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Digital Transformation In Handling Sexual Violence In Higher Education Institutions Heliany, Ina; Windiyastuti , Feny; Laela, Sofa
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2502

Abstract

This study aims to analyze the implementation of digital transformation in addressing sexual violence cases within higher education institutions by emphasizing the role of protection and assistance task forces through a feminist policy perspective. The research employed a descriptive qualitative method with data collection techniques including in-depth interviews, observations, and document reviews. The data were analyzed using a thematic approach to identify patterns, challenges, and opportunities for strengthening digital-based reporting and assistance mechanisms. The findings indicate that the existence of digital reporting systems contributes to improved accessibility and confidentiality for victims, yet still faces obstacles in terms of outreach, human resources, and technological sustainability. The role of the task force is proven to be crucial in ensuring victim-centered assistance, although capacity building and institutional support remain necessary for optimal system performance. Overall, digital transformation has the potential to serve as a strategic instrument in creating a safe, just, and responsive college environment for victims.
APPLICATION OF CONJUGAL VISIT IN THE INDONESIAN STATUTORY SYSTEM FOR CORRECTIONAL ASSISTED PERSONS Heliany, Ina; Sihotang, Muhenri
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 4 No 2 (2022)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v4i2.158

Abstract

The problem of meeting the sexual needs or biological needs of prisoners is a problem that is often the cause of chaos in prisons. The non-channeling of these needs sometimes causes the inmate's emotions to become uncontrollable. In Indonesia, some provisions allow married prisoners to gather with their families through CMK (Family Visiting Leave) as stipulated in the Decree of the Minister of Justice of the Republic of Indonesia Number: M.01-PK.03.02 of 2001 concerning Family Visiting Leave for Prisoners. This regulation provides an opportunity for married inmates to go to their family's residence for 2 (two) days or 2 x 24 hours to allow the married prisoner to meet his sexual needs while taking time off. However, in practice, these regulations have yet to be maximized because this is often used by officers and has become a topic of discussion in the mass media. Various opinions and studies mention the need for prisoners to be given this right, one of which is the Conjugal Visit policy. Conjugal Visit is also often referred to as the "Romance Chamber". Based on this, researchers are interested in researching how the Indonesian Law Regulation system regulates conjugal visits. The method used is the Normative Juridical method. They are namely answering problems through literature both primary, secondary and tertiary. The assumption found is that Cobjugal Visit has yet to be regulated and has no legal umbrella. However, this is a basic right for every human being having his status, whether he is a Prisoner or a free man.
Harmonisasi Peraturan Daerah Pemerintah Kabupaten Tegal Dengan Peraturan Pemerintah Pengganti Undang Undang Nomor 2 Tahun 2022 Tentang Cipta Kerja Taufik, Moh.; Heliany, Ina
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.v4i2.9566

Abstract

Pengembangan aturan hukum harus mengedepankan prinsip-prinsip hukum. Prinsip supremasi hukum harus dibangun dan dikembangkan sesuai dengan prinsip-prinsip demokrasi atau kedaulatan rakyat, dan tidak boleh diabaikan. Dalam rangka mempercepat implementasi UU Cipta Kerja, Presiden Jokowi menekankan kepada daerah daerah bahwa Peraturan Daerah yang ada diharapkan dapat melakukan sinkronisasi dan harmonisasi dengan UU Cipta Kerja. Perpu Nomor 2 Tahun 2022 tentang Cipta Kerja. Studi Ini adalah Studi Yuridis Normatif . Tujuan dari penelitian ini adalah untuk mengetahui bagaimana menyelaraskan peraturan daerah yang ada di lingkungan Pemerintah Kabupaten Tegal dengan Peraturan Pemerintah Pengganti Undang-Undang. Nomor 2 Tahun 2022 tentang Ciptaan Hak Cipta dan Hambatan dalam Proses Harmonisasi. Metode penelitian ini menggunakan metode analisis data kualitatif yang bersifat yuridis menyajikan norma dengan cara deskriptif. Pemerintah Daerah Kabupaten Tegal telah menerapkan harmonisasi peraturan daerah dengan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 tentang Cipta Kerja, namun tidak semua, karena terdapat berbagai kendala dalam pelaksanaan harmonisasi regulasi. Berbagai kendala yang ada dapat diatasi dengan melibatkan cabang eksekutif dan legislatif secara aktif serta berkolaborasi dengan akademisi, sehingga harmonisasi hukum dapat berjalan efektif dan sesuai dengan aturan hukum yang berlaku.
Penerapan Pasal 303 KUHP Berbasis Digital Judi Online Jo UU No. 19 Tahun 2016 Perubahan Atas UU No. 11 Tahun 2008 Tentang ITE Astuti, Cindy Dwi; Heliany, Ina
FOCUS Vol 6 No 1 (2025): FOKUS: Jurnal Ilmu Pengetahuan Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v6i1.1892

Abstract

At present, online digital gambling is very common in Indonesia, this gambling not only involves adults but also teenagers, especially the younger generation. That the legal rules have been regulated in the Criminal Code related to online gambling, but in fact in the field law enforcement officers have difficulty and even seem to allow online gambling crimes. How is the Implementation of Article 303 of the Criminal Code related to the crime of digital-based online gambling and How is the regulation of Online Gambling Crimes reviewed from the Perspective of the Criminal Code and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. This study uses the Normative Juridical research method. The method applied in this study is a qualitative descriptive method. The results of the study show that the application of Article 303 of the Criminal Code to online digital-based gambling crimes is no longer relevant because Article 303 of the Criminal Code does not regulate the elements of information technology. In Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, there are still weaknesses in its implementation. The government together with related institutions need to design more specific regulations to handle online digital-based gambling, which includes stricter law enforcement against all parties, including online gambling perpetrators. The need for legal reforms against online digital-based criminal crimes to special crimes so as not to damage the nation's generation and the nation's economy.
National Drug Resilience within the Legal Framework: An Analysis of Regulation and Implementation of Law Number 17 of 2023 Tjandrawinata, Raymond R.; Heliany, Ina
International Journal of Science and Society Vol 6 No 4 (2024): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v6i4.1339

Abstract

National drug resilience is a fundamental pillar for achieving health independence and sovereignty in Indonesia. Strengthening this resilience has become a strategic mandate outlined in Law No. 17 of 2023 on Health, emphasizing the critical role of producing pharmaceuticals, vaccines, medical devices, and natural-based medicines to support the national healthcare system. This article examines the regulatory aspects, implementation, and challenges of realizing national drug resilience through a normative juridical approach. The integration of progressive legal theory, utilitarianism, and the welfare state model is the primary analytical framework for evaluating policy effectiveness. This approach is reinforced by a human rights perspective, particularly the right to health as enshrined in Article 28H of the 1945 Constitution and international frameworks such as ICESCR. The findings highlight that synergy among adaptive legal policies, strengthening biodiversity-based research and innovation, and supporting local industries are key to reducing dependence on imported materials and enhancing global competitiveness. This article contributes to local legal literature by integrating legal theory with human rights frameworks in the context of pharmaceutical policy while offering practical recommendations for supporting sustainable drug resilience policies. It provides a theoretical and strategic foundation for bolstering the national healthcare system through an inclusive and progressive legal approach.
Ethics and Intellectual Property Rights in Genetic Therapy R. Tjandrawinata, Raymond; Heliany, Ina; Soelistyo Budi, Henry
Asian Journal of Social and Humanities Vol. 3 No. 5 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i5.500

Abstract

Genetic technology, particularly CRISPR-Cas9, has transformed the paradigm of treating genetic diseases by offering new hope for more effective and precise therapies. However, this advancement also presents significant ethical and intellectual property rights (IPR) challenges. This article explores the impact of patents on the development and accessibility of genetic therapy, as well as the ethical issues arising from human genetic modification, especially at the germline level. Using a qualitative analytical approach that combines literature reviews and case studies, the article examines patent disputes that have emerged in the development of CRISPR and how applied patent policies can exacerbate inequities in access to critically needed medical therapies. Furthermore, the article discusses ethical concerns regarding the misuse of genetic technology and its potential impact on future generations. In conclusion, the article proposes the need for more inclusive and balanced policies that prioritize both innovation and accessibility, as well as strict regulations to ensure the safe and ethical application of genetic technology, while considering broader social and cultural impacts.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI DALAM BENTUK SUAP (STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 77/PID.SUS-TPK/2023/PN.JKT.PST Rohadi, Rohadi; Heliany, Ina
Postulat Vol 2 No 2 (2024): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v2i2.1766

Abstract

Offering or promising something to a person with the intention of influencing them to perform or refrain from performing a duty contrary to their authority or obligation in the public interest is known as bribery. According to the Corruption Crime Act, any gift given to a state official or civil servant is considered a bribe. This research focuses on the legal liability of state officials who accept gifts and the factors considered by judges in deciding cases involving corrupt officials who receive gifts, as seen in the Central Jakarta District Court Decision Number 77/Pid.Sus-TPK/2023/PN Jkt.Pst. The findings of the study indicate that gratuities given to state officials or civil servants are deemed bribes if they are related to their position and contradict their duties or obligations. The first provision requires proof that the gratuity is not a bribe, while the second provision requires proof that the gratuity is valued at less than Rp10,000,000.00. The prosecutor provided evidence that the gifts in question constituted bribes. Failing to report the received benefits can result in fines of at least Rp200,000,000.00 (two hundred million rupiah) and up to Rp1,000,000,000.00 (one billion rupiah), as well as imprisonment for a minimum of 4 years and a maximum of 20 years or life imprisonment. The bribe giver may also face fines of at least Rp50,000,000.00 (fifty million rupiah) and up to Rp250,000,000.00 (two hundred fifty million rupiah), and imprisonment for a maximum of one to five years. Article 13 of Law No. 31 of 1999 on the Eradication of Corruption Crimes also includes additional penalties, such as fines of up to Rp150,000,000.00 (one hundred fifty million rupiah) and/or imprisonment for up to 3 years. In decision number 77/Pid.Sus-TPK/2023/PN Jkt.Pst, the judge considered the degree of culpability, the charges under Article 12(b) in conjunction with Article 18 of Law No. 31 of 1999 on the Eradication of Corruption Crimes, as amended by Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999, in conjunction with Article 55 Paragraph (1) of the Penal Code and Article 64 Paragraph (1) of the Penal Code, as well as aggravating and mitigating factors.
Analisis Efektivitas Penerapan Pasal 36 Ayat 3 Undang Undang No 32 Tahun 2002 tentang Penyiaran Terhadap Pemirsa Anak Hadi, Adi Moh Kurnia; Heliany, Ina
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1906

Abstract

Television remains one of the main media for entertainment and information in Indonesia, even though digital media and streaming platforms are now increasingly developing. Watching television is a common activity among families, especially as a moment of togetherness after activities. However, along with the variety of shows provided by television stations, concerns have arisen regarding content that is not suitable for children. Shows that contain elements of violence, lies, slander, harassment, and even sensitive issues such as SARA and LGBT have the potential to damage children's psychological and social development. Therefore, it is important for parents to be more selective in controlling the shows their children consume. This research aims to evaluate the effectiveness of the implementation of Article 36 paragraph 3 of Law Number 32 of 2002 concerning Broadcasting in protecting children's broadcasts and how supervision and sanctions are applied to television stations that violate these provisions. This research uses qualitative normative legal research methods, with a focus on literature study and visual documentation analysis that utilizes primary, secondary and tertiary legal materials. The research results show that there are gaps in supervision and law enforcement regarding the broadcasting of children's shows in accordance with existing regulations. It is hoped that this research can provide input in developing broadcasting policies that are more effective and fairer for child protection in Indonesia.
Digital Transformation In Handling Sexual Violence In Higher Education Institutions Heliany, Ina; Windiyastuti , Feny; Laela, Sofa
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2502

Abstract

This study aims to analyze the implementation of digital transformation in addressing sexual violence cases within higher education institutions by emphasizing the role of protection and assistance task forces through a feminist policy perspective. The research employed a descriptive qualitative method with data collection techniques including in-depth interviews, observations, and document reviews. The data were analyzed using a thematic approach to identify patterns, challenges, and opportunities for strengthening digital-based reporting and assistance mechanisms. The findings indicate that the existence of digital reporting systems contributes to improved accessibility and confidentiality for victims, yet still faces obstacles in terms of outreach, human resources, and technological sustainability. The role of the task force is proven to be crucial in ensuring victim-centered assistance, although capacity building and institutional support remain necessary for optimal system performance. Overall, digital transformation has the potential to serve as a strategic instrument in creating a safe, just, and responsive college environment for victims.
Reassessing Diversion and Restorative Justice in Indonesia’s Juvenile Criminal System: Legal Paradigms, Policy Gaps, and Implementation Challenges Heliany, Ina; Tjandrawinata, Raymond R
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.46142

Abstract

Indonesia’s juvenile criminal justice system has embraced diversion and restorative justice as foundational principles following the enactment of Law No. 11 of 2012 on the Juvenile Criminal Justice System. This study critically examines the legal frameworks underpinning these principles, explores the policy gaps, and evaluates the implementation challenges that have emerged in practice. Employing a socio-legal qualitative methodology, this paper reviews statutory provisions, policy documents, and empirical research findings on diversion and restorative justice in Indonesia. The results reveal that while Indonesia’s legal reforms align with international standards on juvenile justice, significant inconsistencies persist in the practical application of diversion policies. Key barriers include uneven regional implementation, lack of standardized procedures, insufficient training for law enforcement, and societal resistance rooted in a punitive legal culture. The discussion offers a comprehensive analysis of these challenges and suggests strategic pathways to strengthen the restorative justice framework. The paper concludes by recommending policy reforms that incorporate local wisdom, enhance institutional capacity, and promote community involvement to ensure sustainable and effective juvenile justice practices in Indonesia.