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Maria Ayentusianti Mamo; Saryono Yohanes; Hernimus Ratu Udju

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

The process of holding elections must implement the principles of the election itself, namely: Honest, Fair, Direct, Public, Free, Secret, and Transparent. However, the implementation of general elections in Indonesia is inseparable from all forms of election violations and election disputes. One of the institutions responsible for supervising general elections in Indonesia is the General Election Supervisory Agency (BAWASLU). This type of research is empirical juridical legal research using the type of legal sociology study (Socio-legal research) which emphasizes the importance of interview steps and literature studies and qualitative descriptive analysis, namely by explaining, elucidating, and describing problems and close solutions. The results of this study show that: (1) The main functions of Bawaslu include monitoring, studying, and supervising the election process and preventing election violations. Therefore, monitoring, studying, preventing and supervising every stage of the general election in Kupang City properly and the implementation of Bawaslu's functions involves monitoring, investigating, and enforcing rules during the election process. (2) Efforts made by Bawaslu include maintaining the integrity of the election by ensuring that all processes run according to the rules, preventing and handling violations such as money politics and black campaigns. The efforts made by the Kupang City Bawaslu in overcoming Election Violations in Kupang City can be considered successful.

Maria Shevilla Putri Dewa; Kotan Yohanes Stefanus; Yohanes G. Tuba Helan

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

This study aims to find out and analyze the Regulation of the Health Management System in Realizing Public Health at the dr. Hendrikus Fernandez Regional General Hospital, East Flores Regency. This research is a normative juridical research using secondary data consisting of primary legal materials and secondary legal materials collected through literature research in the form of books, laws, legal journals, research-related articles and several from internet sites and other reading sources. The collected legal materials are analyzed qualitatively juridically using a conceptual approach (Conceptual Approach) and a statutory approach (Statute Approach) based on laws that are relevant to theories, legal concepts and principles of problems. The results of this study show that: (1) From the aspect of health management regulation, the lack of support for health management which is the influence of performance is not good.  (2) From the aspect that is a factor that hinders the service, the poor arrangement makes the service not good so that there is a lack of satisfaction from the community. 

Rochmadi Rochmadi; Zainal Arifin Hoesein

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

Responsive law in Indonesia is an approach that aims to adapt the legal system to the dynamics and needs of a growing society. This article analyzes how the application of responsive law can improve justice and the effectiveness of law enforcement in Indonesia. The methodology used in this study includes a qualitative analysis of existing legal policies, in-depth interviews with legal practitioners, and case studies from several regions in Indonesia that apply the principles of responsive law. The results of the study indicate that the application of responsive law is not only able to answer emerging social challenges, but also strengthen the legitimacy of law in the eyes of the community. By integrating the values of justice and local needs in the law-making process, it is hoped that the Indonesian legal system will become more inclusive and responsive to community aspirations. This study recommends the development of more flexible and adaptive legal policies to ensure more equitable justice throughout Indonesia.  

Sarah Magfirah Daud; Nur Mohamad Kasim; Weny Almoravid Dungga

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

The integration of local wisdom in the role of village heads as mediators of industrial relations disputes is an effective strategy in rural conflict resolution. Local wisdom, which is a community's traditional knowledge and practices, can be used to understand and resolve complex conflicts. The village head, as a respected figure with traditional knowledge, can serve as an effective mediator in resolving industrial relations disputes. The results show that village heads play an important role as mediators by integrating local wisdom principles such as deliberation, mutual cooperation, and harmony in the mediation process. The custom-based approach proved effective in reaching an agreement that was acceptable to both parties and maintaining social harmony in the village. However, challenges arise when dealing with large companies or disputes involving formal legal aspects. This research provides new insights into the potential integration of local wisdom in the resolution of industrial relations disputes at the village level, as well as the implications for the development of a more contextualized alternative dispute resolution system in Indonesia. The analysis will discuss how the integration of local wisdom in the role of the village head can improve the effectiveness of conflict resolution in rural areas.

Donny Widianto; Zainal Arifin Hoesein

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

The theory of legal positivism plays a crucial role in the development of modern legal thought by emphasizing the importance of written and systematic norms in law enforcement. This approach is based on the assumption that the law is the product of regulations made by state institutions, as stipulated in various laws, including the 1945 Constitution, the Criminal Code (KUHP), and Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The methodology used in this study is qualitative analysis through literature studies and interviews with legal experts to explore the understanding of the application of positivism theory in legal practice in Indonesia. The results show that although positivism provides a strong framework for legal analysis and supports legal certainty, there are still significant challenges related to the application of the values of justice and morality in the legal system. This study concludes that to achieve social justice, there needs to be an integration between positivism and moral principles in modern legal practice.

Fadhila Vidianti

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

The State, as the supreme authority over land, water, and outer space, including the natural resources within, holds the highest level of power as an entity representing the entire population. This authority includes the regulation, utilization, use, and maintenance of these resources, as well as defining the legal relationships between individuals and these resources. The primary goal of this authority is to achieve the greatest welfare for the people and to promote justice, well-being, and freedom within a society based on the principles of an independent, sovereign, just, and prosperous Indonesian legal state. In the context of Indonesian agrarian law, land is considered a part of the earth's surface and is governed by Law No. 5 of 1960 on Basic Agrarian Principles (UUPA). Land rights, such as Ownership Rights and Building Use Rights (HGB), play a crucial role in land management and use, including as collateral for credit. Mortgage Rights, regulated by Law No. 4 of 1996, provide security over land and related objects, with the right holder entitled to sell the property through public auction if the debtor fails to meet their obligations. The importance of land registration and ownership rights is regulated by Government Regulation No. 24 of 1997, which ensures legal certainty for land and property owners. Creditors, including banks, play a critical role in the economy by providing credit facilities, where collateral on land and buildings is a key aspect to ensure the security of repayment and the legal validity of transactions. The classification of creditors as separatis, preferen, and konkuren facilitates the execution of mortgage rights in the event of contract breaches, thereby providing the necessary legal protection for lenders.

Fauzi Ar Rozi

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Fatwa DSN-MUI No. 4 of 2000 is a crucial guideline in Islamic banking practices in Indonesia, regulating the fundamental principles and operations of Islamic financial institutions. This study aims to analyze the implementation of the fatwa within the context of Islamic banking in Indonesia, focusing on the challenges encountered and potential solutions. The research methodology involves a qualitative approach with document analysis and interviews with Islamic banking practitioners. Findings reveal that while the fatwa provides clear guidelines, its implementation still faces several challenges, such as differing interpretations of Sharia principles and limited human resources. Proposed solutions include enhanced training for Islamic banking staff and the development of more effective supervision systems to ensure compliance with Sharia principles.

Jaury Douglas Pardomuan; Irwan Triadi

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Healthcare services for vulnerable age groups are often neglected due to pragmatic considerations. However, in national development, distributive justice and inclusivity must be promoted to help create a society that supports each other and is capable of achieving shared prosperity. This research focuses on a critical analysis of the efforts to fulfill the right to healthcare services for vulnerable age groups, employing a normative-juridical research model with measurement tools based on the principles of justice, legal certainty, and utility. The findings indicate that there is still a lack of detailed and inclusive provisions for vulnerable age groups, which do not yet meet the principles of justice, legal certainty, and utility.

Safitri Saraswati; Noor Saptanti; Jadmiko Anom Husodo

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Human rights are inherent in every human being who has the same rights, including unilateral termination of an agreement, then these human rights are disturbed and not protected. The research method uses normative legal research, namely the doctrinal method, namely inventorying positive law, finding legal principles and doctrines, synchronizing existing laws and regulations and conducting research by reviewing and examining various existing literature. With the Legislative Approach, Historical Approach, Comparative Approach, and Conceptual Approach. The results of the study indicate that unilateral termination of an agreement has the potential to be categorized as an unlawful act if the unilateral termination of the agreement is carried out without a valid reason, violates the principles of propriety and law, and causes losses to other parties. In addition, unilateral termination of an agreement if carried out without a valid reason violates human rights related to the right to legal certainty and human freedom without discrimination.

Suramin Suramin; Yasmirah Mandasari Saragih; Ismaidar Ismaidar

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

Village funds disbursed by the government sourced from the APBN are still considered as assets that continue to be targeted by certain Village Heads with low morals. The high political costs to get the number one seat in the village cause people to do anything to get it. Because the village funds disbursed are quite tempting. In just one year in mathematical calculations, the capital spent during the process of getting the position of village head can be returned. Therefore, the suboptimal performance of the village head is due to many stumbling blocks of interest. The village head is no longer focused on the promised programs. The village head only focuses on efforts to return the campaign funds spent so far. The high number of corruption cases that hit the village head if it does not become the government's attention, the disbursement of village funds which were originally intended to make the village strong, advanced and independent will be in vain. That is why the role of the Village Consultative Body is needed here, an independent institution whose status is outside the village government. The function of the BPD which is expressly stated in the village law has not been implemented optimally, this results in village fund leaks always occurring every year in almost all regions of Indonesia. This study uses a normative legal research type, namely research that focuses on research on related laws and regulations. The results of this study indicate that Village Fund Supervision in Improving the Performance of the Village Consultative Body has not been guided and based on the principles of Law No. 6 of 2014 concerning Villages. The BPD has not fully carried out its functions. And the obstacles experienced are mainly in the HR aspect besides the absence of regulations that explicitly explain how the technical supervision of the allocation of village funds.

M. Kholidul Azhar; Ansori Ansori; Nivarica Aurel Nur Syahputri

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

Bid rigging, an illegal practice that undermines the principles of fair business competition, is widespread in government procurement of goods and services. The actions of business actors who deliberately control tender winners not only harm the state, but also deprive consumers of their right to obtain quality products and services at competitive prices. This research in-depth analyzes the practice of bid rigging in the perspective of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, especially Article 22. Using a statutory approach, this research reveals the impact, forms and legal sanctions on the practice. bid rigging in the procurement of government goods and services. It is hoped that the results of this research can provide effective policy recommendations to prevent and take firm action against the practice of bid rigging, so as to create a healthy and fair business competition climate.

Nurul Inayah Muchlisa Syarifudin; Nirwan Junus; Mohamad Taufiq Zulfikar Sarson

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Ministerial Regulation Number 4 of 2017 concerning the Principle of Recognizing Service Users for Notaries was created to reduce even members of the crime of money laundering in Indonesia. This Ministerial Regulation is applied in the position of Notary in order to implement Government Regulation Number 61 of 2021 concerning the reporting party in the Prevention and Eradication of Money Laundering Crimes The increasing number of Money Laundering Crimes involving notary services in an effort to link the origin of assets derived from predicate crimes is the cause of the implementation of the Principle of Recognizing Service Users The type of research in this thesis uses normative legal research with a descriptive writing type The problem approach uses a qualitative approach. Data and Data sources use secondary data consisting of primary, secondary, tertiary legal materials. Data collection methods with literature studies, documentary studies and interviews with several parties, including the Ministry of Law and Human Rights and the Notary itself.

Eizeluna Farnesty; Fenny Rahma Sari; Raihan Dzaky; Rani Bela Septia; Siti Balqis Alayya +2 more

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

The legal profession in Indonesia carries significant responsibility in upholding justice, particularly through adherence to the Indonesian Advocates Code of Ethics (KEAI). However, violations of this code, such as bribery involving lawyers, often undermine the integrity of the judicial system. This study examines how ethical breaches, particularly in bribery cases, occur and their impact on the legal profession and public trust in the judiciary. Using a normative juridical method, the study focuses on analyzing legal norms that regulate lawyers' conduct, including relevant legislation. Cases such as those involving lawyers Lucas and Fredrich Yunadi highlight how these violations influence court decisions and undermine the principles of justice. The findings reveal that factors such as client pressure and weak oversight from professional organizations contribute to bribery violations. This practice not only damages public trust in the legal profession but also threatens the integrity of the judicial system, which is expected to operate fairly and transparently. Therefore, comprehensive efforts are required to prevent ethical violations, including strengthening oversight, enforcing strict sanctions, and enhancing ethics education for future lawyers.

Alya Amirunnisa Pusadan; Irawaty Igirisa; Fenti Prihatini Dance Tui

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the organizational culture at the Representative Office of the Audit Board of the Republic of Indonesia in Gorontalo Province. This research uses a qualitative research approach. The data collection techniques include observation, interviews, and documentation. The data analysis techniques involve data reduction, data presentation, and conchading. The results of the research indicate that the organizational culture at the Representative Office of the Audit Board of the Republic of Indonesia in Gorontalo Province is analyzed hased on the research focus and sub-focus, which involves seven principles of organizational culture, such as innovation, the team orientation, the result orientation, and the member orientation. Morcover, the principle of aggressiveness has been well-implemented, Furthermore, the principle of innovation is demonstrated by the existence of web pages for cach sub-division that the employees can access. The principle of meticulousness is shown in the public relations division, where employees must carefully draft letters, particularly in the letters' numbering system. Additionally, the principle of team orientation is observed, where employees are divided into groups tasked with conducting audits in the Gorontalo Province. These groups focus on both result orientation and member orientation. Result orientation includes work plans that most be achieved within five years, while member orientation includes the requirement for employees to participate in training to develop their capacities. The principle of aggressiveness is reflected in how all employees are expected to meet deadlines to achieve the set targets. However, the principle of courage is not yet fully optimized because some employees hesitate to try new things and are reluctant or fearful to express their opinions.

Meriyanti Mayesti Bauky; Saryono Yohanes; Hernimus Ratu Udju

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

This study aims to find out and analyze the regulation of good governance principles in the Kupang City One-Stop Integrated Service and One-Stop Integrated Service reviewed from Law No. 25 of 2009 concerning Public Services. This type of research is normative legal research, namely legal research conducted by researching literature materials or secondary data, in this case laws and regulations, books and legal journals. The results presented in this study are (1) Regulation of Good Governance Principles where there are five functions carried out by the Kupang City Investment and One-Stop Integrated Services Office (2) Good Governance Principles in Ensuring Legal Certainty and Justice where there are 6 foundations or Governance Principles enforced in the Kupang City Investment and One-Stop Integrated Services Office (3)  Implications of the Principle of Good Governance in Public Services where the motto of the Kupang City Investment and One-Stop Integrated Service Office (DPMPTSP) in carrying out licensing service activities is "CEPAT" with explanations, namely meticulous, efficient, professional, accountable and transparent.

Tri Cahyadi; Ahmad Ahmad; larsen Barasa

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

This research investigates the integration of sustainability principles and digital advancements in maritime law education within vocational training programmes. Drawing on qualitative perspectives from maritime professionals and educators, the study identifies critical areas for curriculum enhancement and skill development. Key findings highlight the industry's emphasis on regulatory compliance, safety management, and the use of digital technologies in maritime operations. The research underscores the importance of practical training modules, simulation-based learning, and industry partnerships in preparing cadets for real-world challenges. Expertise from industry stakeholders informs curriculum design, focusing on digital navigation tools, safety protocols, and regulatory frameworks like STCW and IMO standards. Assessment of cadet readiness reveals strengths in theoretical knowledge but emphasizes the need for more extensive practical training. Innovative approaches using simulators and online platforms enhance learning outcomes and operational efficiencies. The study concludes with recommendations for ongoing collaboration between academia and industry to sustain curriculum innovation and prepare a competent workforce for the evolving maritime industry.

Jamal Qadar; Burhanuddin Burhanuddin; Yuniarni Yuniarni

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

This study aims to determine the application of good governance principles at the Wajo Regency Investment and One-Stop Integrated Services Office (DPM-PTSP), the research informants consist of staff and employees along with the public who want to take care of licensing letters at the Wajo Regency DPM-PTSP Office. This study uses a qualitative method with a descriptive approach.The results of this study show that the application of Good Governance principles at the Wajo Regency Investment and One-Stop Integrated Services Office (DPM-PTSP) has been running well, including accountability that has been effective and efficient in terms of achieving strategic objectives that contain vision, mission, goals and objectives, and activities that are equipped with performance indicators and targets to be achieved,  Transparency with the accountability of staff and employees in carrying out their respective duties which are quite professional, Participation shows that the community feels very satisfied with public services, and the Rule of Law is also very good because it is carried out fairly without discriminating against the social status of the community. The conclusion is that the application of the Good Governance Principle at the Wajo Regency DPM-PTSP office has been realized and implemented well.

Yanto Hasyim

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

The phenomenon of nikah sirri (unregistered marriage) in Indonesia presents critical challenges in family law, particularly concerning the legal status of children born from such unions. This study examines judicial determinations of child origin by the Religious Courts as a legal mechanism to grant civil legitimacy to children from nikah sirri. Using a normative qualitative approach and analyzing two court decisions (No. 0648/Pdt.P/2018/PA.Lmj and No. 1731/Pdt.P/2022/PA.Jr), the research explores how judges consider the principles of justice, legal certainty, and legal utility through the lens of Gustav Radbruch’s legal philosophy. Findings reveal that judicial reasoning in these cases transcends procedural formalism, reflecting an ethical commitment to the holistic protection of children’s rights. The study applies the Maqasid al-Shari’ah framework to evaluate how such rulings align with the five fundamental objectives of Islamic law (protection of life, lineage, property, intellect, and religion). The legal recognition of a child’s nasab and entitlements is shown to fulfill both statutory requirements and Islamic ethical standards of justice. Thus, this research underscores the need to strengthen the synergy between state law and Islamic moral values, positioning the court not merely as a formal legal apparatus, but as a transformative institution in achieving substantive justice in society.

I Nyoman Sucitrawan; , M Arief Amrullah; Tanuwijaya, Fanny Tanuwijaya

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

Cryptocurrency users, including those utilizing Bitcoin, Litecoin, Dogecoin, and others, are increasingly prevalent in Indonesia. Since the Rupiah is the only legal currency in Indonesia, cryptocurrencies cannot be used as a means of payment or exchange in financial transactions within the country. However, cryptocurrencies are considered investments when incorporated into commodities, becoming crypto assets that can be used as digital investment assets. This research employs normative legal research to explore legal principles and norms to address legal questions. If someone exchanges assets obtained from criminal activities for crypto assets, thinking they are legitimate, and if the money in these crypto assets is derived from criminal proceeds, such actions constitute money laundering (ML). This process involves purchasing crypto assets with illicit gains, exchanging Rupiah for cryptocurrency, or converting Rupiah into cryptocurrency. While cryptocurrency is recognized as a legal digital commodity for investment purposes in Indonesia, it becomes illegal when misused by individuals seeking to legitimize wealth obtained illegally. Converting illegally acquired wealth into cryptocurrency to deceive the government and make the transaction appear lawful may result in legal consequences

Dandy Widhianto Putra; Putu Devi Yustisia Utami

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to determine the risks that must be considered by banks before providing credit in order to prevent default and to know the implementation of the 5C principles that are applied when granting credit in PT. BANK BPD BALI Cabang Utama Denpasar, Denpasar. The writing of this research uses the type of empirical research, the location where this research takes place is in PT. BANK BPD BALI Cabang Utama Denpasar, Denpasar. In this research, the law approach and the fact approach are used. The results of the study can be explained that there are two risks that must be considered before giving credit, namely the risk of the bank's reputation and the risk of bank losses, besides that there is also the risk of credit problems. And the implementation used by PT. Bank BPD BALI Cabang Utama Denpasar are interviews and verification as the initial foundation, and the implementation of credit principles using the credit principles of 5C, Character, Capacity, Capital, Collateral and Condition.