods with literature studies and content analysis were used to gather in-depth information. To create sustainable food security, this study identified three main strategies: digitalization of agricultural spatial planning using geographic information systems (GIS) to prevent illegal land conversion; Integrating circular agriculture and urban farming to manage organic waste; and engaging the younger generation as drivers of innovation through technologies such as the Internet of Things (IoT) and digital marketing. These efforts are expected to create high-quality and sustainable food security in Banten Province by combining social intelligence, technology, and environmental sustainability.

Ismaidar Ismaidar; Tamaulina Br. Sembiring; Yulia Christy Shintara Aruan

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

This paper describes the dynamics of legal politics in the regulation of Simultaneous Regional Elections in Indonesia with a focus on the effectiveness of implementation and its impact on local democracy. Simultaneous Regional Elections, which began in 2015, are the government's efforts to improve the efficiency of regional head elections while strengthening the democratic system. However, its implementation faces various challenges, such as regulatory complexity, potential political conflict, and impacts on the quality of representation at the local level. This study uses a juridical-normative approach with a qualitative analysis method to evaluate the laws and regulations governing Simultaneous Regional Elections, including Law Number 10 of 2016 and its implementing policies. Data were obtained through literature studies, legal documents, and interviews with relevant stakeholders. The results of the study show that, although Simultaneous Regional Elections bring benefits in the form of budget efficiency and strengthening political stability, this policy also poses a number of challenges. Among them are the gap in local government capacity, strengthening political oligarchy, and decreasing the quality of community participation at the local level. In addition, the implementation of Simultaneous Regional Elections tends to sacrifice regional autonomy in the context of local democracy, given the homogenization of election times that do not always match regional needs. This study recommends the need for a revision of regulations that are more adaptive to local needs, increasing public political education, and strengthening the capacity of election organizers to ensure that Simultaneous Regional Elections can run effectively without sacrificing the principles of local democracy.

Munsen Bona Pakpahan; Fajar Fajar; Agustin Agustin

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The application of main and additional criminal witnesses in the PTPK Law has become firm with the existence of legal norms for the return of state financial losses that do not eliminate the criminalization of the perpetrators of criminal acts but only factors that alleviate punishment. This is important so that there is no disparity in punishment. And likewise punish paying restitution if the act is committed jointly, so that a sense of justice occurs,The research method used is normative juridical. Which type of data used is primair legal material obtained from all publications on law, literature that is not an official document. Publications about the law include, among others, the internet, textbooks, law journals, articles, comments, court regulations and other sources; The types of criminal sanctions in the PTPK Law, namely in the form of principal punishment and additional punishment in the form of restitution, are closely related. Aspects of the amount of state financial losses, aspects of the perpetrator's guilt, aspects of the benefits obtained by the perpetrator, the impact caused by the perpetrator and the return of losses made by the perpetrator. Such is the case in imposing additional punishment in the form of paying restitution. In the PTPK Law, the amount of restitution is interpreted as “not merely assessing state financial losses, but assessing how much money is actually received by the perpetrator”, so that the imposition of restitution is in accordance with objective and proportional principles. Likewise, the imposition of restitution in the case of corruption crimes committed jointly and tried simultaneously, the additional restitution cannot be imposed jointly.

Tasya Halimah Nia Purwanti; Amellia Intan Syavitri; Faisal Hasyim; Prabowo Abimanyu

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

The transfer of land ownership certificates is an important legal process in Indonesia's land system, regulated by various laws and regulations, such as the Basic Agrarian Law and its implementing regulations. The procedure for transferring ownership certificates begins with a legitimate sale and purchase transaction, followed by registration with the National Land Agency (BPN). However, in practice, obstacles often arise, one of which is when the seller's whereabouts are unknown, which can hinder the process of transferring land rights. In this situation, the buyer can take various legal actions, including filing a civil lawsuit in the District Court to obtain a court ruling confirming the legal transfer of rights, or submitting a request for a decree to the Administrative Court (PTUN) if BPN rejects the application for the transfer of land rights. The perspective of the PTUN legal procedure explains that the buyer can challenge the BPN decision if it is deemed contrary to the law or the principles of good governance (AUPB), with sufficient evidence to support their claim. In this case, PTUN plays a role in providing justice and legal certainty for the aggrieved party. Therefore, even when the seller’s whereabouts are unknown, through the appropriate procedures and legitimate legal actions, the buyer can still acquire ownership rights over the land purchased.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Dista Suryana Putri; Rindi Rahayu; Teuku Ardhan Wardhana

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Handling terrorism cases in Indonesia requires a careful approach considering the diversity of applicable legal sources, especially Islamic Law and Pancasila. This article explores harmonization efforts between the two legal systems in the context of countering terrorism. Islamic law, with its principles that emphasize justice, security and protection of society, offers an approach based on restoration and enforcement of social norms. On the other hand, Pancasila as the basis of the state and national ideology provides a normative framework that emphasizes unity, social justice and human rights. This study analyzes how the principles of Islamic law can be integrated with the Pancasila legal framework to create an effective legal system in dealing with terrorism. The research focus includes a review of existing laws and regulations, policies for handling terrorism, as well as the implementation and implementation of the law in practice. This article also identifies challenges that may arise in the harmonization process, including potential conflict of norms and differences in interpretation between Islamic Law and Pancasila. This study aims to provide strategic recommendations for policy makers and law enforcement officials to create a more holistic and harmonious approach in dealing with terrorism. It is hoped that the integration of the values of Islamic law with the principles of Pancasila can strengthen efforts to prevent and overcome terrorism, as well as maintain the diversity and unity of the nation. Thus, this research contributes to the development of legal policies that are more inclusive and fair, in accordance with the Indonesian social and cultural context.

Ahmad Muhamad Musain Nasoha; Ashfiya Nur Atqiya; Desy Indah Pratiwi; Rachmanda Putri; Sabil An Naim

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Pancasila, as the ideology of the Indonesian nation, plays a crucial role in guiding both individual and collective life. As a worldview rooted in the nation's cultural values, Pancasila reflects local wisdom, acknowledged for its truth, and serves as a foundation for maintaining consistency in thought and action amidst Indonesia's plural society. This article employs a qualitative research method with philosophical and sociological approaches, utilizing literature reviews and critical analysis of various sources related to ideology and national values. The findings reveal that Pancasila possesses unique characteristics distinguishing it from other ideologies, particularly its ability to accommodate diversity without disregarding universal values. All principles of Pancasila are proven to be logical, relevant, and applicable in addressing social, political, and economic challenges, thereby reinforcing its role as an ideal guide for the Indonesian people. These findings affirm Pancasila’s distinctiveness as a unifying ideology adaptable to the dynamics of the times.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Alfia Nur Khasanah; Fina Amalia Nadi; Lulu’ah Ukhti Isnaini

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to explore and analyze the relationship between Pancasila, as the foundation of the Republic of Indonesia, and international principles of justice and equality. Pancasila, which consists of five precepts that reflect the basic values of the Indonesian nation, is expected to serve as a guideline in the application of the principles of social justice and equal rights in the international context. This study uses an analytical approach to evaluate how Pancasila aligns with various international conventions and standards related to human rights and social justice. It also discusses the challenges and opportunities in integrating Pancasila values with global norms, as well as its impact on Indonesia's public policy and international relations. The results show that while there is significant alignment between Pancasila and international principles on justice and equality, there are some challenges in its implementation that need to be addressed to ensure better harmonization between national and international norms.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Karina Cahyawati; Kurnia Al Fiyatur Rohmaniyah; Choirunnisa Puspita Dewi

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to explore the influence of Pancasila in Islamic criminal law reform, focusing on efforts to combat terrorism. Using a qualitative approach, this research collects and analyzes various literature sources and relevant legal documents. In addition, document analysis was conducted to evaluate existing policies and practices, as well as challenges in the application of Pancasila principles. The results show that the integration of Pancasila can strengthen Islamic criminal law by ensuring a more just and humane application in dealing with terrorism. However, there are challenges in the reform process, including differences between sharia and Pancasila principles and implementation issues. This research recommends in-depth reforms, development of oversight mechanisms, and increased dialogue between relevant parties to create a more effective legal system that is in line with Pancasila values. The findings provide important insights for Islamic criminal law reform that is more harmonious and responsive to the threat of terrorism. The research method used is normative legal research with statutory, conceptual case, historical and comparative approaches.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Cahya Juwanti Arum Sari; Nurmi Syahidah; Rifky Azuan Syahlevi

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The relationship between citizenship, human rights, national law, and Islamic law. Citizenship provides a formal basis for individuals in a state, while human rights are fundamental rights guaranteed by the constitution and international instruments. Islamic law also emphasizes the protection of human rights based on the principles of justice and dignity. This study compares how national law and Islamic law regulate citizenship and human rights, and seeks how both can complement each other in strengthening the protection of individual rights in Indonesia. With a normative and comparative legal approach, it is hoped that this study can contribute to creating an inclusive, just, and humanist legal system that respects diversity and moral values, and is able to handle contemporary issues such as the protection of minority groups and women's rights.

Ahmad Muhamad Musain Nasoha; Ashfiya Nur Atqiya; Omar Mochtar; Salma Keisa Azzahro Zain; Wahyu Sri Ningsih

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

This study aims to analyze the role of Pancasila in the process of harmonizing international law and national law in Indonesia, with a focus on extradition agreements. As the state ideology and philosophical foundation of Indonesia, Pancasila provides principles that underpin the formation and implementation of national law. This study explores how Pancasila’s values, such as social justice and humanity, influence the policies and implementation of extradition agreements, as well as the challenges faced in aligning national law with international obligations. Using a qualitative approach and case studies, this research demonstrates that Pancasila functions as a moral and ethical guide that reinforces the integrity of Indonesian law in the global context. The findings are expected to provide insights into how the fundamental values of the state can strengthen the harmonization between national and international law and influence foreign policy and law enforcement in Indonesia.