Article Per Year (5 Year)
p-Index From 2020 - 2025
4.492
P-Index
This Author published in this journals
All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam DiH : Jurnal Ilmu Hukum Rechtsidee Mimbar Keadilan Jurisprudence International Journal of Law Reconstruction Jurnal Hukum dan Pembangunan Ekonomi Jurnal Hukum Magnum Opus JURNAL MERCATORIA VOCATIO : Jurnal Ilmiah Ilmu Administrasi dan Sekretari CERMIN: Jurnal Penelitian Law Research Review Quarterly Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education COURT REVIEW: Jurnal Penelitian Hukum IBLAM Law Review International Journal of Humanities Education and Social Sciences Ius Positum: Journal of Journal Of Law Theory And Law Enforcement PATTIMURA Legal Journal Legal Protection for the Partnership Agreement Parties Srawung: Journal of Social Sciences and Humanities Yuris: Journal of Court and Justice Ensiklopedia Research and Community Service Review Klausula: Jurnal Hukum Tata Negara, Hukum Adminitrasi, Pidana dan Perdata Journal of Artificial Intelligence and Digital Business Innovative: Journal Of Social Science Research Jurnal Hukum dan Keadilan Journal of Law and Legal Reform
Mangesti, Yovita Arie
Unknown Affiliation
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mechanical Engineering Neuroscience Public Health Social Sciences Other

Published : 35 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 35 Documents
Search

 1   2   3   4 
A Comparative Study of the Laws of Execution of the Death Penalty Against Australian and French Citizens in Narcotics Crimes Pradana, Alifian Maulana Nanda; Mangesti, Yovita Arie
Jurnal Hukum dan Keadilan Vol. 2 No. 1 (2024): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i1.251

Abstract

This work analyzes the differences behind the protracted delay in the Serge Areski Atlaoui case which is compared to the case of the two defendants Bali Nine, namely Myuran Sukumaran and Andrew Chan, in the case of the same narcotics crime there is a very clear difference at the time of the inkracht criminal verdict. The purpose of this work is to analyze the urgency behind the moratorium on the verdict of Serge Areski Atlaoui which is different from the verdict on the two defendants Bali Nine. Through this work, two major findings were obtained, the first of which was that the moratorium on the death penalty was motivated by changes in criminal law policy through Law Number 1 of 2023 concerning the Criminal Code which provides a probation period of 10 years for defendants on death row, this was not obtained by the two defendants in the Bali Nine case because they had been executed after the PTUN decision on the lawsuit against the rejection of clemency by the President. The second finding is in the form of major implications after the reharmonization of criminal law provisions in the form of the application of the principles of legal certainty, legal justice and legal usefulness. The findings then gave a conclusion that the enforcement of criminal law against narcotics crimes has been updated by looking at the human aspect.
Model of Paranormal Testimony as Evidence in the Crime of Witchcraft from the Perspective of Legal Certainty Setyorini, Erny Herlin; Mangesti, Yovita Arie; Simangunsong, Frans; Geuvarra, Arsyah; Arrofi, Rendi; Widayata, Andhika Tedja
Rechtsidee Vol. 13 No. 1 (2025): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1058

Abstract

General Background: The criminalization of black magic presents complex challenges at the intersection of law, culture, and religion. Specific Background: Article 252 of Indonesia's National Criminal Code regulates black magic based on claims of supernatural power, punishable by imprisonment or fines. Knowledge Gap: However, there is limited clarity on the role of paranormal witnesses in the evidentiary framework of such crimes, particularly from the perspective of legal certainty. Aims: This study aims to design a model for utilizing paranormal witnesses as supporting evidence in black magic cases. Results: Employing a sociolegal method with legislative and conceptual approaches, supplemented by interviews with East Java Regional Police investigators and religious figures, findings reveal that scientific investigation methods are prioritized over paranormal testimony. In Islamic law, proving black magic requires confession, valid witness testimony, or strong qarinah, with input from ruqyah experts serving only as reinforcement. Novelty: The study introduces a model that aligns with Article 184(1) Jo. 183 of the Criminal Procedure Code, positioning paranormal testimony as non-autonomous, corroborative evidence. Implications: The research proposes establishing a certified paranormal association to ensure formal legality and regulated participation in criminal investigations involving supernatural claims. Highlights: Legal evidence for black magic relies on scientific and sharia-valid proof. Paranormal testimony serves only as supporting (non-primary) evidence. Certified paranormal associations are proposed for formal legal legitimacy. Keywords: Paranormal Witness, Evidence, Witchcraft Crime, Legal Certainty
Urgency Analysis of Pet Regulation as Subject of Legal Protection Anadi, Yandri Radhi; Suhartono, Slamet; Mangesti, Yovita Arie; Prasetyawati, Endang; Cikusin, Yaqub
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.14771

Abstract

This study analyzes the urgency of regulating pets as a subject of legal protection in Indonesia. Although pets have the right to be treated humanely, regulations in Indonesia do not specifically recognize pets as legal subjects entitled to legal protection. This study uses a normative juridical approach with an analytical descriptive method to examine regulatory gaps related to pet protection. Data was obtained through literature studies on laws and regulations, legal doctrines, and cases of violence against pets. The results of the study show that existing regulations, such as Criminal Code Article 302 and Law No. 18 of 2009, still focus on the health aspect of livestock and have not accommodated the basic rights of pets. In addition, criminal sanctions for perpetrators of violence against pets are considered ineffective in providing a deterrent effect. This study recommends the establishment of a special law on the protection of pets, a revision of the Criminal Code Article 302, and public education programs to increase awareness about pet rights. The implementation of these regulations is expected to strengthen legal protection for pets and encourage a paradigm shift in society in treating pets as legal subjects who are entitled to protection.
The Concept of Reconstruction of Cohabitation Regulations in the National Criminal Code Based on the Principle of Legal Certainty Muntini, Muntini; Suhartono, Slamet; Mangesti, Yovita Arie; Setyorini, Erny Herlin
DiH: Jurnal Ilmu Hukum Volume 21 Nomor 2 Agustus 2025
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v21i2.12685

Abstract

Provisions regarding living together as husband and wife outside of marriage, known as cohabitation, were introduced in Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code). However, the regulation has many problems, including philosophical, sociological and juridical problems, as well as inappropriate norms, not reflecting justice and ignoring religious and customary norms. This research aims to analyze and find a reconstruction of the formulation of cohabitation norms in the National Criminal Code based on principle of legal certainty. The formulation of the problem proposed is How to reconstruct the formulation of cohabitation norms in the National Criminal Code, based on the principle of legal certainty. The research method uses normative legal research, namely a process of finding legal rules, legal principles and legal doctrines to answer the legal issues faced. The approaches used are the statutory approach, the comparative approach and the conceptual approach. Sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials. The results obtained from this research, Article 412 of the National Criminal Code needs to be reconstructed regarding cohabitation norms, namely living together not as husband and wife because it is not based on a legal marriage, the cohabitation offense is also not a complaint offense but is an ordinary offense, and because cohabitation behavior is not in accordance with The spirit of Pancasila is contrary to religious customs and norms, so we must receive heavier sanctions so that between criminal penalties and fines are accumulative punishments.
Reformulation of Regulation on Prostitution Crime as Predicate Crime in Money Laundering Purboyo, Ardi; Suhartono, Slamet; Mangesti, Yovita Arie
PATTIMURA Legal Journal Vol 4 No 2 (2025): August 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i2.19161

Abstract

Introduction: A person who carries out a financial transaction or other financial transaction that is suspected of hiding or disguising the origin of wealth from illegal acquisitions as if it were legitimate wealth and not the result of a crime, its truth must first be proven. Purposes of the Research: Research aims to find the urgency of regulating the crime of money laundering originating from prostitution in the National Criminal Code based on the principle of justice and the concept of reformulating the regulation of the crime of money laundering originating from prostitution in the National Criminal Code. Methods of the Research: A study uses normative legal research, namely legal research that focuses on the study, review, and analysis of positive law. This research is a review or analysis that focuses on the rules or provisions stipulated in applicable laws and regulations. A study was conducted on the primary legal materials and secondary legal materials used to answer the legal issues raised, namely related to the regulation of money laundering crimes originating from prostitution crimes. Results Main Findings of the Research: The results of the study show the urgency of reformulating the regulation of prostitution as a predicate crime in money laundering as a crime of follow does not reflect the value of justice for the community involved in both crimes. The concept of reformulating the regulation of prostitution as a predicate crime as a predicate crime in money laundering as a crime of follow must be classified against the perpetrators involved in prostitution activities. as a predicate crime in money laundering as a crime of follow must first be distinguished regarding the parties involved, such as pimps/intermediaries, providers of commercial sexual service facilities, and also sex workers who are distinguished as professions and sex workers as victims of sexual exploitation. The community understands that prostitution is not just a symptom of social pathology but is a criminal act. The community should be involved in social control efforts so that there are no further criminal acts, namely money laundering.
Reconstruction of Sanctions Regulations against Notaries Who Do Not Read Deed before Patient as an Effort to Protect Patient by Law Angelia, Ister; Suhartono, Slamet; Prasetyawati, Endang; Mangesti, Yovita Arie
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 4 (2025): IJHESS FEBRUARY 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i4.1368

Abstract

Notary is a public official needed by the community who needs a deed as evidence for civil transactions. A notarial deed is perfect evidence that does not require other evidence in court proceedings. The authenticity of the Notarial Deed is required to be made by an Official whose authority is granted by law. In addition, one of the requirements for the authenticity of a Notarial deed must be read out in front of the person appearing before it is signed. If the Notary does not read out the deed, the result is that its evidentiary power is degraded to a deed under hand, while the Notary is not subject to any sanctions. Such regulation is unfair to the person appearing, so for justice for the person appearing, the regulation of sanctions in the UUJN must be reconstructed by deleting and changing several provisions of the articles containing sanctions. This research is normative legal research that focuses on the study of legal norms of UUJN, especially those related to the obligation of Notaries to read the deed in front of the person appearing before the deed is signed. The reconstruction is carried out by adding one letter m in the articles containing sanctions for Notaries who do not carry out their obligations, including not carrying out the obligation to read the deed before the deed is signed.
The Problem of Non-Communicable Disease Service Policy During Covid -19 in Indonesia and Malaysia Budiarsih, Budiarsih; Mangesti, Yovita Arie; Chaidar, Muhammad; Che Ngah, Anisah
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1270

Abstract

This research aims to highlight the problem of NCD during the Covid -19 pandemic. In both Indonesia and Malaysia, NCDs are the number one killer that has caused tremendous stress on the healthcare system. Policies that focused on Covid only at that time created new problems for NCD. Restrictions on coming to the hospital made NCD patients not helped or try to treat themselves, this certainly had a negative and positive impact on NCD patients during Covid 19 in Indonesia and Malaysia. The research method used in this study is a socio-legal approach by examining various primary and secondary sources in the form of comparative studies with sources of legislation, books, journals, and online sources as well as interviews conducted at random among NCD patients to measure their response during the pandemic. Covid -19. The findings show that policies and management in Indonesia and Malaysia for NCD patients during COVID -19 have a negative and positive impact. Learning from the pandemic, both countries need to make regulations or laws during a pandemic or epidemic emergency so that people are protected.
Naskah Akademik Rancangan Peraturan Daerah Kabupaten Magetan Tentang Penanganan Orang dengan Gangguan Jiwa Nasution, Krisnadi; Hadi, Syofyan; Mangesti, Yovita Arie; Noviekayati, IGAA.
Innovative: Journal Of Social Science Research Vol. 4 No. 2 (2024): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v4i2.9250

Abstract

Berdasarkan dengan hal tersebut serta sesuai dengan ketentuan Pasal 18 ayat (6) UUD NRI Tahun 1945, Kabupaten Magetan perlu untuk menyusun Peraturan Daerah di bidang penanganan orang dengan gangguan jiwa (ODGJ). Urgensi penyusunan Peraturan Daerah a quo adalah (1) sebagai instrumen kebijakan Kabupaten Magetan dalam pemenuhan hak orang dengan gangguan jiwa (ODGJ) untuk memperoleh penanganan yang lebih baik; (2) sebagai dasar penyelenggaraan penanganan orang dengan gangguan jiwa di Kabupaten Magetan; (3) sebagai upaya untuk mengoptimalkan penanganan orang dengan gangguan jiwa; (4) sebagai upaya untuk meminimalisir orang dengan gangguan jiwa (ODGJ) yang terlantar; (5) sebagai jawaban dan solusi terhadap berbagai persoalan empiris dan sosial di bidang penanganan orang dengan gangguan jiwa (ODGJ). Kata Kunci : Naskah Akademik, ODGJ, Perda
Islamic Legal Perspective on the Implementation of Online Marriage Contracts during the Covid-19 Pandemic Sujono, Imam; Mangesti, Yovita Arie; Suhartono, Slamet; Kamaruddin, Zaleha
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 1 (2022): Vol. 6, No. 1, October 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i1.27982

Abstract

The validity of a marriage is the fulfillment of the pillars and conditions of marriage as stipulated in Islamic law. One of the pillars currently being discussed is the online Ijab and Qabul (marriage contract), considering the COVID-19 pandemic, there has been much news about online marriage ceremonies due to various constraints. Moreover, technology is becoming increasingly advanced and evolving, making human tasks easier. The aim of this study is to examine the legality of online marriage contracts that occurred during the COVID-19 pandemic. This research uses a qualitative research method with a library research type, referencing journals, articles, and books related to the main theme of online marriage contracts. All references, including legal and non-legal sources, are presented and then analyzed carefully. Scholars and fiqh experts have provided arguments about the validity of marriage through online contracts. According to the scholars, an online marriage contract is valid if what is meant by one assembly is one time, not one place. Thus, after the Ijab is stated, the Qabul must also be stated immediately. The research results show that marriage contracts conducted online during the COVID-19 pandemic are legally valid, thereby contributing to resolving the difficulties faced by prospective brides and grooms in gathering to conduct the marriage contract due to social restrictions. The validity of online marriage contracts represents a legal renewal that previously considered that marriage contracts must be conducted in one place.
TINDAKAN PREVENTIF DAN REPRESIF SEBAGAI UPAYA PERLINDUNGAN HUKUM TINDAK PIDANA PEMERKOSA ANAK Imran, Muhammad Dzar; Mangesti, Yovita Arie
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.249

Abstract

Law Number 17 of 2016 concerning Child Protection provides special protection to children. This law regulates children's rights, parental responsibilities, child care, as well as handling cases of violence and abuse against children. This research aims to find out and explain the legal considerations taken by the judge in making a decision in the criminal case of child rape in case no. 1/Pid.Sus-Anak/2023/PN Bbs and to find out and explain the legal protection mechanisms provided to children who are victims of rape. This type of research is Normative. In this research, there are three approaches applied, namely an approach through analysis of legal regulations (statute approach), a case study (case study), and a conceptual approach (conceptual approach). Systematic Accountability in this research focuses on examining the Judge's Decision in the Child Rape case with case number No. 1/Pid.Sus-Anak/2023/PN Bbs in detail for each chapter and sub-chapter discussed, and provides supporting descriptions in the process of reviewing the Judge's Decision. Legal considerations (Ratio Decidendi) Decision No.1/Pid.Sus/Anak/ 2023/PNBBS consists of 4 elements, namely: Person or Human Element, Element of Deliberate Commitment of Deception, Element of Sexual Intercourse or Sexual Relations, Element of the person who commits it, the element that orders it to be carried out. and participate in doing it. The legal protection mechanism provided for child victims of rape is preventive: this can be done by providing information, education and understanding to the public about the applicable laws and regulations. Preventive Legal Protection Efforts by providing legal counseling, providing administrative sanctions, as well as crime prevention measures such as security patrols and security supervision. In a repressive way; Restitution and providing medical assistance/psycho-social rehabilitation assistance can be carried out in the context of restoring the victim's condition from all aspects. The restitution mechanism is regulated in Article 5 of PERMA Number 1 of 2022 concerning Procedures for Settlement of Applications and Providing Restitution and Compensation to Victims of Crime.
Co-Authors Aisyah, Radina Nur Angelia, Ister Ardhiansyah, Hendra Yudha Arrofi, Rendi Azmi Syahputra Budiarsih Budiarsih, Budiarsih Chaidar, Muhammad Che Ngah, Anisah Dharmawan, I Komang Aries Erny Herlin Setyorini, Erny Herlin Ferry Irawan Frans Simangunsong Geuvarra, Arsyah Gunawan, Bambang Panji Heryawan, Rio Dedy Imran, Muhammad Dzar Kamaruddin, Zaleha Krisnadi Nasution Laura Bachsin, Jennifer Mardiwel, Mardiwel Miarsa, Fajar Rachmad Dwi Muntini, Muntini Nasution, Ali Napiah Naurah, Thaliah Zalfa Nawang, Nazli Bin Ismail Noviekayati, IGAA. Panji Asmara, Gregorius Yoga Pirena Putri, Revita Pradana, Alifian Maulana Nanda Purba, Melana Purboyo, Ardi Purnamasari, Sofia Rosalinda Elsina Latumahina, Rosalinda Elsina S Endang Prasetyawati Slamet Suhartono Sujono, Imam Syofyan Hadi Tomlins, Richard Triasmono, Hari Vitrianingsih, Yeni Waisapi, Jeffry Yuliyanto Widayata, Andhika Tedja Widodo Tresno Novianto Yandri Radhi Anadi Yaqub Cikusin Young, Felina C Zuhair, Naufal