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All Journal Jurnal Komunikasi Hukum INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Jurnal Moral Kemasyarakatan Morality :Jurnal Ilmu Hukum Lex Scientia Law Review Journal of Law Science Jurnal Ilmu Hukum Tambun Bungai Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Britain International of Humanities and Social Sciences (BIoHS) Journal AKM: Aksi Kepada Masyarakat Proceedings Series on Social Sciences & Humanities Journal of Community Service Journal of Law, Poliitic and Humanities Eduvest - Journal of Universal Studies Jurnal Magister Hukum Perspektif Kreativitas Pada Pengabdian Masyarakat (Krepa) Welfare State Jurnal Hukum Satya Dharma: Jurnal Ilmu Hukum Palangka Law Review Journal of Law and Legal Reform Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Kristanto, Kiki
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Neuroscience Public Health Social Sciences Other

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Legal Assurance of Investor Dispute Settlement with Indigenous Law Communities in Legal Pluralism Perspective Susanto, Herman; Kristhy, Mutia Evi; Kristanto, Kiki
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.v4i3.2104

Abstract

With the enactment of Law Number 11 of 2020 concerning Job Creation, it has become a positive turning point in the Government's efforts to increase the number and value of investment in Indonesia while at the same time responding to challenges according to current developments with the method of resolving investment disputes by prioritizing deliberation and consensus up to the court mechanism. The purpose of this legal research is to analyze the legal certainty regarding the settlement of disputes between investors and indigenous peoples and to analyze the policies taken by the Government and Regional Governments in the context of resolving disputes in the perspective of legal pluralism. The research method used in this research is the normative legal method. According to the author, this is needed in order to provide guarantees for the basis of legal certainty, namely legal certainty and strengthening as well as the presence of the State in providing policy directions, commitments and joint responsibilities of the Government, Regional Governments in supporting and carrying out the process of forming laws and regulations that are in harmony and balance so that ensure the existence of public law and order in providing legal certainty in investing for investors, the community and the Government as well as the Regional Government in the context of improving regional economic development and community welfare in a fair and equitable manner.
Conditional Criminal Voices against the Defendants of Criminal Acts of Corruption in Principle Perspective Justice and Legal Guarantee Ferry, Ferry; Kristanto, Kiki; Silam, Achmad Adi Surya G.
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.2962

Abstract

Corruption crimes that have been occurring widely, not only harm the state's finances, but also have been a violation of the social and economic rights of the community at large, so corruption crimes need to be classified as crimes whose eradication must be carried out extraordinarily. Every person convicted of corruption is sanctioned in accordance with the provisions of the laws and regulations. One form of sanctions imposed by judges related to corruption cases is the Conditional Criminal verdict, which means that the criminal does not need to live inside the Correctional Institution. The verdict is indeed the power of the judge guaranteed in the Law of Judicial Power as well as related to conditional criminality as stipulated in Article 14a of the Criminal Code, but in the Corruption Crimes Act, there is no mention of criminal threats with conditional criminals. In other similar cases, there is a judge's ruling that does not impose a conditional criminal sentence but provides a prison sentence for the accused of corruption, resulting in inconsistencies in the application of the law by the judge in sending the accused to corruption. Therefore, with a conditional criminal conviction will have implications on the principle of justice and legal certainty for convicted other corruption cases, as well as for the Government and society in general in preventing and eradicating corruption cases.
Electronic Criminal Case Trial from the Perspective of Justice and Legal Certainty Kiki Indrawan; Suryansyah Marhaini; Mutia Evi Kristhy; Kiki Kristanto
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.v4i3.2107

Abstract

The Covid-19 pandemic that hit Indonesia has caused major changes in the legal world. The enactment of social distancing/physical distancing rules and Large-Scale Social Restrictions (PSBB) ultimately forced the Supreme Court to make a legal breakthrough by issuing PERMA No. 4 of 2020 concerning the Administration and Trial of Criminal Cases in Courts Electronically, the purpose of which is to fill the legal vacuum in the Criminal Procedure Code and guarantee the right of the accused to immediately obtain legal certainty for the crime he is accused of through trial without undue delay, with fair treatment. and impartiality (fair trial) , which is a guarantee for the protection of the rights of everyone in the judicial process. PERMA No. 4 of 2020 concerning the Administration and Trial of Criminal Cases in Courts Electronically guarantees a fair and impartial electronic trial that meets the principles of justice and legal certainty, by clearly stipulating the rights of defendants in electronic criminal case trials, namely the right to obtain legal assistance, the right to defend, the right to be tried in a court session which is open to the public, and the right to immediately receive an examination in court for legal certainty. Then to fill the legal vacuum in the Criminal Procedure Code, and in the future, electronic criminal case trials must be strictly regulated to become the new norm in the revision of the Criminal Procedure Code.
Criminal Sanctions of Chemical Elementary in the Perspective of Justice Principles Kiki Kristanto; Mutia Evi Kristhy; Mandau Bakti; Jonson Jonson; Arif Irawan Sanjaya
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5550

Abstract

Sexual crime against children is a social phenomenon that is rife in Indonesia. This causes the government to be again required to formulate regulations to reduce the sensation of sexual crimes against children. Child protection activists are pushing for the castration of perpetrators of sexual crimes against children. The insistence on forming regulations related to castration is as if it is a cruel punishment aimed at perpetrators of sexual crimes against children. The question that arises from the discourse on the implementation of the castration sentence is, "Is the castration punishment by the principle of justice?".
Legal Politics of Regional Quarantine during the Covid-19 Pandemic with the Approach to Implementing Community Activities Restrictions (PPKM) Level 1-4 Mutia Evi Kristhy; Kiki Kristanto; Edy Siswanto; Ahmad Budi Martono; Ronny Marthius Nababan
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): 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.v5i3.5814

Abstract

Politics of regional quarantine law with PPKM approach based on Level 1- 4 as an effort by the Government to suppress the increase in positive cases of the Coronavirus (Covid-19). The policy is decided, of course, by considering health, economic aspects, and social dynamics. Determine the status of the district/city level of the pandemic situation. It is based on indicators regarding the adjustment of public health efforts and social efforts in dealing with the pandemic, which was adapted from the recommendations of the World Health Organization (WHO).
Co-Authors Abd. Rasyid Syamsuri Agus Mulyawan, Agus Ahmad Budi Martono Alfarizy, Tomy Anditya, Ariesta Wibisono Arif Irawan Sanjaya Ayu Yolanda, Sintia Baskara, Agri Budiono, Teguh Dewi, Yurika F. Disman, Disman Edy Conceciao, Michael Efendi, Affan Evi Farina, Thea Fernando, Zico Junius Ferry, Ferry Fransisco Fransisco Fransisco, Fransisco Hartati, Sawitri Yuli Hendayani, Santi Herman Susanto Ismail, Kautsar Ivans Januardy Jaya, King On Putra Jaya Joanita Jalianery John Terson Jonson Jonson Junius Fernando, Zico Khistiany Yoessandy, Novarianty Kiki Indrawan Kristanto, Natanael Kristhy, Mutia Evi Kristian, Kristian Kusuma, Brata Libra Adelianty Asuransia Lukas, Yuapri M. Mukhlis Mandau Bakti Mawarni, Mira Mentari, Theresia Mugopal, Undang Mutia Evi Kristhy Nana Supriatna Novea Elysa Wardhani Peale, Norman Putra Mahardika Bagus M Putri Fransiska Purnama P Putri Fransiska Purnama Pratiwi Putri, Aprilia Rizki Setyobowo Sangalang Ronaldi Ronaldi Ronny Marthius Nababan Sandhi, I Gusti Bagus Sanjaya, Aditya Wiguna Saputra, Fandra Sari, Mia Zultrianti Satriya Nugraha Septian Noor, Rico Setiawan Noerdajasakti, Setiawan Silam, Achmad Adi Surya G. Sitorus, Esra Basaulina Sosanta, Theo Onesiforus Suriansyah Murhaini Suryansyah Marhaini Teeraphan, Papontee Thea Farina Trimortiono, Eko Basuki Wulandari, Kartika Putri Yanto, Diki Yestati, Ariani Yetno, Alfred Yongky Yongky