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Ningtias, Ayu Dian
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THE EXISTENCE AND EFFECTIVENESS OF THE LAW ON THE APPLICABILITY OF THE CONSTITUTIONAL RIGHTS OF CITIZENS-NATURALIZATION IN ELECTIONS IN INDONESIA Rifandhana, Raditya Feda; Budiono, Indro; Ningtias, Ayu Dian; Nurita, Riski Febria; Wahyono, Bambang Angkoso
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.199

Abstract

AbstractIndonesia is a country based on the Constitution of the Unitary State of the Republic ofIndonesia of 1945, so that the basis of the country, has a basis on which it regulateshuman rights, human rights are not only the rights of Indonesian citizens, but the rightsof foreign citizens through naturalization, both citizen statuses have the same rights inelections, and in this writing using juridical research, So that the research is based onlaws and regulations, as well as a research approach with legal theory.
Application of Government Authority to the Application of Corporate Sanctions That Pay Less Attention to Labor Welfare In Indonesian Rifandhana, Raditya Feda; Ningtias, Ayu Dian
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.203

Abstract

Indonesia is a country that has a population density of 275 773.8 million people, of thetotal population density, the working population of Indonesia amounts to 8 746.01people in various fields, and their purpose of working is to fulfill a prosperous life,besides that Indonesia is a country of laws based on the Constitutions or Basic Law andLaws, so that the Law and the Basic Law (Constitutions) regulate the welfare of thepeople, The implementation of community welfare can be carried out by thegovernment which has the authority to prosper the community through the provision ofjobs through the establishment of companies in regions throughout Indonesia, theestablishment of legal companies throughout Indonesia in recruiting employees, it isnecessary to think about the welfare of both material and non-material, then thegovernment needs to make legal products, namely the Manpower Law that can meet allthe welfare of the community employee status, however, the existence of theemployment law is often ignored by the company to provide welfare for employees,and in this case there is a need for sanctions from the government to provide a deterrenteffect for companies that violate labor laws. In the idea of this research is normativejuridical research, with an
Enforcement of the Crime of Money Laundering in Digital Financial Transactions Ningtias, Ayu Dian; Sastradinata, Dhevi Nayasari; Isnaini, Enik; Suisno
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.265

Abstract

Abstract These financial crimes can range from theft, fraud to taking advantage of other parties in the financial industry, for example: account theft, ATM browsing, credit card fraud, fake draws. Several cases of terrorist financing use digital payments as a means of online funding. There is also evidence that corrupt actors use digital payments to hide the proceeds of their crimes. This situation can certainly threaten economic stability and the integrity of the financial system. Therefore, a comprehensive regulatory framework through the establishment of.fintech legislation needs to be developed to maintain the integrity of digital payments and strengthen the government's regulatory function. Terrorist financing is even included in financial crimes: apart from hiding and protecting the origins of the proceeds of crime, it is also included in financial crimes in the money laundering group.
Limitation of State Control Rights over Natural Resources in Renewable Energy Management Ningtias, Ayu Dian; Rochmawanto, Munif; Isnaini, Enik; Cahyani, Nurma
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.305

Abstract

Abstract The concept of new energy management policy and renewable energy in maintaining national energy security through the first three properties, private property, namely ownership rights held by individuals or legal entities although it does not mean that it provides private ownership rights over certain natural resources but provides opportunities for individuals to manage natural resources to get certain benefits. Second, common property, namely ownership rights held by groups or can be referred to as "customary rights" in indigenous peoples in Indonesia. Third, state property, namely the right of ownership and control over natural resources is in the hands of the state, with the instrument of "right to control the state". Through government agencies, they can manage their own natural resources as well as SOEs. States can also grant authority to individuals or business entities or cooperatives or communities to manage natural resources.
Judicial Pardon as an Alternative to a Judge's Decision Ningtias, Ayu Dian; Nahdliyah, Hadziqotun; Shofa, Ahmad Faris
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.365

Abstract

ABSTRACT There is a new concept in the renewal of criminal law, namely judicial pardon, this concept is also adopted by the Dutch legal system, in simple terms where the judge can forgive the defendant who is legally and convincingly proven to have committed a criminal offense. The formulation of the problem in this study is how the legal consequences of the enactment of the principle of judicial pardon in the Criminal Code 2023. From this research, the author analyzes that the legal consequences of the enactment of the principle of judicial pardon will largely have an impact on the character and nature of Indonesian criminal justice, and also has the potential to be one of the solutions to the current overcrowding problem. But the regulation of judicial pardon is still less specific, it also needs to be regulated in the Draft of the Criminal Procedure Code, such as in the form of a judicial pardon decision, there needs to be confirmation of the terms of judicial pardon, and it is also necessary to set limits or signs in order to obtain legal certainty and later not become a rubber article or become a multi-interpretation among judges.
Legal Protection For Users of Illegal Online Loan Services Regarding Personal Data Confidentiality Nugroho, Fajar Seto; Ningtias, Ayu Dian; Bagaskara, M. Reza Satya
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.323

Abstract

ABSTRACT This research is based on the fact that globalization has driven the development of information and communication technology, which in turn has changed people's lifestyles and various aspects of life, including the economy. The transition from a traditional manufacturing-based economy to a digital economy based on information technology and creativity is known as the creative economy. However, information technology also brings challenges, such as data security issues in online loans. Fintech (financial technology) has become a significant innovation in the financial sector, facilitating financial transactions through services such as e-commerce and online loans. The method in this research is to use the Normative legal research method using a legislative approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. From the results of the study, it can be concluded that: The government has made efforts to provide legal protection against possible crimes that occur to consumers of illegal online loans through preventive and repressive actions. Preventive actions are carried out through the Electronic Information and Transactions Law (ITE), Law Number 27 of 2022, concerning Personal Data Protection (PDP Law), and the role of the Financial Services Authority (OJK) in supervising the circulation of online loan services. Repressive legal protection is implemented through Article 2 Paragraph 1 and Article 15 Paragraph 2 of the PDP Law, Law Number 11 of 2008 Article 26 Paragraph 1 concerning the ITE Law, and other laws that stipulate sanctions such as fines, imprisonment, and other additional penalties. Law enforcement against perpetrators of personal data abuse in the context of illegal online loans includes two main approaches, judicial and non-judicial legal efforts. Judicial legal efforts involve the court process to resolve disputes after violations and unlawful acts occur based on the PDP Law, the ITE Law, and Article 368 of the Criminal Code. Meanwhile, non-judicial legal efforts involve complaints to relevant institutions, such as the OJK, Kominfo, and the Police, which have a role in supervising, imposing administrative sanctions, and conducting investigations into these violations. This approach emphasizes the importance of cooperation between various institutions to ensure effective law enforcement against illegal practices in the online lending sector.
RESTOTATIVE JUSTICE POLICY OF CLASS I DRUG CONVICTS OF MARIJUANA IN DEALING WITH OVER-CAPACITY CORRECTIONAL INSTITUTIONS IN INDONESIA Risano, Alfredo; Ningtias, Ayu Dian; Yurita, Rosnia
Jurnal Independent Vol. 9 No. 2 (2021): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v9i2.338

Abstract

ABSTRACT Law Number 35 of 2009 based on Pancasila and the 1945 Constitution of the Republic of Indonesia, was implemented based on justice, protection, humanity, order, protection and security. Often the authority to try becomes a dilemma for judges when there is a conflict between certainty and a sense of community justice. So it is predictable that the high number of narcotics users greatly affects the number of prisoners/inmates of narcotics abuse cases who enter prisons/detention centers, even though the best place they need is a rehabilitation center. The government, law enforcement officers and the media always provide information about marijuana abuse, if there is abuse the public should also be given information about the 'justification' of marijuana. Here, political will is needed from the government to review policies and provide objective facts about the benefits and dangers of cannabis plants, because politically this can reduce public trust in the government. Based on the facts and explanations of the above, the researchers are interested in conducting legal research on "Restorative Justice for convicts of narcotics users Golonga1 marijuana
UTILIZATION OF CANANA AS A MEDICINE IN LEGAL PERSPECTIVE IN INDONESIA Ningtias, Ayu Dian; Risano, Alfredo; Hariati, Wida
Jurnal Independent Vol. 10 No. 1 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i1.343

Abstract

Abstract The main problem in this research is that there is a conflict in Article 7 and Article 8. Where Article 8 Prohibition of the Use of Narcotics Group 1 for the Purpose of Health Services, while in Article 7 Narcotics can be used for the benefit of health services. Articles in the Narcotics Law currently conflict with other articles, causing many interpretations and legal uncertainty in the enforcement of the use of cannabis plants as medicine in society. The Use of Cannabis as a Drug Perspective of Indonesian Criminal Law and Islamic Law. It can be concluded in the Indonesian Criminal Law research on the Use of Cannabis as a Drug, currently many articles related to Narcotics are still in conflict with other articles, causing uncertainty in the law against the use of marijuana as a drug. The state must be able to codify the Law on Narcotics, so that these articles do not conflict with other articles, and so that there are no more losses experienced by the community and the state in the war on drugs. Whereas in Islamic Criminal Law it refers to the Qur'an and Hadith as well as the ijtihad of scholars. Cannabis plants can be used as long as it is intended for medicinal purposes, and provides punishment in the form of ta'zir against all forms of abuse. Whereas in ijtihad scholars through the qiyas method which equates cannabis plants with khamr, it does not meet the qiyas element, where in equating it with khamr which is clearly different in terms of content, substance, or the resulting effect. So that qiyas equating marijuana with khamr cannot determine the prohibition of cannabis plants as medicine. Whereas in the maslahah al-mursalah method, as long as the use of marijuana as a drug is regulated in its use so that it gets benefits, the use of marijuana as a halal drug is used, because it is already a rule of use as a drug against experts.
LEGAL PROTECTION OF CHILDREN AS PEOPLE OF NARCOTIC ABUSE Ningtias, Ayu Dian; Fahrudin, Mukhlis; Maghfiroh, Lailatul
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.350

Abstract

ABSTRACT Based on Article 67 of Law Number 35 of 2014 concerning Child Protection, it is explained that special protection is for Children who are victims of abuse of narcotics, alcohol, psychotropic substances, and other addictive substances as referred to in Article 59 paragraph (2) letter e and Children involved in the production and its distribution are carried out through surveillance, prevention, treatment, and rehabilitation efforts. concerning child protection in Article 1 number (2) it states "Child protection is all activities to guarantee and protect children and their rights so that they can live, grow, and develop. develop, and participate optimally in accordance with human dignity , and receive protection from violence and discrimination”.
The principle of Restorative Justice in sentencingIn the 2023 Criminal Code Ningtias, Ayu Dian; Nahdliyah, Hadziqotun; Nugroho, Fajar Seto; Akbari, Damai Al
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.354

Abstract

Abstract the concept and analysis of the regulation of the principles of restorative justice in the 2023 Criminal Code is a solution for imposing sentences on minor criminal cases and avoiding short-term imprisonment, as well as preventing this. Application of the principle that the aim is to prevent people from being punished. This is for protection and is seen in society as an effort to rehabilitate the perpetrator. By upholding a sense of justice and the benefits of the law, as well as Pancasila values in law enforcement and criminal objectives, implementing the principle of judge's forgiveness in the 2023 Criminal Code means that there are defendants who have not been found guilty or served a sentence, even though their charges have been legally and convincingly proven.
Co-Authors Akbari, Damai Al Bagaskara, M. Reza Satya Cahyani, Nurma Fahrudin, Mukhlis Hariati, Wida INDRO BUDIONO Isnaini, Enik LAILATUL MAGHFIROH Nahdliyah, Hadziqotun Nugroho, Fajar Seto Raditya Feda Rifandhana, Raditya Feda Risano, Alfredo Riski Febria Nurita, Riski Febria Rochmawanto, Munif Sastradinata, Dhevi Nayasari Shofa, Ahmad Faris Suisno Wahyono, Bambang Angkoso Yurita, Rosnia