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p-Index From 2021 - 2026
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All Journal Jurnal Esensi Hukum Journal of Contemporary Law Studies Media Hukum Indonesia (MHI)
Laily Maghfiroh
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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Penyelesaian Sengketa Waris Akibat Surat Wasiat Tertulis Yang Memberikan Hak Waris Kepada Selain Ahli Waris Laily Maghfiroh; Nada Syifa Nurulhuda; Muhammad Dewanto Adi Saputra; Agus Mahardika; Muhammad Rizki; Dwi Aryanti Ramadhani
Journal of Contemporary Law Studies Vol. 1 No. 4 (2024): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i3.2626

Abstract

This research focuses on the resolution of inheritance disputes arising from wills that allocate assets to individuals other than the legal heirs. Using a normative juridical method with a conceptual approach, the study refers to provisions in the Civil Code and the Judicial Power Law. The study highlights the significant legal force of wills, which can override statutory inheritance rights if they comply with formal and material requirements. Emphasizing the necessity of thorough judicial consideration in dispute resolution, the research aims to ensure fair decisions that do not harm any party by adhering to authentic evidence and applicable legal provisions. An examination of Case Number 307/PDT.G/2021/PN JKT.SEL illustrates how an executor of a will, even if not a legal heir, can be legally recognized if appointed in a formally and materially compliant will. The results indicate that such executors can indeed be acknowledged, reinforcing the importance of the testator's intentions and legal certainty in inheritance division. The study concludes that while wills can legally appoint non-heirs as executors, ensuring compliance with legal procedures is crucial for upholding the testator’s wishes and maintaining fairness in inheritance disputes.
PELOLOSAN GIBRAN SEBAGAI CALON WAKIL PRESIDEN (KECACATAN PENGAMBILAN KEPUTUSAN DALAM PEREVISIAN UU PEMILU) Laily Maghfiroh; Muhammad Dewanto Adi Saputra; Regita Fakhira; Fortius Leonard
Esensi Hukum Vol 6 No 1 (2024): Juni - Jurnal Esensi Hukum
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/esensihukum.v6i1.427

Abstract

This paper discusses a juridical analysis of the nomination of Gibran Rakabuming Raka as the Vice Presidential candidate of the Republic of Indonesia in the 2024 General Election, which was triggered by the Constitutional Court's Decision Number 90/PUU-XXI/2023 concerning the age limit for presidential and vice-presidential candidates. This study aims to examine the validity of the decision-making process in the context of the principles of the rule of law, particularly the principles of justice, judicial independence, and constitutional ethics. The research employs a normative juridical approach and literature study of statutory regulations, Constitutional Court decisions, and opinions of constitutional law experts. The analysis reveals that the change in the age limit norm through the Constitutional Court’s decision contains ethical and legal defects, particularly related to a conflict of interest involving the Chief Justice at that time, Anwar Usman. These findings indicate that Gibran Rakabuming’s nomination is not merely a matter of formal legality but also reflects the weakened integrity of constitutional institutions that are supposed to uphold justice in a democratic system. Therefore, it is necessary to strengthen the oversight mechanisms of constitutional judicial bodies to prevent abuse of power.
Criminal Liability of Influencers as Online Gambling Affiliates from the Perspective of Information Technology Law Anggita Dwi Rahayu; Laily Maghfiroh; Syana Mifta Salsabila; Syifadilla Subagyo Putri
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17847357

Abstract

The development of information technology has significantly transformed commercial practices and communication, including the growing prevalence of online gambling promoted on social media by influencers or affiliators. This phenomenon raises legal concerns because such promotions constitute the distribution of gambling-related information, which is explicitly prohibited under Article 303 of the Indonesian Criminal Code (KUHP) and Article 27(2) jo. Article 45(3) of the Electronic Information and Transactions Law (UU ITE). This study aims to analyze the form of criminal liability imposed on influencers acting as online gambling affiliators and examine the application of criminal provisions under the UU ITE in relation to their involvement. Using a normative juridical method with statutory and conceptual approaches, this research finds that any affiliator who intentionally uploads, distributes, or provides access to online gambling websites may be held criminally liable unless a valid excuse eliminates their culpability. Paid promotional activities indicate intent, thereby fulfilling the element of unlawfulness and allowing the perpetrator to be charged based on their level of involvement, whether under Article 303 of the KUHP or the provisions of the UU ITE. However, the enforcement of criminal sanctions remains challenging, particularly in the evidentiary process, as it relies heavily on the validity of electronic evidence such as transaction records, social media uploads, or other digital traces. The absence of detailed technical guidelines for the collection and examination of digital evidence hampers optimal investigation and prosecution
Co-Authors Agus Mahardika Anggita Dwi Rahayu Fortius Leonard Muhammad Dewanto Adi Saputra Muhammad Rizki Nada Syifa Nurulhuda Ramadhani, Dwi Aryanti Regita Fakhira Syana Mifta Salsabila Syifadilla Subagyo Putri