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Shinta Adella; Agnes Fitryantica

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

Misconduct is an act that violates applicable legal provisions and contravenes professional norms. In the context of banking, violations of financial discipline and professional standards can have a serious impact on the financial stability and reputation of the institution. This research analyzes violations of financial discipline law committed by employees in lending at Bank BRI, based on a case study of Decision No. 10/G/2013/PHI/PN.KPG. These violations included non-compliance with lending procedures, abuse of authority, and violation of professional ethical standards set by the bank. This research uses a normative juridical approach, which focuses on the study of applicable legal norms through the analysis of legal documents and related literature. In its decision, the panel of judges considered evidence and witness testimony that showed negligence and non-compliance by the Account Officer. The implementation of sanctions for these violations is expected to provide a deterrent effect and improve compliance with financial discipline and professional standards. The study also identifies the steps taken by Bank BRI to improve its supervisory system and training for employees to prevent the recurrence of similar violations in the future. This study makes an important contribution to understanding the dynamics of financial discipline law violations in the banking sector and the remedial measures that need to be taken.

Habibatul Qalbi; Tarisha Lingke Lubis; Ghassani Marisah Hasibuan

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

Plans are a vital component in a government to achieve directed and sustainable development. This research aims to identify the importance of plans in managing resources, setting priorities, and creating transparency and accountability in government. The method used in this research is qualitative analysis based on literature reviews and case studies related to plan implementation in various governments, both national and local. The focus of this research includes the role of plans in resource efficiency, risk mitigation, and coordination between institutions. The research results show that governments that have thorough planning are better able to optimize the use of budget, labor and time compared to governments without clear plans. In addition, a good plan helps the government anticipate potential risks and challenges, as well as provide strategic solutions to face them. In terms of transparency, planning documents enable the public to monitor government performance, increase public trust, and support public participation in the development process. This research also found that plans that are inclusive and involve various stakeholders are able to create stronger synergy between institutions and maintain program sustainability even if there is a change in leadership. In conclusion, plans in government are not only a tool to direct development, but also an important instrument to ensure stability, effectiveness and efficiency. With a structured plan, the government can achieve development goals optimally and have a significant impact on community welfare. This research recommends strengthening planning capacity at all levels of government to improve the quality of governance and public services.

Ni Made Noviana Wulandari; I Ketut Kasta Arya Wijaya

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Document forgery is one of the criminal offenses that can damage the integrity of the legal system, affect public trust, and disrupt social order. This study aims to review the criminal law regulation related to document forgery in the Criminal Code (KUHP) and identify challenges in law enforcement. Based on the analysis of Articles 263 and 264 of the Criminal Code, it is found that criminal law in Indonesia has clearly regulated document forgery, by providing criminal sanctions to perpetrators who create, alter, or use fake documents for fraudulent purposes. However, the implementation of criminal law related to document forgery cases still faces various obstacles, such as limited evidence and the development of information technology that requires regulatory adjustments. Therefore, efforts are needed to strengthen the law enforcement system, improve legal education to the public, and adjust the rule of law to technological developments. This research provides suggestions to improve the efficiency of handling document forgery cases through strengthening coordination between legal institutions and updating relevant regulations.

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.

Lidia Rumapea; Margaret Pangaribuan; Muthia Ivana Zhara; Moria Debora Siahaan; Putri Intan Siringo Ringo +2 more

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Law plays a crucial role in enhancing public participation in local governance by providing a clear framework for citizen engagement in decision-making, oversight, and the fulfillment of their rights. This study examines the application of legal frameworks to improve public involvement in regional governance, focusing on the Indonesian context. Using an empirical juridical method, the research combines normative analysis of laws and empirical data from interviews and observations. Findings reveal that responsive legal products and participatory processes are essential to fostering public engagement in regional development. Key challenges include limited public awareness, bureaucratic inefficiencies, and inconsistent implementation of legal provisions. Addressing these issues through public education, transparent governance, and stronger legal enforcement can significantly improve participation rates. This paper highlights the importance of integrating legal and social perspectives to create inclusive and effective governance at the local level.

Ricky Setiawan Anas; Ahmad Redi

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

The recovery of state/regional assets is one of the important strategies in preventing corruption in Indonesia. The AGO, as a law enforcement agency, has a central role in restoring state assets suspected of being the proceeds of corruption. However, in practice, the AGO faces various obstacles that affect the effectiveness of asset recovery. Legal constraints such as overlapping regulations, complicated procedures, and asset ownership, are core difficulties. In addition, limited human resources and technology, as well as socio-political factors involving corruption in government institutions, also worsen the asset recovery process. This research focuses on identifying and analyzing the obstacles faced by the AGO in recovering state and regional assets. It also aims to outline the necessary steps to enhance the AGO's effectiveness in preventing corruption.

Koedho Mahan Yirangkat; Johan Erwin Isharyanto

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

Problems arise when the seller and buyer have died while the land that is the object of the sale and purchase is controlled by a third party. The formulation of the problem is as follows: 1) How is the validity of a land sale and purchase statement above the seal in the transfer of land rights? 2) What are the legal considerations of the panel of judges in the Pati District Court Decision Case Number 7 /Pdt.G/2023/PN. Pti.? 3) What are the legal consequences for the parties to the Pati District Court Decision Case Number 7/Pdt.G/2023/PN. Pti ? This study used a normative legal research approach. The data analysis used was a qualitative approach to secondary data as the main and primary data as supporting data. The results of the study show that the validity of the land sale and purchase statement letter above the seal in the transfer of land rights can be seen from the fulfillment of two requirements; general and special requirements. The legal consideration of the panel of judges in the Pati District Court Decision Case Number 7/Pdt.G/2023/PN.Pti. is that the Defendant's actions in controlling a plot of land recorded in the Village Book C Number 870, Plot Number 24 Class D1 covering an area of 270 M2 located in RT 002 RW 005 Tunjungrejo Village, Margoyoso Sub-District, Pati Regency are against the law. The legal consequences for the parties to the Pati District Court Decision Case Number 7/Pdt.G/2023/PN.Pti is that the Plaintiff has the right to control a plot of land as recorded in the Village Record Number 870, Plot Number 24 Class DI Area 270 M2, located in Rt 002 Rw 005 Tunjungrejo Village, Margoyoso Sub-District, Pati Regency, and the Defendant and the third party were ordered to vacate the land belonging to Ah Djumadi or his heirs which was the object of the dispute.

Hendricus Andrianto; Setiyowati Setiyowati; Aniek Tyaswati Wiji Lestari

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

This research examined the rationale behind guardianship stipulations for minors and aspects of inheritance law in Indonesia, particularly concerning the inheritance of shares to children. Through an analysis of the Semarang District Court Decree Number 542/PDT.P/2023/PN.SMG, which stipulates that the petitioner, as the biological father of his children, must still obtain a legally valid and legitimate guardianship stipulation from the court. This study used a normative juridical method with a descriptive-analytical approach, aimed at understanding the legal considerations of judges in determining guardianship and its juridical implications on children's rights. The research findings indicate that court-determined guardianship is a crucial step in providing legal certainty and protecting children's rights in shared inheritance. The juridical implications of such stipulations include legitimizing the guardian's actions, oversight against abuse of power, protection of the child's assets, and management of shareholder rights in companies. This study concludes that court-determined guardianship is a critical instrument in ensuring legal protection for minors in the context of shared inheritance.

Irwan Triadi; Indra Hendrawan; Ahmad Haris Junaidi; Dimas Yanuarsyah

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

Legal awareness and compliance are fundamental pillars of national legal development, aimed at establishing a just, effective, and responsive legal system that aligns with societal dynamics and development needs. This study identifies strategies to enhance legal awareness and compliance at individual, institutional, and corporate levels through a normative juridical approach, analyzing key elements of the legal system—legal substance, legal structure, and legal culture—based on Lawrence Friedman’s theory. The research highlights the importance of legal audits as a strategic tool for assessing regulatory compliance and ensuring the implementation of Good Corporate Governance in public institutions and business entities. Strengthening the regulatory framework for legal audits, including legitimizing the legal auditor profession, is essential to ensure independent, objective, and credible assessments, fostering public trust, business confidence, and legal system stability. By bridging gaps between legal formulation and implementation, legal audits contribute to a conducive business environment, enhanced national competitiveness, and effective legal development that supports Indonesia’s vision as a secure, just, and prosperous state.

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.

Malihah Malihah; Siti Nurlaila; Indah Mawarni; April Laksana

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

Human relations or relationships between people are one of the important elements in the success of an organization. This concept includes communication, social interaction, and effective leadership within the organization. This journal aims to review the importance of human relations in increasing employee productivity and welfare, based on an analysis of several scientific journals. Based on existing literature, the implementation of good human relations contributes greatly to creating a positive work environment and increasing team effectiveness.

Iman Sejati Zendrato; Yasmirah Mandasari Saragih; Fauzan Fauzan

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

Legal protection is an effort made by the government to protect its citizens in accordance with legal regulations that aim to realize justice, legal certainty, and benefits. The application of law is a system that aims to regulate and protect every action or behavior that occurs within the scope of society with various norms and sanctions that are binding and coercive in order to prevent problems from occurring. Every person who commits a crime will certainly be held accountable in the form of sanctions for the violations committed. In this writing process, the normative legal research method or normative juridical method is used using a statutory approach, a conceptual approach, and a comparative approach. A crime in general can also be caused by actions or deeds that are not directly carried out with an element of intent in the form of protection or self-defense. Accountability for criminal acts on the basis of self-defense in this case can be justified as long as it meets the requirements and limitations according to legal provisions. Thus, self-defense efforts in the criminal act process cannot be punished if they meet the elements of self-protection because there is no way out, meet the unlawful nature, for the benefit of oneself, others and public order issues, and do not go against the norms that live in society.

Luthfi Annashrul, Fajar; Arnanda Arnanda; Salsa Abrilia, Rista; Novalita Aurelia, Vanessa

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

The analysis of import duty policies on the protection of the local industry sector, especially in the context of cross-border e-commerce, has become very relevant amid the rapid development of digital trade. This study aims to evaluate the impact of import duty policies implemented by the Indonesian government on local industries and Micro, Small and Medium Enterprises (MSMEs). With increasing access to imported goods through e-commerce platforms, the challenges for local products are growing. New policies that regulate the amount of import duties, including the possibility of high tariffs, are expected to suppress the inflow of foreign goods that can harm domestic industries. Through this case study, it is hoped that an effective solution can be found to create a balance between the protection of local industries and ease of access for consumers in the digital era. The findings of this study are expected to provide better policy recommendations to support the growth of the domestic industrial sector.

Patricia Morisa Banfatin; Karolus Kopong Medan; Debi F.Ng. Fallo

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The development of artificial intelligence deepfake technology has opened up new opportunities in various fields to help speed up human work. However, on the other hand, this technology can also be misused to commit crimes. This research is a Normative Juridical research with a statutory approach and a conceptual approach, and examines the sources of legal materials according to the main problem, and uses prescriptive analysis techniques.The results of the study show: (1) The activity of using artificial intelligence deepfake technology that can cause cybercrime occurs due to attacks on the system, namely AI botnet attacks that have been infected by malicious software and Generative Adversarial Network attacks that have artificial neural networks that can produce data that is similar to the original data so that it is used as a means of committing crimes, and (2) Criminal law regulations in Indonesia regarding the misuse of artificial intelligence deepfake technology in committing cybercrime have not been regulated comprehensively, so that currently it is necessary to establish clear legal regulations in order to provide legal protection for every community.

Fajar Luthfi Annashrul; Edghar Abdullah Albab; Eka Sari Nurliana

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Marriage is a relationship between two parties, namely the man and the woman. There are two types of marriage in Indonesia, namely legal marriage and unregistered marriage. This marriage that is not registered in the KUA is a hot issue in civil law, especially in the context of civil inheritance, where in the case of decision number 282 / PDT / 2016.PT. SMG, where there is a transfer of inheritance rights by the husband to the unregistered wife, then the legal wife sues the unregistered wife because it is considered not to have legal power or standing with decision number 282 / PDT / 2016.PT. SMG the legal wife wins in the lawsuit, thus the unregistered wife does not get an inheritance, therefore a study was made that can be studied using the normative method, a study that emphasizes the source of the writing comes from laws and literature reviews. This study aims to find out and examine the position of unregistered wives and legal wives in civil inheritance law and the legal status of unregistered wives in controlling inheritance in civil inheritance law.

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

Musmulyadi Musmulyadi; Ismaidar Ismaidar; Tamaulina Tamaulina

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

Aceh Province is the only one in Indonesia that is given the authority to implement Islamic law in all aspects of community life. One aspect that is of concern to the Aceh government is the enforcement of Islamic law. Where, if there is a violation of Islamic law, the perpetrator will be subject to sanctions in the form of ta'zir with a punishment of caning in accordance with the level of his/her guilt after receiving a final verdict from the Aceh Sharia Court. This study uses a qualitative approach with a literature study type of research. In this case, the researcher examines various existing literature related to the implementation of caning punishment, both from books, journals, articles, and even print and electronic media. The results of the literature study show that the implementation of caning punishment in Aceh faces various obstacles in the form of limited budget, human resources, and rejection from many parties who view the implementation of caning punishment as contrary to respect for Human Rights (HAM).

Taufik Taufik; Akbarizan Akbarizan; Hidayatullah Ismail

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

There are two types of marriage guardians: first, nasab guardians, namely guardians whose guardianship rights are based on blood relations. Such as, his biological parents, or also wali aqrab and ab'ad (closest or distant relatives). Second, the wali hakim is a guardian whose guardianship rights arise because the bride's parents refuse (adhal) or are absent, or for other reasons that physically exist but the guardianship rights do not exist. The emergence of the Itsbat Nikah provision is also related to the issue of the status of marriage registration. There are two views on the issue of the status of marriage registration, the first view states that marriage registration is only an administrative requirement, not a condition for the validity of a marriage, so marriage registration is only a process of obtaining evidence that a marriage has been carried out by someone, while the second view states that marriage registration is a valid condition for marriage. In this discussion, the author focuses on the consideration of judges who grant itsbat nikah cases where the previous marriage was held using an unofficial guardian or not the KUA head. This is not in accordance with article 23 of the Compilation of Islamic Law “(1) The new guardian judge can act as a marriage guardian if the nasab guardian is absent or impossible to present or his residence is unknown or absent or adlal or reluctant”. The Applicant's marriage guardian in the marriage contract was another person (a local community leader named Selan) due to the Applicant's non-Muslim biological father. The judge considered it as follows:  that a kiyai, cleric or community leader who acts as a marriage guardian in Islamic law is known as wali muhakkam, namely someone who is appointed by the prospective husband and wife to act as a guardian in their marriage.    

Umi Kalsum; Akbarizan Akbarizan

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

One fundamental human need, which requires a highly specific solution, is the fulfillment of sexual desires, with marriage serving as its gateway. Therefore, a man who is already married may go to great lengths to marry again. Cross-border polygamous marriages involving Indonesian women and Malaysian men, conducted in Satun, Thailand, present a complex legal phenomenon. This study aims to analyze the implementation of laws governing such marriages under Indonesian, Malaysian, and Thai legal systems, as well as their impact on the legal status of the marriage, women's rights, and legal recognition in each country. The findings reveal that cross-border marriages often fail to fulfill registration procedures in the home country, rendering them legally unrecognized in Indonesia and Malaysia. In Thailand, Islamic law applied in Satun permits polygamy, but such recognition is local and does not automatically extend across national borders. This study recommends strengthening legal cooperation among countries to provide better legal protection for couples and related parties involved in cross-border marriages.    

Elisabeth Saragih; Yasmirah Mandasari Saragih; MH Fauzan; Lasma Sinambela; Kaaisar Romolus Deo Sianipar

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

This study aims to analyze the effectiveness of consumer protection law implementation in Indonesia, particularly through a case study approach on disputes between consumers and business actors. The research employs a qualitative method with normative and empirical juridical approaches. Data were obtained from legal documents, case reports, and interviews with relevant stakeholders. The findings reveal that although consumer protection regulations are comprehensive, their implementation faces challenges, such as low public legal awareness, weak law enforcement, and insufficient support from consumer protection institutions. This study recommend strengthening legal education, increasing the capacity of relevant institutions, and simplifying dispute resolution mechanisms.