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All Journal YUSTISI JHR (Jurnal Hukum Replik) JURMA : Jurnal Program Mahasiswa Kreatif Yustisi: Jurnal Hukum dan Hukum Islam Kanun: Jurnal Ilmu Hukum JURMA YUSTISI Jurnal Legislasi Indonesia Mizan: Journal of Islamic Law
Desty Anggie Mustika
Universitas Ibn Khaldun Bogor
Religion Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Implementation Of Capital Punishment In The Corruption Criminal Acts Law From A Human Rights Perspective Hidayat, Wahyoe; Mustika, Desty Anggie; Ferrary, Ande Aditya Iman
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.1845

Abstract

This thesis analyzes the implementation of capital punishment for the crime of corruption, specifically the embezzlement of social aid funds during a disaster, from a human rights perspective. The research is motivated by the massive phenomenon of corruption, which systematically deprives people of their basic rights, thus creating an urgency to provide a proportional legal response. The research method used is normative legal research, with a statute approach and a case study approach. The main data sources were obtained from legal regulations, such as Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, as well as international human rights instruments. The analysis was further strengthened by studying relevant court decisions in corruption cases related to social assistance. Our study reveals that the corruption of social aid during times of disaster constitutes an extraordinary crime, one that directly inflicts suffering and infringes upon people's right to life. Article 2, Paragraph (2) of the Anti-Corruption Law establishes a firm legal foundation for the death penalty, framing it as a measure to protect human rights from this systemic threat. From the standpoint of criminal jurisprudence, this penalty is consistent with retributive theory, which seeks proportional retribution, as well as utilitarian theory, which focuses on delivering the strongest possible deterrent to discourage future offenses. This study concludes that capital punishment for corruptors of social aid during a disaster is not a violation of human rights, but rather a manifestation of the highest form of human rights protection. The right to life of the corruptor cannot be prioritized over the right to life, the right to food, and the right to welfare of the millions of citizens who have become victims. Therefore, the state is obligated to consistently and firmly impose maximum criminal sanctions, including the death penalty, as a concrete form of enforcing justice and protecting the human rights of all Indonesian people.
Legal Protection of Electronic Land Certificates in the Implementation of Ministerial Regulation ATR/BPN No. 1 of 2021 A Case Study at the Bogor City Land Office Ahim, Ahim; Mustika, Desty Anggie; Aminda, Annisa
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2529

Abstract

This study examines the legal protection aspects of electronic land certificates under the implementation of Ministerial Regulation ATR/BPN No. 1 of 2021 at the Bogor City Land Office. Employing a qualitative descriptive approach with an empirical juridical method, the research analyzes normative foundations, implementation mechanisms, and practical challenges. Data were collected through interviews, field observations, and literature review. The findings reveal that electronic certificates possess strong legal legitimacy supported by digital signatures and encrypted data storage. However, several obstacles remain, including inadequate digital infrastructure, limited digital literacy among the public, and concerns about cybersecurity. Strengthening legal frameworks, improving technical readiness, and increasing public awareness are essential to ensuring effective legal protection and public trust in the digital land administration system.
Legal Protection for Tourism Bus Business Debtors in Fiduciary Disputes with Banking and Financing Companies: Analysis of the Constitutional Court Decisions No. 18/PUU-XVII/2019 and No. 2/PUU-XIX/2021 Maradhona, Dyra M.; Fajri, Ibrahim; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2530

Abstract

This research analyzes the legal protection for tourism bus business debtors involved in fiduciary disputes with banks and financing companies, focusing on the implications of the Constitutional Court Decisions No. 18/PUU-XVII/2019 and No. 2/PUU-XIX/2021. The study employs normative legal research with statute and conceptual approaches, using primary legal materials such as fiduciary law, the Constitution, and court decisions. The findings show that debtor protection operates through preventive and repressive mechanisms. Preventive protection is achieved through fair contractual clauses and procedural safeguards, while repressive protection is realized through judicial review and dispute resolution. The Constitutional Court decisions transformed fiduciary execution procedures by prohibiting unilateral repossession and requiring judicial authorization if the debtor objects. For tourism bus operators, these rulings restore legal balance and operational certainty, preventing financial loss due to unilateral asset seizures. However, obstacles remain, including low awareness of the decisions and ongoing extrajudicial practices by collectors. Therefore, further regulatory elaboration and consistent enforcement are needed to ensure equitable protection within Indonesia’s financing sector.
Co-Authors Achsan, Robbi Ady Purwoto Ahim, Ahim Al-Afghani, M. Mova Al-Afghany, M. Mova Amiludin Amiludin Aminda, Annisa Andika, Dika Dwiputra Bayu Aji, Muhammad Taufan Budy Bhudiman Darmawan, Ahmad Didi Hilman Dwiastuti, Rukmi Ferrary, Ande Aditya Iman Gustiani, Hesti Hardi, Prima Lestari Hidayat, Wahyoe husna, Mufidatul Ibrahim Fajri Jamhari, Muhammad Ari Khasanah, Khasanah Latifah Ratnawaty Maradhona, Dyra M. Mufidatul Husna Muhyar Nugraha Pangesti, Hayuning Dyah Pawening, Triani Indah Pebrian, Mahesa Tezar Prihatini Purwaningsih Purwaningsih, Prihatini Ratnawaty, Latifah Saharuddin Daming Sardi, Faras Olvila Setiawan, Ricko Sri Hartini Urrahman, M. Taopiq wati, Sulistia Wella Regina Selviana Yafi Romli, M. Al