SciRepID - Scientific Publication Search

Publication Search

50,562 articles from 425 journals · 1,447 citations tracked

Showing 1-20 of 400

Analytics

Rizal Hamdani; Prasetijo Rijadi

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The issue of accusations of obstructing or obstructing the legal process carried out by the Advocate in his capacity to defend the client is problematic. The aim of this study is to describe the right to immunity possessed by advocates in the aspect of law enforcement. As well as aiming to find out the criminal liability of Advocates for Obstruction of Justice carried out during the legal process. This writing uses the normative law research method, which is a method or method used in one of the legal research conducted by reviewing the literature and aimed at written regulations. This study show that the right to immunity applies as long as there is good faith that can be held accountable by the Advocate both outside and in the trial in order to protect the legal interests of his client. Meanwhile, in the criminal aspect against Advocates who are proven to have committed obstruction of justice and injured good faith by committing acts that are against the Law to obstruct the law enforcement process.

Rachmatul Istiqomah; Imam Suroso

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Fiduciary collateral as a type of collateral gives the rights of executorial to creditors to do parate execution on the object of fiduciary collateral when a debtor defaults. In practice, however, collateral misuses this right illegally. This becomes the basics for Judicial Review agains Article 15, paraghraphs 2 and 3 of Law No. 42/1999, and the Constitutional Court issued the Ruling No. 18/PUU-XVII/2019. Therefore in this thesis the formulation of the problem raised is first, when a debtor is considered to have committed an act of default, and secondly, it delves into the creditor's execution procedure and the ratio decidendi related to Constitutional Court Decision No. 18/PUU-XVII/2019. The research use descriptive juridicial normative method. The data were gathered by conducting library research. The result of the analysis shows that Ruling does not impede the right of executing by creditors so that it is in accordance with the executorial right in fiduciary collateral. So, there are two possible ways for a debtor to be declared in default: firstly, the agreement of default is stipulated during the main agreement and the initial fiduciary collateral agreement. Secondly, the default is determined by the district court in order to execute the fiduciary collateral object.

Moh. Nuruddin; M. Sholehuddin

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The settlement of carok as part of Madurese society is very important to analyze. This study aims to determine the social impact on the families of carok perpetrators in the perspective of criminology. The second objective is to determine the role of community leaders and the police in minimizing threats and taking preventive action against the families of carok perpetrators in Madura. The research method used in this research is the type of empirical legal research. The results showed that: First, from a criminological perspective, carok can be categorized as a crime. Carok in this case can be subject to articles of the Criminal Code related to crimes against the body and crimes against life. According to labeling theory, families of carok perpetrators are usually labeled by the community as families of criminals who are usually dubbed as “Kaloarga Tokang Carok”. Second, Kiai in carok cases plays a role in reconciliation and mediation efforts between the families of carok perpetrators and the families of carok victims to minimize threats to the families of carok perpetrators. The Sampang Police, among others, conducted counseling with the perpetrator's family and collaborated with community leaders.

Edwin Setiawan; Hartiwiningsih Hartiwiningsih

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of information technology has brought significant changes, particularly in the area of cybercrime, such as electronic document forgery. This research explores the role of digital forensics and information technology in proving electronic document forgery crimes in Indonesia, using a normative legal research approach. The study employs both a statute approach and a conceptual approach to analyze the effectiveness of digital forensics in uncovering electronic crimes. The findings show that while digital forensics plays a crucial role in investigating electronic document forgery, there are several complex challenges in its implementation. One of the major obstacles is the limited number of certified digital forensic experts in Indonesia, with only 147 professionals qualified in this field. Additionally, the existing legal regulations have not kept pace with the rapid advancements in digital technology, which poses significant challenges to enforcement efforts. The study identifies various technical barriers, such as the complexity of forensic technologies, the volatile nature of digital evidence, and the ever-evolving techniques used by cybercriminals. These factors complicate the process of proving electronic crimes and pose difficulties for investigators. In response to these challenges, the research recommends strategic measures such as strengthening the capacity of forensic laboratories, harmonizing legal regulations with technological advancements, and improving the competency of human resources in both technological and legal fields. The study contributes to the development of a conceptual framework for cyber law enforcement, providing a comprehensive perspective on the challenges faced in proving electronic crimes in the digital age. The research aims to inform policymakers in crafting more effective and adaptive law enforcement strategies.

Vivilia Agnata Mudi

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

Mortgage rights are one of the most common legal forms of collateral used in financing transactions in Indonesia. Parate execution is one of the important innovations in the mortgage rights system. This mechanism allows creditors to sell collateral objects directly without going through court proceedings. This research aims to analyze the legal regulations regarding the execution parate for collateral rights objects in positive law in Indonesia, the effectiveness of the implementation of the execution parate for collateral rights objects in legal practice in Indonesia. The research method uses normative research methods and secondary data. The legal arrangements for execution parate in positive law in Indonesia have been well designed to meet practical needs in debt settlement. The execution parate is one of the important mechanisms in the guarantee legal system in Indonesia, especially in the context of mortgage rights.  However, its implementation still faces challenges, especially in terms of protecting debtor rights and potential abuse by creditors.

Muslem Muslem

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

This study examines the impact of Sri Mulyani’s inclusive leadership on human resource development (HRD) in the Indonesian Ministry of Finance, with a focus on gender equality policies and employee capacity-building programs. Using a literature review method, this research analyzes relevant studies on inclusive leadership and its application in the public sector. The findings indicate that Sri Mulyani’s inclusive leadership, which emphasizes openness, accessibility, and equality, has successfully increased women's participation in leadership positions and fostered a more collaborative work environment. The gender equality policies implemented have not only increased the number of women in strategic positions but also strengthened overall organizational performance. Additionally, capacity-building programsdesigned to enhance technical and managerial skills have proven effective in improving productivity and innovationwithin the Ministry of Finance. This study concludes that Sri Mulyani’s inclusive leadership can serve as a model for other public sector organizations, both in Indonesia and internationally, to promote gender equality and enhance organizational performance through inclusive HR development.

Nadia Khairunnisa; Siti Hairunisa; Ana Tiara Yuliandari; Nor Putri Prasiska; Astiara Astiara

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

This study discusses the Function of the Central Kalimantan DPRD Secretariat in the realization of good governance. In the context of regional autonomy, this article explains the role of local governments in improving community welfare through effective public services. Local governments are given the authority to regulate government affairs to achieve community welfare through improved services and public participation. Based on Law No. 32 of 2004 and Law No. 23 of 2014, the role between the local government and the DPRD is explained, where the regional head is responsible for the implementation of the government and the DPRD carries out the functions of legislation, supervision, and budget. Public service is an important aspect of the government bureaucracy, which reflects a commitment to bureaucratic reform. This research also explores the concept of good local governance which is increasingly becoming a demand of the community, as well as the role of the government, the private sector, and the community in realizing it. Special focus is given to the Secretariat of the Central Kalimantan Provincial Parliament in optimizing its functions to support the implementation of good governance. The method used is empirical juridical, which combines legal aspects with direct observation in the field. The results of the study show that the Secretariat of the Central Kalimantan Provincial Parliament has an important role in realizing the principles of good governance, including transparency, accountability, and public participation. Thus, good government management can improve the quality of life of the community in general.  

Anes Sefta Asmita

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

Restorative Justice is an alternative dispute resolution outside of criminal penalties, in other words, it is resolved through familial means and also aims to repair the relationship between the perpetrator and the victim. Recently, the application of restorative justice has been found in the field, which has become the main basis for resolving criminal cases of rape committed by police officers by filing an appeal in the appellate court, so that the police officer who is the perpetrator of the rape, named Bripda Fauzan (FA), who was previously subjected to the sanction of dishonorable dismissal (PTDH) in the Police Ethics Code Commission session, was not dismissed on the grounds that the rape case was considered resolved after the perpetrator married the victim. However, some time after the appeal decision, the perpetrator was reported again for allegedly neglecting his wife, who is the victim of the rape he married, which will be further examined in this research regarding the cause of Bripda Fauzan (FA) leaving his wife. This study aims to provide a real view of the application of restorative justice as the main basis for resolving rape cases, the method used in this journal is a normative juridical research method with literature studies and looking at empirical facts in the field through news circulating on the Internet media regarding rape cases by police members who are considered to have been completed after marrying the victim. The settlement of rape cases carried out by police members with restorative justice has tarnished the credibility of police institutions that do not seem to understand the fatality of sexual violence cases with the application of restorative justice in cases that have a major impact.

Dandy Saputro; Rosita Candrakirana

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The practice of dentists in Indonesia is an important concern in the health care system, especially regarding consumer protection. Dentists often provide services that exceed the limits of their authority, potentially endangering public health. This article aims to analyze the urgency of legal protection for consumers of health services in dental practices based on a normative perspective and the implementation of applicable regulations. This research uses normative juridical methods with statutory, conceptual and case approaches. The research results show that even though there are regulations such as Law no. 8 of 1999 concerning Consumer Protection and Minister of Health Regulation no. 39 of 2014, implementation is still less effective. This is caused by weak supervision, minimal public knowledge regarding consumer rights, and non-compliance by some dentists with regulations. Therefore, it is necessary to strengthen regulations, increase supervision by the government, and educate the public to realize optimal legal protection for consumers of health services.

Miguel Torres; Sofia Beatriz Mendoza

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

The rise of mass surveillance technologies has raised significant concerns regarding digital privacy and human rights. This paper explores the legal implications of government surveillance programs and their impact on fundamental rights, such as freedom of expression and the right to privacy. Through a comparative analysis of data protection laws in different jurisdictions, this study assesses the balance between national security and individual rights in the digital age.

Arjun Verma; Vikram Singh Rathore

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

International law plays a crucial role in addressing human rights violations during armed conflicts. This study examines the effectiveness of international legal frameworks, including the Geneva Conventions and the Rome Statute, in protecting civilians and prosecuting war crimes. By analyzing recent case studies from conflict zones, this research highlights the challenges of enforcing international law and suggests strategies for improving compliance among state and non-state actors.

Lalu Guna Nugraha; Supanto Supanto; Erna Dyah Kusumawati

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

This research aims to analyze the implementation of legal protection for citizenship rights of former transnational terrorist Indonesian citizens within Indonesia's legal system. Using normative juridical method with statutory and conceptual approaches, this study examines secondary data from primary, secondary, and tertiary legal materials. The results show that Indonesia's legal system has an adequate legal framework to protect the citizenship rights of former transnational terrorists, although its implementation faces various challenges. The deradicalization program and status verification mechanism implemented by the government have not been fully effective due to inter-institutional coordination constraints and community resistance. Additionally, the study identifies that citizenship status cannot be automatically revoked without proper legal process according to Law No. 12 of 2006 on Citizenship, as terrorist groups cannot be categorized as "foreign military" as specified in the law. This research contributes significantly to the development of returnee handling policies by balancing aspects of national security and human rights protection.

Mappasessu Mappasessu

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

This research explores the role of digital technology and artificial intelligence (AI) in transforming Islamic family law practices, with a focus on efficiency, accessibility, and justice. This study aims to analyze how technology supports administrative processes, legal decision-making, and public literacy toward Islamic law. The method used is a multidisciplinary approach that integrates the perspectives of sharia law, technology, and ethics. The results show that digital technology improves efficiency through document digitization, online registration, and virtual hearings, while AI makes a significant contribution through big data analysis to understand family dispute patterns and offer algorithm-based recommendations. However, there are challenges related to algorithm bias, data security, and compliance with sharia values. The study emphasizes the importance of collaboration between scholars, technology experts, and legal practitioners to ensure the adoption of technology that is aligned with maqashid al-shariah, in order to create an adaptive and inclusive Islamic family legal system in the digital era.

Muh. Syah Quddus; Arika Dwi Astuti

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

The use of Generative Artificial Intelligence (GenAI) in higher education in Indonesia offers great opportunities, but faces significant challenges related to copyright. The technology is capable of generating new content that supports more adaptive learning, but raises questions regarding the ownership of intellectual works, especially in the context of “fair use” and copyright protection. This research aims to examine the legal challenges in the integration of GenAI in Indonesian higher education learning as well as opportunities for its development. The method used is juridical-normative research, by analyzing secondary data from relevant regulations, books, and journals. The results show that the lack of clarity in copyright regulations in Indonesia can hinder the optimal utilization of GenAI. Nevertheless, this technology offers significant potential to improve the personalization of learning and the quality of higher education in Indonesia, provided that comprehensive and specific regulations are developed soon.

Satriya Nugraha; Rengga Kusuma Putra; Aziz Widhi Nugroho; Retno Eko Mardani; Rosmawiah Rosmawiah

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

The spread of hoaxes through voice manipulation technology, such as voice changers, has become a significant issue in Indonesia in recent years. This technology allows perpetrators to manipulate someone's voice, which is then used to spread false information that can damage an individual's reputation, influence public opinion, and create social unrest. This study aims to analyze the legal aspects related to the misuse of voice changers in the spread of hoaxes, identify the challenges faced in law enforcement, and provide policy recommendations to improve legal protection for hoax victims. The methodology used in this research is normative legal research, with a normative approach focusing on the analysis of the Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP), as well as other relevant regulations. The results show that although Indonesia has a sufficient legal framework to address hoax cases involving voice changers, law enforcement still faces challenges in terms of identifying perpetrators, proving voice manipulation, and the lack of more specific regulations. Additionally, victims have the right to legal protection, including compensation and clarification of false information. This study recommends enhancing the capacity of law enforcement, strengthening regulations, and improving digital literacy among the public to address the challenges posed by this technology.

Suyanto R. Sumarta; Azis Budianto

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

This research aims to explore and reconstruct the legal protection policy for justice collaborators in corruption crimes in Indonesia. Although their existence is vital in combating corruption, many perpetrators are reluctant to come forward due to uncertainty in protection and the potential risks they face. Weaknesses in the existing policies, including a lack of transparency and adequate security guarantees, hinder perpetrators from collaborating with law enforcement. Therefore, this research identifies various challenges faced by justice collaborators and highlights the importance of comprehensive legal protection reform. This study offers recommendations for appropriate and effective legal protection efforts for justice collaborators in handling corruption cases. By analyzing protection practices in other countries and applying restorative justice principles, this research aims to provide solutions that not only protect justice collaborators but also enhance public trust in the justice system. It is hoped that the results of this research can contribute to formulating more effective and responsive policies to meet the protection needs of justice collaborators in Indonesia, encouraging more perpetrators to bravely come forward in the fight against corruption.

Ubaidilah Ishaq; Riswadi Riswadi

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

This research examines the issue of contract marriages in Indonesia, focusing on the legal gaps that result in uncertainty and negative impacts on women and children. Despite the increasing prevalence of contract marriages, there is no clear regulation in the Marriage Law or criminal law governing this practice, placing individuals involved in vulnerable positions, especially women who are often victims of exploitation and violence. Through an analysis of existing regulations and their impact on social structures, this study highlights the need for legal reform, including the revision of Law No. 1 of 1974 on Marriage and the formulation of specific legislation to prohibit contract marriages. This research also recommends strengthening the oversight system, law enforcement, and providing protection services for women and children to create a safer and more equitable environment.  

Andin Wisnu Sudibyo; Ade Saptomo

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

This study discusses the legal vacuum that occurs in the pre-prosecution process, especially related to the absence of time limits and frequency of return of examination report files (BAP) between investigators and public prosecutors. This vacuum has the potential to hinder the principle of fast, simple, and low-cost justice that should be applied in the Indonesian criminal justice system. This study proposes solutions in the form of setting clear time limits, improving coordination between investigators and public prosecutors, and providing training to improve human resource capacity. In addition, the application of sanctions for parties who violate the provisions of pre-prosecution is an important step to ensure the smooth running of the judicial process. This study is expected to contribute to increasing the efficiency of the criminal justice system in Indonesia.    

Fadia Pramesti; Dini Gandini Purbaningrum

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

Sustainable Food Yard (P2L) is one of the priority programs in maintaining community food security. However, in the implementation of the program there are still problems, including the late delivery of assistance which has an impact on the delay in the implementation of activities so that the P2L program does not run in accordance with the technical instructions that have been issued each year, and assistance that is less than optimal. The purpose of this study was to determine and analyze the effectiveness of the program to increase diversification and community food security through sustainable food yard activities (P2L) in farm women's groups in South Tangerang City. The method in this research is a qualitative approach with descriptive method. Data collection techniques used three ways, observation, interviews, and documentation studies. Then the collected data were analyzed using data reduction, data presentation, and conclusion drawing techniques. The results showed that the achievement of the program has not yet shown the expected effectiveness due to the delay in disbursement of funds which has an impact on the delay in the implementation of activities and has not yet achieved the program objectives in fulfilling food and nutrition sources, especially for stunting so that it has not been able to contribute to helping Posyandu in providing animal protein in the stunting locus determined by the Mayor of South Tangerang. The integration indicator is not yet fully effective because there are still farm women groups that have not received intensive assistance from the program assistants. In addition, the implementation of P2L procedures applied in South Tangerang City has not been maximized because the concept of seedling houses is not suitable for the hot conditions in South Tangerang City. The adaptation indicator has not run optimally because the use of facilities and infrastructure for P2L activities is still limited to conventional agricultural tools.  

Sela Rahmadana Sari; Nuri Hidayati

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

Marriage at an early age is a phenomenon that still occurs in various parts of the world, including Indonesia. This research aims to analyze the factors that cause marriage at an early age and its juridical implications based on applicable laws and regulations. The research method used is a qualitative approach with normative juridical analysis, which involves literature study and interviews with various parties, including community leaders, parents and teenagers. The research results show that the factors causing marriage at an early age include social pressure, cultural norms, poverty and lack of education. In addition, although Law no. 16 of 2019 has set a minimum age limit for marriage, implementation of the law still faces various challenges, such as community non-compliance and lack of socialization regarding these regulations. This research recommends the need to increase public education and awareness about the negative impacts of marriage at an early age as well as strengthening the role of child protection institutions in preventing this practice. In this way, it is hoped that a safer and more supportive environment for children's development can be created.