Ajudikasi : Jurnal Ilmu Hukum

Roles of Public Prosecutor's Office in Restorative Justice: A Focus on Prosecution Discontinuation Regulations

Andy Sasongko — Wed, 27 Dec 2023 11:04:45 +0700

The implementation of restorative justice in criminal cases is crucial for upholding humanitarian values that prioritize the recovery and protection of both victims and offenders. This approach seeks to restore the situation to its original state without solely focusing on punishing the perpetrator, marking a paradigm shift towards reconciliation and healing. In Indonesia, restorative justice aligns with the societal need for more inclusive prosecutorial and judicial authority. Pre-court resolution of criminal cases must explore the potential for resolution before reaching a conviction. The Prosecutor's Office of the Republic of Indonesia holds a central role in executing this approach.The issuance of Prosecution Regulations Republic of Indonesia Number 15 of 2020, concerning the Termination of Prosecution Based on Restorative Justice, provides concrete guidance for the Attorney General of the Republic of Indonesia. This regulation emphasizes the recovery and protection of victims, aligning with broader aspects of humanity and justice. The primary objective is to establish public order, justice, truth, and legal certainty based on existing laws and values such as morality, religious norms, and courtesy. The Prosecution Regulations aims to encourage a more humane and conscientious approach by the Public Prosecutor, prioritizing the recovery of victims and the rehabilitation of offenders. This departure from traditional punitive thinking contributes positively to society. As an integral part of Indonesia's criminal justice system, the Prosecutor's Office bears significant responsibility in creating legal certainty, truth, legal order, and justice based on human values, morality, courtesy, and religious norms.This shift reflects a positive change in a criminal justice system that increasingly emphasizes inclusivity and social healing. Restorative justice goes beyond being a conceptual framework; it signifies a commitment to instigate positive transformations in the handling of criminal cases in Indonesia, ensuring that human values and justice form the bedrock of the justice system.

Penerapan Asas Nebis in Idem yang Diajukan di Peradilan Berbeda Berdasarkan Asas Contante Justitie

Andi Setiawan, Amir Junaidi, Ariy Khaerudin, Dika Yudanto — Wed, 27 Dec 2023 14:48:12 +0700

This research aims to analyze the application of the principle of nebis in idem in the handling of civil case Number 287/Pdt.G/2023/PA.Skh. which corresponds to the principle of contante Justitie and to know and analyze the handling of cases carried out by judges who examine, hear, and decide cases handled by the Sukoharjo Religious Court, by looking at the considerations of judges in applying the principle of nebis in idem. This research is normative legal research, using secondary data which is processed using qualitative techniques. The results of this study indicate that: (1) the handling of civil case Number 287/Pdt.G/2023/PA.Skh. in its decision is appropriate and has applied the principle of nebis in idem properly, because the elements of nebis in idem as required in the Civil Code have cumulatively been fulfilled; (2) the considerations given by the panel of judges in giving the decision are appropriate and correct based on applicable legal principles. (3) cases containing elements of nebis in idem must be filed an exception and an exception can only be filed in the first answer along with a rebuttal to the subject matter. It is recommended that in the future a dismissal process can be carried out before cases related to nebis in idem are examined and tried like the mechanism in the state administrative court, in order to provide legal certainty for justice seekers as well as implement the principles of fast, simple, and light costs.

Faktor Penyebab Terjadinya Perceraian di Pengadilan Agama Serang

Ade Millatus Sa'adiyyah, Anton Aulawi, Senah Apriliani — Thu, 28 Dec 2023 00:00:00 +0700

Divorce is the final point of a marriage that is unable to achieve the noble goal of family happiness as expected by every married couple. This study aims to find out about the factors that cause divorce in the Serang Religious Court. To achieve these objectives, the researchers used descriptive research with a qualitative approach. Informants in this study were judges, junior clerks and Posbakum. Data collection was carried out using the method of observation, interviews and documentation. The data analysis technique used is data reduction, data presentation and conclusion. Based on the research results, it was found that the highest causes of divorce in the Serang Religious Courts were (1) Continuous Quarrels and Disputes (47%), (2) Economics (36%), (3) Domestic Violence (12%), (4) Leaving one of the parties (5%), and the consequences of divorce are very broad and complex, because it is not only the divorced husband and wife who feel the consequences of the divorce but also the impact on children and wealth.

Penguatan Fungsi Pengawasan Bawaslu Republik Indonesia dalam Penyelenggaraan Tahapan Kampanye Pemilu Serentak 2024

Thu, 28 Dec 2023 14:59:59 +0700

One of the stages in a general election is the campaign. During the campaign stage, there is an institution that has the authority to supervise it, namely Bawaslu RI. However, in its implementation, Bawaslu RI experienced several challenges, especially in facing the simultaneous elections in 2024, such as a lack of human resources, financing and facilities for supervision. The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the research show that Bawaslu RI is affected by the implications of 2024 simultaneous elections, such as shortages of human resource and technical needs in the field with a solution by changing the Article 92 paragraph (2) of Law No.7/ 2017 to change the number of Bawaslu RI members from each existing level. Then, the strategy of Bawaslu RI in supporting its supervisory authority during simultaneous elections is to collaborate with various institutions such as the implementation of Gakkumdu, as well as entering into an MoU with Kominfo, KPU, and all social media in Indonesia.

Perbandingan Regulasi Bank Digital di Indonesia dan Singapura

Michele Febriyanti, Imam Haryanto — Sat, 30 Dec 2023 09:20:14 +0700

In digital banking, customers who are served digitally can be done starting from the business connection between the bank and the customer starting from opening an account, executing account transactions, to closing a deposit account which is carried out through the use of Information Technology. This of course makes it easier for customers because these activities can be done anywhere. Behind the convenience obtained from using digital banking services, there are also risks involved. Thus, the need for legal protection for customers who use digital banks is necessary to protect consumers from customers in banking services, because the law integrates and serves society. However, unfortunately the regulations regarding Digital Banks in Indonesia have not yet stood alone and are still being reviewed by the OJK. Therefore, so that the special regulations for digital banks in Indonesia can be of good use and not harm any party, references are needed from other countries that have issued legal regulations regarding digital banking to see the legal regulations for digital banks that have been previously implemented in that country so that they can become a reference for the process of making special regulations regarding banking in Indonesia. One country that has implemented special regulations regarding digital banking is Singapore. Based on these problems, in this journal the author will discuss the General and Systematic Overview of Legal Protection for Digital Bank Customers in Indonesia and the Comparison of Digital Bank Regulations in Indonesia and Digital Banks in Singapore for Customers.

Masa Jabatan Presiden dan Wakil Presiden: Penambahan Pengaturan pada Keadaan Darurat dan Sirkulasi Periodisasi

Desi Fitriyani, Fitra Arsil, Winda Sari, Nurul Insi Syahruddin — Sat, 30 Dec 2023 10:38:14 +0700

This paper departs from the problematic arrangements for the term of office of the president and vice president that have been regulated in Article 7 of the 1945 Constitution of the Republic of Indonesia. The article has not accommodated the regulation of the term of office if the country is in a state of emergency and leaves a question regarding the possibility of re-election of the president and vice president who have been elected previously. The purpose of this research is, first, to provide an analysis of the need to regulate the term of office of the president and vice president when the country is in a state of emergency and second, to analyze the need for changes in the circulation of periodicity and tightening of the norms. The type of research used is normative legal research using conceptual and comparative constitutional approaches. The results of the research show that reformulation of the regulation of the term of office of the president and vice president is needed on 2 (two) matters. First, the provisions regarding the term of office of the president and vice president if the country is in a state of emergency which is also carried out by several countries. The urgency of this arrangement can be seen from the experience of emergencies that have occurred in Indonesia. Secondly, it is necessary to circulate periodization and tighten arrangements regarding the possibility of re-election of the president and/or vice president. For accountability, the re-election of the president and/or vice president should only apply if done consecutively. The tightening is intended to close the space for misinterpretation of the existing provisions that the constitution has opened the opportunity for the president and/or vice president to serve more than 2 (two) periods if the partner is a different person.

Nilai Pancasila dalam Metode Penemuan Hukum: Orientasi dan Konstruksi Nilai Pancasila dalam Rechtsvinding

Fakhry Amin — Sat, 30 Dec 2023 11:29:24 +0700

This study examines the role of Pancasila values in the process of legal discovery or rechtsvinding in Indonesia. Pancasila, as the foundational philosophy of the Republic of Indonesia, holds a crucial position in shaping the nation's identity, character, and developmental direction. Beyond being a philosophical underpinning of the state, Pancasila's values serve as guiding principles in the life of the nation, state, and society. Within the legal context, Pancasila is highly relevant in the rechtsvinding process, which involves searching for laws related to specific cases or situations.The research utilizes normative methods with a philosophical and analytical approach. Data is gathered through literature studies, analyzing legal norms, regulations, and relevant legal works. The primary goal is to analyze how Pancasila values manifest in the rechtsvinding approach and their impact on legal stability and justice in the Indonesian legal system.The study findings reveal that Pancasila values play a central role in the rechtsvinding process. These values influence the interpretation and application of the law by judges and legal practitioners. The 1945 Constitution reflects Pancasila values in its principles that form the basis of state law and policy. Articles within the constitution embody Pancasila values like social justice, balance of rights and responsibilities, and human rights protection. Furthermore, Pancasila values significantly contribute to legal stability, fostering certainty and harmony in the Indonesian legal system. The integration of Pancasila principles in the rechtsvinding process guides decision-making with a focus on justice, unity, and equality.

Konseptualisasi Otonomi Khusus dalam Tinjauan Otonomi Daerah: Konstruksi dan Formulasi

Askari Razak — Sat, 30 Dec 2023 12:07:37 +0700

The development of the government system in Indonesia has resulted in significant changes in the form of granting autonomy to the regions. Regional autonomy includes the granting of authority to regions to regulate local issues in accordance with the needs and characteristics of the region. Special autonomy is a variation of the concept of regional autonomy that gives special authority and responsibility to regions with certain characteristics. The purpose of this research is to analyze the way the concept and implementation of special autonomy is interpreted in the situation of regional autonomy. This research uses a normative legal approach method to examine relevant legal regulations and literature related to this topic. The results show that special autonomy is an important step in building governance that is responsive to local needs. While recognizing the privileges of regions with special characteristics, special autonomy must still maintain the unity of the state and respect the values of diversity. The implementation of special autonomy has had a positive impact on regional empowerment, but needs to be improved to remain in line with national goals and human rights. The interaction between the central and local governments in the context of special autonomy also needs to be maintained and strengthened to achieve sustainable and inclusive development throughout Indonesia.

Pelaksanaan Putusan Eksekusi BANI atas Sengketa Kontrak antara Badan Layanan Umum BP3TI dengan PT. Indonesia Comnets Plus dan Konsorsium NIPRESS

Wening Galih Pitaloka, Susilo Wardani — Sat, 30 Dec 2023 13:44:17 +0700

The Indonesian National Arbitration Board (BANI) is an option in resolving contract disputes between the government and private parties. When the government is in a losing position in a contract dispute according to the BANI decision, the government must comply with the BANI decision. This study aims to understand the implementation of the execution of BANI decisions that conflict with Law Number 1 of 2004 concerning State Treasury and the authority of the Supreme Court to address the issue of BANI decisions that conflict with Law Number 1 of 2004 concerning State Treasury. The focus of this research includes the execution of BANI decisions that are contrary to Law Number 1 of 2004 concerning State Treasury and the Authority of the Supreme Court to the Court that confiscates state assets. The research method used in this research is normative juridical through statutory and conceptual approaches using secondary legal data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data obtained from library research is then analyzed using descriptive qualitative. Based on the research, it is found that the execution of the BANI decision carried out by the court through the confiscation of a sum of money in an account belonging to the BP3TI Public Service Agency should not be carried out because this has contradicted Article 50 of Law Number 1 of 2004 concerning State Treasury. Therefore, the Supreme Court is expected to play a role in providing solutions by providing guidance to the lower courts including the district courts by issuing a Supreme Court Circular Letter (SEMA).

Analisis Hukum Terhadap Penyampaian Informasi Elektronik yang Melanggar Norma Moral

Shenti Agustini, Winsherly Tan, Grace Geovanni — Sat, 30 Dec 2023 22:55:14 +0700

This research aims to analyze the legal aspects of electronic information dissemination that violates moral norms. The unethical dissemination of information, including hoaxes, hate speech, and other harmful behaviors, has become a significant concern in the digital environment today. The research method employed is normative legal research, utilizing three approaches: legislative, case-based, and conceptual. Research data were collected from secondary sources, including relevant laws and literature on legal issues related to electronic information dissemination. Additionally, tertiary data was derived from specific cases that exemplify the phenomenon of morally unethical information dissemination empirically, both within the digital space and outside the network. Data analysis involved stages of reading, note-taking, reduction, interpretation, and concluded with deduction. The research results outline the pertinent articles and sections within legal regulations concerning violations of moral norms in electronic information dissemination. Furthermore, the study discusses law enforcement measures that can be taken against the perpetrators of such violations. This research contributes to understanding the legal aspects related to morally unethical electronic information dissemination in the current digital era. It is essential to ensure that ethics and legal compliance are maintained in the increasingly complex online environment.

Implementasi Pengaturan Standar Perhotelan dalam Mendukung Kepariwisataan Daerah: Studi Kasus pada Ommaya Hotel di Kabupaten Sukoharjo

Hettyning Hettyning, Ariy Khaerudin, Nourma Dewi — Sun, 31 Dec 2023 00:07:01 +0700

This study aims to determine the regulation of hospitality standards in supporting regional tourism and how the implementation of hospitality standards at Ommaya Hotel in supporting regional tourism in Sukoharjo Regency. The research is qualitative with a normative-empirical legal approach, using primary data and secondary data. The results of the study concluded that the regulation of hospitality standards that support tourism includes the regulation of the Tourism Business Registration Certificate (TDUP) in the field of business of providing hotel business type accommodation, the feasibility of building functions, water quality feasibility, hotel class management assessment, and tourism business certification. Ommaya Hotel has fulfilled several hotel standardizations in accordance with applicable regulations such as having a Tourism Business Registration Document (TDUP) in the field of business of providing hotel business type accommodation, water quality feasibility, hotel class classification assessment and Ommaya Hotel including two-star hotels. However, there are several hospitality standards that Ommaya Hotel does not yet have such as a certificate of the feasibility of building functions called the Certificate of Good Function (SLF), a certificate of good health, and a certificate of tourism business in the hotel sector.

Regulasi Layanan Kesehatan Digital di Indonesia: Tantangan Etis dan Hukum

Resita Lukitawati, Widodo Trisno Novianto — Sun, 31 Dec 2023 09:35:21 +0700

Digitalization promotes more effective and efficient health-care services. Following the COVID-19 epidemic, there has been a surge in global interest and investment in digital healthcare. WHO has issued guidelines and recommendations to countries in order for them to properly use telemedicine on a global scale. This is not only beneficial to people who want to protect themselves against COVID-19 and other diseases to which they may be susceptible, but it also has the potential to increase access to health care. There are various problems in integrating digital healthcare across the country in Indonesia, a country that does not yet have universal healthcare and struggles with high levels of skepticism in the public health system. Indonesian technology laws currently do not explicitly control telehealth, nor do suitable data protection regulations exist to manage the massive volumes of data generated by digital health services if adopted on a wide scale. Furthermore, there are concerns regarding the level of patient privacy, which may be jeopardized by digital health services. Aside from legal concerns about privacy, there is no framework in place to ensure informed consent in the context of digital healthcare. In this study, the researcher examines the legal, structural, and ethical difficulties surrounding digital health and offer insight into the problems caused by these flaws, as well as policy proposals to remedy these issues. The outcomes of the discussion indicate that data protection rules in Indonesia must address the different concerns listed above. Furthermore, gaps in health-care access and public-sector distrust make universal implementation of digital health services difficult. Aside from legal considerations, the digitalization of health services in Indonesia has ethical implications. The key ethical considerations are informed consent, which is a critical issue, particularly for marginalized groups with poor reading levels and communities that have historically been targets of medical exploitation.

Penyelesaian Wanprestasi Simpanan Deposito Akad Mudharabah yang Tidak Dikembalikan oleh Pihak KSU Syariah BMT Berlian

Fiska Zenita Putri, Susilo Wardani — Sun, 31 Dec 2023 22:40:39 +0700

Default is an act of violation of an agreement between two parties. When one party is unable to carry out its obligations in accordance with the existing agreement, then this action can be fully said to be a default. Mudharabah deposits are deposits of funds with a scheme where the owner of the funds (shahibul maal) entrusts his funds to be managed by the bank (mudharib) with the results obtained shared between the owner of the funds and the bank with the ratio agreed upon from the start. This research aims to analyze the factors that cause default of unreturned mudharabah contract deposits in Decision Number 37/Pdt.G/2018/PN Bau and to analyze the settlement of default of unreturned mudharabah contract deposits in Decision Number 37/Pdt.G/2018/PN Bau. The focus of this research covers the settlement of default of mudhrabah contract deposits that are not returned by the bank. This research uses a qualitative normative juridical method through a statutory approach using secondary legal data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research, it can be concluded that the factors causing default of mudharabah contract customer deposits that are not returned by KSU Syariah BMT Berlian, namely the first cause of default is the negligence of one of the parties. Second, the parties deliberately violated the contract agreement and violated Article 36 of the Compilation of Sharia Economic Law. The settlement of the default case of mudharabah contract deposits that were not returned by the KSU Syariah BMT Berlian was that the Panel of Judges had decided the case in accordance with statutory regulations, namely Article 1246 of the Civil Code and also contained in Article 38 of the Compilation of Sharia Economic Law.

Pelindungan Hukum Terhadap Konten Kreator Anak

Rizki Gusti Perdana, Susilo Wardani — Sun, 31 Dec 2023 23:21:30 +0700

Content creators are flexible workers who are in demand by all groups, both adults and children. Children in digital content creation are at risk of exploitation and psychological distress. This is the case with Monella Sunshine Jo, a 5 year old celebrity who has achieved a significant level of popularity. Although children's rights in the digital world have been regulated in legislation, adequate regulations to protect children as content creators are still lacking, creating problems that need attention. This article aims to analyze the legal regulation of child labor as a content creator on social media and the legal protection of child content creators based on labor law. The method used in this research is normative research method, which examines and analyzes the subject matter with the substance of the Legislation. Based on the results of this study it can be concluded, First, legal protection of child content creators on social media and regulations in Indonesia have regulated the rights and obligations of children as workers, especially in the entertainment industry, but there are certain conditions, stating that children who have worked must do work in accordance with their requests and talents, these provisions are regulated in the Decree of the Minister of Manpower Number KEP.115/MEN/VII/2004. Second, the protection of children from work is regulated in Law Number 13 of 2003 concerning Manpower with the exception of children aged 13-15 years who may do light work as long as it does not interfere with development and health. Conditions such as written permission, work agreement, maximum time of 3 hours, daytime, and not interfering with school. Law Number 13 of 2003 on Labor prohibits child labor that endangers health, safety, or morals, as well as involving children in slavery, prostitution, the production of pornography, and the trafficking of addictive substances.