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All Journal Pandecta Spektrum Hukum LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Rechtsidee Jurnal IUS (Kajian Hukum dan Keadilan) Ajudikasi : Jurnal Ilmu Hukum Substantive Justice International Journal of Law Jambe Law Journal Jurnal Ilmiah Penegakan Hukum Kosmik Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Syakhsiyyah : Journal of Law and Family Studies JURNAL USM LAW REVIEW Jurnal Suara Hukum Istinbath : Jurnal Hukum Batulis Civil Law Review PATTIMURA Legal Journal Jurnal Legisia RechtIdee SASI Journal of Law and Legal Reform Lex Scientia Law Review Indonesian State Law Review (ISLRev)
Disantara, Fradhana Putra
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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ASPEK IMUNITAS DALAM PENANGANAN CORONA VIRUS DISEASE 2019 Disantara, Fradhana Putra
Istinbath : Jurnal Hukum Vol 17 No 1 (2020): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v17i1.2049

Abstract

The Government of Indonesia has issued various regulations in an effort to provide a legal basis for the technical handling of COVID-19, including Presidential Decree (Keppres) No. 11 of 2020 concerning Stipulation of Public Health Emergency and President Regulation in Lieu of Law No. 1 of 2020 (Perppu) No. 1 of 2020 concerning State Financial Policy and Stability of the State Financial System for Handling Covid Pandemic 19 And / Or In Order To Face Threats That Harm National Economy And / Or Financial System Stability. With the Presidential Decree No. 11 of 2020, the Government of Indonesia establishes a public health emergency status. However, this raises problems, related to the proper legal status in the COVID-19 pandemic. In addition, the formulation of Article 27 of Perppu No. 1 of 2020 also left a problem, with Article 27 which actually provides a strong aspect of immunity for the implementers of the regulation. This type of research is legal research. This legal research aims to analyze the relevance of determining the state of public health emergency with the concept of an emergency state administration law, and identifying aspects of immunity in the formulation of Article 27 Perppu Number 1 of 2020. In this study a statute approach and conceptual approach are used, with an inventory of primary legal materials and secondary in order to get a proper analysis and critical analysis related to legal issues. The results showed that the proper legal status during the COVID-19 pandemic was state legal emergency, and the immunity aspect in the formulation of Article 27 of the Perppu contradicted with some Articles in the Constitution of the Republic of Indonesia 1945. So, The Constitutional Court must cancel the Article 27 of Perppu No. 1 of 2020
Tripartite Collaborative Institutions: Skema Konvergensi Institusi Untuk Mewujudkan Ketahanan Siber Indonesia Disantara, Fradhana Putra
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i2.3641

Abstract

Cybercrime is a crime that is carried out systematically to damage or destroy computer networks, and will automatically have an impact on important data stored on the computer network. This article is written using a normative legal research method, with data sources in the form of primary legal materials and secondary legal materials, understood using a conceptual approach and a statute approach, then the data is analyzed qualitatively through deductive thinking. From the results of the research, it is known that the weakness of technical and non-technical infrastructure related to the network and information systems of a country is one of the reasons of cyber crime. So we need a defense concept that can overcome these weaknesses. The concept of cyber defense with tripartite collaborative institutions can be used as an option to strengthen cyber defense. With a system of cooperation between the Ministry of Defense, Kominfo, and BSSN. The Ministry of Defense focuses on cyber threats from abroad, the Ministry of Communication and Information focuses on cyber threats from within the country, while BSNN focuses on coordination, prevention, and handling of cyber crimes.
The Legitimacy of Circular Letter in Handling COVID-19 Pandemic: Legitimasi Surat Edaran dalam Penanganan Pandemi COVID-19 Disantara, Fradhana Putra
Rechtsidee Vol. 6 No. 2 (2020): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2020.6.645

Abstract

The purpose of this legal research is to analyze the relevance of the discretion of government officials during the COVID-19 pandemic with the concepts and legislation related to legal issues; as well as analyzing the existence of a Circular to legitimize the handling of COVID-19 with statutory regulations. This legal research is carried out by making an inventory of various primary and secondary legal materials, so as to obtain relevant and critical studies of the legal issues discussed. The results of this legal research are that the discretion made by government officials can be justified legally if it is relevant to several provisions contained in legislation for the realization of good emergency governance; and the existence of a circular letter is legally valid if it is in accordance with the laws and regulations and the General Principles of Good Governance, by understanding that a circular is not a product of rules that are in the order of national legislation. Thus, a circular does not have strong and binding legal legitimacy. Therefore, the researcher recommends the criteria and classification of the parameters of discretion in the form of a circular as outlined in the form of a Supreme Court Regulation. This should be done so that there is no abuse of authority in implementing discretionary power by government officials and general legal principles.
Establishing Ethical Norms: Dignified Justice Theory Perspectives on Ethics and Legal Relations: Mendudukkan Norma Etika: Perspektif Teori Keadilan Bermartabat terhadap Relasi Etika dan Hukum Disantara, Fradhana Putra; Anggono, Bayu Dwi; Efendi, Aan
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.773

Abstract

The relationship between ethical norms and legal norms is different for experts, especially concerning their position. Moreover, legal norms seem to be superior to ethical norms. This study aims to analyze the position of ethical norms and legal norms. The dignified justice theory was chosen because it seeks to orient the divine and human aspects, which can only be fulfilled if ethical and legal norms synergize. This research is juridical-normative research. The juridical-normative research was chosen because it confirms the existence of ethical norms and legal norms as part of the system of norms prevailing in society. The study's results confirm that, in practice, legal court decisions are often considered higher and more authoritative than ethical court decisions. This has implications for the position of ethical norms that are considered inferior to legal norms. Furthermore, the theory of dignified justice seeks to see the relationship between ethical norms and legal norms as different norms, but in its implementation in society, the two norms must synergize and complement each other.
The Lex Favor Reo Principle After New Criminal Code: A Corrective Justice’s Perspective Flora, Henny Saida; Disantara, Fradhana Putra; Thuong, Mac Thi Hoai
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2997

Abstract

The purpose of this study is to analyze the existence and implications of the lex favor reo principle after the ratification of the new Criminal Code in relation to aspects of corrective justice. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study show that the existence of the lex favor reo principle after the ratification of the new Criminal Code, namely as formulated in Article 3 juncto Article 618 of the new Criminal Code, the existence and applicability of the lex favor reo principle can be immediately enforced. The implication of the lex favor reo principle in optimizing aspects of corrective justice after the ratification of the new Criminal Code is that the implementation of the lex favor reo principle has implications for the existence of criminal sanctions experienced by defendants in the old Criminal Code. Suggestions in this study are that for law enforcement officials, special attention is needed when trying a crime, especially by first paying attention to the lex favor reo principle to see which sanctions are more profitable for the accused.
Prophetic Law in Modern Business: Integration of Humanization, Liberation, and Transcendence in Commercial Contracts Disantara, Fradhana Putra; Ishwara, Ade Sathya Sanathana; Disantara, Geraldha Islami Putra; Abdunayimova, Dinara
Batulis Civil Law Review Vol 6, No 3 (2025): VOLUME 6 ISSUE 3, NOVEMBER 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i3.3364

Abstract

Introduction: Economic globalization has significantly influenced the practice of business law, particularly commercial contracts that are increasingly complex, cross-border in nature, and dominated by capitalist interests. Contracts, which ideally serve as instruments of justice, often function as tools of domination by stronger parties over weaker ones, thereby neglecting humanitarian, ethical, and spiritual dimensions.Purposes of the Research: The purpose of this research is to analyze how the principles of prophetic law can be integrated into modern commercial contract practices and to identify the challenges arising in the era of globalization.Methods of the Research: This study employs normative legal research with a conceptual approach, examining the principles of prophetic law and linking them to contemporary business law practices. The data were analyzed qualitatively through a review of legal literature, philosophical discourse, and modern commercial contract practices.Results Main Findings of the Research: The findings indicate that the principle of humanization plays a crucial role in restoring contracts to their human dignity by protecting weaker parties; the principle of liberation calls for the elimination of exploitative contractual practices; while the principle of transcendence stresses the necessity of embedding ethical and spiritual values in business. The challenges of integration include the dominance of global capitalism, rigid digital contract frameworks, and the weak moral awareness of business actors. The originality of this study lies in its systematic effort to connect prophetic law with modern commercial contract practices, thereby offering a new paradigm for global business law that is more just, humane, and sustainable.
Co-Authors Abdul Hamid Abdunayimova, Dinara Bayu Dwi Anggono Budiana, I Nyoman Chansrakaeo, Ruetaitip Disantara, Geraldha Islami Putra Dwi Edi Wibowo Efendi, Aan ENY SULISTYOWATI Firmansyah, Jaka Geraldha Islami Putra Disantara HANANTO WIDODO Henny Saida Flora I Gede Agus Kurniawan Irmayanti, Dwi Ishwara, Ade Sathya Sanathana Kadir, M. Yakub Aiyub Masnun, Muh. Ali Mau Lulo, Lourenco de Deus Miftah Arifin Muchamad Taufiq Naftali, Septina Andriani neny, Neny rahmawati Ni Ketut Supasti Dharmawan Niken Larasati Nurhidayat, Tri Nutako, Briggs Samuel Mawunyo Nutakor, Briggs Samuel Mawunyo Prasetio, Dicky Eko Putra, R. Yuri Andina Putu Aras Samsithawrati Radityo, Eka Rahmawati, Galih Sulaksono, Sulaksono Suyitno, Didik Thuong , Mac Thi Hoai Thuong, Mac Thi Hoai Valentino, Widhi Wildani, Sahril