Perbandingan Sistem Hukum Indonesia dan Malaysia
(Rofi Ayyasy, Handar Subhandi Bakhtiar)
DOI : 10.59581/deposisi.v3i2.5061
- Volume: 3,
Issue: 2,
Sitasi : 0 09-Jun-2025
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| Last.02-Aug-2025
Abstrak:
Indonesia and Malaysia, as two Southeast Asian nations with shared historical and cultural ties, possess distinct legal sistem shaped by their colonial legacies. Indonesia adheres to a civil law sistem (derived from Dutch jurisprudence), while Malaysia follows a common law framework (inherited from British rule). Nevertheless, both jurisdictions incorporate Islamic law and customary legal traditions into their national legal sistem. This study conducts a comparative analysis of the legal sistem of both countries, with a particular focus on criminal law, civil law, and judicial structures, while also examining the challenges and opportunities for legal harmonization in the context of ASEAN integration. The research employs a normative juridical methodology, utilizing statutory and doctrinal legal analysis. Findings indicate that the primary distinctions lie in their legal sources (codification versus precedent) and the role of judicial institutions, while similarities emerge in their recognition of legal pluralism. Harmonization efforts face structural, substantive, and cultural challenges, yet potential exists in areas such as digital law, environmental law, and Islamic inheritance law.
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2025 |
Perbandingan Penegakan Hukum Terhadap Tindak Pidana Korupsi di Indonesia dan Malaysia
(Tasya Darosyifa, Handar Subhandi Bakhtiar)
DOI : 10.62383/jembatan.v2i2.1819
- Volume: 2,
Issue: 2,
Sitasi : 0 04-Jun-2025
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| Last.02-Aug-2025
Abstrak:
Corruption remains a serious issue that hinders development and erodes public trust in the government, particularly in countries like Indonesia and Malaysia. Both nations have long histories of dealing with systemic corruption. This study aims to compare the legal systems and anti-corruption law enforcement in Indonesia and Malaysia to identify challenges and areas for improvement. The research uses a descriptive qualitative method with a Systematic Literature Review (SLR) approach, analyzing legal documents, academic journals, and regulations related to anti-corruption agencies in both countries. This study employs legal system theory and institutional theory. The main problem examined is how anti-corruption law enforcement differs between Indonesia and Malaysia and what the main enforcement challenges are. The findings show that while Indonesia’s Corruption Eradication Commission (KPK) was once powerful, recent political interference and regulatory revisions have weakened its impact. Conversely, Malaysia has more comprehensive legal instruments, but its enforcement agencies struggle with independence and political pressure. In conclusion, both countries must strengthen legal supremacy, institutional independence, and public engagement to enhance the effectiveness of anti-corruption efforts.
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2025 |
Legal Protection for Doctors in Medical Practice Using Telemedicine According to Law Number 17 of 2023 Concerning Health
(Fakhrurrozi Fakhrurrozi, Handar Subhandi Bakhtiar)
DOI : 10.62951/ijls.v2i2.352
- Volume: 2,
Issue: 2,
Sitasi : 0 22-Jan-2025
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| Last.13-Aug-2025
Abstrak:
Health is a basic right guaranteed by the Indonesian constitution, as stipulated in Article 28H of the 1945 Constitution and Article 34 paragraph (3), which states that the state is responsible for the provision of adequate health care facilities for all citizens. Nonetheless, challenges in the provision of health services in remote areas are still significant, especially related to the limitations of facilities, medical personnel, and service quality. The development of technology, particularly telemedicine, has opened up new opportunities in the delivery of health services, which can overcome geographical limitations and improve community access to medical services. The type of research in this study is normative juridical. The research results in this discussion are the protection of doctors and the regulation of telemedicine policies in Indonesia, by reviewing Law Number 17 of 2023 concerning Health regarding the implementation of telemedicine between health service facilities. Although telemedicine can expand access to health, the risks associated with remote diagnosis and treatment require special attention in terms of legal protection of health workers. Therefore, adaptive legal tools are needed to accommodate the growing development of health technology and provide legal protection for the parties involved in the implementation of online-based health services.
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2025 |
Urgensi Visum Et Repertum dalam Pembuktian Tindak Pidana Pembunuhan
(Tri Bowo Hersandy Febrianto, Handar Subhandi Bakhtiar)
DOI : 10.62383/referendum.v1i4.375
- Volume: 1,
Issue: 4,
Sitasi : 0 11-Dec-2024
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| Last.02-Aug-2025
Abstrak:
Visum et repertum is a statement made by a forensic doctor at the written request of an investigator for the purposes of proof in a criminal act, one of which is the crime of murder. Visum et repertum is used as a substitute for the corpse of a crime victim who cannot possibly be presented in court, so it plays a very important role in revealing the identity, time and cause of death. This research aims to explain the urgency of the post mortem et repertum in proving the crime of murder so that the resolution of the case becomes clear and clear. The approach method used is normative juridical which is an approach carried out based on the main legal material by examining theories, concepts, legal principles and statutory regulations and by using one of the Marsinah cases as a benchmark for the urgency of post mortem. et repert. The results of the research show that post mortem et repertum has an important role in proving the crime of murder, namely that it can help provide clues to the identity, time and cause of death of the murder victim.
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2024 |
Tindak Pidana Pencurian Anak Terkait dengan Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Anak
(Erva Yunita, Handar Subhandi Bakhtiar)
DOI : 10.62383/amandemen.v2i1.651
- Volume: 2,
Issue: 1,
Sitasi : 0 05-Dec-2024
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| Last.02-Aug-2025
Abstrak:
The author in writing raised the case on Decision Number: 9/Pid.Sus.A/2019/PN.Bkl, where the defendant Ropik Bin Sukkur was found guilty of committing the crime of theft of a blue and white Beat motorcycle for his actions, the defendant was sentenced to 3 (three) years. three) months and did not get a diversion attempt. For this reason, the author will examine how the criminal imposition of criminal acts of theft of article 363 of the Criminal Code committed by minors in terms of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and how the judge's considerations in imposing a crime against the perpetrators of the crime of theft of article 363 of the Criminal Code in terms of the perspective of restorative justice, the research method used in this author is the normative juridical method of library law research carried out by researching library materials or secondary data, sentencing refers to the theory of relative punishment where the purpose of sentencing is as a means of improvement for the accused. itself, while the judge's considerations refer to two aspects, namely juridical and non-juridical aspects, juridical aspects refer to Article 362 of the Criminal Code and noin juridical refers to mitigating and aggravating matters.
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2024 |
Analisis Kasus Peretasan Media Sosial melalui Digital Forensik sebagai Upaya Preventif Penyidik Mencegah Kejadian Salah Tangkap
(Christloy Totota Karo-Karo, Handar Subhandi Bakhtiar)
DOI : 10.62383/terang.v1i4.638
- Volume: 1,
Issue: 4,
Sitasi : 0 29-Nov-2024
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| Last.24-Jul-2025
Abstrak:
Digital Forensics in Uncovering Social Media Hacking Events as a Tool to Help the Police to Fulfil Evidence. Normative legal research or library research, with a statute approach, conceptual approach, comparative approach, historical approach. The nature of the research used in this research is descriptive-prescriptive, the author uses content analysis. The role of digital forensics in finding scientific and objective results as a solid foundation that the police must have from the beginning of the legal process according to researchers is quite important. Because digital forensics is the basis, guidelines and reference for the forensic laboratory centre in acting to examine evidence in the form of speech or invitations made by Ravio Patra's social media account whether it is true that he himself did it or whether there is a hacking factor.
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2024 |
Pembuktian Ilmiah VS Alibi: Bagaimana Ilmu Forensik Mengatasi Tantangan Pembelaan pada Kasus Raden Adante
(Adiatma Nugroho, Handar Subhandi Bakhtiar)
DOI : 10.62383/jembatan.v1i4.955
- Volume: 1,
Issue: 4,
Sitasi : 0 26-Nov-2024
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| Last.24-Jul-2025
Abstrak:
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.
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2024 |
Peranan Bukti Forensik dalam Pembuktian Tindak Pidana Pemalsuan Uang
(Ishma Safira, Handar Subhandi Bakhtiar)
DOI : 10.62383/pk.v1i4.192
- Volume: 1,
Issue: 4,
Sitasi : 0 11-Oct-2024
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| Last.24-Jul-2025
Abstrak:
The crime of counterfeiting counterfeit money often occurs in Indonesia. Various policies through laws and implementing regulations have been issued, but these crimes always occur. One of the processes of proving the crime of counterfeiting money is using forensic science, therefore, the author is interested in analyzing what is the role of forensic evidence in proving the crime of counterfeiting money? In this research, the type of research used is normative research using a conceptual approach (conceptual approach) and legislation (legislative approach) related to forensic science. The results of the research explain that forensic evidence plays an important role in the investigation process and ultimately the judge can determine what crime the defendant deserves, forensic evidence is one of the pieces of evidence that perfects previous or other evidence as explained in Article 184 Paragraph (1) of the Criminal Procedure Code and Article 187 letter c KUHAP. The author's suggestion from the conclusions obtained is that investigations into criminal cases of money counterfeiting should always use forensic laboratory tests to obtain accurate evidence.
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2024 |
Analisis Terkait Pembuktian Tindak Pidana Penganiayan Berdasarkan Perspektif Hukum Forensik
(Adinda Kusumaning Ratri, Handar Subhandi Bakhtiar)
DOI : 10.62383/mahkamah.v1i4.175
- Volume: 1,
Issue: 4,
Sitasi : 0 07-Oct-2024
| Abstrak
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| Last.02-Aug-2025
Abstrak:
The examination of a criminal case in the judicial process is essentially aimed at finding the material truth of the case. Along with the increase in criminal cases with various motives and modes, science is needed to support the interests of law enforcers. Forensic medicine or also known as judicial medicine is becoming increasingly important for the judicial process to obtain justice. This research discusses evidence in the crime of persecution from the point of view of forensic law. In this research, the author uses normative legal research methods using legal sources from primary legal materials in the form of environmental law legislation and secondary legal materials in the form of books and articles on waste management. The conclusion obtained in this paper is that Visum et Repertum is one of the valid evidence in the process of proving persecution cases, the role of forensic doctors can be as Visum et Repertum makers and doctors as expert witnesses.
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2024 |