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All Journal SUPREMASI: Jurnal Pemikiran, Penelitian Ilmu-Ilmu Sosial, Hukum dan Pengajarannya Pembaharuan Hukum International Journal of Law Reconstruction DE LEGA LATA: Jurnal Ilmu Hukum NUSANTARA : Jurnal Ilmu Pengetahuan Sosial WAJAH HUKUM Unes Law Review Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Eksekusi : Journal Of Law JURNAL USM LAW REVIEW LEGAL BRIEF Jurnal Hukum Lex Generalis Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon UNES Journal of Swara Justisia Jurnal Pengabdian Masyarakat (ABDIRA) Collegium Studiosum Journal Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Comprehensive Science VIVA THEMIS- Jurnal Ilmu Hukum dan Humaniora Journal of Law, Poliitic and Humanities Jurnal Hukum dan Keadilan Journal of Strafvodering Indonesian
Guntara, Deny
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Physics Public Health Social Sciences Other

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CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF THE CRIMINAL ACT OF EMBAGLEY OF RENTAL CARS IN CONNECTION WITH ARTICLE 372 OF THE CRIMINAL CODE (Case Study at Wulan Rent Car) Patul Mudin, Arip; Guntara, Deny; Abas, Muhamad
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6131

Abstract

Every criminal act cannot be separated from a series of causes and effects. Legal events that conflict with statutory regulations always cause harm to other people. Criminal accountability is intended to determine the condition of a perpetrator of a criminal act, whether or not the perpetrator can be punished for the criminal act he committed, in this case namely the crime of embezzlement as regulated in Article 372 of the Criminal Code. The issues raised are  What is the criminal responsibility for the perpetrator of the criminal act of embezzling a rental car belonging to Wulan Rent Car and what criminal sanctions are applied to the perpetrator of the criminal act of embezzling a rental car belonging to Wulan Rent Car. The research method used is qualitative using an empirical juridical approach because it examines actual legal events directly. Criminal responsibility is fundamental for compensating for losses incurred by victims of criminal acts of embezzlement, namely by being accountable before the law by bearing the legal consequences that they must undergo because this is within the authority of law enforcement officials and compensating for losses suffered by victims of criminal acts of embezzlement. victims of criminal acts worth of lost objects. determined. Settlement of compensation must also be carried out through a court decision in the criminal field which has permanent legal force.Keywords: Criminal Liability, Crime, Embezzlement.
LAW ENFORCEMENT EFFORTS AGAINST TRAFFIC ACCIDENT CRIMES LINKED TO LAW OF THE REPUBLIC OF INDONESIA NUMBER 22 OF 2009 CONCERNING TRAFFIC AND ROAD TRANSPORTATION Ranisya Hadi, Vira; Guntara, Deny; Abas, Muhamad
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6006

Abstract

To encourage economic development, technological progress, local government, state formation, administrative responsibility, and the safe and effective transportation of people and goods across the country, the federal government must fulfill its commitment to a highly developed transportation infrastructure. The purpose of this is to learn about incidents involving vehicles and seek efforts from law enforcement and the public to reduce the number of traffic accidents. Empirical Juridical Methodology is used in this research process and research specifications use analytical descriptive. The results of the research from the first problem formulation are, as a preventive measure, increasing supervision of road traffic and transportation such as facilities and infrastructure, infrastructure, and vehicle safety on the road and secondly, based on the law, criminal accidents are an incident caused by unintentional, negligent and careless driving by a perpetrator. The author concludes that in efforts to enforce traffic laws, there needs to be awareness and an important role for the government, as well as law enforcers, to participate in encouraging the public to be more aware when driving and pay attention to whether vehicles are suitable for use or not. For perpetrators of traffic accident offenses there are sanctions that apply through Article 310, but in general in traffic accident cases the Restorative Justice method is often used because the incident is an Ordinary Offense. Keywords: Transportation; Traffic; Road Transport; Security.
Juridical Analysis of Criminal Sanctions Against Perpetrators of Abortion Crimes Reviewed from the Criminal Code and Health Law (Study of Decision Number 333/Pid.Sus/2021/PN Bks) Minetha, Adelli Ritza; Guntara, Deny; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1580

Abstract

Most people consider illegal abortion to be very heinous, uncivilized, depriving potential human beings of their right to life, but on the other hand, an inner struggle occurs between a pregnant person to continue her pregnancy or not. The topic raised in this study is related to a pregnant woman, who may not want her pregnancy to then have an illegal abortion, to understand the criminal punishment given to the perpetrators of the crime of illegal abortion in accordance with the Decision of the Bekasi State Court Number 333/Pid.Sus/2021 PN Bks, as well as to understand the legal regulatory steps taken and decided on the perpetrators of the crime of abortion in Bekasi.  The research that the author raises can be obtained with a normative research system by reading the leteration, studying and understanding the more complex Indonesian legal systematics at the core of the problem. To support this research material, the author also analyzes and harmonizes based on theories from study experts that are relevant to the problem with a qualitative approach method. The results of the author's research show that the decision taken by the Bekasi District Court Decision Case Number 333/Pid.Sus/2021/PN Bks, namely the determination of the judge to consider sanctions for the perpetrators of the crime of abortion. Also as a sanction of legal consequences due to illegal abortion, the defendant is legally and convincingly declared guilty and must be held responsible for acts that violate criminal law.
Menakar Keadilan dalam Pemutusan Hubungan Kerja Sepihak: Perlindungan Hukum Bagi Buruh dalam Perspektif Undang-Undang Cipta Kerja Sihabillah, Ahlan; Guntara, Deny; Abas, Muhamad
Jurnal Hukum Lex Generalis Vol 6 No 5 (2025): Tema Hukum Perburuhan dan Ketenagakerjaan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i5.846

Abstract

In everyday life, economic activities often involve legal agreements between parties regarding an agreed-upon object. In Indonesia's Civil Law system, various types of contracts are regulated, including employment relationships. This study aims to identify the factors leading to termination of employment (PHK) based on the Job Creation Law and to explore legal protection for workers who experience unilateral termination. The focus of this research includes the analysis of employment termination mechanisms under the Job Creation Law, and the legal efforts available to workers against unilateral termination carried out by companies. This research is normative in nature, employing a qualitative method and a normative juridical approach. This approach involves examining rules, norms, and regulations relevant to unilateral termination through a literature study, which includes reading, quoting, copying, and analyzing related theories. The primary data used are secondary data, while primary data serve as supporting data. The findings indicate that there are cases of unilateral termination that violate the Job Creation Law. The ambiguity of sanctions in the law creates loopholes for companies to carry out unilateral terminations. Workers affected by unilateral termination are entitled to legal protection as stipulated in the Job Creation Law, which is part of the commitment to improving economic quality. Companies that conduct unilateral termination must also face sanctions in accordance with violations of the law and the uncertainty of citizens' constitutional rights.
Juridical Analysis of the Position of Actors "Participating in Carrying Out" in the Distribution of Illegal Drugs Based on Law Number 36 of 2009 Regarding Health (Study Decision Number 210/Pid.Sus/2023/PN Kwg) Syahida, Nadia; Guntara, Deny; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.399

Abstract

The purpose of this research is to determine the regulations regarding Medeplegen's participation in Indonesian criminal law and to analyze criminal penalties for perpetrators of participation in the distribution of pharmaceutical preparations of illegal drugs. illegal in District Court Decision Karawang Number 210/Pid.Sus/2023/PN Kwg. Indonesia is a legal country that prohibits the circulation of pharmaceutical preparations or drugs forbidden without permission especially drugs the enter into the Psychotropic and Narcotics categories. But in reality, there are many distributors of pharmaceutical preparations in the form of drugs classified as psychotropics and narcotics without permits or illegally. Most of them do it not alone but in collaboration. This is included in the act of participation (Delneming), and then the party participating is called Medeplegen, as is the case in Decision Number 210/Pid.Sus/2023/PN Kwg. Qualitative and normative legal approaches are used as research methods taken from literature or material obtained from library research, and research specifications use analytical descriptive. The results of the research are: (1) That the distribution of pharmaceutical preparations with inclusions violates Article 197 of Law Number 36 of 2009 concerning Health, "taking part" or "participation" (Medeplegen) is regulated in Article 55 of the Criminal Code, and in terms of the element " inclusion” namely in the form of conscious cooperation (bewuste samenwerking). (2) There is a difference between the application of the law and the reality of the verdict in Decision Number 210/Pid.Sus/2023/PN Kwg, where the amount of the fine is less than that stated in Article 197 of the Health Law, but the author sees and appreciates the considerations The Panel of Judges and pay attention to considerations regarding mitigating circumstances for the Defendant.
Comparative Analysis of the Crime of Adultery Based on the Old Criminal Code and the New Criminal Code to Realize Justice Darsono, Ahmad Bagas Dwi; Guntara, Deny; Abas, Muhamad
Journal of Strafvordering Indonesian Vol. 1 No. 5 (2024): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/exdzq989

Abstract

Law number 1 of 2023 was prepared as an update of the old product, namely the Netherlands Heritage Fund. Various new paradigms of legal protection are part of the preparation of the draft of Law number 1 of 2023. However, at the same time, the protection of commercial sex workers (PSK) is still limited to efforts to provide a deterrent effect on those who allow prostitution to occur. In fact, the solution to the problem of prostitution should be solved systematically with lex specialis who raises issues involving prostitution. Meanwhile, the weakness of Law number 1 of 2023 is that it has not solved the core problem of brutal and inhumane social justice in prostitution. However, Law number 1 of 2023 has at least stopped the criminalization of prostitution. This research is prepared by normative juridical methods and reviews the law in depth based on the editorial and context of legal products of Law number 1 of 2023 on the basis of research to find.
Legal Protection for the Welfare of the Generation Z Exodus: A Constitutional Law Perspective in Fulfilling Constitutional Rights Nugraha, Tirta; Guntara, Deny; Rahmatiar, Yuniar; Fauziah, Margie Rahayu
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1288

Abstract

This study aims to examine legal protection for the welfare of Generation Z in the context of exodus or migration, both abroad and between regions, triggered by dissatisfaction with socio-economic conditions at home. From the perspective of constitutional law, Generation Z as part of Indonesian citizens has constitutional rights to work, education, and social welfare as guaranteed in Article 27 paragraph (2), Article 28C, Article 28D paragraph (1), and Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This study uses a qualitative method with a normative legal approach and descriptive-analytical specifications, with data collection techniques through literature studies of national laws and international legal instruments. The results of the study show that although the basic rights of Generation Z have been guaranteed in various laws, their implementation is still weak. High unemployment, unequal access to education and health, and minimal protection of the informal sector such as the gig economy, have encouraged the emergence of the Gen Z migration phenomenon, including through the hashtag "KaburAjaDulu". This reflects the state's failure to provide decent employment and social security. This study recommends regulatory reform with a progressive legal approach and data-based affirmative policies. The state needs to strengthen institutions such as BP2MI and ensure real legal protection for Generation Z through a legal political commitment to social justice.
CRIMINAL LIABILITY FOR ONLINE GAMBLING PROMOTION IN THE YOUTUBE COMMENT COLUMN Hariri, Mochammad Sofyan; Guntara, Deny; Abas, Muhamad; Pratama, Raka Indra
Hukum Responsif Vol 16 No 2 (2025): Vol 16 No 2 August 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i2.10358

Abstract

The phenomenon of online gambling promotion through the YouTube comment column is a new challenge in criminal law enforcement in the digital era. Although it seems trivial, this action is part of a crime that can harm society. This study aims to analyze the existing online gambling regulations in Indonesia and the forms of criminal liability against perpetrators of online gambling promotion in YouTube comment sections. The method employed is a normative juridical approach with a legislative focus and a literature study. The results of the study show that the act of promoting online gambling in the comment column can be categorized as violating Article 27 paragraph (2) of the ITE Law and Article 303 of the Criminal Code (as well as the provisions of articles 426 and 427 in the New Criminal Code) because of deliberately disseminating electronic information containing gambling without permission.  Under certain conditions, YouTube account owners can also be held accountable if they neglect to moderate. Meanwhile, platforms like YouTube have a responsibility to take down illegal content. The results of this study indicate that online gambling promotion through comments can still be legally charged, even though it is done indirectly, suggesting that an adaptive and collaborative legal approach is necessary among authorities, platforms, and the public.
Utilization Of Electronic Technology in Ptsl Program in Karawang Regency And Its Implications On Issuance Of Electronic Documents in Land Registration Activities Based On Permen No. 3 Year 2023 Aidina, Fitria; Guntara, Deny; Abas, Muhamad
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 2 (2025): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i2.24336

Abstract

The Complete Systematic Land Registration Program (PTSL) is a government strategy to provide legal certainty over land asset ownership in order to create social and economic stability in society. This legal certainty not only increases the economic value of land assets but also strengthens social harmony by minimizing the potential for agrarian conflicts. The implementation of PTSL encourages public legal awareness, creates a healthier legal environment, and facilitates transparent and legitimate land transactions. The use of technology in the implementation of PTSL however has a gap between theory and practice. This study aims to understand the use of electronic technology in the Complete Systematic Land Registration Program (PTSL) in Karawang Regency and the implications of the implementation of the Minister of ATR/BPN Regulation No. 3 of 2023 on the process of issuing electronic documents in land registration in the region. The research methodology uses qualitative analysis using an empirical legal approach, namely solving problems by examining secondary data and primary data in the field. The results of the study, in Karawang, PTSL accelerates the land legalization process and increases community participation in data collection. Collaboration between the community, technological support, and the active role of government officials are the main keys to the success of PTSL. This program is a real model of synergy between the state and society in realizing inclusive and sustainable agrarian legal certainty.
Legal Analysis of Financial Sector Supervision and Regulation for Consumer Protection in Financial Services Guntara, Deny; Abas, Muhamad
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.41469

Abstract

The establishment of the Financial Services Authority (Otoritas Jasa Keuangan/OJK) is rooted in a critical evaluation of banking supervision in Indonesia. The issuance of Government Regulation No. 4 of 2023 concerning the Strengthening and Development of the Financial Sector is an effort by public institutions to encourage government support through changes in Indonesia’s monetary sector. This study examines how Law No. 4 of 2023 impacts financial services actors (market conduct), its effect on the consumer protection system in financial services, and its influence on financial education and literacy in society. This study uses a normative legal research method with a juridical-normative approach. Government Regulation No. 4 of 2023 has a positive impact by strengthening the authority of the OJK to supervise the behavior of the financial industry. This aims to protect consumers’ interests, maintain national economic stability, and provide legal certainty for businesses in the financial technology sector. The Financial Technology Industry Law has a positive impact on financial sector consumers. This law not only protects consumers and regulates the financial technology industry but also emphasizes the importance of financial literacy education. The Government Regulation No. 4 of 2023 acts like a pseudo-down payment provision within supported monetary policies and provides security for buyers in the monetary sector. This study concludes that Government Regulation No. 4 of 2023 significantly strengthens the legal framework for regulating market conduct and protecting financial consumers in Indonesia.
Co-Authors Abas, Muhamad Abbas, Muhamad Abdul Majid, Luky Abdurakhman, Maman Aidina, Fitria Aini, Nida Qurratul Akbar, Gary Gagarin Anggy Giri Prawiyogi Arisa Wongchai Asyhadi, Farhan Atmaja, Annisa Tri Darsono, Ahmad Bagas Dwi Devi Arviani Arinta Dewi, Cindy Aulia Fauzan, Ade Ahmad Fauzi, Muhamad Jiia Fauziah, Margie Rahayu Gugun Gunawan, Gugun Gunawan, Endang Ano Hariri, Mochammad Sofyan Hendri Gunawan Herman, Rizky Nurjulianto Hidayat, Anwar Himim, Aldora Ananda Putra Irawan, Surya Iswandi, Erik Ivan Hanafi Ixal, Da'i Safuad Izdihar, Naufal Koswara, Wahyu Kurnia, Didiek Lubis, Adyan Mahmudi, Afrizal Makhron, Fiki Muzaki Maulida Ridfar, Lulu Minetha, Adelli Ritza Mohamad ArdinSuwandi Muhamad Abas Mutiara Dewi, Chalidya Nasution, Moh Sofyan Naufal, Raden Hisyam Al Noviandi, Muhamad Topik Nugraha, Tirta Nur Elita, Raden Lita Nurdin Nurdin Patul Mudin, Arip Pratama, Raka Indra Prilly Larasati, Dwiana Putra, Daffa Fauzan Hanif Angkoso Putri, Shilva Alya Rahman, M. Rafly Dwi Rahmatiar, Yuniar Ramadani, Trisna Ramdhani, Alvian Ranisya Hadi, Vira Robillah, Robillah Sakum, Sakum Sampurna Banyuaji, Sampurna Sihabillah, Ahlan Sopyan Sopyan Syahida, Nadia Targana, Tatang Triana Dewi, Liza Ulandari, Mega Wahyudi, Rikes Yani, Abdul Yulianti, Yuli