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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Indonesia Private Law Review Jurnal Litigasi Amsir Al-Zayn: Jurnal Ilmu Sosial & Hukum Amsir Community Service Journal
Pransisto, Johamran
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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TESTING THE OMNIBUS LAW CONCEPT IN LEGAL THEORY: EVALUATING ITS EFFECTIVENESS AS A TOOL FOR SOCIAL ENGINEERING Purwanda, Sunardi; Wiwin, Wiwin; Pransisto, Johamran; Musran, Andi
Indonesia Private Law Review Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v5i1.3370

Abstract

This research examines the enactment of Law Number 6 of 2023, which formalizes Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation. The law reflects the Indonesian government's efforts to create and expand employment opportunities. However, it is crucial to investigate whether these efforts align with the broader interests of the community or merely serve the ruling elite's agendas. This study assesses whether the law, with its various mechanisms, effectively addresses social conditions in line with the government's objectives—such as reducing unemployment, accommodating new workers, and fostering the growth of cooperatives and MSMEs—or whether it diverges from these goals. A socio-legal approach is employed to analyze whether the government's interests genuinely reflect the community's needs.
Individualization of Communal Rights: Implications of Changes in Customary Marriage Structures for Customary Land Ownership Syahril, Muh. Akbar Fhad; Pransisto, Johamran; Wiwin, Wiwin; Nisa, Ayu Chairun; Asriyani, Arini
Jurnal Litigasi Amsir Vol 12 No 4 (2025): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the impact of changes in customary marriage structures on the individualisation of customary land rights, from communal to individual ownership, and its implications for the governance and protection of customary land in Indonesia's indigenous communities. Using normative legal methods, the study finds that modernisation and land certification policies encourage the fragmentation of collective rights into private rights, thereby posing risks to weakened social solidarity, ownership conflicts, and increased vulnerability to land exploitation. Although providing administrative legal certainty, individualisation has not been able to optimally accommodate customary values and the social functions of customary land. Therefore, synergy between customary law and national law is needed to create fair and sustainable agrarian regulations, ensuring the protection of customary rights while adapting to the socio-cultural dynamics of indigenous communities.
Telaah Hukum: Pemberdayaan Undang-Undang No. 12 Tahun 2022 dalam Pembuktian Kasus Kekerasan Seksual Helend, Erlindha; Pransisto, Johamran; Darwis, Muhammad; Mardaya, Andi
Jurnal Litigasi Amsir 2025: Special Isu (September-Oktober)
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to determine the position of testimony from the victim's witness in proving Sexual Violence Criminal Acts based on Law No. 12 of 2022 concerning Sexual Violence Criminal Acts, and to identify the qualifications of valid evidence in proving Sexual Violence Criminal Acts based on Law No. 12 of 2022 concerning Sexual Violence Criminal Acts. This study adopts a normative research type with a statutory approach. The research results indicate that the position of the victim's witness testimony in proving sexual violence criminal acts is outlined in Article 25 (paragraph 1). The qualifications of valid evidence in proving sexual violence criminal acts are also outlined in Article 24 (paragraph 1), as regulated in Law No. 12 of 2022 concerning Sexual Violence Criminal Acts.
Normative Criticism of the Implementation of Law No. 26 of 2007 Concerning Spatial Planning in Ensuring Legal Certainty of Land Rights Pransisto, Johamran
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6742

Abstract

This study aims to rigorously analyze the application of Law No. 26 of 2007 on Spatial Planning in ensuring legal certainty for land rights in Indonesia. This study employs normative legal research methodologies, using both a legislative and a conceptual approach, concentrating on the investigation of positive legal norms and the disharmony between the Spatial Planning Law and the Basic Agrarian Law (UUPA). The study's findings indicate that the enactment of Law No. 26 of 2007 continues to exhibit several normative deficiencies, including the lack of alignment between the regional spatial plan (RTRW) and the land administration system, the absence of a compensation mechanism for spatial restrictions, and inadequate sanctions for officials who contravene spatial planning regulations. The lack of connection between geographical data and land data further intensifies legal ambiguity for rightful proprietors. This study's conclusion underscores the need to amend the Spatial Planning Law to enhance legal certainty, safeguard residents' civil rights to land, and ensure equitable, transparent, and responsible spatial planning.
Dampak Ekonomi Terhadap Pergaulan Bebas dari Perspektif Hukum S. Hadi, Muh. Hartarto; Rhamadan, Putra; Supriyadi, Supriyadi; Desiana, Rifka; Prasetya, Muhammad Rafly; Kairuddin, Kairuddin; Pransisto, Johamran
Amsir Community Service Journal Vol 3 No 1 (2025): Februari
Publisher : Lembaga Penelitian dan Pengbdian Masyarakat (LP2M) Institut Ilmu Sosial dan Bisnis Andi Sapada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62861/acsj.v3i1.454

Abstract

The phenomenon of free association, particularly involving sexual behavior outside of marriage, has significant economic implications. This paper examines the economic impact of free association from a legal perspective, exploring how it affects individuals, families, and society. The primary economic concerns include increased healthcare costs due to sexually transmitted infections (STIs) and unintended teenage pregnancies, which impose a financial burden on both public health systems and affected individuals. Additionally, the disruption of education due to early pregnancies and health issues can lead to reduced productivity and lower human capital quality, negatively impacting long-term economic growth. The legal perspective is crucial in managing and mitigating these economic impacts. Effective laws and regulations can set clear boundaries and provide protections, especially for vulnerable groups such as teenagers. Legislation on the legal age for sexual activity and comprehensive sex education can help reduce risky behaviors associated with free association. Moreover, laws supporting access to reproductive health services and counseling are vital in minimizing negative economic consequences. This paper aims to analyze how legal frameworks can be optimized to address the economic challenges posed by free association. The methodology includes a review of existing laws and their effectiveness in managing free association's economic impacts, as well as case studies demonstrating successful legal interventions. The goal is to provide recommendations for policy improvements that align with both economic stability and social welfare. By integrating economic and legal perspectives, this paper seeks to highlight the importance of a synergistic approach to managing free association. Effective legal measures not only uphold social and moral norms but also contribute to economic well-being, ensuring a balanced and healthy society.
Obligation to Pay Online Loans: Dissecting the Principles of Debt Legality in the Digital World Pransisto, Johamran; Sitinjak, Humala; Sitinjak, Imman Yusuf; Junaidi, Junaidi; Thio, Ricky; Rohani, Aceng Asnawi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4372

Abstract

Examining the duty to repay online loans within the framework of debt legality in the digital age, and how successful monitoring and enforcement of laws have been in enforcing online loan rules in Indonesia are the overarching goals of this study. Findings are based on logical viewpoints, critical analysis, and philosophy; the study takes a normative legal stance with analytical descriptive methodologies; it examines pertinent laws and regulations as well as applicable law enforcement activities. In particular, when it comes to dealing with unregistered fintech, the findings reveal a disconnect between current legislation and the efficacy of its oversight. Issues with implementation and enforcement of legislation continue to affect consumer protection and transaction fairness, despite efforts to promote transparency and consumer protection via regulations like Financial Services Authority Regulation Number 77/POJK.01/2016. For better management, this study suggests tightening the regulatory framework and boosting inter-institutional cooperation.
Foundation Controversy as a Tool for Misuse of Loopholes Funds in Foundation Settings in Indonesia Febrianty, Yenny; Suciani Putri, Viorizza; Pransisto, Johamran; Heridah, Andi; Kasim, Aksah
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 6 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v3i6.2576

Abstract

This study analyses the use of foundations as mechanisms for financial diversion and highlights the legal shortcomings in the regulation of foundations in Indonesia, leading to insufficient oversight and public accountability. Recent incidents, including the Aksi Cepat Tanggap Foundation (ACT) and the PPATK's disclosures regarding 176 philanthropic institutions, suggest that certain foundations function as front organisations to conceal or misdirect funds from unclear sources. This study utilises a normative juridical methodology, employing statutory, conceptual, and case approaches. It focusses on examining Law Number 28 of 2004 concerning Foundations, its derivative laws, and the management practices of social funds in charitable organisations. The findings of the study reveal that foundation supervision in Indonesia is insufficient, as the supervisory body provides guidance without audit authority, and external oversight by the Ministry of Law and Human Rights and the Ministry of Social Affairs is restricted to administrative functions lacking substantive audits. Agency fragmentation, insufficient consequences, and the lack of public disclosure requirements increase the likelihood of legal form misuse. The supervisory system necessitates reform via the alteration of foundational rules, the implementation of digital public audits, and the strengthening of fiduciary obligations and good governance principles within positive law. This research highlights the necessity of integrating legal standards with social norms to establish governance defined by transparency, accountability, and integrity, thereby restoring public trust in non-profit organisations in Indonesia
Co-Authors Asriyani, Arini Desiana, Rifka Helend, Erlindha Heridah, Andi Imman Yusuf Sitinjak Junaidi Junaidi Kairuddin . Kasim, Aksah Mardaya, Andi Muh. Akbar Fhad Syahril Muh. Darwis Musran, Andi Nisa, Ayu Chairun Prasetya, Muhammad Rafly Rhamadan, Putra rohani, aceng asnawi S. Hadi, Muh. Hartarto Sitinjak, Humala Suciani Putri, Viorizza Sunardi Purwanda Supriyadi Supriyadi Thio, Ricky Wiwin Wiwin, Wiwin Yenny Febrianty