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Penyelesaian Perselisihan Properti melalui Pendekatan Mediasi di Indonesia Tantimin, Tantimin; Febriani, Emiliya; Putra, Dharma
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.11419

Abstract

Land as a vital asset is one of the advantages of Indonesia, which is an agricultural country. The need for land has increased, leading to frequent land conflicts. The research method used in this research is normative research. Dispute issues can be resolved through litigation or non-litigation such as mediation. Mediation is an effective alternative in resolving disputes, with mediators helping to reach agreements without trial. However, there are obstacles such as temperament, low education level, and unclear land boundaries. Legal support for mediation is provided by law. It is important to understand the principles of mediation, which provides autonomy to the parties in achieving peace.
Reorientasi Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Narkotika Alhakim, Abdurrakhman; Manurung, Intan Feronika; Tantimin, Tantimin
Legal Spirit Vol 8, No 1 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.5028

Abstract

This study aims to review the legal aspects or legal reorientation towards children who are determined as perpetrators of narcotics crimes in Indonesia. This research is very important to be carried out conceptually to be able to provide measurable firm sanctions in accordance with the provisions of the Law on Narcotics and the Law on the Juvenile Criminal Justice System. This research is a normative juridical research using primary legal materials and secondary legal materials. The results of the study found that re-orientation of the legal aspects of children as perpetrators of narcotics crimes is very important to do because there is ambiguity related to the process of punishing children as drug offenders. First, the use of the Law on Narcotics as a basic object is still borne by the perpetrator in accordance with the stipulated articles, evidence that results in criminal sanctions according to the provisions. Second, for minors, the defense is still carried out in accordance with the Law on the Juvenile Criminal Justice System, where there is a reduction in sanctions that take into account the mental and physical condition of the child. When the verdict has been determined, the offender must be placed in a special correctional institution for children and given the right to medical rehabilitation and social rehabilitation because they consider the child's future. Third, the rehabilitation aspect can be prioritized as is the case when children are only designated as victims, or there is no evidence against them as the main perpetrators of Narcotics.
Perlindungan Anak dan Penegakan Hukum: Kajian tentang Hak Restitusi dalam Kasus Perdagangan Anak Tantimin, Tantimin; Hutauruk, Rufinus Hotmaulana; Nopriensa, Salsabella Dea
Journal of Law & Policy Review Vol 2, No 1 (2024): Journal of Law & Policy Review, June 2024
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v2i1.465

Abstract

Child trafficking cases are one of the fastest-growing crimes in the world. Lack of education and limited information make them vulnerable to being trapped in human trafficking. In the Indonesian legal framework, human trafficking is regulated in Law Number 21 of 2007 concerning the Eradication of Human Trafficking and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection which regulates the right to restitution. However, there are still weaknesses in law enforcement, namely for any criminal offense that restitution can be submitted, so law enforcement does not necessarily facilitate victims in applying for the right to restitution. The research method used in this study is a normative juridical research method. This approach involves problem analysis using primary reference materials which include statutory regulations as the main source (primary legal materials), as well as various secondary sources of legal materials, such as legal literature, legal books, scientific publications, and scientific articles. discusses the regulation and implementation of criminal sanctions against child traffickers and their rights to restitution to find appropriate and accurate answers. Based on the research results, law enforcement efforts regarding the crime of child trafficking and the right to restitution can be carried out in three stages, namely: during the crime, during the trial of the perpetrator of human trafficking, and after the verdict.
EFEKTIFITAS PENEGAKAN HUKUM TINDAK PIDANA RINGAN DI KOTA BATAM Tantimin, Tantimin; Febriyani, Emiliya; Pertiwi, Putri Nada
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8265

Abstract

The effectiveness of law enforcement is a crucial aspect in analyzing the performance of a country's legal system. The level of success in preventing law violations and creating a deterrent effect for potential criminals can be used as an indicator of effectiveness, both through existing legal theory and empirical approaches to law enforcement for minor crimes in accordance with applicable laws. The aim of this research is to identify the effectiveness of law enforcement against minor crimes in Batam City. The research method applied is the Empirical Legal Method, with data collection carried out through in-depth interviews with law enforcement officials, and researchers who are the key instruments for analyzing data accurately. The results of this research indicate that law enforcement against minor crimes in Batam City is in accordance with applicable operational standards. Analysis through interview data and a legal effectiveness theory approach shows that law enforcement against minor crimes in Batam City can be considered effective. These findings provide a clear picture of the achievement of law enforcement standards and their effectiveness, in accordance with relevant legal aspects.
POLEMIK MENINGKATNYA PERKAWINAN ANAK: REALITAS DAN PENCEGAHANNYA Tantimin, Tantimin
Maleo Law Journal Vol. 6 No. 1 (2022): April 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/mlj.v6i1.2365

Abstract

The Marriage Law stipulates that the minimum age for marriage is 19 (nineteen) years old for men and woman. However, there are still many people who practice marriage to children under the age of 19 (nineteen). The practice of child marriage can due to various factors, and has many negative impacts on children. The Covid-19 pandemic is one of the reasons for the increase in the number of child marriage in Indonesia. This study uses a normative juridical legal research method, based on written regulations and a literature study that examines aspects, theories, structures, and legal explanations related to this research. The data used is secondary data obtained from literature study. The approach used in this research is statutory approach. There is a Child Protection Law which is the legal umbrella in eradicating child marriage in Indonesia, but on the other hand, there are still many challenges in reducing the number of child marriage practices, one of which is the regulation related to marriage dispensation and the incessant criminal acts carried out under the guise of child marriage.
Penyitaan Hasil Korupsi Melalui Non-Conviction Based Asset Forfeiture sebagai Upaya Pengembalian Kerugian Negara Tantimin, Tantimin
Jurnal Pembangunan Hukum Indonesia Volume 5, Nomor 1, Tahun 2023
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v5i1.85-102

Abstract

Tindak pidana korupsi menciptakan kerugian yang begitu besar. Indonesia berada di tengah urgensi dibentuknya mekanisme yang efektif dalam mengembalikan kerugian negara dalam tindak pidana korupsi. Tujuan penelitian ini menganalisis potensi upaya penyitaan hasil korupsi melalui non-conviction based asset forfeiture sebagai pengembalian kerugian negara. Metode yang digunakan adalah metode yuridis normatif dengan pendekatan perundang-undangan dan konseptual. Penelitian ini menunjukkan adanya urgensi pembaruan mekanisme menanggulangi tindak pidana korupsi yang sudah ada, baik dari segi pidana maupun perdata, melalui mekanisme Non-Conviction Based Asset Forfetiure yang telah diatur dalam United Nation Convention Against Corruption, yang telah diratifikasi Indonesia melalui Undang-Undang No. 7 Tahun 2006 tentang tentang Pengesahan United Nations Convention Against Corruption, 2003. Penelitian ini juga menjelaskan baiknya potensi pengaturan mengenai Non-Conviction Based Asset Forfetiure dalam menanggulangi dampak korupsi di Indonesia, melalui Rancangan Undang-Undang tentang Perampasan Aset Tindak Pidana yang hingga saat ini belum disahkan pemerintah.
THE IMPERATIVE OF REGULATING BODY-WORN CAMERAS FOR THE INDONESIAN POLICE FORCE Tantimin, Tantimin; Alhakim, Abdurrakhman
Masalah-Masalah Hukum Vol 53, No 1 (2024): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.53.1.2024.56-66

Abstract

Despite global adoption, Indonesia's criminal justice system lags in utilizing body-worn cameras (BWCs), hindered by the absence of a regulatory framework. This disparity complicates efforts to curb police misconduct, ensure accountability, and protect individual rights. The study underscores the urgency of promoting transparency and rebuilding public trust in law enforcement. It identifies a disconnect between the conceptual need for BWCs and the lack of normative support in Indonesia. Key challenges include oversimplified data classification, inadequate mechanisms for handling biometric data, and a lenient police code of ethics on evidence management. These issues pose significant challenges to the BWCs’ effectiveness, undermining their potential to enhance accountability. By addressing these issues, BWCs can realize their full potential in contributing to a more accountable and  ethical data protection standards. 
Promoting Responsible Vehicle Ownership to Prevent Underage Driving and Motorcycling: A Legal Solution for Indonesia Tantimin, Tantimin; Jaya, Febri; Tan, David; Fitri, Winda
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25541

Abstract

This study aims to address and ultimately find the solution to the phenomenon of underage driving and motorcycling in Indonesia. The continued rise of vehicle ownership has also increased the risks of traffic accidents, which are then exacerbated by the phenomenon of underage driving and motorcycling. Ultimately, this has raised the urgency to thoroughly analyze the causes behind this phenomenon and explore other legal angles to curb this problem and increase the safety of all road users. Through the normative legal research method with statutory approach, this study finds that there are normative inadequacies within the relevant legal framework to tackle the issue of underage driving and motorcycling. This study also proposes a strategy to help tackle this problem by focusing on holding vehicle owners more accountable with a structured penalty system directly to the owners of the vehicles, as they are enabling this dangerous behavior.
Precarious Struggle to Criminalize Radicalization and Terrorism Doctrine Actions Tantimin, Tantimin; Agustini, Shenti; Jaya, Febri; Tan, David
Jurnal Wawasan Yuridika Vol 7 No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4210

Abstract

Radicalism and terrorism are closely related as threats to peace and harmony, as bothare flawed manifestations of religious values and ideologies. The radicalization processcarried out by members of various terror organizations in Indonesia has not receivedmuch attention and hasn”™t been responded with concrete efforts to stop its spread asthe precursor to terrorism. The normative legal research method is used in this studyto analyze the positive elements and purposes of regulations related to the educationalsystem, free speech, and radicalism prevention in Indonesia. Findings of this studyillustrate the legal urgency in Indonesia to carry out normative construction regardingthe criminalization process of radicalization, as well as its limitations and obstacles,as part of the effort to prevent criminal acts of terrorism. As a point of prevention andresistance to the spread of radicalism and terrorism in Indonesia, this criminalizationprocess is juxtaposed with the existing education system.
Bahasa Inggris Putri, Erika Emilia; Silviani, Ninne Zahara; Tantimin, Tantimin
Uti Possidetis: Journal of International Law Vol 6 No 2 (2025): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i2.40835

Abstract

Background: This study discusses the regulation and mechanism for the return of assets resulting from corruption crimes through international cooperation in the form of Mutual Legal Assistance (MLA) by comparing the practice in Indonesia and Singapore.Methodology: This study uses normative research methods and data collection techniques through literature review with secondary data sources and using statute and comparative approaches. Objectives: The study aims to compare the asset recovery practices through MLA in Indonesia and Singapore. Findings: The findings of this study reveal that Indonesia is still standing on a relatively suboptimal rate of return on assets resulting from corruption compared to Singapore. And, although Indonesia is a party of the ASEAN MLA, Indonesia also implements the bilateral agreements with countries inside and outside ASEAN. Originality/Novelty:The results of this study show that Indonesia needs to strengthen its diplomacy ties with the other countries, pass the Asset Forfeiture Bill, and make the ASEAN MLA as its main agreement to implement an efficient asset returns in the ASEAN region.