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Hindriyani Hindriyani; Heriyanto Heriyanto

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

The crime of murder is a crime that can cause the death of a person, this is committed individually and violates the applicable provisions of the Criminal Code Book II Chapter XIX (articles 338-350). Basically, murder is carried out with an element of intent. Deliberation is a subjective element in a criminal act, because this element is inherent in the subject or perpetrator of the crime. This means wanting or knowing what will be done. Therefore, in murder there must be evidence in order to determine whether a person is guilty or not in committing the crime of murder by collecting legal evidence according to the applicable law. Furthermore, the method used in this case is a normative juridical approach, which is carried out through literature books, journals, articles, as well as statutory regulations related to the problem to be discussed. Legal considerations in imposing a sentence on the perpetrator of the crime of intentional murder, because the circumstances were aggravating and the defendant caused the victim to die and the defendant's actions disturbed the community. Thus, the punishment given by the state is solely to change the perpetrator to become better, and at the same time provide education to improve themselves.

Firnawati Firnawati; Ahmad Yunus

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

Circulating drugs without a distribution permit is a criminal act, where the drugs being distributed are not necessarily relevant to their composition and manufacture. This means that the safety, efficacy and benefits of drugs being traded are not guaranteed. Then the perpetrators of distributing drugs without a distribution permit will be punished and subject to criminal penalties. In this case Law no. 17 of 2023 concerning Health regulates criminal provisions for perpetrators of distributing drugs without a distribution permit with a prison sentence of 12 years and a fine of five billion rupiah, but the criminal sanctions imposed by the judge in decision case number 111/pid.B/2013/PN/ are reduced. Mtr does not provide a deterrent effect for perpetrators. The problems in this research are: first, what is the responsibility for perpetrators of criminal acts of distributing drugs without a distribution permit? Second, what are the judge's considerations in handing down a decision regarding the distribution of drugs without a distribution permit in case number 111/pid.B/2013/PN/Mtr?The results of this research are to show that the form of responsibility of the defendant is in accordance with the elements of responsibility, because the actions carried out by the defendant contained an element of intentional error and the judge sentenced the defendant to 10 months' imprisonment, which according to the author was not appropriate because the sentence This will not have a deterrent effect on the perpetrator.

Noviatul Hasanah

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

Fornication is all acts related to sexual life that violate decency (decency) including sexual intercourse outside of marriage. The Criminal Code classifies criminal acts of sexual abuse where the victim is a child. Children are the younger generation and potential human resources, therefore perpetrators of criminal acts of sexual abuse against children must be subject to appropriate punishment. The focus of the study in this research is to find out the side of justice in the decision of the panel of judges which is not in accordance with the actions of the defendant (Decision Study Number 07/Pid.Sus.A/2023/Pn Byw) case study of Banyuwangi Regency from the demands of the public prosecutor to the decision of the panel of judges what was imposed on the defendant was in accordance with the defendant's actions. From the results obtained in this research, the public prosecutor in his demands did not match the defendant's actions. The author feels that the panel of judges and public prosecutors in their decision gave criminal sanctions to the defendant that were not in accordance with the defendant's actions, because the perpetrator had more than one case.

Fathol Bari

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

One of the development efforts within the national development framework, the government/government agencies/institutions at every level carry out development authority for the Public Interest. Based on the concept of the State's Right to Control, the Government, on behalf of the Land State, has the absolute right to regulate, determine and determine land rights for the sake of realizing the welfare of the people. On the other hand, the government has an interest in acquiring land for the public interest. In this research, a juridical study was carried out on what is the state's right to control land in land acquisition for public purposes? And what is the government's authority to acquire land for public purposes? The aim of this research is to determine the state's right to control land for the public interest and to find out what the government's authority is in acquiring land for the public interest. The method used in this research is the Normative Juridical method, namely comprehensively reviewing the legal aspects of statutory provisions related to the settlement of compensation for land acquisition for the public interest. In this research, it was found that the State is only limited to regulating, determining and determining the allocation of land rights, and in procuring land for the public interest, the government or agencies using land as development objects are obliged to provide compensation in accordance with the value determined by the assessment team.

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.

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.

Ginanjar Wira Saputra; Cecep Suarha; Rahma Triadi; Tati Sarihati

Innovation in service delivery is essential for the progress of the public sector, particularly in the issuance of death certificates by the Bandung City Population and Civil Registration Office (Disdukcapil). This study aims to identify and evaluate service innovations in this field, focusing on their impact on efficiency and user satisfaction. Using a descriptive analysis method with a qualitative approach, data were collected through direct observation, staff interviews, and document review. Findings reveal that Disdukcapil has implemented innovations like an online messaging and registration system, enabling citizens to apply for death certificates online, upload required documents, and complete electronic payments. These changes have reportedly enhanced service delivery, with user feedback indicating improved accessibility and time savings. However, challenges such as initial user adaptation and technical constraints were encountered, which affected the implementation process. This research highlights the sustainable benefits of service innovation in public administration, offering insights for further improvements in future practices..

Tresia Kristiana

The National Strategic Program stipulated in Presidential Regulation (Perpres) Number 109 of 2020 concerning the Acceleration of Implementation of the National Food Estate Strategic Project, which was implemented in Gadabung Village, Pandih District, Pulang Pisau Regency was implemented well, so that the community felt the direct impact in the form of a harvest area of 1,205 Ha in a bumper harvest with New Superior Varieties of Inbred and Hybrid rice. The success of Gadabung Village as part of the development of the national strategic food estate project has had a positive impact on making the area charming in the form of vast expanses of rice fields, so that the village can be developed into a tourist village. Based on this, the aim of this research is that the Regional Government of Pulang Pisau Regency makes public policies that can be directly operational, by developing the potential resources owned by the government of Gadabung Village, Pandih Batu District. This research uses a qualitative approach, the data displayed is generally in the form of actual and accurate sentence descriptions and connects the problems studied with a qualitative approach. Researchers go out into the field to research the object of study and hold direct interactions with the community with the aim of obtaining in-depth information about this matter, conducting in-depth interviews and observations. Research Results Based on documentation data, Central Kalimantan Food Estate Development activities, especially in Gadabung Village, were carried out through programs and activities, namely area planning and development of facilities and infrastructure, human resource development and farmer corporations experiencing increased capacity and business diversification. This is a form of sustainability effort for upstream-downstream agricultural businesses based on areas and agro-ecosystem suitability clusters. Increasing the welfare of the people in Gadabung Village will be better by becoming a tourist destination, because the scenery in the area is very beautiful with the support of available natural resources, traditional arts and culture of local people and immigrants (transmigration), both ethnic Dayak, Banjar, Javanese, Sunda, where people live in harmony, safety and peace. The conclusion from the results of this research is that Gadabung Village is a village where the National Strategic Program has been implemented which has succeeded in meeting its objectives, namely making Gadabung Village one of the rice barns in Central Kalimantan, with rice fields stretching across thousands of hectares, and the community feels the direct impact on improving welfare. infrastructure becomes better, the village's potential can become a support for becoming a tourist destination or tourist village.  

Hardi Hardi

The image of government bureaucracy is influenced by the performance of public service agencies. For this reason, it is necessary to carry out continuous reform, in anticipating and adapting to developments in society. In an effort to improve the image, performance and professionalism of government agencies towards good governance, it is important to have unity of direction and views among government employees. In this research the problem is how the government of Kuala Kurun District, Gunung Mas Regency, Central Kalimantan Province improves the quality of public services and what only inhibiting factors in improving the quality of public services This research uses a qualitative approach, the data displayed is generally in the form of actual and accurate sentence descriptions and connects the problems studied with a qualitative approach. Researchers go out into the field to research the object of study and hold direct interactions with the community with the aim of obtaining in-depth information about this matter, conducting in-depth interviews and observations The results of this research show that the public service bureaucracy at the Kuala Kurun Subdistrict Office has not been maximized, public satisfaction with services in the dimensions of reliability, responsiveness, guarantees, empathy and direct evidence is implemented with minimum standards, this is because there is still an imbalance in the distribution of tasks and implementation The work that is the responsibility of employees at the Kuala Kurun Village Office, especially the main tasks and functions that have been determined. The causal factor is limited facilities and infrastructure which influences the provision of maximum public services. From the results of this research, it is recommended to evaluate the performance of public services, so that bureaucratic reform can be implemented in the Kurun Village Office, Gunung Mas Regency, Central Kalimantan Province.

Nalom Siagian

The method applied in this study is Systematic Literature Review (SLR) and this work examines the pertinent literature between 2020 and 2024. The sources included here were Scopus, Web of Science, Google Scholar while using the following keywords; digital communication and profitability. The findings indicate that firms that engage in anticipatory digital media communication receive higher customer interactions of between 10-30% and continued patronage and sales. Furthermore, AI and big data help organizations tailor their communication strategies, maximize CLV and minimize operation expenditures. However, the study also revealed that digital skills’ dearth and organizational reluctance to embrace digital technology are a thorn for firms, particularly MSMEs, regarding the appropriate execution of digital communication strategies. Based on the findings of this study, the conclusion is that enhanced digital communication can enhance the profitability of the company as long as adequate technological platform and increased digitization of company’s employees are in place. As for the suggestions for future research, they include examining the effects of data privacy legislation on Digital Communications Planning and analyzing how manufacturing and, especially, financial service industries can leverage Digital Technology to create a sustainable competitive advantage.

Amelia Amelia; Jamaluddin Jamaluddin

This study aims to determine and analyze the effect of the level of understanding of the principles of good governance on financial performance at the Bireuen Regency Financial Management Agency. This study uses a quantitative research method. The population in this study were all employees at the Bireuen Regency Regional Financial Management Agency, with a sample size of 77 people. Data were collected by distributing questionnaires, and the results were processed quantitatively using SPSS 22. Based on the results of the study with partial hypothesis testing (t-test) showed that the variable Level of Understanding of the Principles of Good Governance (X) has a t-value of 3.321 while t-table is 1.665. This means that t-count> t- table, so the results of the study reject H0 and accept H1. So it can be concluded that partially the variable Level of Understanding of the Principles of Good Governance has a positive effect on the Financial Performance of Bireuen Regency at the Bireuen Regency Regional Financial Management Agency.

Diwan Setiawan; Achwan Noorlistyo Adi; Centurion Chandratama Priyatna; Eny Ratnasari

Good governance is a necessity in running the government. The West Java government has made various efforts to implement good governance, one of which is the publication of leaders’ activities on Instagram @biroadpimjabar. The publication aims to raise awareness among the people of West Java by sharing informative and educational content about the activities of West Java leaders and their internal teams, as well as some useful information about West Java. The main purpose of this research is to explore how information about leaders' activities is Share, Optimize, Manage, and Engage as the concept of The Circular Model of SOME by Regina Luttrell. The method used in this research is qualitative. Data was collected through observation and in-depth interviews. The results showed that at the Share stage, the shared content of the leader's activities showed transparency so that it could build public trust. In the Optomize stage, the leader uses interesting video content and informative captions. In the Manage stage, a third application is used to monitor the performance of social media to evaluate its activation. The last stage is Engage, for interaction and community involvement in the form of comments and direct messages, even more followers want to conduct audience activities with West Java leaders after learning about the @biroadpimjabar account. These findings provide recommendations for improving public communication strategies to strengthen the implementation of good governance in West Java.

Anna Yulia Hartati; Andi Purwono; Reza Sa’adatul Mutafarriqa; Amanda Noor Adiba

This article aims to analyze Semarang's city diplomacy in solving environmental problems. Cities have an increasingly large role to play in this globalization era due to complex global issues, especially environmental issues. Cities are also having difficulty dealing with globalization due to the speed of population growth, economic pressures, excessive land use, and the increasing use of motor vehicles that release pollutants into the air. To address these issues, cities around the world are doing their best to find cooperative solutions through diplomacy. In addition, many national capitals cannot handle multiple tasks and, therefore, need to delegate some of their burden to other cities. In line with these objectives, this study utilizes an exploratory and descriptive qualitative research method, focusing on Semarang's diplomacy efforts. This study found that the Semarang city government has been perceived as an institution with clear political objectives that is fully committed to the practice of city diplomacy to engage directly, albeit in a limited way, in multilateral and bilateral international cooperation to find solutions to its environmental problems. The city government is no longer seen as an object of implementation of program plans formulated at the central level but also has the opportunity to formulate strategic plans or bottom-up procedures based on the needs of local communities and the suitability of the model with environmentally sustainable urban development.

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.

Emi Rachmawati; Amri Yusri; Winston Karuna; Dewi Andhani; Tati Tati

Since early 2021, the population administration service in Bandung Regency has been supported by service innovations implementation through an online service system, with the presence of the SAKEDAP application. Hence, the Population and Civil Registration Office of Bandung Regency makes use of Information and Communication Technology as an application of Agile Governance in order to deal with the dynamics of the environment. Nevertheless, at the implementation level of the newest version of SAKEDAP application, the limit of the Q-Ban is only 150 queues a day from 4,000 applicants per day. To tackle these problems, outreach should be tailored through a broad range of accessible media platforms, the recruitment of IT specialists to assure the strength of the system and the ability to increase capacity when necessary. Such measures, which, will enhance public understanding and easier access to services, are consistent with the ideals of the good governance which espouses efficiency and responsiveness. The objective of this study is to discover and analyze Agile Governance based Integrated Population Queue System Service in the Population and Civil Registration Office of Bandung Regency. Observer-participant, in-depth interviews and document review were the main data collection techniques used. In addition to Good Enough Governance, business- driven, Human Focused, Based on Quick Wins, Systematic and Adaptive Approach, Simple design and Continuous Responsiveness, based on the research conducted, the researcher found the responsiveness factor or the ability factor, which is intended to help and provide fast service to customers with clear information and can support the successful implementation of Agile Governance.

Tia Devianty; Abdul Mutolib; Nunung Hastika; Pandji Santosa

This study examines the implementation of policies for the recognition and protection of the indigenous law community in Kampung Kuta, Ciamis Regency. A qualitative approach was employed, gathering data through in-depth interviews, observations, and document analysis. Thematic analysis identified key issues, and triangulation ensured validity by cross-referencing multiple data sources. A central finding is the ongoing conflict between customary laws in Kampung Kuta, which support communal land ownership, and national land regulations that emphasize individual land registration, leading to legal ambiguity and disputes. The study reveals substantial challenges, including inadequate socialization by the government, which has resulted in limited awareness within the indigenous community regarding their rights. Furthermore, limited financial and human resources impede effective implementation, while bureaucratic inefficiencies and poor coordination among implementing agencies have delayed policy outcomes. To address these issues, it is essential to improve resource allocation, conduct regular community workshops to enhance understanding of indigenous rights, and establish a legal framework that harmonizes customary and national laws. Strengthening local authorities and aligning policy objectives with the cultural context of Kampung Kuta are also critical steps. These measures are necessary to safeguard indigenous rights and preserve Kampung Kuta’s cultural heritage, fostering a sustainable model for indigenous rights protection in Indonesia.  

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.