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All Journal Syntax Literate: Jurnal Ilmiah Indonesia Pena Justisia: Media Komunikasi dan Kajian Hukum Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon Devotion: Journal of Research and Community Service International Journal of Social Service and Research Jurnal Impresi Indonesia Indonesian Journal of Multidisciplinary Science Journal of Social Research Journal Of World Science Journal of Legal and Cultural Analytics (JLCA) Edunity: Kajian Ilmu Sosial dan Pendidikan Journal Research of Social Science, Economics, and Management Asian Journal of Social and Humanities Jurnal Greenation Sosial dan Politik
Rahman, Alip
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Other

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Analysis of the Effectiveness of the Application of Restorative Justice in Criminal Cases in Indonesia Alif Darmawan, Rifqi; Mahesa Rizki Diputra, Muhammad; Rahman, Alip; Sutrisno, Anom
Journal of World Science Vol. 3 No. 5 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i5.612

Abstract

This research examines the application of restorative justice in Indonesia's criminal justice system, focusing on analyzing its effectiveness in resolving criminal cases. This research aims to examine the application of restorative justice in the criminal justice system in Indonesia, with a focus on analysing its effectiveness in resolving criminal cases. Restorative justice emphasizes victim recovery, offender responsibility, and community reconciliation as an alternative to the traditional punishment-based retributive approach. The research method used is a normative legal study with a qualitative approach and secondary data from a literature review, including books, scientific journals, research reports, and official documents. The research findings show that restorative justice has been successfully applied in several cases, especially minor crimes, with more satisfactory outcomes for victims and better offender rehabilitation. However, there are obstacles, such as limited resources, lack of community understanding, and challenges in the mediation process. Training for mediators, increased public awareness, and supportive policy changes are recommended to improve its effectiveness. The implications of this research indicate the need for legal reforms to integrate restorative justice more broadly in the criminal justice system in Indonesia in order to create a more just and sustainable legal environment.
Online Single Submission Risk Based Approach Policy (OSS RBA) for Micro Small Business Development Intermediate Rahman, Alip
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 11 (2023): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i11.176

Abstract

Regional developments in global competition have demanded efforts to increase competitiveness through avoiding the occurrence of a high cost economy that has been complained about so far, due to the slow government bureaucracy which always demands greater costs than the service bureaucracy itself, for example through licensing facilities, to create efficiency for optimal resource utilization, in the context of building the birth of a perfect market mechanism. Market failure can be avoided by formulating licensing norms. Increasing regional competitiveness and absorption of regional income in the investment sector through the implementation of the Online Single Submission Risk Based Approach (OSS RBA) System Policy for Micro, Small and Medium Enterprises (MSMEs), for this reason, every business activity has a direct impact on modifying the policy format model, including institutional structure, and related to business service platforms, for the Central and Regional Governments. At the level of local policies, this is not an easy problem, in an effort to accommodate these interests, in the era of global competition. The effectiveness of the implementation of the RBA OSS System Policy by Regional Governments, as well as how to overcome obstacles to the policy are very interesting to analyze, regarding MSME Actors who experience limited conditions, in terms of capital, mastery of technology and market share. The method used to analyze is doctrinal (normative juridical), on the approach of the concept of law as written law in the form of statutory texts, which are built by local government regulations. The research findings state that the Regional Government, that Micro, Small and Medium Enterprises still need assistance to register permits, in terms of the RBA OSS System Policy in the mission of optimizing the policy, massive socialization must be carried out to the community, especially MSME actors, to increase information on the importance of this policy. In the end, the business actors in question no longer make mistakes in relation to determining the choice of categorization of Micro Small and Non-Small Micro Enterprises. This policy model is directly very influential in efforts to improve the efficiency of public services, and avoid the high cost economy that occurs.
The Position Of Paralegals In Providing Legal Assistance To The Defendant Is Guidance In The Trial Based On The Understanding Of The Legal Aid Law No. 16 Of 2011. Nafik, Ainun; Crismayudhi, Helvin; Laksana, Aji Indra; Rahman, Alip; Dimyati, Agus
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 9 (2024): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i9.283

Abstract

This study examines the position of paralegals in the provision of legal aid in Indonesia, especially in the context of changes regulated by Law Number 16 of 2011 concerning Legal Aid. Prior to this regulation, paralegals were not allowed to handle litigation or non-litigation cases. However, after the regulation is implemented, paralegals are permitted to provide non-litigation legal assistance. The purpose of this study is to analyze the legal position of paralegals in providing legal aid and the factors that influence them in carrying out this role. This research uses a normative juridical method with a descriptive approach based on laws and legal documents. The results of the study show that although the regulation has given authority to paralegals, there still needs to be resistance from various related parties. The main factors that affect this are the need for recognition of paralegals, the limitation of human resources, and the lack of budget and cooperation between legal stakeholders. This study concludes that further clarification is needed regarding the role of paralegals in creating equitable legal justice.
Legal Protection for Victims of Online Gender-Based Violence (Cyber-Based Violence) Rahman, Alip; Sutrisno, Anom; Martia, Lita; Wangi, Feri
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 12 (2024): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i12.350

Abstract

Online gender-based violence is a serious problem that negatively impacts victims physically, psychologically and socially. This research aims to analyze the legal protection of victims of cyber-based violence in Indonesia, focusing on existing regulations and their implementation. The method used in this research is a normative research method with a juridical-analytical approach, where data is collected through a literature study of relevant laws and regulations, legal documents, and previous research related to online gender-based violence. The results show that Law No. 12 of 2022 on the Crime of Sexual Violence provides a strong legal basis for victim protection, including the right to assistance, temporary protection, and recovery. In addition, regulations regarding the removal of content involving victims are an important step in reducing further impact. However, this research also found challenges in law enforcement, public awareness, and training of law enforcement officers that need to be strengthened in order for victim protection to be implemented effectively. This research is expected to contribute to improving the understanding and effectiveness of legal protection for victims of online gender-based violence in Indonesia.
Analysis of implementation of trade secret legal protection in franchise businesses Karmana, Gadis Reyatezar; Septiani, Dini; Waskim, Waskim; Rahman, Alip; Dikrurahman, Diky
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 6 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i6.844

Abstract

Franchising has significant potential but also high risks due to trade secret violations. Law Number 30 of 2000 regulates trade secrets, but these violations can be detrimental to the party providing the secret. Research on the feasibility of establishing legal protection for trade secrets in franchise companies is crucial. This research aims to examine how franchise businesses have used trade secret legal protections. A qualitative methodology was used, and data collection techniques involved collecting relevant documents. The findings indicate that if trade secrets meet the criteria regulated in Article 1 Paragraph 1 of the Trade Secrets Law, they are entitled to legal protection. Violations may result in criminal sanctions, including imprisonment for up to 2 years or a fine of up to Rp. 300 million.
Legal protection of consumers for transactions in counterfeit goods Septiatiarini, Nadia; Aulia, Puput; Rahmawati, Sindy Dwi; Rahman, Alip; Dikrurahman, Diky
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 6 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i6.849

Abstract

This study examines the legal protection against consumers in Indonesia for the transaction of counterfeit goods. It uses normative legal research and everyday life studies to analyze the contemporary situation. The study reveals that legal protection against counterfeit goods is regulated by Law Number 15 of 2001, which criminalizes business actors selling counterfeit goods, and Government Regulation Number 82 of 2012, which emphasizes the need for accurate information about producers, goods supplied, and contract terms. Additionally, Article 8 of Law Number 8 of 1999 prohibits business actors from trading goods or services that do not meet the requirements for labels, information, advertising, or sales promotion.
Legal Protection for E-commerce Business Actors regarding Consumer Reviews Choeirunnissa, Julia; Situmorang , Martin; Zidan, Muhamad; Sutrisno, Endang; Rahman, Alip
Jurnal Impresi Indonesia Vol. 3 No. 5 (2024)
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v3i5.4852

Abstract

Customer reviews in e-commerce play an important role in influencing the decisions made by customers. Before making a purchase, many people read positive customer reviews because they can offer useful information to potential buyers and increase their overall level of trust in the product. The purpose of this research is to analyse the good faith of business actors and how it impacts the law stipulated in the Consumer Protection Law. This research utilizes a normative legal research study whose findings show that consumers are not liable for criticism that harms businesses, according to the Consumer Protection Law (UUPK). In particular, Article 5a requires consumers to pay special attention to product descriptions listed in stores. In the e-commerce business world, business actors utilize the latest technology such as the internet to facilitate their business activities, yes; they get a number of benefits such as serving customers and making it easier to access distant information more quickly. If business actors receive negative reviews from consumers that do not match the facts so as to cause losses to business actors, the legal protection for business actors based on a positive legal perspective will be analysed. Based on the results of the analysis, it is found that giving negative reviews by consumers without a clear explanation and not according to the facts can harm business actors. This is considered a bad faith action by consumers.
Legal Protection for Small and Medium Enterprises (SMEs) in Facing Unfair Business Competition Indah Lestari, Putri; Wardi, Wardi; Basujata, Tatang; Rahman, Alip; Dikrurahman, Diky
Journal Research of Social Science, Economics, and Management Vol. 4 No. 1 (2024): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v4i1.690

Abstract

In the context of toxic business competition, this research investigates the legal protection of Micro, Small, and Medium Enterprises (MSMEs) in Indonesia, particularly in partnerships with large corporations. The primary emphasis is on the implementation of Law Number 5 of 1999, which prohibits monopolistic practices and unfair business competition, and Law Number 20 of 2008, which pertains to small and medium-sized enterprises. Data was collected from literature studies, pertinent regulations, and in-depth interviews with relevant stakeholders using a qualitative approach and a case study design. The research results show that although the legal framework already exists, effective implementation still requires improvement. MSMEs face various challenges in partnerships with large companies, including access to resources and greater risks in business transactions. Recommendations are prepared to strengthen legal protection through regulatory revisions, strengthening legal institutions, legal education, developing partnerships, and stricter law enforcement. The main aim is to increase fairness in business relations between MSMEs and large companies, as well as support inclusive and sustainable economic growth in Indonesia. It is hoped that the implications of this research can provide a positive contribution in renewing policies that support the development of MSMEs as the backbone of the national economy.
Juridical Study of Customary Law In The Indonesian National Legal System Setiawan, Irgi; Muzaffar Wahyu, Ariq; Rahman, Alip; Sutrisno, Anom
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.317

Abstract

Customary law, as an integral part of the cultural and social identity of Indonesian society, has an important role in shaping the norms and values that prevail in various communities. This study aims to examine the juridical aspects of the recognition and application of customary law within the national legal framework, focusing on the constitution, laws, and regulations governing customary law. The research method used is the normative juridical method with an analytical-descriptive approach. The data analysed consisted of primary legal sources, such as the 1945 Constitution, laws, and court decisions, as well as secondary legal sources, including legal literature and previous research. The results show that although customary law is constitutionally recognised, there are significant challenges in its implementation at the national level. This is mainly due to the existence of legal dualism, norm conflicts between customary law and national law, and the lack of harmonisation in legislation governing the existence of customary law. The study concludes that further efforts are needed to harmonise customary law with national law through legislative reform, legal education, and public awareness raising. Thus, customary law can function effectively and fairly in the national legal system, while preserving Indonesia's cultural diversity.
Legal Aspects In Handling Money Laundering Cases In Indonesia Riswanto, Riswanto; Akbar Rachmatullah, Muhammad; Rahman, Alip; Dikrurahman, Diky
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.318

Abstract

Money laundering poses a serious threat to the integrity of the financial system and the stability of society, prompting the need for effective handling from all parties involved. This research discusses the legal aspects of handling money laundering cases in Indonesia. Using a descriptive-analytical qualitative approach, this study analyses the existing legal framework, its implementation in law enforcement practice, and the challenges faced by law enforcement officials in handling money laundering cases. Data was collected through literature study and analysis of money laundering cases that have been decided by the court. The results show that although Law No. 8/2010 has provided a strong legal foundation, there are still challenges in its implementation including limited resources, inter-agency coordination, and the development of increasingly sophisticated money laundering methods. Based on these findings, this research presents policy recommendations to strengthen law enforcement in handling money laundering offences in Indonesia.
Co-Authors Abdul Azis Akbar Rachmatullah, Muhammad Alif Darmawan, Rifqi Anom Sutrisno Ari Nurhaqi Athur, Mohamad Aulia, Puput Azizi, Fatih Muhammad Basujata, Tatang Cahyo Rosanto, Tibar Carla, Bella Choeirunnissa, Julia Chusmayadi, Omay Crismayudhi, Helvin Daulay, Annisa Angraini Dikrurahman, Diky Dimyati, Agus Endang Sutrisno Fadhlurrahman Rosyid, Rifqi Frans Setiawan, Frans Hardiansyah, Reza Harmono , Harmono Harmono, Harmono Indah Lestari, Putri Irawan Pratama Putra, Puji Jatmika, Bambang Dwi Juliansyah Nugrah, Maulana Fajar Junaedi, Oding Karmana, Gadis Reyatezar Khoirunissa, Alisha Fasya Kirana, Dwi Paksi Komala Sari, Surti Kurnia, Andini Laksana, Aji Indra Mahesa Rizki Diputra, Muhammad Manurung, Arthur Kusuma Atmaja Martia, Lita Mayana, Sinta muhammad rizky, muhammad Mundzir Rasyid, Abal Muzaffar Wahyu, Ariq Nafik, Ainun Nasution, Mohamad Rizki Noviandy, Mochamad Ryan Panca Nugraha, Aditya Prasetyawan, Tegar Eka Prayitno, Arief Priadinata, Alko Purnama, Akmal Ramdhan Purnama, Ikmal Ramdhan RAHMADINA, Adji Annisa Rahmah Nurazizah, Maulina Rahmawati, Sindy Dwi riswanto riswanto Safiranata, Arisandy Septiani, Dini Septiatiarini, Nadia Setiawan, Irgi Shabrinah, Luthfiyah Situmorang , Martin Supriyadi, Yodi Wangi, Feri Wardi Wardi Waskim, Waskim Zidan, Muhamad