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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah International Journal of Law Reconstruction Pena Justisia: Media Komunikasi dan Kajian Hukum Khazanah Hukum Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung Jurnal Konstatering TABELLIUS
Suwondo, Denny
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Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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The Legal Protection of Personal Data in the Perspective of Human Rights Suwondo, Denny
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.419-429

Abstract

In the history of its development, privacy is a concept that is universal and recognized in various countries both written in the form of laws and unwritten in the form of moral rules. Protection of personal rights or private rights will increase human values, improve the relationship between individuals and their communities, increase independence or autonomy to exercise control and obtain decency, and increase tolerance and keep away from discrimination and limit government power. The purpose of this research is to discuss the Construction of Personal Data Protection Arrangement in Indonesia and Personal Data Protection from Human Rights Perspective. Law No. 27 of 2022 on Personal Data Protection, it can be observed that there is some progressiveness regarding personal data in Indonesia. It can be seen in terms of legal politics, understanding, information, personal data processors, personal data controllers, and personal data subjects who are not only people but also companies / legal entities. So that the politics of law in this arrangement can be seen in the active role of the government starting from regulation, storage, processing, transfer, to countermeasures both preventively and repressively (imposition of sanctions). Novelty in this research is that regulatory efforts related to the right to privacy of personal data are a manifestation of the recognition and protection of basic human rights. Therefore, the preparation of the Law on Personal Data Protection has a strong philosophical foundation and can be accounted.
Police Responsibilities in Security Using Tear Gas in Relation to Child Protection Siburian, Dorprawati; Suwondo, Denny
Jurnal Hukum Khaira Ummah Vol 20, No 1 (2025): March 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i1.43974

Abstract

This research is an answer to the problem. This type of research is field research, using a sociological legal analysis method, meaning that the type of research used is legal research that is sourced from legislation and approaches related to social theory. The theories used in this study are the Legal Certainty theory from Gustav Radbruch and the Legal Protection theory from Christine STKansil. Referring to the regulation of the Chief of Police No. Pol 16 of 2006 concerning guidelines for crowd control, a warrant is prepared for security activities, training is carried out for personnel appointed to fire tear gas, checking the expiration date of the tear gas to be used, and an attempt is made to reprimand them to be calm or conducive (building communication to avoid more aggressive security efforts). Children are not allowed to be in crowds or in areas that endanger the physical safety of children, but if there are conditions that turn out to be children in vulnerable or dangerous areas, then an appeal is the most important thing. The role of DP3AP2KB in providing advocacy and community education is expected to support efforts to prevent and overcome child protection for their participation in violence, and securing the masses who are forced to use tear gas must be in accordance with Police SOP. The main objective in this protection role is to ensure that the use of tear gas is carried out in a manner that is in accordance with ethical standards and human rights, and to minimize the risk of injury to all parties involved.
Integrating Australian Employment Law Practice in Support of People with Disabilities in Indonesia Arpangi; Suwondo, Denny; Laksana, Andri Winjaya; Yassine, Chami
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44946

Abstract

Individuals with disabilities encounter markedly diminished work prospects relative to their non-disabled counterparts, attributable to societal hurdles, cultural bias, and inadequate legal safeguards. This study seeks to assess and incorporate inclusive employment practices from Australia into the legal and institutional framework of Indonesia. The research employs a normative legal method, incorporating doctrinal analysis and comparative study, to examine Australia's *Disability Employment Services (DES)* framework and the *Disability Discrimination Act 1992 (DDA)*, revised as of July 2023. The contrast underscores possible adaptations within Indonesia’s employment legislation framework, which remains deficient in explicit procedures for reasonable accommodation, efficient enforcement of disability employment quotas, and organized career coaching assistance.  Furthermore, the study highlights significant disparities in institutional capability and legal culture between the two nations—Australia maintains a rights-based anti-discrimination legal framework, but Indonesia persists with sectoral and charity-focused methodologies. The results demonstrate that the partial integration of DES and DDA concepts is achievable, contingent upon contextual modifications to accommodate Indonesia's socio-political conditions, institutional constraints, and prevailing legal structures. Essential recommendations encompass the formulation of adaptable work accommodation regulations, the introduction of wage subsidies or tax incentives, the creation of training programs specific to disability categories, and the enhancement of employment oversight agencies equipped to combat workplace discrimination. These findings confirm that implementing Australia’s inclusive employment policies could strategically advance the establishment of a fairer and empowered workplace for individuals with disabilities in Indonesia, aligning with global standards and Indonesia’s constitutional commitment to equality.
Legal Analysis of the Death Penalty in Drug Crimes Case Study: (Supreme Court Decision Number 145 Pk/Pid.Sus/2016) Hulopi, Nederlan; Suwondo, Denny
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46166

Abstract

Drug crimes are one of the extraordinary crimes that have a wide impact on health, social, and national security aspects. The Indonesian government has imposed strict criminal sanctions, including the death penalty, as an effort to create a deterrent effect on the perpetrators. The Supreme Court Decision Number 145 PK/PID.SUS/2016 in the name of Fredi Budiman is one of the prominent cases that shows how the death penalty is applied in large-scale drug trafficking cases. This study was conducted to analyze the legal basis for the application of the death penalty in this case. This study uses a normative legal method with a statutory approach and case studies. Data were obtained through a literature study covering statutory regulations, legal literature, and related court decisions. The analysis was conducted qualitatively by examining the consistency of the application of the law and the legal arguments used by the Supreme Court in sentencing the defendant to death. The results of the study indicate that the application of the death penalty in the Fredi Budiman case was based on the consideration of the severity of the social impact and the very large amount of narcotics. The Supreme Court considered the defendant's position as the main actor in an international narcotics syndicate and his active role in controlling drug trafficking in Indonesia. The application of the death penalty in this decision was considered to be in accordance with the provisions of applicable positive law and reflected the spirit of law enforcement against extraordinary crimes. The Supreme Court in its decision emphasized that the death penalty is still relevant to provide a deterrent effect and as an effort to protect society. However, there is debate about the effectiveness and fairness of the death penalty in the context of human rights and the possibility of improving the criminal justice system. This study recommends the importance of continuous evaluation of the application of the death penalty, especially in terms of accountability, proportionality, and guarantees of due process of law.
Analysis of Termination of Prosecution of Drug Abusers for Self-Deterrence Based on Restorative Justice (Case Study: West Jakarta District Attorney's Office) Darmawan, R. Alif Ardi; Suwondo, Denny
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46185

Abstract

The restorative justice approach in resolving drug abuse cases for oneself is an alternative that emphasizes recovery and rehabilitation, not just punishment, as reflected in the implementation at the West Jakarta District Attorney's Office. The purpose of this study is to analyze the implementation of the termination of prosecution against drug abusers for themselves based on restorative justice at the West Jakarta District Attorney's Office, analyze the obstacles and solutions to the termination of prosecution against drug abusers for themselves based on restorative justice at the West Jakarta District Attorney's Office and analyze the efforts of the West Jakarta District Attorney's Office towards the termination of prosecution against drug abusers in the future. The approach method used in compiling the thesis is sociological legal research. Specifications in this study descriptive analysis. The theories used include restorative justice theory and legal system theory. The results of this study are (1)The implementation of the termination of prosecution against drug abusers for themselves based on restorative justice at the West Jakarta District Attorney's Office, shows the commitment of law enforcement institutions to prioritize a rehabilitative approach in handling drug cases. The suspect RBS, who was proven to be only a user, was not involved in a drug distribution network, and showed good faith, was positioned as an individual who deserves to be restored through rehabilitation, not imprisonment. (2) The implementation of restorative justice at the West Jakarta District Attorney's Office still faces weaknesses. In terms of legal substance, Attorney General Regulation Number 15 of 2020 provides a strong basis, but there are no clear regulations in the Criminal Procedure Code regarding the termination of prosecution based on restorative justice. The legal structure, the main challenge lies in the uneven understanding among law enforcement officers. In terms of legal culture, the community and law enforcement officers are still trapped in a retributive paradigm that prioritizes criminal penalties. For this reason, changes in the substance of the law are needed by revising Article 140 paragraph (2) of the Criminal Procedure Code, strengthening the institutional structure with training, and providing socialization about restorative justice to the community. (3) The efforts of the West Jakarta District Attorney's Office towards the termination of prosecution of drug abusers in the future by prioritizing a more humanistic legal approach through the implementation of restorative justice based on Pancasila values. By making restorative justice the main policy, forming a special RJ team, and strengthening cross-sector coordination.
Effectiveness of Implementation of Police Role in Mediating Indigenous Community Conflicts (Study at Sorong City Police Department) Panjaitan, Junias Hasintongan; Suwondo, Denny
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46023

Abstract

Conflicts in indigenous communities, particularly customary land disputes, present significant challenges due to the coexistence of customary and state legal systems. In this context, the police play a crucial role as mediators to bridge these two legal frameworks and achieve fair and peaceful resolutions. This study aims to examine the effectiveness of police role implementation in mediating indigenous community conflicts at Polresta Sorong Kota. Employing a qualitative approach with data collected through interviews, observations, and document analysis, the study reveals how the police perform mediation functions and the obstacles encountered. Findings show that although the police strive to mediate through dialogue and deliberation approaches while integrating customary and formal laws, significant challenges remain regarding knowledge of customary law, cultural training, and operational guidelines. Enhancing mediation effectiveness can be achieved through officer training and active involvement of customer leaders. Effective mediation positively impacts dispute resolution without violence, maintains social harmony, and improves the sense of justice among indigenous people. The study recommends strengthening officer capacity, establishing clear guidelines, and collaboration with related institutions to support more effective and sustainable mediation of indigenous community conflicts.
Implementation of Restorative Justice in the Criminal Act of Illegal Retail Sale of Petroleum (BBM) (Case Study at the Mojokerto District Attorney's Office) Almira, Zhafirah Nisa; Suwondo, Denny
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46253

Abstract

Legal retail fuel sales are an event that is often encountered in society, but many people do not have permission from the authorities in the activity of buying and selling Pertalite fuel so that people will be subject to the Oil and Gas Law. This thesis aims to study and analyze: First, How is the Implementation of Restorative Justice in the Criminal Act of Illegal Retail Fuel Sales (Case Study at the Mojokerto District Attorney's Office), Second, what are the obstacles and solutions in the Implementation of Restorative Justice in the Criminal Act of Illegal Retail Fuel Sales, Third, how is the implementation of Restorative Justice against the Criminal Act of Illegal Retail Fuel Sales in the future. The approach method used in this study is a sociological legal approach, the research specifications used are descriptive normative, primary and secondary data sources and using qualitative analysis. This writing is analyzed with the theory of justice, restorative justice, and the legal system. Based on the research results, it can be concluded: (1) the application of Restorative Justice in the Criminal Act of Retail Sale and Purchase of Fuel Oil (BBM) at the Mojokerto District Attorney's Office is not only based on normative rules but also considers the level of reprehensibility, social and economic conditions, and losses by prioritizing humanistic law enforcement, (2) the obstacles in the application of RJ for retail sale and purchase of fuel oil are the rules that limit a case that can be RJ, socialization regarding the rules for the sale and purchase of fuel oil has not been implemented widely, there is still subjectivity in determining whether a case can be RJ or not, the solution is to align views and use conscience in implementing restorative justice, conduct socialization regarding the sale and purchase of fuel oil in retail so that there is no more ignorance of the law in society, review regulation 15 of 2020 concerning termination based on restorative justice regarding the requirements for restorative justice, (3) the application of Restorative Justice to the Criminal Act of Illegal Retail Sale and Purchase of Fuel Oil (BBM) in the future, namely the termination of prosecution based on restorative justice in the Attorney General's Office of the Republic of Indonesia is an effort to reform the national legal system which has so far only adhered to the positivist paradigm and as Ultimum remedium which means "last resort" or "last resort".
PERLINDUNGAN HUKUM BAGI DEBITUR TERHADAP PARATE EKSEKUSI OBJEK JAMINAN FIDUSIA (STUDI KASUS DI PT. BCA FINANCE CABANG SEMARANG) Sari, Devi Nofita; Suwondo, Denny
Jurnal Ilmiah Penelitian Mahasiswa Vol 4, No 3 (2025): SEPTEMBER 2025
Publisher : Jurnal Ilmiah Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Parate eksekusi jaminan fidusia kerap dilakukan sepihak tanpa mekanisme peradilan sehingga berpotensi melanggar hak debitur. Putusan MK No. 18/PUU-XVII/2019 menegaskan bahwa eksekusi hanya sah jika terdapat pengakuan wanprestasi atau penetapan pengadilan. Penelitian ini bertujuan menganalisis perlindungan hukum debitur pasca putusan tersebut, serta kendala dan solusi pelaksanaan parate eksekusi di PT BCA Finance Cabang Semarang. Penelitian menggunakan metode yuridis sosiologis dengan pendekatan deskriptif kualitatif melalui observasi, wawancara, dan studi kepustakaan. Hasil penelitian menunjukkan perlindungan hukum terhadap debitur belum terlaksana sesuai amanat Putusan MK karena eksekusi masih dilakukan sepihak dengan melibatkan pihak ketiga tanpa pengawasan. Kendala utama meliputi lemahnya pemahaman hukum, minimnya pengawasan, dan kurangnya sosialisasi. Solusi yang disarankan adalah pelatihan hukum bagi debt collector, penguatan SOP, dan pendekatan persuasif kepada debitur. Diperlukan penguatan regulasi dan pengawasan agar perlindungan hukum debitur dapat terwujud secara adil dan transparan.Kata kunci : Perlindungan Hukum, Debitur, Parate Eksekusi, Jaminan Fidusia
Criminal Responsibility for Criminal Acts of Misuse of Transportation and Trade of Subsidized Fuel Oil (Study of Decision Number 434/Pid.B/Lh/2022/Pn.Mgl) Hasiholan Sinaga, Rivaldo Grifier; Suwondo, Denny
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48082

Abstract

Natural resources are anything that comes from nature that can be used to meet human needs. Indonesia's agricultural products are used for the welfare and prosperity of the people for the development of national development in Indonesia. However, in reality there are still many people who abuse the transportation and trade of subsidized diesel fuel. The criminal act of misuse of the transportation and trade of subsidized diesel fuel is regulated in the provisions of Article 55 of Law Number 22 of 2001 concerning Oil and Natural Gas, the act of transporting, storing distribution, stockpiling and selling Fuel Oil (BBM). Therefore, this research aims to know criminal responsibility of perpetrators of criminal acts of illegal transportation and trading of subsidized fuel, and then to know to apply criminal sanctions to perpetrators of criminal acts of illegal transportation and trading of subsidized fuel in the judge's decision. The approach method used in this research is a sociological juridical approach. The research specifications used are descriptive analysis, primary and secondary data sources and using qualitative analysis. This writing analyzes the problems analyzed using the theory of responsibility and the theory of legal certainty. Based on the research results, the responsibility of perpetrators of criminal acts of illegal transportation and trading of subsidized fuel is to be held accountable for their actions which violate Indonesian criminal law or can be called criminal acts. Criminal responsibility needs to fulfill at least 3 (three) elements formulated by law and there is a criminal threat for the action. Thus, according to this act, it violates Article 40, 9, Paragraph 5, Part Four, Chapter 3 of Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation which amends Article 55 of Law of the Republic of Indonesia Number 22 of 2001 concerning Oil and Natural Gas jo. Article 55 paragraphs (1) 1 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law and other relevant laws and regulations. The application of criminal sanctions to perpetrators of the crime of illegally transporting and trading in subsidized fuel is an act of intentionally misusing the transport and/or trade in government-subsidized oil, gas and/or liquefied petroleum gas, which is a criminal offence.
Law Enforcement Against the Criminal Acts of Murder in Jurisdiction Metro Jaya Regional Police Bagus Pambudi, Idham; Suwondo, Denny
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48151

Abstract

The purpose of this research is to find out and analyze; 1) implementation of law enforcement against the crime of mugging in the jurisdiction of the Metro Jaya Regional Police; and 2) formulation of formal law enforcement against the crime of mugging in the jurisdiction of the Metro Jaya Regional Police. The approach method used is sociological juridical, meaning that the method or procedure used by the author is to go directly to the field to obtain updated primary data related to the research topic, namely data regarding law enforcement efforts against the crime of mugging in the jurisdiction of the Metro Jaya Regional Police. Sociological juridical research is conducted by examining the law in reality in society. The results of the study show that: 1) The police as law enforcers are obliged to be responsible for criminal acts committed by members of the mugging group in order to prevent and overcome criminal acts that occur in the jurisdiction they are responsible for through law enforcement. The efforts made by Polda Metro Jaya in enforcing the law on the crime of mugging in the jurisdiction of Polda Metro Jaya are through 2 (two) approaches, namely through preventive efforts and repressive efforts which result in legal sanctions or create a deterrent effect for groups of muggers who have committed crimes; 2) The formulation of law enforcement against the crime of mugging in the jurisdiction of Polda Metro Jaya involves preventive and repressive measures. Preventive efforts include; 1) increasing security by conducting routine patrols, raids, and special operations in areas prone to mugging, especially at night; 2) Counseling and socialization by providing counseling to the community about the dangers of mugging and how to avoid it, as well as increasing legal awareness; 3) Cooperation with the community by forming a voluntary security team, such as FKPM, Pokdar Kamtibmas, and involving community leaders, youth, and religious leaders in prevention efforts, and 4) Supervision and early detection by increasing supervision in areas prone to robbery and conducting early detection of potential criminal acts. Repressive efforts include: 1) Investigation and inquiry by conducting a quick and thorough investigation and inquiry into cases of robbery that occur, by collecting strong evidence; 2) Arrest, namely arresting the perpetrators of robbery based on sufficient evidence; 3) Prosecution, namely prosecuting the perpetrators in court in accordance with applicable legal provisions, and 4) Imposing sanctions, namely giving sanctions appropriate to the perpetrator's actions, including imprisonment and fines.
Co-Authors Almira, Zhafirah Nisa Andri Winjaya Laksana, Andri Winjaya Arpangi Arpangi Arpangi, Arpangi Aulia, Febriana Putri Bagus Pambudi, Idham Darmawan, R. Alif Ardi Haji Mohiddin, Mas Nooraini binti Hasiholan Sinaga, Rivaldo Grifier Hulopi, Nederlan Indah Purwanti Jawade Hafidz Kasih, Chintya Cinta Larasati, Galuh Malidu, Risma Safitri Nur Hidayat, Yudhi Taufiq Panjaitan, Junias Hasintongan Saputra, Iksan Sari, Devi Nofita Satmoko Anggoro, Irawan Siburian, Dorprawati Sri Kusriyah, Sri Sri Lestari Syahputra, Muhammad Rizqi Widayati Widayati winanto, winanto Yassine, Chami