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The Process of Applying for Protection of Victims' Rights through the Witness and Victim Protection Agency (LPSK) Aziz Hasibuan, Muhammad Anwar; Koto, Ismail
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1685

Abstract

The importance of legal protection for each community is one of the reasons for the issuance of Law Number 13/2006 on Witness and Victim Protection which was enacted on 11 August 2006. This research aims to find out, how the regulations related to victim protection in Indonesia. Then, how is the process of applying for protection of victims' rights through LPSK and finally, how is the influence of the protection provided by LPSK on victims for law enforcement. This research uses a normative method. The procedure for providing protection to witnesses and victims as regulated in Article 28 to Article 32 of Law Number 13 Year 2006 is a process that includes various procedures and requirements that must be fulfilled by witnesses and victims to be able to get protection from LPSK which is sometimes difficult for witnesses and victims. The influence of the Witness and Victim Protection Agency (LPSK) in protecting witnesses and victims has not been maximised, due to the lack of socialisation in the community, especially in the regions, about the existence of the Witness and Victim Protection Agency as an institution tasked with protecting witnesses and victims.
Kebijakan Hukum terhadap Problematika Pemberian Pemenuhan Hak Restitusi Korban Tindak pidana yang diatur KUHAP dan diluar KUHAP Alyafedri, Youfan; Koto, Ismail
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2006

Abstract

Restitution is compensation given to the victim or their family by the perpetrator or a third party. Victims of criminal acts that can be given restitution are criminal acts of serious human rights violations, terrorism, human trafficking, racial and ethnic discrimination, criminal acts related to children, as well as other criminal acts determined by the LPSK Decree in accordance with the provisions of statutory regulations. . Of course, fulfilling the right to restitution for victims of criminal acts has several problems which are sometimes very detrimental to victims of criminal acts. Providing restitution still has not received attention from the government. It is still not balanced when compared with attention to perpetrators of criminal acts. The aim of this research is 1) to find out arrangements for providing restitution for victims of criminal acts. 2) to find out the implementation of providing restitution as a fulfillment of the rights of victims of criminal acts according to the KUHAP and outside the KUHAP, and 3) to find out the problems of giving the right to restitution to victims of criminal acts regulated by the KUHAP and outside the KUHAP. The method used is normative juridical research. The results of the research show that 1) Arrangements for providing restitution for victims of criminal acts have of course been regulated in the Criminal Procedure Code, namely in article 98, while outside the Criminal Procedure Code, regulations relating to restitution are regulated, one of which is stipulated in Supreme Court Regulation Number 1 of 2022. 2) Implementation of providing restitution in fulfillment of The rights of victims of criminal acts can be exercised in 2 ways, namely before the decision has permanent legal force and after the decision has permanent legal force. 3) The problem of granting restitution rights to victims of criminal acts is of course 3 factors, namely legal factors, law enforcement factors and community factors.
The Optimization of Legal Protection of Costums Intellectual Property Traditional Cultural Expressions of Malay Customs Nadirah, Ida; Medaline, Onny; Sahari, Alpi; Koto, Ismail
JURNAL AKTA Vol 10, No 4 (2023): December 2023
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.v10i4.33435

Abstract

This research aims to discuss Costums Intellectual Property in the field of Traditional Cultural Expression of Malay Customs which has promising economic potential in the field of tourism, both domestic tourism and foreign tourism potential. But until now it has not been protected optimally. This can be seen every year when the Malaysian Visit year will be displayed in many brochures promoting their tourist visits, traditional cultural expressions belonging to the indigenous Malay Peoples of Indonesia The purpose of this study is to analyze how many inventories and registrations of Costums Intellectual Property of Traditional Cultural Expressions of Malay Customs have been protected in the Regional Office of North Sumatra. The approach used in this study is a normative and empirical approach, namely through the review of laws and regulations related to the Protection of Costums Intellectual Property (KIK), especially related to Traditional Cultural Expressions of the Malay Indigenous Peoples of North Sumatra and conducting direct interviews with the head of the Intellectual Property Registration division of the North Sumatra KUMHAM Regional Office. The results showed that the level of awareness of indigenous peoples and local governments to protect their Costums Intellectual Property specifically in the field of traditional Malay Customary Cultural Expressions was very low, as seen from the data of the last three years, the inventory and registration of traditional Cultural Expressions of Malay indigenous peoples only amounted to twelve types of traditional culture.
Implementation of Criminal Sanctions in Falsification of Tax Returns that Harm the State Mutiara Fadia Silalahi; Ismail Koto
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/123f4e90

Abstract

Crime can occur in various aspects including tax administration which leads to tax crimes. The application of criminal sanctions against falsification of tax notification letters that harm the state must be optimised. This research raises issues related to how the application of criminal law arrangements regarding falsification of tax notification letters that harm the state? how the application of criminal law sanctions against falsification of tax notification letters that harm the state? how criminal law efforts in applying sanctions against falsification of tax notification letters that harm the state? The purpose of this research is to answer the problems that are the issue of this research discussion. The importance of this topic of discussion is to provide education to the public regarding the legal consequences of the crime of forgery of letters that harm the state. This research uses a normative juridical method that priority the study of laws and regulations (library research). This research has findings, namely this research recommends strengthening the legal substance sector through the issuance of tax counterfeiting laws with heavier sanctions accompanied by restitution to the state.
Restorative Justice for Victims of Cyber Sexual Harassment: Realizing Justice for Victims Zulkarnein Koto; Sutrisno Sutrisno; Vita Mayastinasari; Ismail Koto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.3091

Abstract

Sexual violence on social media is one of the negative impacts of technological developments. Sexual violence on social media can have both physical and psychological impacts on victims. This study focuses on an analysis of the urgency and orientation of implementing restorative justice in cyber sexual harassment crimes. This research is a normative legal research with a conceptual and statutory approach. The results of the study confirm that the urgency of RJ's approach in cyber sexual harassment crimes is because the characteristics of cyber sexual harassment crimes are the existence of victims' losses both physically and psychologically so that RJ-based law enforcement efforts are needed which emphasize victim recovery as well as perpetrator awareness. The orientation of realizing justice for victims through RJ has actually been facilitated in the TPKS Law. This emphasized that victims have the right to medical, social and mental rehabilitation, social empowerment, compensation, and social reintegration. The guarantee for the fulfillment of victims' rights further emphasizes that the main orientation of the TPKS Law is efforts to recover victims. In addition, the TPKS Law has also formulated an RJ orientation for perpetrators that prioritizes social and medical rehabilitation for perpetrators.
Land Registration in Indonesia: Between Policy and Legal Certainty Rahmat Ramadhani; Taufik Hidayat Lubis; Ummi Salamah Lubis; Ismail Koto; Rajarif Syah Akbar Simatupang
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.v24i2.6151

Abstract

Legal certainty of land is an absolute must to maintain the stability of land use in development and to realize legal certainty of land ownership for people who want to deal with the land. Legal certainty as intended in land registration will result in the granting of a land title certificate by the National Land Agency as an institution that organizes state administration to those entitled, and can be relied on by the owner of his property to act as a strong means of proof of a person's land rights. The procedure used to collect data in this study is documentation, namely the guidelines used in the form of notes or quotations, searches for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method which is carried out by presenting the material of legal events or legal products in detail to facilitate interpretation in the discussion. Article 1 paragraph (1) of PP No. 24 of 1997 states that Land Registration is a series of activities carried out by the government continuously, sustainably and regularly, including the collection, processing, opening and presentation as well as maintenance of physical data and legal data in the form of maps and lists regarding land plots and apartment units, including the provision of proof of rights for land plots that already have rights and ownership rights for apartment units with certain rights that burden them. There is an appeal from the government in the context of implementing land registration, namely that the community should not expect the land registration committee to come to survey community lands that have not been registered and then the lands are registered in order to guarantee legal certainty, but the community may on its own initiative gather people or residents whose land does not yet have a certificate and prepare letters or legal basis for ownership of the lands
DYNAMICS OF HALAL PRODUCT ASSURANCE REGULATION: A COMPARATIVE ANALYSIS OF THE LEGAL STRUCTURES OF INDONESIA AND THAILAND Aulia, Rizki; Koto, Ismail
JCH (Jurnal Cendekia Hukum) Vol 10, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i2.1299

Abstract

Halal product assurance regulations are an important issue in the development of the global halal industry, especially for countries seeking to strengthen consumer protection while increasing the competitiveness of their products in the international market. This study aims to analyze the dynamics of halal certification regulations in Indonesia and compare them with the halal certification system in Thailand. The research method used is normative legal research with a legislative and comparative approach. Research data was obtained through a literature study of relevant legislation, scientific literature, and policy documents, then analyzed qualitatively using a descriptive-analytical method. The results show that Indonesia implements a compliance-oriented halal regulation model through Law Number 33 of 2014 concerning Halal Product Guarantee, which is reinforced by Law Number 11 of 2020 concerning Job Creation and Law Number 6 of 2023. This regulation changed the halal certification system from voluntary certification to mandatory certification, involving BPJPH as the state administrative authority, MUI as the halal fatwa issuer, and the Halal Inspection Agency as the technical audit institution. In contrast, Thailand implements a more flexible and market-oriented model, where halal certification is legally voluntary but in practice becomes de facto mandatory due to export market demands. Thailand's halal system is managed by the Central Islamic Council of Thailand (CICOT) and reinforced through the integration of scientific approaches such as the concept of Halal Science and the Halal-Q system, which combines halal standards with international food safety standards. This difference in regulatory paradigms shows that Indonesia emphasizes legal certainty through state regulation. At the same time, Thailand places more emphasis on market competitiveness and the integration of halal standards with global quality systems.
Strengthening Indigenous Welfare through the Role of Local Government Initiatives in Protecting Traditional Knowledge Ida Hanifah; Koto, Ismail; Faisal, Faisal; Zainuddin, Zainuddin; Imsirovic, Mirela
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.13332

Abstract

The communal culture of traditional societies fundamentally contrasts with the individualistic framework of intellectual property rights (IPR). Indigenous communities prioritize collective interests without negating individual rights. This study aims to examine and analyze the optimization of traditional knowledge protection as an effort to improve the welfare of communal societies. The research employs a normative juridical method by reviewing statutory regulations and related legal instruments. The findings reveal that communal intellectual property is recognized under both international and national legal frameworks. National regulations require each region to conduct an inventory of community intellectual property; however, public awareness of its importance remains limited. Therefore, renewed strategies are needed to ensure that communities fully understand the economic, social, and cultural value of their traditional knowledge. Local governments play a crucial role in disseminating information and implementing inventory programs through regional regulations. Furthermore, the development of traditional knowledge–based products can be advanced to the industrialization stage through Micro, Small, and Medium Enterprises (MSMEs), thereby supporting the welfare of indigenous peoples. The ideal model of local government intellectual property protection is to guarantee community ownership rights while ensuring a fair profit-sharing mechanism with third parties.
Optimizing Prison Law Enforcement to Prevent Recidivism Muhammad Rizki Manurung; Ismail Koto
Abdurrauf Social Science Vol. 3 No. 1 (2026): Abdurrauf Social Science
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/arsos.v3i1.507

Abstract

Recidivism of inmates in Indonesian prisons is still a serious problem, especially related to narcotics abuse and possession of illegal communication devices. This phenomenon shows that there are gaps in the law enforcement system and coaching programs, which has implications for the low effectiveness of rehabilitation and the risk of repetition of criminal acts. This study aims to analyze the optimization of prison law enforcement as a strategy to prevent recidivism of inmates. The method used is library research with the collection of primary and secondary data from literature, books, journals, official reports, and previous research related to the correctional system, criminal law, and inmate development programs. Data is analyzed using content analysis techniques to identify patterns, relationships, and important information relevant to the research objectives. Research findings show that formal law enforcement without the support of a holistic coaching program tends to be less effective in preventing recidivism. The integration between strict disciplinary sanctions, educational coaching, psychological rehabilitation, and inmate independence training has proven to be more effective in reducing the risk of repetition of criminal acts. This research provides a basis for the development of correctional policies that are more responsive, fair, and oriented towards the social reintegration of prisoners, while enriching the study of correctional law theoretically and practically.