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54,413 articles from 425 journals · 1,456 citations tracked

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Analytics

Dewi Andhani; Winston Karunna; Emi Rachmawati; Amri Yusri; Pandji Santosa

The objective this study is to analyze the implementation of Bandung Barat Regency Regional Regulation No. 5 of 2018 about the Placement and Protection of Indonesian Migrant Workers (PMI) originating from Bandung Barat Regency referring to the Hill and Hupe's theory of Policy Implementation. This matters all the more since the migrant worker-related cases that garner the highest volume if not interest–like illegal, clandestine worker departures, back wages, and exploitation–reflect the lack of protection systems, the unmet obligation towards the respect of individual rights and human dignity. This qualitative case study reveals key factors influencing policy implementation — low levels of socialization and knowledge about the regulation among migrant workers, absence of inter-agency coordination and poor resources for monitoring and enforcement In addition, it builds upon the variables presented by Hill and Hupe in order to present a more integrated analysis of the implementation process of the policy. These results highlight failures in the system, including the lack of inter- agency cross country collaboration and low resource allocation toward the functions that protect PMI. In light of this, the study makes a range of recommendations including for better policy socialization, improved inter-agency coordination and enforcement, and strengthening resourcing and legal compliance capabilities. Practical implications This study advances the theory of public administration and provides practical insights for policymakers, particularly for strengthening the protection of Indonesian migrant workers in an effective manner.

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.

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.

Yulius Efendi; Teguh Wicaksono

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Competition between business actors can occur unfairly by colluding between business actors or with other parties, thus harming consumers and even state finances. With the occurrence of tender collusion, there is a conspiracy, lying behavior or an unlawful act by violating a government procurement mechanism, so that it has an impact on the government procurement contract made between business actors and the tender committee related to the validity and legal consequences of the implementation of the government procurement contract. In the provisions of the procurement of goods and services, if the parties commit a tender collusion, administrative sanctions will be imposed on the parties if proven, through civil dispute resolution. This means that the government procurement contract and services remain valid and binding on the parties, and cannot be terminated unilaterally by the organizing committee. This study uses a legal document approach. In various cases of tender collusion in the procurement of goods and services, the parties involved are processed criminally by law enforcement, but the procurement contracts for goods and services that have been made previously remain valid and are continued until completion, so it is necessary to conduct a legal analysis related to the status of the validity of the contract in tender collusion.

Suleman, Fahmi; Moonti, Roy Marthen; Ahmad, Ibrahim

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

General Election (Pemilu) is a fundamental pillar of democracy that often faces various challenges, including legal violations that undermine its integrity. To overcome this, the Integrated Law Enforcement Center (Gakkumdu) was formed as a collaboration between Bawaslu, the Police, and the Attorney General's Office to accelerate the handling of election violations. However, the strict handling time limit of 14 working days is a major challenge in achieving fair and effective decisions. This study aims to evaluate the effectiveness of the handling time of election violations by Gakkumdu and identify the inhibiting factors. Using a descriptive-analytical qualitative method, this study found that the main obstacles include inter-agency coordination, sectoral ego, limited human resources, and lack of supporting technology. In addition, differences in legal interpretation and low public legal awareness also slowed down the enforcement process. In conclusion, the effectiveness of Gakkumdu handling time is not optimal and requires policy reform. Recommendations include simplifying procedures, cross-agency training, utilizing technology, and educating the public. These reforms are expected to improve election integrity and support a fairer democracy.

Yolla Veronica Sembiring; Yasmirah Mandasari Saragih; T. Riza Zarzani

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

Extortion by illegal parking attendants is very troubling to the community, especially motorists, and law enforcement should be carried out. Based on the description above, the author is interested in making the problem a research entitled Restorative Justice as an Approach in Law Enforcement Against Perpetrators of Extortion Crimes. This journal aims to describe and analyze the factors that cause the crime of extortion and the role of restorative justice as a method of law enforcement against the perpetrators of the crime of extortion. The research method used in this study is empirical juridical research. There are several factors that cause the occurrence of extortion crimes, namely economic, environmental, educational, lack of supervision and law enforcement and lack of legal awareness in the community. The Medan Sunggal Police enforce the law through alternative or restorative justice. Restorative justice is the settlement of criminal cases by involving the perpetrator, the victim, the perpetrator/victim's family, and other related parties to jointly seek a fair settlement by emphasizing restoration to the original state, and not retaliation.

Muslih Muslih; Akbarizan Akbarizan; Akmal Abdul Munir; Akel Fernando; Andi Marwan

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

Divorce is a global phenomenon with significant implications for children's rights. This study aims to conduct a comparative analysis of the fulfillment of children's rights after divorce in five countries with different legal systems: Qatar, Egypt, Indonesia, Malaysia, and Jordan. The research employs a normative juridical method with a comparative legal research approach through literature review and legal document analysis. The findings reveal that each country has a unique mechanism for ensuring children's rights after divorce. Diverse legal systems—ranging from common law, civil law, to Islamic law—lead to variations in approaches to ensuring custody, care, and protection for children. The study identifies four critical dimensions in fulfilling children's rights: the right to survival and development, the right to protection, the right to education, and the right to participation. The comparative analysis highlights that cultural factors, legal systems, and political commitment play a fundamental role in determining the effectiveness of child rights protection after divorce. Key recommendations of this study include the need for regulatory harmonization, strengthening enforcement mechanisms, and developing sustainable monitoring systems. This research provides theoretical and practical contributions to understanding the complexity of fulfilling children's rights across global legal systems.

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.

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

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

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.

I Putu Gede Arimbawa; I Nyoman Suarna; Wihelmus Jemarut; I Gusti Ayu Aditi; I Gusti Agung Andriani +1 more

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Children who have committed legal violations are inmates at the Class II Special Child Development Institution in Lombok Tengah. During the child rehabilitation process at LPKA Lombok Tengah, some children continue to violate the rules, making the conditions unfavorable. The purpose of this research is to ensure the legal basis for the imposition of sanctions and the enforcement of disciplinary sanctions, as well as the obstacles faced by LPKA Lombok Tengah. The method used in this writing is normative-empirical with a case, legislative, and sociological approach. The results of this study are as follows: First, the legal basis for imposing disciplinary punishment is outlined in the Decree of the Minister of Law and Human Rights Number M.HH-03.OT.02.02 of 2014 concerning guidelines for the treatment of children in LPKA. Second, the light disciplinary sanctions include verbal reprimands, moderate sanctions such as apologies and agreements between the staff and the inmates, and heavy disciplinary sanctions such as cleaning the bathroom and restricting visitation activities. The obstacles encountered include the factor of the inmates being difficult to discipline, the condition of the inmates being unwell when sanctions are to be imposed, and the factor of facilities and infrastructure.

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.  

Ciek Julyati Hisyam; Indah Permatasari; Tauliah Puji Lestari; Yola Medistya; Putra Nizar Pratama +2 more

RISOMA : Jurnal Riset Sosial Humaniora dan Pendidikan 2024 Asosiasi Ilmuwan Pendidikan, Sosial, dan Humaniora Indonesia

Online gambling has become a rapidly growing social issue supported by advancements in digital technology, particularly in Indonesia, with its large population of internet users. Despite being legally prohibited, its popularity continues to rise, creating challenges for law enforcement and significant socio-economic impacts. This study aims to analyze the social and economic dynamics of online gambling actors using a descriptive qualitative method. Data were collected through in-depth interviews and document analysis, then analyzed using thematic coding techniques. The findings reveal that actors, such as Koh Jimmy, learn deviant behaviors through exclusive online communities that provide operational techniques and moral justification. Economic motivation, social support, and gambling systems designed to induce addiction are key drivers of actor involvement. Although aware of legal risks, actors remain engaged due to community influence and substantial financial gains. This study underscores the relevance of differential association theory in explaining actor involvement in online gambling and provides recommendations for preventive policies through technological oversight, social education, and the strengthening of social norms. The results are expected to serve as a foundation for formulating more effective preventive and intervention measures.  

Jekson Kipli Lumban Toruan; Jinner Sidauruk

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of globalization today facilitates access to information circulating on social media, both positive and negative. This study examines the increasing cases of defamation in the digital age, focusing on legal protection aspects and rehabilitation efforts for victims. The purpose of this writing is to understand the role of the government and law enforcement authorities in addressing defamation offenses. Using a normative legal research method, it is concluded that: 1. To understand the forms of defamation offenses, 2. To determine the rights of victims of defamation. Protection and rehabilitation efforts for one's reputation are crucial in this era, considering the advancements in technology and the widespread occurrence of defamation.

Dwi Mika Elencia Sirait; Ojak Nainggolan

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Implementation of Law no. 35 of 2009 concerning Narcotics in Medan City is an important issue in the context of legal protection for children involved as narcotics dealers. This research aims to analyze how the narcotics law is applied in cases involving children, as well as things that are considered in the law enforcement process and how criminal proceedings are carried out in the juvenile criminal justice system. This research provides an in-depth understanding of the application of special regulations, namely Law no. 35 of 2009 concerning Narcotics, while still considering Law no. 11 of 2012 which regulates the Juvenile Criminal Justice System. This approach aims to ensure legal protection for children involved in narcotics crimes, so that the law can be applied fairly and protect children's rights. This research utilizes empirical juridical legal methods, where the main data is obtained through direct interviews with judges serving at the Special Class IA Medan District Court, thus enabling researchers to obtain relevant and in-depth perspectives regarding the application of this law in real practice in the judicial environment.

Siti Wahidah; Lia Husnul Hatimah; Tamara Maya Devitri; Ahmad Fajri; Aris Sunandar Suradilaga +1 more

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

This paper aims to provide knowledge about the role of the General Election Supervisory Body (Bawaslu) in handling administrative election violations. Bawaslu, as an independent institution, has the main task of supervising all stages of the general election and ensuring that its implementation runs in accordance with applicable legal provisions. Administrative election violations, which include actions that are not in accordance with administrative election regulations, are one of the main focuses of Bawaslu's supervision. Handling these administrative violations is very important to maintain the integrity of the election and public trust in the democratic process. Handling administrative election violations by Bawaslu, from the prevention stage to enforcement. In addition, various challenges faced by Bawaslu in carrying out its role are also described, such as limited human resources and supporting facilities, as well as the complexity of administrative violation cases. As a result, the role of Bawaslu in handling administrative election violations is very important in maintaining election participants' compliance with the rules, although there are still several obstacles that affect the effectiveness of the implementation of this supervision. Therefore, increasing capacity and cross-institutional cooperation is crucial to strengthening Bawaslu's supervisory function in the future.

Andi Kurniawan; Tardip Panggabean; Riana Wulandari Ananto

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Cases of serious maltreatment are one of the legal problems that have a serious impact on victims and society in general. The handling of such cases requires a careful review of the judge's decision to ensure justice and appropriate legal protection. This research aims to juridically analyze the judge's decision in a case of serious maltreatment, by taking a case study of Decision No. 568/Pid.B/2014/PN.Jak.Sel. The approach method used is normative juridical research method with data collection through literature study. The results of the analysis show that the judge's decision has considered various factors such as existing evidence, applicable law, and the principles of criminal law. However, there are several aspects that require further attention, such as consideration of the punishment imposed in proportion to the crime committed and consideration of rehabilitation of the perpetrator. Therefore, wisdom is needed in law enforcement as well as a deep understanding of the value of justice in court decisions.

Hotman Manullang; Yasmirah Mandasari Saragih; Fauzan Fauzan; Zakaria Tambunan; Christine Natalia Pangaribuan

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Enforcement of criminal law in animal protection in Indonesia is increasingly becoming an important concern in line with increasing public awareness regarding animal rights. Even though Indonesia has a number of laws and regulations that regulate the protection of animals, such as Law no. 18 of 2009 concerning Animal Husbandry and Animal Health, in reality violations of animal rights still often occur, both in the form of physical violence and animal exploitation. This research aims to examine the extent to which criminal law in Indonesia can provide effective protection for animals, as well as the obstacles faced in its implementation. The focus of this research includes analysis of existing legal regulations, including Law no. 41 of 2014 concerning Forestry, as well as an evaluation of the effectiveness of criminal law enforcement in tackling acts of violence against animals. The research method used is a qualitative approach with literature studies and legal analysis to dig deeper into how legal protection for animals is implemented in practice, as well as the obstacles faced by law enforcement officials. It is hoped that this research will provide insight into the importance of stricter and more effective law enforcement, as well as provide recommendations for improving animal protection through policy adjustments and increasing public awareness.

T. Ikhsan Ansyari Husny; Yasmirah Mandasari Saragih; Fauzan Fauzan; Muhammad Faiz Hadi; Ayanda Shiro Kamarullah

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

Corruption is an unlawful act to enrich or obtain one-sided benefits, corruption has rules that have specific characteristics, both regarding formal (procedural) and material (substance) criminal law, law enforcement of corruption in Indonesia depends on the Criminal Justice System itself, from investigation then prosecution, and examination in court and the implementation of the punishment. The formulation of the problem in this study is how the pattern of law enforcement against corruption in the perspective of criminal law in Indonesia, and how efforts and criticism of the eradication of corruption in Indonesia. This research method is descriptive and normative juridical approach, with legal materials as secondary data. relating to law enforcement against criminal acts of corruption in the Indonesian criminal justice system. the criminal justice system in Indonesia is not yet competent in handling criminal acts of corruption because instead of subsidizing, corruption cases in Indonesia are increasing. this is because the four criminal justice systems in Indonesia lack coordination and supervision, and the sanctions given are still considered not optimal so that they have not caused a deterrent effect on the perpetrators and the effect of public satisfaction.

Edo Kurniawan; Firganefi Firganefi; Dona Raisa Monica

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The development of technology and the internet has changed the way humans communicate. One form of this development is the presence of social media. Social media has now facilitated fast and easy interaction. The increasing number of users also increases the potential for criminal acts of misuse of personal data. Misuse of personal data, especially on social media, requires comprehensive mitigation. This study aims to analyze efforts to overcome victims of criminal acts of misuse of personal data on social media, both through penal and non-penal channels. With a normative legal and empirical legal research approach through a study of laws and regulations and legal literature as well as interviews. This study uses a qualitative method. The results of the study show that penal efforts include collecting evidence, identifying perpetrators, and imposing sanctions in accordance with the Personal Data Protection Law. Meanwhile, non-penal efforts are carried out through public education, the establishment of personal data protection institutions, and monitoring social media activities. The main inhibiting factors in this mitigation are the lack of implementing regulations, limited technical capabilities of law enforcement officers, and minimal public awareness of the importance of personal data. This study concludes that synergy between penal and non-penal efforts is needed to protect individual privacy rights in the digital era