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Sonia Yolanda; Muhammad Naufal Hakim; Zahvirah Ayudiah Pratiwi; Syamsu Adriyan Sahidin; Muhammad Fadhlurrahman +1 more

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

This research is aimed at examining how to protect the rights of indigenous peoples from several practices through a review of legislation. Regulations on customary law communities have long been regulated in Indonesian law, including the constitution. However, overlapping regulations due to conflicts of interest between the government and investors hinder the protection of their rights. Governments are often involved in land and natural resource grabbing, known as land grabbing and green grabbing. This practice triggers complex conflicts that are detrimental and ignore the rights of indigenous peoples. The conflict is rooted in the government's negligence in drafting harmonized rules that should really protect customary law communities.

Alya Deswitha Martha; M Fariz Raya Reswara; Muhammad Rais Aji Aras Kurniawan; Shophie Aulia Mumtazah; Tifany Putri Shaori +1 more

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

Correctional institutions are very important in the Indonesian criminal justice system. Here, prisoners receive education and training to reintegrate into society. They still have the same basic rights. This concept evolved from the changing values and goals of the criminal justice system. Indonesia is transitioning to restorative justice to transform prisoners into mentally and physically healthy individuals, who can contribute to society. The protection of the basic rights of prisoners is an obligation in every correctional institution. This is not only because it is a human right of prisoners, but it is also regulated in the Corrections Act. Furthermore, the realization of these basic rights can help the education and development process of prisoners in correctional institutions.

Destia Purwaningsih; Veny Nisratul Husna; Muhammad Ramadhan; Syahrul Mubarak; Anisa Anisa +2 more

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

Violence against women remains a serious issue in Indonesia despite the existence of Law Number 23 of 2004 on the Elimination of Domestic Violence (KDRT). This study aims to evaluate the effectiveness of the implementation of this law in reducing violence against women and to identify the barriers in its implementation. The research method used is a normative legal approach, focusing on the analysis of relevant regulations and related policies. The findings show that although legal awareness has increased, many women victims of violence are still hindered by social and cultural factors in reporting the incidents. Institutional factors, such as limited resources in law enforcement agencies, also affect the effectiveness of protection. The implication of this research is the importance of a thorough evaluation of existing policies and the need to improve the capacity of law enforcement agencies to handle cases of violence against women more effectively.

Ghatfhan Hanif

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

The mandate of the introduction of human rights and freedom as a human being has been stated in the opening of the 1945 Constitution (UUD 1945) with 4 (four) paragraphs that lead humans and their nation to humanity, a justice that is independent, united, sovereign, just and prosperous and is based on the development of the nation's ideals in the crystallization of Pancasila. The constitution is like the 'Spirit of the state' that lives to grow, develop, and direct the 'Physical state' towards the paradigm, understanding and actualization of axiology in everyday life. The reason is, the state is said to be perfect if its physicality is filled with spirit in the rules of harmony, harmony and balance. Thus, all of this is needed to be a name "State of Law". The state of law gives birth to basic concepts, namely the supremacy of law that is just, limitations of power, and guarantees of universal empowerment of human rights (HAM). The rule of law upholds the supremacy of the welfare concept of the rule of law that all people have the same position in the eyes of the law (equality before the law), so equality and social balance in fulfilling universal and fundamental rights in the case of people with disabilities must be positioned in a position, role and potential that legitimizes, justifies and confirms their condition as humans (living of human), not as objects or objects (inanimate).

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.

Joko Apriadi; Wan Maulidia; Aulia Agustin; Wiky Abial; Bagas Setia Ramadhan

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

This study analyzes the implications of the establishment of Natuna Regency on accelerating development in the archipelagic region. Using a qualitative approach with literature review, the research evaluates the impact of the division on public services, natural resource management, and infrastructure development. The findings indicate that the establishment of Natuna Regency, enacted through Law Number 53 of 1999, has shortened administrative control spans and improved governance effectiveness. Moreover, the acceleration of development in the maritime, energy, and tourism sectors has significantly contributed to local economic growth. However, challenges such as limited human resources and infrastructure in remote areas remain obstacles. This study recommends optimizing local potential and enhancing community participation in development as strategic steps toward equitable development outcomes.

Ismaidar Ismaidar; Tamaulina Br Sembiring; Majidah Pohan

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

As a system, the law will run well when the system is connected and working actively. The practice of criminal acts of corruption that occurs in Indonesia is increasingly sophisticated, systematic and widespread at all levels of society which has an impact on the amount of state financial losses. Various statutory regulations have been attempted to eradicate corruption, namely Law Number 31 of 1999 jo. Law Number 20 of 2001 and the Government has even ratified several articles of the 2003 United Nations Convention Against Corruption (UNCAC) through Law Number 7 of 2006. However, to date it is still unable and effective to enforce it in eradicating corruption. The Corruption Eradication Commission (KPK) has a system for dealing with corruption cases, namely Operation Arrest (OTT). anywhere in Indonesia. The type of research applied is normative legal research with a normative juridical approach, namely research carried out based on library materials which are secondary data. Based on the results of the research, it can be stated that in the politics of criminal law in dealing with criminal acts of corruption based on penal and non-penal policies, it is no longer effective in eradicating criminal acts of corruption which are detrimental to the country's finances and economy and the Corruption Eradication Commission's policy, which is included in one of its policies, is carrying out Hand Catch Operations, namely tapping. Tapping is the activity of listening, recording, deflecting, changing, inhibiting and recording the transmission of electronic information or electronic documents, whether using communication cable networks or wireless networks, such as electromagnetic radiation or radio frequency, including examining packages, postal mail, correspondence and other documents. Apart from that, the legal politics of dealing with criminal acts of corruption through Operation Capture of Arms, including the lack of regulations regarding wiretapping and entrapment carried out by the Corruption Eradication Commission, is vulnerable to violations of Human Rights (HAM), especially regarding entrapment, because entrapment is not recognized by law or as a criminal act. corruption in Indonesia.

Ismaidar Ismaidar; Tamaulina Br Sembiring; Muhammad Faiz Hadi

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

Legal politics is one of the central concepts in the legal system which is closely related to state policy in the formation, application and change of law. This article examines the role of legal politics in legal reform in Indonesia post-1998 reform, with a focus on the challenges faced in implementing legal policies as well as evaluating the effectiveness of the changes that have been made. This research uses a qualitative approach with analytical descriptive methods, which aims to describe how legal politics can be an instrument that determines the direction and substance of legal reform in Indonesia. The results of this research show that although there has been progress in legal reform, major challenges still exist, especially related to the implementation of legal policies which are influenced by political dynamics which do not always support the creation of an effective and just legal system.

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.

Muhammad Arief Tungkagi; Nur Mohamad Kasim; Weny Almoravid Dungga

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

This research aims to analyze the role of legislation in addressing cases of unregistered marriages conducted by Civil Servants (PNS). Utilizing a normative legal research method with a statute approach, this study employs library research, expert opinions, and an examination of Government Regulation No. 10 of 1983 in conjunction with Government Regulation No. 45 of 1990 concerning Marriage and Divorce Licenses for Civil Servants. These regulations have a hierarchy that refers to Law No. 16 of 2019 concerning amendments to Law No. 1 of 1974 on marriage. The perspective of this research is to evaluate the extent to which government regulations can control the functions and positions of civil servants as state apparatus faced with freedom of perspective, both from administrative, legal norms, and religious values.

Muhammad Afuza Fauzan Adhim; Puspita Anggi Kurnianita; Putri Cahyani; Emma Yunika Puspasari

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the debt restructuring process of PT Adhi Persada Properti through a Penundaan Kewajiban Pembayaran Utang (PKPU) proceeding. By employing a normative legal research method with a descriptive approach, this study analyzes the legal framework governing PKPU and its application in the case of PT Adhi Persada Properti. The findings reveal that the company's delay in submitting a peace plan and the lack of a clear restructuring strategy have raised concerns about the fairness of the process for creditors. The study highlights the importance of timely compliance with legal requirements in PKPU proceedings and the need for a balanced approach that protects the interests of both debtors and creditors.

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.

Nurwidya Kusma Wardhani; Irwan Triadi

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

This study aims to examine how the relevance or legal relationship between the National Resource Management Law and the Indonesian National Army Law. The relationship referred to here wants to examine the aspects of military law and military institutions. We know that after the issuance of the PSDN Law on October 24, 2019 there are several things regulated in it that are closely related to the TNI Law. Especially when talking about the human resources in it (for example the reserve component - komcad). The data collection method is carried out by studying literacy and laws and regulations and conducting qualitative descriptive data analysis to find out how the relationship between the PSDN Law and the TNI Law, especially for the management of human resources - komcad.    

Nanda Silvia Galingging; April Laksana; Miftahus Sa'adah; Eva Nurhaliza

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

This research which discusses the role of content marketing in product quality in the TikTok application has a significant influence on the perception of product quality in TikTok. The majority of respondents stated that creative and relevant content influenced their perspective on product quality, tended to rate positively when the content presented could attract attention with clear information and build emotional connections. Further analysis of TikTok video content shows success based on the utilization of trends, selection of appropriate narratives, use of features such as hastag challenges. However, the success of content cannot be separated from a deep understanding of the target audience, therefore brand personalization must be a balance between entertainment and promotion.

Michele Gisela Dubu; Rudepel Petrus Leo; Orpa Ganefo Manuain

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

The world has entered the era of modernization and affects increasingly sophisticated technology and information, but this has resulted in many individuals who abuse the internet as a means of committing crimes, one of which often occurs is cyberbullying  or (cyberbullying). The crime of cyberbullying  has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning the ITE Law and the Criminal Code (KUHP) which is elaborated to become the basis for authorized law enforcement in enforcement efforts. This research is an empirical juridic research. The location of the research in the East Nusa Tenggara regional police area, the data collection method is by interviews, documentation studies and observations. The collected data is then analyzed and then presented in a qualitative descriptive manner. The results of the research on law enforcement through 2 stages, among others, preventive efforts and repressive efforts, then inhibiting factors in law enforcement, among others, limited budget and tools for investigation and investigation so that it is difficult to find evidence if the perpetrator uses a fake account without personal data or phone number, besides that Article 74 of the Criminal Code has regulated the expiration of the complaint offense so that the victim must immediately report the crime he has experienced. As for the suggestion, it is hoped that the consistent active role of law enforcers to socialize rules and ethics in the use of social media and maximize law enforcement efforts for perpetrators of criminal acts to the court stage. The government can make a special formula related to the expiration of complaints for cyberbullying  cases in the ITE Law. It is hoped that the public will have a high legal awareness in the use of social media so as to prevent criminal acts committed through cyberspace.    

Amanda Fauziyyah; Pratama Setiaputra Adhidarma; Cantika Khoerunnisa Alrasyid; Dwi Desi Yayi Tarina

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

This article discusses legal protection for PT Freeport Indonesia employees affected by Termination of Employment (PHK), focusing on government policies and their implementation in. The discussion will begin with the legal basis that protects employee rights, including Law No. 13 of 2003 concerning Manpower and Government Regulation No. 35 of 2021, which regulates employment contracts, outsourcing, working hours, rest, and layoff procedures. This article will discuss employee rights after layoffs, such as compensation, severance pay, and social security. In addition, this article discusses the role of government institutions, such as the Ministry of Manpower, in ensuring that companies carry out layoff procedures in accordance with regulations. In addition, the challenges of law enforcement for employees such as limitations in dispute resolution and lack of access to information are also of concern. This article concludes with suggestions for improving legal protection for employees affected by layoffs.

Nurlaili Hasanatul Aprilia; Sri Sunaringsih Ika Wardojo; Bonita Suharto

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

Letjen Sutoyo RW 03 Lowowaru is an urban area in Malang City. This area has a Health Center that plays a vital role in maintaining public health. The aging process is characterized by a decrease in the body's ability to adapt to external stress, which leads to a decrease in the physiological function of organs, systems, and overall body ability. One of the important functions of the body is to form balance, which refers to the ability to maintain the center of the body's position against the supporting base when standing, sitting, moving, or walking (Winter, 1995 in Howe, et al., 2008). This balance is essential to maintain stability when moving from one position to another (Lee & Scudds, 2003).

Aditia Widya Tama

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

This study analyzes the legal application in determining cases of sexual harassment in Bekasi under the Indonesian Penal Code (KUHP), given the high prevalence of such cases in the region. Using descriptive-analytical methods and statutory and conceptual approaches, the research identifies how criminal law is applied in addressing sexual harassment, challenges in investigation processes, and Islamic law perspectives on this phenomenon. The data includes primary, secondary, and tertiary legal materials obtained through literature studies. The findings reveal that while the KUHP provides sufficient provisions for handling sexual harassment cases, its implementation faces significant challenges, including limited legal awareness, social stigma, and lack of evidence. The study highlights the need for a more comprehensive approach to addressing these cases, including regulatory reforms supporting justice for victims and stricter sanctions for perpetrators. In conclusion, strengthening criminal law and raising legal awareness are essential to improving the effectiveness of law enforcement in sexual harassment cases in Indonesia.

Sajid Munandar Alam; Yossie Maria Yulianty Jakob; Husni Kusuma Dinata

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

The purpose of this study is to determine the legal status of the eigendom verponding land No. 1 AAN after the decision No. 27/Pdt.G/2019/PN Soe, and the legal consequences of the decision No. 27/Pdt.G/2019/PN Soe. The benefit of this research is to contribute to the development of knowledge in general legal studies and specifically in agrarian law, particularly in the context of the control of western lands that have not yet been converted according to the provisions of the Basic Agrarian Law. This research is a type of normative research. The results of this study show: (1) The legal status of the eigendom verponding land No. 1 AAN after the decision No. 27/Pdt.G/2019/PN Soe is valid and has binding legal force because it has been registered and ratified by the Regent of Timor Tengah Selatan, Drs. C Tapatab, on July 27, 1979, as a representative of the Directorate General of Agraria. (2) The legal consequence of decision No. 27/Pdt.G/2019/PN Soe is that nothing can be executed because the judge declared the case inadmissible (Niet Ontvankelijke Verklaard - NO), meaning the substance of the case cannot be examined, but the plaintiff was ordered to pay court fees amounting to IDR 5,811,000 (Five million eight hundred eleven thousand Rupiah). The author's recommendation is that the public should keep and document all land ownership-related documents, that plaintiffs or heirs should file a new lawsuit so that the substance of the case can be continued, that the government should ensure legal certainty in every process of acquiring ownership rights, that the Timor Tengah Selatan Regional Government should issue a final Regional Regulation related to land law, and that judges in the PN Soe Court should dig deeper into the information to resolve the dispute regarding the eigendom verponding land No. 1 AAN.    

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.