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All Journal JURNAL ILMIAH ADVOKASI Justisi : Jurnal Ilmu Hukum International Journal of Social Service and Research Journal of Law, Poliitic and Humanities Majority Science Journal Jurnal Hukum dan Keadilan
Arafat, Zarisnov
Unknown Affiliation
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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THE DISPARITY IN JUDGES' DECISIONS ON THE CRIME OF SEXUAL VIOLENCE AGAINST CHILDREN IS REVIEWED FROM LAW NUMBER 35 OF 2014 CONCERNING AMENDMENTS TO LAW NO. 23 OF 2002 CONCERNING CHILD PROTECTION (Study of Decision Number 858/Pid.Sus/2022/PN Bjm and Number Rengganis, Mutiara; Gagarin Akbar, Muhamad Gary; Arafat, Zarisnov
Justisi: Jurnal Ilmu Hukum Vol 9 No 2 (2024): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/jjih.v9i2.8003

Abstract

Sexual violence against children is a serious violation of human rights and moral norms. This study focuses on the disparity in sentencing in two cases of sexual violence against children involving the biological father as the perpetrator, namely decision Number 858/Pid.Sus/2022/PN Bjm and Number 137/Pid.Sus/2023/PN Grt. Both are included in the category of familial abuse, where violence occurs in the family environment. Although both cases involve violations of Article 81 paragraph (3) of the Child Protection Law with a maximum penalty of 20 years in prison, there are differences in sentencing. In the first verdict, the perpetrator was sentenced to 18 years in prison and chemical castration for 2 years, while in the second verdict, the perpetrator was sentenced to 20 years in prison without chemical castration. This disparity is caused by differences in juridical and non-juridical considerations by judges, although both aim to achieve legal certainty and the prevention of future crimes.
LAW ENFORCEMENT EFFORTS AGAINST LIMESTONE MINING ACTIVITIES IN TAMANSARI VILLAGE, PANGKALAN DISTRICT ARE LINKED TO LAW NUMBER 3 OF 2020 CONCERNING AMENDMENTS TO LAW NUMBER 4 OF 2009 CONCERNING MINERAL AND COAL MINING Setiawathi, Maya; Hidayat, Anwar; Arafat, Zarisnov
Justisi: Jurnal Ilmu Hukum Vol 9 No 2 (2024): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/jjih.v9i2.8004

Abstract

Law enforcement is the process of making efforts to uphold or function legal norms in real terms as a behavioral guideline in the legal relationship of community life. Mining crimes are acts that are prohibited by regulations that are subject to sanctions for perpetrators, in order to protect mineral and coal mining activities and businesses. Mining actors who do not have a permit are regulated in Article 158 of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. This action in limestone mining causes environmental damage and also triggers various negative impacts. The results of this study discuss how law enforcement efforts carried out by the Pangkalan Police in overcoming mining that does not have a permit in Tamansari Village, Pangkalan District and discuss the impact of the cause of air pollution in Tamansari Village, Pangkalan District as a result of this limestone mining. The empirical juridical research method used to answer the problems in this study with primary data sources consisting of the surrounding community, mining workers, community leaders, and law enforcement officials such as the police. The conclusion that can be drawn is that law enforcement efforts have not been maximized in overcoming mining that does not have permits because of the many resistance from the community, so further efforts are needed so that the public is aware of the law in Indonesia.
LEGAL PROTECTION FOR NOTARIES IN MAKING A DEED OF STATEMENT OF MEETING RESOLUTION (PKR) BASED ON CIRCULAR DECISIONS OUTSIDE THE GENERAL MEETING OF SHAREHOLDERS (GMS) MADE BY SHAREHOLDERS (Case Study at the Office of Notary Mulyani, S.H., M.Kn) Vironika, Tiyas; Abas, Muhamad; Arafat, Zarisnov
Justisi: Jurnal Ilmu Hukum Vol 9 No 2 (2024): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/jjih.v9i2.8008

Abstract

A notary is a public official authorized to make an authentic deed. The General Meeting of Shareholders (GMS) is an organ of a limited liability company that has the highest authority in the company that is not given to the Board of Directors and the Board of Commissioners. This study examines how circular decisions are made outside the GMS at PT WSA and how legal protection for notaries against the preparation of a deed of Meeting Decision Statement (PKR) based on Circular Decisions outside the GMS according to Law Number 2 of 2014 concerning Notary Positions. This study aims to find out the circular decision making outside the GMS at PT WSA and the legal protection for notaries against the preparation of a deed of Meeting Decision Statement (PKR) based on the Circular Decision outside the GMS according to Law Number 2 of 2014 concerning Notary Positions. The research method used is qualitative with a normative juridical approach. The hypothesis in this study is that the circular decision of PT WSA is carried out without being attended or carried out in the presence of a Notary. The notary does not play a role in making circular decisions of PT WSA, the notary only pours the contents of the circular decision into an authentic deed. So that the Notary cannot be prosecuted criminally or civilly, because in making the deed, the statement of the meeting decision has been in accordance with the content of the circular decision outside the GMS made by the shareholders of PT WSA without reducing, adding and changing its content
Efforts to Protect the Law of Sexual Violence Cases Against Children Relate to Law Number 35 of 2014 Concerning Child Protection Gagarin, M.Gary; Dewi, Sartika; Asyhadi, Farhan; Amaliya, Lia; Arafat, Zarisnov
International Journal of Social Service and Research Vol. 4 No. 02 (2024): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i02.731

Abstract

The Integrated Service Center for the Empowerment of Women and Children (P2TP2A) is expected to function as a community-based service institution. This community-based service acts as a crisis center unit by providing complaints, health, rehabilitation, social, counseling, legal assistance, repatriation, and social reintegration services (for trafficking victims). Sexual violence encompasses any action that diminishes, belittles, intimidates, or assaults an individual's body or reproductive capabilities, stemming from imbalanced power dynamics or gender inequalities. Such acts inflict psychological or physical harm, potentially disrupting reproductive health and impeding educational opportunities. Examples include rape and sexual abuse. This research focuses on examining legal protection efforts and identifying obstacles faced by P2TP2A (Integrated Service Center for Women and Children) in handling cases of sexual violence against children, utilizing an empirical juridical approach. The findings reveal that legal protection for children experiencing sexual violence is enshrined in Article 13 of Law Number 35 of 2014, which emphasizes the rights of children to be protected from various forms of harm, including discrimination, exploitation, neglect, cruelty, violence, abuse, and injustice. Supporting factors include the availability of financial assistance to fund P2TP2A activities, the dedication of officers and volunteers who prioritize the welfare of women and children, and the provision of office facilities by the government. However, there are inhibiting factors such as inadequate budget allocation, the unrealized Community-Free Integrated Child Protection Program (PATBN), insufficient human resources, the need for improvement in office facilities and infrastructure, and the lack of safe housing for victims who are still renting.
The Urgency of Certificate Ownership as Proof of Land Rights Ownership in Tempuran Village Arafat, Zarisnov; Putri, Desty Fiana; Arinta, Devi Arviani; Hariri, Mochammad Sofyan; Nurmala, Nurmala; Nugraha, Safaat; Salu, Vera Kartika
Jurnal Hukum dan Keadilan Vol. 1 No. 5 (2024): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i5.203

Abstract

One of the villages in Karawang Regency is called Tempuran village, which has a population of ± 4,300 people consisting of 11 RTs, 5 RWs and four hamlets. 60% already have a certificate, and 40% only have a verbal Deed of Sale and Purchase. Tempuran village follows the implementation of PTSL, which priorities systematic, complete, fast, simple and affordable principles for the Tempuran village community.  Some village communities already know about land title certificates but have not yet reached the stage of implementing them by the regulations governing them. In reality, land rights regarding legal certainty do not always correspond to what is expected. Implementation in the field often occurs when the community does not have/has not yet produced a certificate of land rights, even though the community has lived on the land for a long time. This research aims to determine the urgency of land certificates as proof of ownership of land rights and what steps must be taken to provide legal awareness to the people of Tempuran village to have land certificates. This research uses qualitative research. The approach method uses an empirical juridical approach. The Result of this study Land certificates have a very strong function as legal evidence in providing certainty and legal protection to the owner. By having a certificate, Tempuran villagers have a strong legal basis to defend their land rights, in accordance with applicable regulations. Counseling the community on the obligation to maintain land in accordance with the UUPA and updating land data is important to be carried out regularly to ensure the accuracy of land ownership information in Tempuran Village.
Efforts to Raise Legal Awareness For The People of Purwajaya Village to Have A Land Certificate as Authentic Proof of Land Ownership Sitorus, Silvan Daniel; Maula, Naufal Rodiyatul; Makhron, Fiki Muzaki; Putra, Reza Alamsyah; Bilan, Hikmat; Lukmanulhakim, Zaidan; Arafat, Zarisnov
MSJ : Majority Science Journal Vol. 2 No. 3 (2024): MSJ-AUGUST
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/msj.v2i3.197

Abstract

Purwajaya Village, located in Tempuran District, Karawang Regency, faces significant problems related to land certification. Many of these villagers do not yet have land certificates, which shows a lack of awareness about the importance of certification as proof of legal ownership. To overcome this issue, the village government carried out the socialization of the Complete Systematic Land Registration Program (PTSL) to speed up the certification process. This research on efforts to increase public awareness uses a qualitative descriptive methodology. In this context, the theory of legal awareness by Soejono Sukanto is used as a reference to evaluate the effectiveness of the program. This theory includes four main factors: (1) knowledge of legal provisions, (2) recognition of legal provisions, (3) respect for legal provisions, and (4) compliance with legal provisions. Through the lens of this theory, PTSL socialization efforts are expected to increase community legal awareness and improve the problem of land certification in Purwajaya Village
Marketplace Responsibilities and Sanctions in Cases of Consumer Losses (Futuristic Legal Perspective) Amaliya, Lia; Dewi, Sartika; Arafat, Zarisnov; Asyhadi, Farhan; Rosidawati , Imas
Jurnal Hukum dan Keadilan Vol. 2 No. 3 (2025): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i3.318

Abstract

Marketplace is a platform that has the task of acting as an intermediary between sellers and buyers to carry out the product transaction process online. Although from a business perspective it will benefit consumers, producers and the marketplace itself, from a legal perspective there will be many consequences that arise because there are no specific regulations governing this marketplace. Based on this, it raises the issue of whether the marketplace can be held legally responsible for consumer losses and how future laws can ensure that the marketplace is responsible for consumer losses that occur. With the normative legal method, the author analyzes laws and regulations, policy regulations, principles of e-commerce implementation, and principles of responsibility, which show that the marketplace platform as an electronic system organizer has legal responsibility in the event of losses to consumers. Conclusion Responsibility Related to the responsibility of business actors is regulated in Article 19 of Law No. 8 of 1999, while in Law Number 19 of 2016 in Article 15. And in Government Regulation Number 80 of 2019 it is regulated in Article 22 paragraphs (1) and (2). Although Indonesia already has regulations related to buying and selling through e-commerce platforms, their implementation is still considered ineffective in addressing consumer rights protection issues, so it is necessary to revise and harmonize inclusive laws and regulations, ensuring normative clarity and fairness in handling consumer rights violations in the marketplace.
THE EXISTENCE OF LEGAL PHILOSOPHY IN THE TRANSFORMATION OF THE INDONESIAN LEGAL SYSTEM IN THE ERA OF DIGITALIZATION Arafat, Zarisnov; Asyhadi, Farhan; Amaliya, Lia; Sartika Dewi
MSJ : Majority Science Journal Vol. 3 No. 2 (2025): MSJ-MAY
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/msj.v3i2.319

Abstract

The digitalization era has significantly transformed various aspects of life, including the legal system. This transformation demands not only technological adaptation but also philosophical reflection to ensure justice, human rights, and social welfare are upheld. This study aims to examine the role of legal philosophy in the transformation of Indonesia's legal system in the digital era and to analyze how philosophical foundations influence the realization of legal ideals, particularly the principle of expediency. The research employs a qualitative method with a normative juridical approach, utilizing literature review as the main source of legal analysis. The findings reveal that legal philosophy plays a vital role in guiding the development of a responsive, ethical, and humanistic legal framework amid rapid technological changes. Philosophical principles such as justice, legal certainty, mutual benefit, and human rights serve as the foundation in formulating legal policies in the digital context. The study concludes that integrating legal philosophy into digital-era lawmaking is essential to ensure that technological progress aligns with fundamental legal values and societal benefit.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA JUDI ONLINE DI INDONESIA: ANALISIS NORMATIF Saripudin, Asep; Arafat, Zarisnov; Abas, Muhamad
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.7577

Abstract

Ease of access to information contributes to cybercrime, and online gambling is a major activity that negatively affects online gamblers. The advancement of technology also makes it harder for the Indonesian government to track these websites. This study takes a qualitative approach, focusing on legal methods by examining current legal norms, especially those related to online gambling crimes. The study found that law enforcement carries out actions such as arresting and detaining individuals or agents involved in online gambling in Indonesia. To combat online gambling effectively, there needs to be strong cooperation among law enforcement, the government, and the community to reduce its negative effects. This enforcement is clearly outlined in Indonesia's laws and regulations. However, challenges like rapid technological advances and easy access to information and communication complicate the efforts to eliminate online gambling in Indonesia.Keywords: Criminal Law; Law Enforcement; Online Gambling
Legal Certainty For The Judiciary That Is Authorized To Adjudicate Corruption Cases That Occurred In Basarnas RI Putra, Reza Alamsyah; Arafat, Zarisnov; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2419

Abstract

Article 42 of the Corruption Eradication Commission Law grants the KPK (Corruption Eradication Commission) coordinating authority to oversee the investigation, inquiry, and prosecution of corruption crimes jointly committed by legal subjects under the jurisdiction of both military and general courts. The normative juridical research method, as a legal research approach, bases its analysis on literature review or secondary data sources as the primary foundation of the study, conducted through an in-depth examination of legal regulations and various literature references relevant to the issue under review. Based on an analysis of the relevant statutory provisions, it can be concluded that the Basarnas corruption case involving military personnel should be adjudicated by the Corruption Court, with several legal considerations. The Corruption Court is the competent body to try corruption cases within the National Search and Rescue Agency of the Republic of Indonesia, while maintaining institutional coordination between the KPK and the Indonesian National Armed Forces (TNI) as mandated by the Constitutional Court's decision. An in-depth analysis of the applicable statutory provisions indicates that the legal provisions regarding jurisdiction over corruption cases involving military personnel have undergone a paradigmatic shift from a personal jurisdiction approach to a subject matter jurisdiction approach. Based on this ruling, and considering that the Basarnas corruption case was initially investigated and discovered by the KPK, the Corruption Court is the competent body to adjudicate the case, including that of Air Marshal Henri Alfiandi as an active member of the TNI.
Co-Authors Abas, Muhamad Amaliya, Lia Arinta, Devi Arviani Asyhadi, Farhan Bilan, Hikmat Gagarin Akbar, Muhamad Gary Gagarin, M.Gary Hariri, Mochammad Sofyan Hidayat, Anwar Lukmanulhakim, Zaidan Makhron, Fiki Muzaki Maula, Naufal Rodiyatul Muhamad Abas Nugraha, Safaat Nurmala Nurmala Putra, Reza Alamsyah Putri, Desty Fiana Rengganis, Mutiara Rosidawati , Imas Salu, Vera Kartika Saripudin, Asep Sartika Dewi Sartika Dewi Setiawathi, Maya Sitorus, Silvan Daniel Vironika, Tiyas