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All Journal Decisio: Jurnal Ilmiah Hukum
Yasarman Yasarman
IBLAM School of Law
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Other

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Prinsip Legalitas, Necessitas, dan Proporsionalitas dalam Penggunaan Kekuatan oleh Kepolisian: Studi terhadap Implementasi Perkap No.1 Tahun 2009 I Putu Yogi Revaldi; Yasarman Yasarman
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.25

Abstract

The principle of legality, necessity, and proportionality serves as the foundation for the use of force by law enforcement, ensuring that actions taken remain within the boundaries of justice and human rights. The implementation of these principles is regulated under Chief of Police Regulation No. 1 of 2009, yet its application in practice often encounters challenges. Issues such as discrepancies between regulations and field practices, lack of legal comprehension among officers, and weak accountability mechanisms contribute to the ineffectiveness of the regulation. This study examines how these principles are applied in police operations and evaluates the extent to which the existing legal framework ensures proportional and responsible use of force. This research employs a qualitative method with a normative juridical approach, focusing on regulatory analysis and the interpretation of legal norms in practice. Data collection is conducted through an extensive literature review, analyzing primary legal sources, academic journals, and relevant legal literature. Findings reveal that while regulations are comprehensive, gaps in enforcement persist due to insufficient training, limited evaluation mechanisms, and a lack of independent oversight. These challenges create inconsistencies in the application of the principles, occasionally leading to excessive use of force. Strengthening police training programs and legal education is crucial to ensure a proper understanding and application of these legal norms. Additionally, an independent supervisory body is recommended to improve accountability and ensure that law enforcement actions align with legal and human rights principles.
Sanksi Hukum terhadap Penyebaran Konten Radikalisme di Internet dalam Perspektif Undang-Undang Terorisme di Indonesia Nendriana Sistia Kusuma; Yasarman Yasarman
Decisio: Jurnal Ilmiah Hukum Vol 2 No 2 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i2.28

Abstract

The rapid growth of internet usage in Indonesia has accelerated information dissemination while enabling the spread of radical content that threatens national security. Social media serves as an effective platform for extremist groups to promote their ideology, making online radicalization an increasingly serious concern. The government has addressed this issue through Law No. 5 of 2018 on Terrorism and the Electronic Information and Transactions Law (ITE Law). However, implementation remains challenging, particularly in defining “radical content” and overcoming technological barriers in law enforcement. This study employs a qualitative method with a normative legal approach, focusing on regulatory analysis and interpretation of existing norms through literature review of primary, secondary, and tertiary legal materials. The findings indicate that despite an existing legal framework, enforcement is hindered by unclear definitions and detection difficulties on encrypted platforms. Regulatory reform and preventive strategies, such as digital literacy and state–platform collaboration, are essential to curb online radicalization effectively.
Alternatif Penyelesaian Sengketa Waralaba (Franchise) Melalui Arbitrase di Indonesia Prayudy Widyanto; Yasarman Yasarman
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i1.38

Abstract

This study analyzes the legal framework and effectiveness of franchise dispute resolution through arbitration in Indonesia. It addresses two main questions: (1) how the law regulates dispute resolution in franchise agreements, and (2) the advantages and disadvantages of arbitration compared to general courts. The research uses a Systematic Literature Review (SLR) guided by the PRISMA protocol, with data collected from the Google Scholar database (2000–2024) using the Publish or Perish software. Out of 100 identified articles, 38 met the inclusion criteria. The findings show that 79% of the articles use normative juridical methods, while 21% combine normative and empirical approaches. The legal framework for franchise agreements includes the Indonesian Civil Code, Government Regulation No. 42/2007, and Minister of Trade Regulation No. 71/2019. Arbitration is viewed as efficient, confidential, final, and flexible, but it faces challenges like high costs and the need for court involvement in enforcing awards. The study concludes that while the legal framework for franchise dispute resolution is comprehensive, its effectiveness depends on consistent implementation.
Co-Authors I Putu Yogi Revaldi Nendriana Sistia Kusuma Prayudy Widyanto