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Penuntutan terhadap Perkara Anak dalam Sistem Peradilan Pidana Anak di Indonesia Nurbadaliah, Siti; Munawar, Akhmad; Megasari, Indah Dewi
Jurnal Hukum Lex Generalis Vol 4 No 7 (2023): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v4i7.782

Prosecution of children's cases in the juvenile criminal justice system in Indonesia focuses on the principles of restorative justice, which aims at the rehabilitation and social reintegration of children. Even though Law no. 11 of 2012 concerning the Juvenile Criminal Justice System (JCJS) regulates the protection of children's rights, prosecution practices often face obstacles, such as a lack of understanding by law enforcement officials regarding restorative approaches and limited rehabilitation facilities. This research aims to analyze the prosecution mechanism, the role of prosecutors, and the challenges that exist in the juvenile criminal justice system. The research results show the need to strengthen the capacity of law enforcement officers, improve rehabilitation facilities, and community understanding to realize the goals of an effective and fair juvenile criminal justice system.

Pertanggungjawaban Hukum Pidana terhadap Malpraktik Medis pada Rumah Sakit Putri, Renita Meidiana; Munawar, Akhmad; Sudiyono
Jurnal Hukum Lex Generalis Vol 4 No 7 (2023): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v4i7.783

Malpractice is an error or negligence committed by professional staff, such as doctors, lawyers, accountants, dentists or veterinarians, which do not comply with professional standards. In reality, malpractice still often occurs, both in hospitals and medical personnel, even though there are several legal instruments that regulate hospitals and medical practice with sanctions for violators of health laws. The aim of this research is to explore existing deficiencies in legal policies, and propose new legal policies in order to optimally prevent and overcome hospital malpractice. The research method used is a normative research method by examining aspects of criminal law in health law regarding malpractice, as well as theories and expert opinions for better legal policy proposals. From the qualitative analysis of data on primary and secondary legal materials, the following results were obtained: first, there are weaknesses in the health law policy so that it cannot prevent and deal with malpractice optimally, namely the lack of completeness and lack of clarity regarding the formulation of malpractice and its strict sanctions, and a turn towards acts of resistance. the law and limitations of the hospital's responsibility for malpractice committed by doctors or medical personnel. Second, a new legal policy that can be proposed is by formulating clearly and in detail the limits of hospital malpractice in health law, accompanied by strict sanctions or accountability both criminally, civilly and administratively, hospitals.

Integrasi Asas Legalitas dan Asas Oportunitas: Suatu Kajian Komparatif terhadap Penerapannya dalam Praktik Penuntutan Muhammad; Munawar, Akhmad; Hanafi
Jurnal Hukum Lex Generalis Vol 4 No 7 (2023): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v4i7.790

The integration of the legality principle and the opportunity principle in prosecutorial practice in Indonesia is a complex issue that requires in-depth study. The legality principle, which demands legal certainty, often clashes with the opportunity principle, which grants prosecutors discretion in decision-making. This study analyzes the dynamics of the interaction between these two principles through a literature review and case studies. The findings indicate challenges in achieving a balance between the two, particularly in defining the boundaries of prosecutorial authority and objective criteria for applying the opportunity principle. The study concludes that there is a need for regulatory improvements, increased transparency, and effective oversight mechanisms to ensure that the application of the opportunity principle does not deviate from the principles of justice and legal certainty.

Analisis Hukum terhadap Perlindungan Whistleblower dalam Mendukung Kebebasan Berpendapat di Indonesia Sari, Aina Pramita; Munawar, Akhmad; Rahmathoni, Lutfi Yusup
Jurnal Hukum Lex Generalis Vol 4 No 7 (2023): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v4i7.791

Freedom of opinion and protection of whistleblowers are two critical aspects in maintaining transparency and accountability in Indonesia, particularly within the context of a healthy democracy. Article 28E, Paragraph (3), and Article 28F of the 1945 Constitution guarantee the right of every individual to express opinions, access information, and communicate freely. However, the implementation of freedom of opinion often faces obstacles, especially in relation to the ITE Law, which contains multi-interpretive articles, such as Article 27, Paragraph (3), and Article 28, Paragraph (2). These provisions are frequently used to criminalize individuals who express criticism or file public reports. This creates an imbalance between the right to freedom of expression guaranteed by the constitution and the inconsistent application of the law. This article also underscores the importance of legal protection for whistleblowers, who often face both physical and legal threats. While existing legal protections, such as Law No. 13 of 2006 in conjunction with Law No. 31 of 2014 regarding Witness and Victim Protection, provide a legal foundation, their implementation remains limited in the digital context. Therefore, harmonizing regulations, including revising the ITE Law, is essential to ensure that both freedom of expression and whistleblower protection are properly safeguarded. Reform in Indonesia's legal system is urgently needed to create a safe environment for the public to voice their opinions and report violations. This, in turn, will strengthen transparency, prevent corruption, and bolster democracy in Indonesia.

Paradigma Baru Hukum Acara Pidana: Rekonstruksi Perlindungan Hak Asasi Tersangka dalam Proses Peradilan Noor, M. Supian; Munawar, Akhmad; Rahmathoni, Lutfi Yusup
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i12.821

The Indonesian criminal justice system faces significant challenges in balancing legal certainty and the protection of suspects' human rights. Although the presumption of innocence principle is enshrined in various laws and regulations, pretrial detention practices are often misused by law enforcement officials as a psychological pressure tool against suspects. Article 21 of the Indonesian Criminal Procedure Code (KUHAP) grants broad discretionary powers to investigators and prosecutors in determining detention, without stringent judicial oversight. This situation creates a high risk of arbitrary criminalization, which contradicts the fair trial principle as stipulated in the International Covenant on Civil and Political Rights (ICCPR). This article analyzes the fundamental weaknesses in the criminal procedural law system, particularly in detention mechanisms and pretrial judicial oversight, and proposes a more just and accountable system reconstruction. KUHAP reform is necessary to establish stricter minimum evidence standards before detention, expand pretrial judges' authority to assess the substance of evidence, and strengthen independent oversight of detention decisions made by law enforcement officials. By implementing these reforms, Indonesia's criminal justice system can become more transparent, accountable, and aligned with internationally recognized human rights protection principles.

HANDLING OF MINOR CRIMES OF THEFT IN OIL PALM PLANTATIONS Rahman, Rojali; Munawar, Akhmad
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1406

Palm oil plantations play a vital role in Indonesia's economy but face issues of palm fruit theft with losses valued under IDR 2.5 million. Since the implementation of Supreme Court Regulation (PERMA) No. 2 of 2012, such theft cases have been resolved through restorative justice (RJ), which has proven insufficient in providing a deterrent effect. Offenders frequently repeat their actions, resulting in economic losses for companies and social unrest in communities. This study evaluates the effectiveness of RJ in addressing minor theft cases in palm oil plantations in Tanah Laut, South Kalimantan. Using normative legal methods and case analysis, it was found that RJ often imposes lenient sanctions, such as signing statements or temporary confiscation of theft tools. This leniency motivates offenders to exploit legal loopholes without fear of serious consequences. Challenges in RJ implementation include social protection for offenders by village officials, limited supervision, and inadequate security personnel in vast plantation areas. The study recommends stricter sanctions, such as recording offenders’ criminal records in police databases to enhance deterrence. Strengthening collaboration between companies and law enforcement is also necessary to prevent repeated theft. The application of RJ in minor theft cases in palm oil plantations needs revision to be fairer and more effective in protecting companies, communities, and deterring offenders. This study aims to contribute to the development of more adaptive legal policies tailored to local needs.

Judge Freedom Versus Accountability on Oversight System and Ethics Enforcement Mechanism in Criminal Justice in Indonesia Pramono, Gunadi; Hidayatullah, Hidayatullah; Munawar, Akhmad
JURNAL AKTA Vol 12, No 1 (2025): March 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.v12i1.42391

This study examines the delicate balance between judicial independence and accountability within Indonesia's criminal justice system, focusing on mechanisms of oversight and ethical enforcement. Judicial independence serves as a fundamental pillar in ensuring impartial court decisions; however, it necessitates a robust accountability system to prevent abuses of power and maintain public trust. Using a normative juridical method, this research analyzes the legal framework governing judicial oversight and ethics enforcement mechanisms. Findings suggest that while Indonesia has established institutions such as the Judicial Commission and the Supreme Court to oversee judicial conduct, their coordination remains suboptimal. The lack of enforcement power for the Judicial Commission often results in ethical violations not being adequately addressed. Additionally, judges frequently face external pressures, particularly in high-profile cases, which may compromise their independence. This study highlights key challenges, including structural limitations in the supervisory system, public and media influence on judicial decision-making, and insufficient transparency in ethical oversight. To strengthen judicial integrity, the research recommends enhancing the authority of the Judicial Commission, improving inter-institutional coordination, and increasing transparency in judicial accountability processes. These findings contribute to the ongoing discourse on legal reform in Indonesia and propose strategies to ensure a fairer and more accountable judiciary.

Legal Review of SISKA KU INTIP Program as Substitution for Plasma Obligations in Livestock Partnerships Rahman, Rojali; Munawar, Akhmad; Hidayatullah, Hidayatullah; Listiyani, Nurul; Megasari, Indah Dewi
JURNAL AKTA Vol 12, No 3 (2025): September 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.v12i3.46063

This research examines the SISKA KU INTIP Program (Palm Oil–Cattle Integration System Based on Core–Plasma Livestock Business Partnerships) as a role model for partnerships between palm oil plantation companies and communities. This program is an alternative to the obligation to build plasma plantations of 20% of the area regulated in Law No. 39 of 2014 concerning Plantations. In practice, limited land and high levels of agrarian conflict often hinder the implementation of plasma. SISKA KU INTIP offers a more flexible and productive solution through a palm-cattle integration. This research aims to: (1) find out how the SISKA KU INTIP program is implemented in oil palm plantations, and (2) analyze the legal politics in supporting this program as a role model for developing cattle-oil palm integration as a substitute for plasma obligations in Indonesia. The research method was normative juridical, with a statutory regulation and legal policy approach. Data was obtained through a literature study of primary, secondary, and tertiary legal materials. The analysis is carried out systematically, teleologically, in legal politics, legal discovery (reasoning and interpretation), and legal certainty. The research results show that although it has not been explicitly regulated as a substitute for plasma obligations, SISKA KU INTIP has a legal basis in various supporting sectoral and regional regulations. In addition, several academic studies have been conducted regarding the results or impact of SISKA KU INTIP on the plantation sector. This program can be applied normatively, technically, and socially as a model for substituting plasma obligations, as long as there is policy harmonization between the central and regional governments. This program also supports social justice and sustainable development through the values of Pancasila and the 1945 Constitution.

Integration of Smart Machine Presence Using RFID E-Money Cards for Employee Attendance Management at Universitas Negeri Semarang Yanuarto, Alfath; Septian, Dinar Diaz; Munawar, Akhmad; Putra, Anggyi Trisnawan; Ramadhan, Andika Enggal; Kumorowati, Bhekti
International Journal of Active Learning Vol. 9 No. 1 (2024): April 2024
Publisher : Universitas Negeri Semarang

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

The study aims to improve the effectiveness of the online attendance system at Universitas Negeri Semarang (UNNES). The existing system, reliant on web-based input via tokens and employee identification numbers, suffers from inefficiencies and potential inaccuracies due to proxy attendance. These limitations hinder productivity and the accuracy of performance appraisals. To address these challenges, a Smart Machine Presence system was designed and implemented, utilize RFID e-money cards which become employee Identification cards (ID Card) to streamline the process and eliminate the need for manual input. This novel system employs Raspberry Pi 4 Model B technology, integrated with RFID readers and camera modules for robust authentication. The research utilized a three-stage approach: system needs analysis, prototype design, and system development. Usability testing conducted with 20 participants using the System Usability Scale (SUS) yielded a score of 86.8, indicating high user satisfaction and effectiveness. The proposed system demonstrated significant advantages, including improved data validity, enhanced operational efficiency, and reduced resource costs compared to traditional systems. This study concludes that the Smart Machine Presence system is a cost-effective, efficient, and scalable solution for modern attendance management systems.

HANDLING OF MINOR CRIMES OF THEFT IN OIL PALM PLANTATIONS Rahman, Rojali; Munawar, Akhmad
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1406

Palm oil plantations play a vital role in Indonesia's economy but face issues of palm fruit theft with losses valued under IDR 2.5 million. Since the implementation of Supreme Court Regulation (PERMA) No. 2 of 2012, such theft cases have been resolved through restorative justice (RJ), which has proven insufficient in providing a deterrent effect. Offenders frequently repeat their actions, resulting in economic losses for companies and social unrest in communities. This study evaluates the effectiveness of RJ in addressing minor theft cases in palm oil plantations in Tanah Laut, South Kalimantan. Using normative legal methods and case analysis, it was found that RJ often imposes lenient sanctions, such as signing statements or temporary confiscation of theft tools. This leniency motivates offenders to exploit legal loopholes without fear of serious consequences. Challenges in RJ implementation include social protection for offenders by village officials, limited supervision, and inadequate security personnel in vast plantation areas. The study recommends stricter sanctions, such as recording offenders’ criminal records in police databases to enhance deterrence. Strengthening collaboration between companies and law enforcement is also necessary to prevent repeated theft. The application of RJ in minor theft cases in palm oil plantations needs revision to be fairer and more effective in protecting companies, communities, and deterring offenders. This study aims to contribute to the development of more adaptive legal policies tailored to local needs.

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