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Muljono, Bambang Eko
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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REGULATION OF FINGERPRINTING IN CRIMINAL CASES IN INDONESIA: AUTHORITIES AND LIMITATIONS SUISNO, SUISNO; ISNAINI, ENIK; ROYANI, AHMAD; ROCHMAWANTO, MUNIF; MULJONO, BAMBANG EKO
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.v11i1.214

Abstract

AbstractIn the stage of the criminal case investigation process will be carried out through severalprocesses, one of which is by taking fingerprints. Fingerprints, which in English are calledfingerprints or ductyloscopy, are taken in the investigation process for further examinationof evidence that may be left at the scene of the crime. This research is a normative legalresearch that reveals two main problems, first: What is the legal basis for taking fingerprintsinrevealingcriminalacts,second,howistheauthorityofinvestigatorsintakingfingerprints to reveal criminal acts. In taking fingerprints until now there has been nospecific regulation, the name in the implementation of taking fingerprints of the Police isbased on Law Number 2 of 2002 concerning the republic police and Law Number 8 of 1981concerning criminal procedure law. And the authority of investigators in taking fingerprintsis contained in Article 15 letter h of the Law on the Indonesian National Police (Law of theRepublic of Indonesia Number 2 of 2002) Jo Article 7 paragraph 1 of the CriminalProcedure Code (KUHAP).
Application of Human Rights Principles in the Formation of Draft Laws Concerning the Civil Code Muljono, Bambang Eko; Rochmawanto, Munif; Tjahjani, Joejoen
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.v11i2.266

Abstract

Abstract As a rule of law, Indonesia has an obligation to guarantee people's welfare through law. Good legislation is legislation that has a basis or foundation called Grundnorm. Grundnorm is a foundation for forming laws that have the value of justice. Apart from that, good laws and regulations must fulfill principles and concepts, protect human rights, and must pay attention to community participation. Because the purpose of forming laws and regulations is to protect the public. This research aims to find out how good legislation is formed and how the community participates in implementing the formation of legislation. In forming laws and regulations, various aspects must be taken into account. This is so that the aim of forming legislation can be achieved and does not injure the rights of the Indonesian people. The formation of laws and regulations must be democratic, aspirational and participatory. Standard Norms and Regulations (SNP) on Human Rights is a document which is an implementable explanation of various human rights instruments, both international and national, as well as human rights norms which continue to develop dynamically, to suit the context and events, especially in Indonesia. Standard Norms and Regulations regarding the Right to Obtain Justice are expected to become references and guidelines in carrying out discussions and amendments to the Draft Criminal Code.
Consumer Protection In Power Purchase Agreement In Standard Agreement Perspective Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Winarno, Jatmiko; Rupawanti, Nadia
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.v12i1.304

Abstract

Solar energy provides consumers with the ability to generate their own electricity, Indonesia has 0.31 GW of solar power capacity, just shy of 0.03 percent of its total solar potential. Looking forward, the country plans to add up to 4.5 GW of solar capacity by 2030 in the PLN's Electricity Business Plan (RUPTL) 2021-2030, In the power purchase agreement, the above is not clearly stated in the clauses of the agreement, so it can cause multiple interpretations. The balance of the position of the parties in the standard power purchase contract between PT. PLN (PERSERO) with customers has not yet been fully realized. This is indicated that there are still articles in the power purchase agreement between PT. PLN (PERSERO) with customers, which are articles that only prioritize the interests of PT. PLN (PERSERO), which in this case is the party making the standard agreement. The Consumer Protection Law does not regulate Standard Agreements but regulates the contents of standard agreements called Standard Clauses.
Legal Protection for Child Victims of Exploitation in Criminal Acts of Theft Royani, Achmad; Muljono, Bambang Eko; Shefirah, Renny Dea
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.v13i1.367

Abstract

ABSTRACT This research is motivated by child victims of exploitation in the crime of theft. During the growth period of children, both physically and mentally, they need proper care and protection in accordance with applicable legal provisions. This type of research method uses normative juridical research using statutory approaches and conceptual approaches. From the above writing, it can be concluded that the legal protection of child victims of exploitation in the crime of theft is very important. Because children are categorized as victims of exploitation, they are used as perpetrators of theft by adults. In this case, the form of legal protection using diversionary settlement is regulated in Law Number 11 of 2012 concerning the Child Criminal Justice System and regulated in Article 59A as intended by Article 59 Paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
Authenticity of Auction Minutes as a Basis for Transfer of Land and or Building Sale-Purchase Rights Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Abidin, Zaenal
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.v13i1.372

Abstract

ABSTRACT This research is motivated by the Authenticity of Auction Minutes as the Basis for the Transfer of Land and/or Building Sale and Purchase Rights. to find the legal basis and explain the proof of auction minutes with applicable legal provisions. This research uses a normative legal research type, using a statutory approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. The results of this study can be concluded that the Authenticity of Auction Minutes as the Basis for the Transfer of Land and/or Building Sale and Purchase Rights is very important; auction minutes serve as evidence that the relevant auction legal act has been carried out. The legal act is cash in nature, as well as providing the transfer of rights to the object in question to the recipient of the rights. The form of the legal basis for Article 1, number 34 of the Regulation of the Minister of Finance Number 122 of 2023 concerning Auction Implementation Guidelines. And regulated in the provisions of Article 35 Vendu Reglement (Auction Regulations) concerning the Regulation of Public Sales in Indonesia (Ordinance of February 28, S. 1908-189 in effect since April 1, 1908). The provisions in Article 1868 of the Civil Code stipulate that: "An authentic deed is a deed in the form determined by law, made by or before authorized public officials for that purpose where the deed is made". Proof aims to establish the law between the two parties concerning a right so that a truth is obtained that has the value of certainty, justice, and legal certainty.
Review of the BPHTB Collection System in the Transfer of Land and or Building Rights according to Lamongan Regency Regulation No. 10 of 2023 concerning Regional Taxes Muljono, Bambang Eko; Royani, Ahmad; Sri Widayanti, Nurul Mahmuda
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.v12i2.333

Abstract

ABSTRACT Land and Building Acquisition Fee (hereinafter abbreviated as BPHTB) according to Law No. 1 of 2022 in Article 1 paragraph (37) states "Land and Building Acquisition Fee, hereinafter abbreviated as BPHTB, is a tax on the acquisition of land and/or building rights". The BPHTB collection system is calculated and paid by the taxpayer himself, namely with the Self Assessment System. In Lamongan Regency, Article 16 paragraph (1) of Lamongan Regency Regulation Number 10 of 2023 concerning Regional Taxes and Regional Retributions explains that PPAT/Notary requests proof of BPHTB payment from taxpayers, indicating that there are characteristics of a self-assessment system where BPHTB tax must be paid by taxpayers. In the Lamongan Regency Regulation, BPHTB payments are made electronically. In practice, this system is still mixed with the official assessment system in terms of research and calculation of BPHTB owed and then the supervision process by the government/fiscus carried out by the Lamongan Regency Regional Revenue Agency. Bapenda supervises if there is a discrepancy in the calculation, a tax underpayment letter will be issued which must be paid by the taxpayer, so that the self-assessment system is not fully running. This study uses a normative legal research method (normative law). The normative legal research method is a scientific research procedure to find the truth based on the logic of legal science from its normative side. In this normative research, the analysis method used is a qualitative approach by collecting data and materials needed through literature studies either through books, articles, journals or internet media. The results of this study are the system in collecting BPHTB, namely the self-assessment system, which still has the involvement of the fiscus/government in the BPHTB payment process, namely the official assessment system.
LEGAL PROTECTION AGAINST CONSUMERS IN E-COMMERCE TRANSACTION Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Nahdliyah, Hadziqotun; Putri Ayu Wangi, Yasmin Pinasti
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.v10i1.344

Abstract

Abstraction With the characteristics of e-commerce like this, consumers will face various legal problems and the current legal protection regulations for consumers have not been able to protect consumer rights in cross-border e-commerce transactions in Indonesia. In e-commerce transactions, there are no more country boundaries, so the consumer protection laws of each country like Indonesia's will not be enough to help, because e-commerce operates across borders. In this connection, legal protection for consumer rights must be carried out with an international approach through harmonization of law and cooperation with law enforcement institutions. In 2008, the Indonesian government issued Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. In this Law on Information and Electronic Transactions, it is regulated regarding electronic transactions, one of which is activities regarding buying and selling in this internet media.
MISSING THE ESSENCE OF CONSENT IN PERSONAL GUARANTEES IN ONLINE LOAN PRACTICES Muljono, Bambang Eko; Suisno; Sastradinata, Dhevi Nayasari; Asror, Nabil Al
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.v10i2.349

Abstract

Abstract Related to the problem of online loans that no longer heed the approval of third parties in appointing someone as a guarantor of the debtor's debt. Then the novelty will be offered as a solution to the existing problems by using a research method in the form of normative juridical which of course will be guided by the applicable laws miand regulations related to the problems that arise and other legal materials that are still relevant. In the economic sector, especially in non-bank financial institutions that provide online loan services, also use the internet as the main media. Seeing the facts that occur, namely regarding the rise of online loans as a creditor who makes a third party a guarantor of the debtor, outside the knowledge and without the consent of someone who becomes a third party, makes the public question how the government, especially those related to the financial sector, handles these cases. Especially for the Financial Services Authority (OJK), which has the authority and duty to supervise various non-bank financial institutions that have been regulated to be outside the authority of Bank Indonesia to supervise them. Because of these complicated problems, researchers are interested in researching further.
The Concept of Concursus Realis in Criminal Law; A Legal Study of The Crimes of Rape and Murder Seto Nugroho, Fajar; Ningtyas, Mega Ayu; Muljono, Bambang Eko; Hidayatullah, Ferdiansyah Safi’i
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.388

Abstract

Concursus realis in cases of rape accompanied by murder based on the provisions of criminal law in Indonesia in Article 65 of the Criminal Code (KUHP) provides for one sentence for perpetrators who commit two independent crimes simultaneously but have never had a previous court decision. The research method used is a normative legal approach by analyzing laws and regulations and accountability for related cases. The results of the study indicate that the application of concursus realis allows perpetrators to be subject to one sentence with a maximum sentence and can be increased by one third of the heaviest sentence, as long as there is an element of intent, the ability to be legally responsible, and the absence of a valid excuse. This principle is important to ensure justice in sentencing, not only based on criminal acts, but also the awareness and will of the perpetrator when committing the crime. In addition, the study highlights the need for caution and thoroughness of law enforcement officers and judges in implementing this provision, especially in cases related to human rights violations that have existed since birth which must be protected and respected. In cases involving human rights, such as rape and murder, the application of the law must be based on the national legal system. It is hoped that the results of this study can provide academic and practical contributions in supporting the enforcement of concurrent criminal law in Indonesia, as well as being a consideration for law enforcement so that the judicial process runs fairly and effectively.
Legal Liability of Beauty Product Business Owners for Overclaims on Products Suisno; Muljono, Bambang Eko; Saputri, Nur Rahmah; Achmad Ausathuha
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.390

Abstract

The beauty product industry in Indonesia is experiencing rapid growth which has also triggered the practice of overclaiming by business actors, namely excessive claims to the benefits or content of products without scientific basis. This practice misleads consumers and poses health risks, especially in skincare products. This research discusses two problem formulations: namely how the legal responsibility of business actors for the practice of overclaim, and how legal protection for consumers. This research uses normative juridical methods through statutory and conceptual approaches, the results of this study indicate that business actors can be held civilly, administratively, and criminally liable in accordance with the GCPL and BPOM regulations. Legal protection of consumers is carried out preventively, namely prevention efforts carried out before violations of consumer rights occur and repressive, namely a form of protection that includes dispute resolution, either through the court, the Consumer Dispute Resolution Agency (BPSK), or the provision of administrative and criminal sanctions to business actors who violate legal provisions.
Co-Authors Achmad Ausathuha Achmad Royani Asror, Nabil Al Hidayatullah, Ferdiansyah Safi’i Isnaini, Enik Nahdliyah, Hadziqotun Ningtyas, Mega Ayu Putri Ayu Wangi, Yasmin Pinasti Rochmawanto, Munif Royani, Ahmad Rupawanti, Nadia Saputri, Nur Rahmah Sastradinata, Dhevi Nayasari Seto Nugroho, Fajar Shefirah, Renny Dea Sri Widayanti, Nurul Mahmuda Suisno Suisno, Suisno Tjahjani, Joejoen Winarno, Jatmiko Zaenal Abidin