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All Journal Wacana, Jurnal Sosial dan Humaniora Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Risalah Hukum International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences
BAMBANG SUGIRI
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Religion Arts Humanities Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Ilmu Hukum Dalam Pusaran Perkembangan Ilmu Pengetahuan BAMBANG SUGIRI
Jurnal Risalah Hukum Volume 4, Nomor 2, Desember 2008
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

Early development of Law Science as a part of science definitely continues to haveadvanced progression. At certain age, law science idealism has been accompanied withnatural law idealism. At other age, normative-positivist idealism also dominates allthoughts about law. The charming appeal of normative-positivist idealism brings somepeople to regard it as the sole perspective and the underlying characteristic of lawscience. In the midst of recently uproarious science development, normative-positivistmainstream paradigm finally faces a challenge, questioning whether it refers to a soleperspective of law science. Do any other more progressive law perspectives exist withcapability to take law science into a genuine science? In the midst of recent sciencedevelopment, law science seems incapable to deny a fact that it has a susceptibility tothe effect of more developing science.Key words : Ilmu hukum (law science), ilmu pengetahuan (science)
Legal Ratio of Income Tax Regulation Towards Transfer of Rights on Land and Building Stephanie Wilamarta; Sudarsono Sudarsono; Abdul Rachmad Budiono; Bambang Sugiri
Wacana Journal of Social and Humanity Studies Vol. 21 No. 4 (2018)
Publisher : Sekolah Pascasarjana Universitas Brawijaya

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Abstract

Regulations concerning income tax on rights and land in the form of buying and selling, grants and inheritance, are regulated in law number 36 of 2008, Government Regulation number 34 of 2016 and Circular of Director General of Tax number SE-20 / PJ / 2015. Some of the regulations that are considered not fulfilling the element of justice, so there is a need for research to find out about the income tax. land and buildings in the form of buying and selling, grants and inheritance focusing on the principles of justice and certainty law. The method used in This research is normative legal research using four methods of approach, namely legislation approach, conceptual approach, historical approach, and comparative approach. The results showed that justice in tax was regulated by the Government Regulation Number 79 of 1994 in conjunction with Government Regulation Number 79 of 1999 specifically regulates the imposition of Income Tax income from the transfer of rights to land and buildings with the final tariff, so that for transactions that are losing (without additional economic capability) will still be subject to income tax. The income tax collection is on income from the right, because it does not fulfill the convenience of convenience taxation, namely the imposition of tax on the transfer of rights to land transactions, especially Income Taxes. tax collection based on profit or gross income less costs (Pay as you earn).
The Use of Article 378 of the Criminal Code against Violations of Article 43 Paragraph 2 of the Flats Law on Legal Certainty of Land Ownership Status Dzulkarnain Alghafuru Syahputra; Bambang Sugiri; Milda Istiqomah
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2110

Abstract

The developer of the apartment is allowed to sell the apartment unit that has not been completed after fulfilling the requirements and obligations as regulated in Article 43 paragraph (2) of the Flats Law. This study aims to analyze and find the accuracy of using Article 378 of the Criminal Code to adjudicate violations of Article 43 paragraph (2) of the Flats Law related to the certainty of land ownership status as the basis for making PPJB and criminal responsibility for notaries against the occurrence of criminal acts in the deed he made related to with the principle of prudence of a notary in carrying out his office. The research method used in this study is normative juridical law research, the approach method used is the statutory regulation approach and the conceptual approach as well as the case approach. From the results of the research and discussion, it can be concluded first: the use of Article 378 of the Criminal Code which is applied to violations of Article 43 paragraph (2) of the Flats Law is inappropriate. The appropriate article for the violation is Article 110 of the Flats Law. Second: For criminal acts that are contained in a notary deed, it can cause the notary to be held criminally responsible for participating in helping the occurrence of a crime.
Ratio Legis Of The Principle Of Sovereignty In The Regulation Of Plantation Business As A Settlement Of Land Disputes/Conflicts Hairan Hairan; Imam Koesahyono; Tunggul Anshori Setia Negara; Bambang Sugiri
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 6 (2024): IJHESS JUNE 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i6.1105

Abstract

Plantation businesses have existed since the past, especially growing rapidly during the Dutch colonial era. The Dutch Colonial Government then made several laws and regulations regarding the regulation of land . Currently, plantations are under the umbrella of the Plantation Law and UUCK. In terms of Legis ratio, the inclusion of "the principle of sovereignty in the Plantation Law actually increases the legitimacy of Plantation Companies to take MHA Ulayat land by force and arbitrarily. The principle of sovereignty in the Plantation Law is not in line with the state's right to control all natural resources in Indonesia's territorial territory. Land disputes and conflicts leading to plantation land are an indirect implication of the Principle of Sovereignty, which is systematically formalized in the Plantation Law to strengthen the position of Plantation Companies, even though it reduces the sacred value of a nation and State, which is given through the principle of sovereignty to Plantation Companies
Dinamika Regulasi Penyadapan dalam Undang-Undang dan Putusan Mahkamah Konstitusi Ramadhan, Tutik Nurul; Bambang Sugiri; Yuliati
Media Iuris Vol. 5 No. 3 (2022): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v5i3.34204

Abstract

AbstractThe regulation of wiretapping in Indonesia still contains many problems, such as provisions regarding wiretapping which are scattered in various laws and regulations. One example and its consequence is the decision of the Constitutional Court 70/PUU-XVII/2019 which annuls the provision regarding the requirement for a permit to the KPK supervisory board. This study aims to describe and analyze the dynamics of wiretapping arrangements in laws and decisions of the Constitutional Court. This study uses a normative juridical research method with a statutory approach and case studies in court decisions. The results show that in Indonesia there are no standard provisions regarding wiretapping procedures, all provisions in special crimes regulate wiretapping materials with different procedures and standards. The Constitutional Court's constitutional considerations state that wiretapping is part of the criminal justice system which is a criminal procedural law regime that limits human rights, so it must have regulatory legal certainty and must also be specifically regulated in the provisions of the law. Keywords: Regulations; Wiretapping; Laws; Constitutional Court Decisions. AbstrakPengaturan penyadapan di Indonesia masih banyak mengandung permasalahan, seperti ketentuan mengenai penyadapan yang tersebar diberbagai peraturan perundang-undangan. Salah satu contoh dan akibatnya adalah putusan MK 70/PUU-XVII/2019 yang membatalkan ketentuan tentang keharusan izin kepada dewan pengawas KPK. Penelitian ini bertujuan untuk menguraikan dan menganalisis dinamika pengaturan penyadapan dalam undang-undang dan putusan MK. Riset ini mempergunakan metode riset yuridis normatif yang berpendekatan perudang-undangan serta studi kasus dalam putusan pengadilan. Hasil riset menampilkan bahwasanya tidak di Indonesia tidak ada ketentuan baku mengenai prosedur penyadapan, seluruh ketentuan dalam tindak pidana khusus mengatur materi penyadapan dengan prosedur dan standart yang berbeda-beda. Pertimbangan konstitusional MK menyatakan bahwa penyadapan adalah bagian dari sistem peradilan pidana yang merupakan rezim hukum acara pidana yang membatasi hak asasi manusia, sehingga harus memiliki kepastian hukum regulasi dan juga harus diatur secara spesifik dalam ketentuan undang-undang. Kata Kunci: Regulasi; Penyadapan; Undang-Undang; Putusan MK.
RESOLVING CRIMINAL ACTS OF NARCOTICS THROUGH A RESTORATIVE JUSTICE APPROACH IN EAST JAVA Syarib Rama Indradi Mukti; Bambang Sugiri; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i6.2384

Abstract

This study discussed the handling of narcotics abuse crimes through a restorative justice approach based on the Indonesian National Police Regulation Number 8 of 2021 regarding the Handling of Criminal Acts Based on Restorative Justice. According to this regulation, individuals involved in narcotics abuse could undergo a restorative justice approach, giving them the opportunity to undergo medical or social rehabilitation without having wait for a court decision. The aim of this study was to analyze the basic principles considered and the strategies used by the Police in handling narcotics abuse cases through the restorative justice approach. In determining these consederations, it was important to ensure that the steps taken were in accordance with applicable legal provisions, as well as addressing the challenges in implementing restorative justice, which required effective strategies, so that these considerations and strategies could result in legal benefit and justice. This study was an empirical research using a socio-legal or juridical-empirical method with a legal sociology approach. The study used primary data obtained through interviews with informants, and the secondary data in the form of bibliographical sources. The research data were analyzed using a qualitative descriptive method. The results of this study has ben showed that the investigators considerations in handling narcotics crimes through the restorative justice approach were based on the requirements and mechanisms for handling them in accordance with the Police Regulation. The investigators strategy was to enhance understanding of the concept of restorative justice in order to overcome the challenges such as the low submission of Integrated Assesments and the lack of understanding among offenders about the concepts of restorative justice.
APPLICATION OF ARTICLE 27 PARAGRAPH (1) OF LAW NUMBER 1 OF 2024 ON ELECTRONIC INFORMATION AND TRANSACTIONS AND COMPARATIVE STUDY WITH MALAYSIA AND TURKEY Aji Malik; Yuliati; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3983

Abstract

Article 27 paragraph (1) of Law Number 1 of 2024 concerning Electronic Information and Transactions remains a subject of debate due to the ambiguity in defining the term “decency,” which opens room for multiple interpretations and potentially hampers digital freedom of expression guaranteed under Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This normative tension becomes more evident through cases of digital expression that are classified as violations of decency, even when they take the form of satire or political criticism. This research aims to analyze the application of Article 27 paragraph (1) in Indonesian legal practice, assess its consistency with the principle of freedom of expression, and compare it with the regulation of decency norms in digital law in Malaysia and Turkey. The research employs a normative juridical method with statutory, conceptual, case, and comparative approaches, using primary data in the form of legislation and legal cases, as well as secondary data from literature and expert opinions. The findings show that the application of Article 27 paragraph (1) tends to be subjective, creates a chilling effect, and is disproportionate to the objective of protecting public morality. A comparison with Malaysia and Turkey demonstrates that decency norms can be formulated more clearly with strict limitations on obscene content without criminalizing political expression. These findings indicate the need for a reformulation of decency norms in the Electronic Information and Transactions Law to align with the principles of proportionality and the protection of digital freedom of expression.
An Analytical Study of the Lex Favor Reo Principle in the Context of Corruption Case Resolution under the Third Amendment to the State Owned Enterprises Law in Indonesia Fauzan Prasetya; Milda Istiqomah; Bambang Sugiri; Aiden L. Moreau
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6879

Abstract

This study analyzes the implications of Law No. 1 of 2025—the Third Amendment to the SOE Law—on the application of the lex favor reo principle in corruption cases involving State-Owned Enterprises (SOEs) in Indonesia. Using a normative juridical approach with analytical and conceptual methods, the research reveals that the amendment redefines SOEs, limits the auditing authority of the Supreme Audit Agency, and removes the automatic classification of SOE losses as state losses. As a result, the legal interpretation of “state financial loss” in corruption cases has shifted significantly, potentially narrowing the scope of criminal liability for SOE officials. This change may lead to the re-evaluation of ongoing corruption prosecutions, including possible sentence reductions or acquittals. The study highlights the complex interaction between corporate reform and criminal accountability, emphasizing the need for doctrinal coherence, legal certainty, and the protection of substantive justice within Indonesia’s evolving post-reform legal framework. 
CHANGES IN POLICY DIRECTION AND LEGAL CONSEQUENCES LAW NO. 17 OF 2023 CONCERNING HEALTH ON ABORTION ISSUES IN THE TRANSITION PERIOD FOR RENEWING THE CRIMINAL CODE Novi Enjelina Putri; Abdul Madjid; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1442

Abstract

This research began with confusion regarding changes in the direction of legal regulatory policies regarding abortion in Indonesia. This is proven by the amendment to the Health Law Number 17 of 2023 which is part of the health omnibus law, which can result in multiple interpretations because it refers to the criteria specified in the criminal code. However, it is not explained which criminal law book will be used, which could create gaps in the application of criminal law in cases of legal abortion in Indonesia. The possibility of interpretation in determining the criminal law book is due to the transition period for the implementation of the new criminal law book, namely Law Number 1 of 2023, which will still come into force in 2026. The difference in the policy direction of the old criminal law book and The new one is very significant because the new one regulates the exceptions to which abortion can be carried out, whereas the old one does not see any reason and categorizes abortion as a criminal offense and will be subject to imprisonment for those who violate it. These differences in provisions will certainly have quite different legal consequences if the legal regulations are incorrectly applied in dealing with the issue of legal abortion in Indonesia. If they are incorrect then the disadvantage is the pregnant mother who has the right to abortion. This research uses normative legal research by looking at conceptual approaches and also legislation. With the aim of seeing how the legislation regarding abortion continues to undergo changes and the legal consequences that arise from these policies.
THE POSITION OF AMICUS CURIAE IN THE EVIDENTIARY PROCESS OF CRIMINAL CASES IN INDONESIA I Made Bima Cahyadi; Faizin Sulistio; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2666

Abstract

This study examines the role of Amicus Curiae in the Indonesian legal system, particularly its impact on judicial decision-making despite the absence of explicit procedural regulations in the Criminal Procedure Code (KUHAP). Through qualitative analysis of landmark cases, including the Prita Mulyasari case, this research highlights how third-party legal opinions contribute to more just and transparent verdicts. The study identifies key challenges, such as inconsistent acceptance and limited awareness among legal practitioners, while also exploring potential frameworks for institutionalizing Amicus Curiae in both criminal and civil cases. By analyzing comparative legal perspectives and best practices from other jurisdictions, this research advocates for clearer guidelines to enhance its legitimacy and effectiveness in Indonesia. The findings underscore the necessity of formal recognition to strengthen judicial credibility, ensure fairness, and uphold fundamental human rights. Ultimately, institutionalizing Amicus Curiae would foster a more inclusive and participatory legal system, aligning Indonesia’s judiciary with global standards of legal justice and due process.
Co-Authors Abdul Madjid ABDUL RACHMAD BUDIONO Aiden L. Moreau Aji Malik Dzulkarnain Alghafuru Syahputra Faizin Sulistio Fauzan Prasetya Hairan Hairan I Made Bima Cahyadi Imam Koesahyono Milda Istiqomah Muhammad Luthfi Novi Enjelina Putri Ramadhan, Tutik Nurul Stephanie Wilamarta Sudarsono Syarib Rama Indradi Mukti Tunggul Anshori Setia Negara