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Yokhebed Arumdika Probosambodo

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

Refleksi kritis atas perkembangan ilmu hukum internasional di Indonesia menurut sudut pandang filsafat ilmu menjadi hal yang penting untuk dikaji karena memberikan pemahaman mendalam tentang konsep, ruang lingkup, dan hubungan antara filsafat ilmu dan ilmu hukum internasional. Selain itu, tinjauan kritis terhadap perkembangan ilmu hukum internasional di Indonesia juga akan memunculkan pemahaman yang mendalam tentang keterbatasan, tantangan, serta implikasi filsafat ilmu terhadap praktik ilmu hukum internasional di Indonesia. Kajian ini muncul sebagai respons terhadap kebutuhan akan peninjauan kritis yang mendalam terhadap keterbatasan, tantangan, serta solusi yang dapat diusulkan dalam konteks perkembangan ilmu hukum internasional di Indonesia. Dengan demikian, penelitian ini akan memberikan landasan yang kuat untuk menjalankan refleksi kritis atas perkembangan ilmu hukum internasional di Indonesia dari sudut pandang filsafat ilmu.    

Christina Tabita Sitanggang; Syamsul Fatoni

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

This study examines the legal protection of child victims of immoral crimes committed by TNI soldiers in Military Court III-12 Surabaya. This study focuses on the effectiveness of military law in protecting children's rights and the challenges that arise in these cases. Using a juridical-sociological legal research method, data was obtained through interviews with judges and legal counsel, as well as analysis of laws and regulations. The research findings show that the protection of children in the military context is still inadequate. The provisions of military law, especially the KUHPM, focus more on sanctioning perpetrators than on the welfare of victims. Child protection is generally regulated in Law No. 35/2014 on Child Profeatection. However, law enforcement by Military Courts remains limited. This study highlights the need to improve the military legal framework to ensure better protection for child victims, especially in cases involving TNI soldiers

Nethasya Tri Ananda Sianturi; Muhammad Husni Thamrin

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

Public service is any form of service or service provided by a government or public institution to the public in general. Administrative services are intended to facilitate the needs of citizens in administrative matters such as identity cards, business permits and other administrative services. This study aims to analyze the performance of administrative services in Kantor Lurah Sei Putih Tengah and to observe any obstacles that are inhibiting the functional performance in this Lurah Office. It shows that there are still obstacles in the performance in the administrative service in Kantor Lurah Sei Putih Tengah. The research method used is a descriptive method with a qualitative approach aimed at understanding in depth how and why a phenomenon occurs, as well as to dig the meaning contained in it from the point of view of the subject being studied. Data collection is done with interviews, observations, and documentation techniques. The results of the study show that the officers of the Kantor Lurah Sei Putih Tengah have performed their basic duties and functions fairly well. It's seen from the division of work that's not just accumulated in one of the officers. Lurah as head of office and secretary lurah as chief of office has done his job while monitoring and overseeing his employees. In terms of timing, it appears that the Lurah Sei White Office has already tried to complete the letter on time but there are still frequent delays because Lurah is often not in the office and can not sign the letter. In the case of typing also Lurah Sei White Central Office still frequently occur typing errors caused by the number of files that come in with the same deadline so that the lack of concentration resulted in typing mistakes to writing errors on the file. Kantor Lurah Sei Putih Tengah has performed its administrative tasks quite well but not to the maximum.  

Imelda Kusuma Sari; Rusmilawati Windari

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

Narcotics crime in the military environment is a serious offense that not only violates general criminal law, but also violates the code of ethics and discipline of Indonesian National Army (TNI) soldiers. This study aims to analyze the basis of the judge's consideration in imposing additional punishment of dismissal against TNI soldiers who commit narcotics crimes. The research method used is normative legal research using a statutory approach and a conceptual approach where cases that have permanent legal force (inkracht van gewijsde) are studied by the author from the judge's consideration to the verdict. The results of this study indicate that the rationality of the judge's consideration in imposing additional punishment of dismissal is based on several fundamental aspects: (1) The impact of actions on military institutions (2) Factors of violation of the code of ethics and discipline of TNI soldiers (3) Consideration of professionalism and integrity of TNI soldiers.

Noh Chang Dong; Ramlani Lina Sinaulan; Joko Sriwidodo

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

Analyzing the implications of business law on business ethics practices in Indonesia using library research methods. Data was collected from various literature sources relevant to the research topic. The results show that business law has an important role in shaping business ethics in Indonesia. Business law regulates the rights and obligations that arise from agreements and agreements in business practices. Factors underlying business law such as developments in national development, business ethics, internal and external factors and legal awareness influence the implementation of business law in ethical and responsible business practices. Solutions that can be provided to improve the implementation of business law and ethical business practices in Indonesia are by strengthening regulations, effective law enforcement, education, government collaboration with business, accountability, and the formation of an independent supervisory body. In improving the implementation of business law, it is hoped that it can create a fair, transparent and integrity business environment and make a positive contribution to economic development and social welfare in Indonesia.

Ade Onny Siagian; Ramlani Lina Sinaulan; Joko Sriwidodo

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

In a company, it will always be connected to third parties and want to protect the company that is run honestly ("te goeder trouw"), so the legality of a company is important in business activities. The legality of a company or business entity is the most important element, because legality is the identity that legalizes or validates a business entity so that it is recognized by the public. The legality of the company must be valid according to laws and regulations, where the company is protected or covered by various documents until it is legal in the eyes of the law. Forms of Company Legality There are several types of identities that legalize a business entity, including: company name, company brand, and trade business license. While the benefits of company legality are as a means of legal protection, a means of promotion, proof of compliance with the law, making it easier to get a project and facilitating business development. The large number of companies that are established without legalizing the company is very detrimental to other companies that run their business activities honestly.

Cinantya Dwestyola; Nada Amira

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

Notaries can join together and run a civil partnership together with other fellow Notaries. However, it is explained in the UUJN, the notary civil partnership is not completely the same as the civil partnership contained in the Civil Code. The purpose of this study is to analyze the responsibility of Notaries in carrying out Notary civil partnerships and the impacts caused by the existence of Notary civil partnerships. This research is processed with a normative juridical approach method, namely by looking at law as a set of regulations/rules or doctrines that have a normative nature (law in book). As a result of the problem, each Notary remains individually responsible for what is done and the legal products made as well as the confidentiality of the contents of the deed become the individual responsibility of the Notary and there are positive and negative impacts of the existence of a Notary civil partnership becoming a common concern for Notaries to become members of the Notary civil partnership.

Burhanuddin Burhanuddin; Wahyuniar Wahyuniar; Maskawati Maskawati

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

This paper examines the effectiveness of law enforcement in society from the perspective of legal sociology. The goal is to explain the extent to which law enforcement can be effective in society. To obtain data from the problem, the author uses the library research method to collect information relevant to the topic or problem to be studied. The type of data used in this study is secondary data obtained from library materials or literature that have a relationship with the object being studied. The results of the study show that the effectiveness of law enforcement has not been maximized. This is marked by the fact that it is not easy for the law to be enforced in cases involving elites or officials. The law should apply to all circles, not recognizing social stratification in its enforcement, but the reality that occurs is inversely proportional to the principle of law, the law is used as a tool for those who have interests. Therefore, the sociology of law is present to examine the impact of the enactment of a law in society, so that social phenomena can arise and develop in society. The sociology of law and the effectiveness of law are very closely related, because what will be discussed in the sociology of law will not be separated from the assessment of how far the effectiveness of law exists in society as part of social phenomena.

Felen Felen

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

In line with the concept of a welfare state, Indonesia, as a country, is obligated to implement and ensure the welfare of its citizens, including in the national healthcare sector. To ensure the inclusivity of national health coverage, the government, through the BPJS Kesehatan agency, has established the National Health Insurance (JKN) program, which is mandatory for all citizens, as stipulated in Indonesian legislation. However, the effort to achieve inclusivity may become biased if there is no clear regulation regarding the rights of participants and the obligations of healthcare providers, who play a crucial role in this process. Under Indonesian positive law, the rights of JKN participants are thoroughly regulated, as are the obligations of healthcare providers. However, based on observed phenomena, there are still violations of these obligations by healthcare providers, leading to the neglect of participants' rights. This research aims to raise awareness among stakeholders and provide a foundation for future research. The type of research used in this paper is normative legal research, which focuses on the analysis of legal norms.

Adiatma Nugroho; Handar Subhandi Bakhtiar

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

Scientific evidence has become an important element in modern criminal justice, especially in complex cases such as Raden Adante, where alibis are used as the main defense strategy to undermine forensic evidence. In this case, scientific methods such as DNA analysis, digital traces, and toxicology examination succeeded in breaking the defendant's alibi. This research examines how scientific evidence can overcome the challenges of alibi strategies which are often used to confuse the investigative process. This study shows that accurate and standardized forensic evidence is able to objectively confirm the presence of the defendant at the scene of the crime, thereby strengthening fair and effective law enforcement efforts. The research uses a juridical-normative approach with qualitative analysis, examining regulations, legal doctrine, and expert views to assess the role of scientific evidence in dealing with alibi defenses.

Isti Puspitasari

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

The purpose of this research is to examine and analyze the validity of scientific crime investigation as evidence in the process of proving murder cases and what are the advantages and disadvantages of using the scientific crime investigation method in crime scene processing carried out by forensic laboratories. Then the method used in this research is the normative legal research method. The results of the study show that the scientific crime investigation method, which is expressed in concrete form through forensic laboratory examinations and information from police forensic experts, is the central point. In connecting the relationship between the perpetrator, victim and evidence with the crime scene, the construction of evidence for a criminal act becomes stronger and can give confidence to the judge in deciding a case fairly and in accordance with the actual facts. In the case of the crime of murder with poison, the statements of the witnesses and the statements of the two defendants were linked and interconnected with each other after the scientific crime investigation method was applied; The advantages and disadvantages of using scientific crime investigation methods in crime scene processing carried out by forensic laboratories include. The advantages and disadvantages of using scientific crime investigation methods in crime scene processing carried out by forensic laboratories include: (1). The advantage of implementing scientific crime investigation is that uncovering cases using old methods full of violence, intervention, etc. has been abandoned. (2) Fast, precise and accurate inspection supported by special tools that have been internationally standardized, (3) Minimizing errors made before SCI implementation (manual patterns replaced with digital patterns). Meanwhile, the weaknesses are: Internal side of the SatKer (Work Unit): the number of human resources who supervise and understand the use of Special Tools (Alsus) is limited, the special equipment, both primary and secondary, is expensive. If we look at the human resources that this country has, it should be enough to assist the Forensic Laboratory team in supervision and are people who understand the special tools that support the performance of the Forensic Laboratory. Apart from that, the government should be more respectful of the procurement of these special tools, even though not everyone has to always use these special tools. However, these tools are very useful for the smooth running of investigations and/or investigations. Because the resulting examination data is much more detailed and accurate.

Riyanto Riyanto; Handar Subhandi Bakhtiar

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

The rapid development of technology has facilitated daily human activities, one of which is the existence of digital financial systems for transactions and investments, with Bitcoin being one of the products of digital currency. The purpose of this research is to carefully examine and analyze the role of digital forensics in efforts to trace the proceeds of corruption crimes that have been converted into Bitcoin. The legal research method used is a normative juridical approach, conducting research on library materials and utilizing the Statute Approach and Case Approach. The results of the research conclude that digital forensics is an important process in legal investigations involving the identification, collection, analysis, and preservation of digital evidence from electronic devices.

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.

Rayhan Amelia Putri; Rizky Fauzi

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

Investment encouragement is needed in the tourism sector involving participation from the community, businesses, as well as local and central governments. This collaboration is crucial to ensure a shared commitment to developing the tourism potential with sustainable growth and positive impact. The "Jakarta 101" advertising campaign has produced a video showcasing three unique local tourist destinations in Jakarta, each with its own distinct characteristics, hidden gems, and profound meanings. One of them is a coffee shop that employs individuals with disabilities, adding a unique dimension to its significance. Additionally, Jakarta boasts an educational museum with knowledgeable guides explaining its historical artifacts, along with other educational spots focused on environmental care and recycling, previously plagued by high crime rates. In this advertising campaign, a copywriter is responsible for the pre-production stages, including scriptwriting and formulating interview questions for the speakers. The copywriter plays a pivotal role in designing the advertising communication concept, maintaining brand consistency, and supporting the brand experience in various scenarios. The role of a copywriter increasingly demands digital and technological skills due to the evolving times. This research aims to enhance the skills of copywriters in creating the "Jakarta 101" advertising campaign and provide fresh insights into the role of copywriters in content creation. Copywriting in advertising holds a crucial role, serving as a bridge between potential consumers and the purchasing decision.

Yasmirah Mandasari Saragih; Rahul Ardian Fikri; Nabilah Syaharani

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

Corruption is a serious crime that has a wide impact on economic stability, public trust, and governance. Impoverishment punishment, as a form of alternative sanction, aims to provide a deterrent effect for perpetrators of corruption by confiscating assets obtained illegally. This study analyzes the effectiveness of the implementation of impoverishment punishment in the context of the legal system in Indonesia. The approach used is a normative and empirical study by evaluating existing regulations, case studies of the implementation of impoverishment punishment, and its impact on perpetrators and prevention of corruption in the future. The results of the study show that although impoverishment punishment has the potential to be an effective instrument, its implementation faces various challenges, including weak law enforcement, political resistance, and regulatory limitations. Therefore, legal reform and institutional strengthening are needed to ensure that this punishment can be implemented optimally in efforts to eradicate corruption.

Ismidar Ismidar; Tamaulina Br. Sembiring; Saphta Nugraha Isa

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

The formation of laws and updates to legal materials must be aimed at realizing social equilibrium , namely an orderly, just and prosperous life. The pattern of communication or dialogue and dialectics that occur in the process of forming legislation will affect the character of the law, the more transparent and participatory the more responsive the law will be. This research method uses normative juridical. The legal policy of legislation should include three things: (i) guarantee justice in society ; (ii) create a peaceful life (create alive placidity ) by maintaining legal certainty; and (iii) realize usefulness (realize use ) by handling real interests in common life in a concrete manner. The application of the principle of justice is based on "legal enforceability" and "equality before the law". The principle of legal certainty is achieved through: (i) clear and firm norming regarding obligations and prohibitions; (ii) legal transparency that prevents society from normative confusion; and (iii) continuity of legal order that provides a reference for future behavior. The principle of utility is based on the ability of law as a social instrument to integrate the aggregation of social interests so that they do not clash with each other, and instead order occurs.

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; 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.

Muhammad Atha’ Iqbal; Ratna Yuniarti

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

This study aims to see the application of web-based administrative system innovation in maximizing administrative services. Using a qualitative approach, data was collected through interviews and literature study methods. The results of the study indicate that web-based administrative system innovation results in effective and efficient resource management, good data processing and information access, and transparency in administrative management. The findings outlined in this article have an important impact on the development and improvement of education in Islamic boarding schools.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; M Aufa Mujtaba; Nur Azizah Choirun Nisa; Nanda Ambika Fatikasari

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

Poverty among foreign nationals is an increasingly pressing global issue that is often overlooked in public policy. This study examines government policies designed to address poverty among migrants and refugees and their impact on their economic well-being. The main focus of the study is to highlight the effectiveness of different policy approaches that have been implemented in different countries and identify best practices that can be adapted to different national contexts. Through an analysis of existing policies in several countries, including Germany and Canada, and relevant case studies, the study finds that approaches based on social and economic integration, employment, and direct assistance can play a significant role in reducing poverty among foreign nationals. The results show that policies that involve collaboration between governments, non-governmental organizations, and local communities are often more effective in achieving the desired outcomes. This study aims to provide evidence-based recommendations for future development policies that are more inclusive and effective. In doing so, it is hoped that this study will contribute to improving the economic well-being of foreign nationals and assist governments in designing policies that are more responsive to the needs of this group.