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Implikasi Pasal Multitafsir UU ITE Terhadap Unsur Penghinaan dan Pencemaran Nama Baik: Implications of the Multi-interpretation Article of the ITE Law on the Elements of Humiliation and Defamation Rachmawati, Fairus Augustina; Taduri, Januari Nasya Ayu
Seminar Nasional Hukum Universitas Negeri Semarang Vol. 7 No. 2 (2021): Seminar Nasional Pendidikan Tinggi Hukum: Berintegritas dan Berbasis Teknologi
Publisher : Fakultas Hukum Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snhunnes.v7i2.735

Since the beginning of the enactment of laws and regulations related to Electronic Transfer Information, there have been various pros and cons to several articles that are considered to have multiple interpretations, one of which is Article 27 paragraph 3 regarding insults and defamation. Where in the process, the provisions of the article refer to the offense of complaint, but there is no clear limit on the elements of insult and defamation, poses several threats of problems in the implications of the article, among others: 1) limitation of freedom of opinion guaranteed by the constitution and rights Human Rights, 2) lack of legal certainty, 3) the potential for overcriminalization, 4) the ineffectiveness of the article due to duplication of the Humiliation clause of the Criminal Code, 5) Arbitrary actions against the determination of the defendants by justice enforcers. In other words, the situation of multiple interpretations in the article causes the non- fulfillment of the legal objectives to create certainty, benefit and justice. The focus in this paper is to reaffirm the benchmarks for the elements of insult and defamation of Article 27 Paragraph 3 of the ITE Law which is still considered confusing and causes legal uncertainty and hampers the law enforcement process in Indonesia if the article is implemented. In addition, this paper will later provide solutions to these problems. The legal research method used is normative legal research through a statutory or statutory approach, and uses secondary legal data sources.

Integrated Land Registration System: Between Legal Certainty and Challenges (Case of Semarang City) Rachmawati, Fairus Augustina; Choirinnisa, Shafa Amalia; Latif, Latif
Indonesian Journal of Advocacy and Legal Services Vol 3 No 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society?
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i2.45895

In providing legal certainty for the control and ownership of community land parcels, the government carries out a program of registration and data collection of land parcels or what is called Complete Systematic Land Registration (PTSL). In its implementation, the city government of Semarang is targeting as many as 50,000 certificates to be registered with a total of 55,000 land parcels so that with a high quantity output, many problems will occur and a strategy is needed to solve it. Based on these problems, it is necessary to study related problems and the completion of the Semarang City PTSL Program 2021. The research was carried out using a juridical approach by obtaining the results of research in the field. Especially in the area of Ã¢â‚¬â€¹Ã¢â‚¬â€¹Bendan Duwur and Sampangan urban villages, Semarang City in implementing the PTSL program in 2021 in the City of Semarang. Through this research, the obstacles to implementing PTSL Semarang City 2021 lie in the implementation of socialization, data collection and asset registration as well as in digitizing PTSL data. The settlement strategy that can be taken to minimize the problems of implementing PTSL is by improving resource strategies, coordinating with villages / sub-districts in making a Physical Land Acquisition Statement, as well as educating the public regarding online data that has been undertaken to support conversion from analog data to data digital.

Integrated Land Registration System: Between Legal Certainty and Challenges (Case of Semarang City) Rachmawati, Fairus Augustina; Choirinnisa, Shafa Amalia; Latif, Latif
Indonesian Journal of Advocacy and Legal Services Vol 3 No 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society?
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i2.45895

In providing legal certainty for the control and ownership of community land parcels, the government carries out a program of registration and data collection of land parcels or what is called Complete Systematic Land Registration (PTSL). In its implementation, the city government of Semarang is targeting as many as 50,000 certificates to be registered with a total of 55,000 land parcels so that with a high quantity output, many problems will occur and a strategy is needed to solve it. Based on these problems, it is necessary to study related problems and the completion of the Semarang City PTSL Program 2021. The research was carried out using a juridical approach by obtaining the results of research in the field. Especially in the area of Bendan Duwur and Sampangan urban villages, Semarang City in implementing the PTSL program in 2021 in the City of Semarang. Through this research, the obstacles to implementing PTSL Semarang City 2021 lie in the implementation of socialization, data collection and asset registration as well as in digitizing PTSL data. The settlement strategy that can be taken to minimize the problems of implementing PTSL is by improving resource strategies, coordinating with villages / sub-districts in making a Physical Land Acquisition Statement, as well as educating the public regarding online data that has been undertaken to support conversion from analog data to data. digital.

Bring back Terrorist into the Society: How Indonesia Deradicalize the Terrorist Rachmawati, Fairus Augustina
Semarang State University Undergraduate Law and Society Review Vol 2 No 1 (2022): Legal Development in Modern Society: Contemporary and Controversial Issues on Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v2i1.53480

Southeast Asia is home to one-third of the largest Muslim population in the world. About 87% of Indonesia's population is Muslim, making it the majority religion in Indonesia. In Indonesia Terrorism is a threat that everyone knows that the form of crime is very dangerous, not only in Indonesia but also in different countries. As an example of the Bali Bombing case in 2002 has become the most important lesson for Indonesia, not only concerning the investigation and investigation of terrorism cases, but also how the de-radicalization effort becomes an important part in fighting terrorism. Entering the reform era, radical ideology has more free space to threaten national security. The problem at this time is that the synergy between TNI-Polri-Sipil is still often troubled, whether it is directly related to operations or not. Preventing terrorism is more meaningful, compared to the ability to arrest terrorists who have carried out bombings that killed tens or hundreds of people. Then, anyone who needs to be involved in a de-radicalization program to prevent the loss of lives and wounds that are in vain.

Penerapan Asas Kontradiktur Delimitasi pada Program PTSL di Kota Semarang Rachmawati, Fairus Augustina; Niravita, Aprila; Aminah, Aminah
Notarius Vol 17, No 3 (2024): Notarius
Publisher : Program Studi Magister Kenotariatan, Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/nts.v17i3.52232

ABSTRACTIn this study will examine the application of the Delimitation Contradictory Principle in the PTSL program and the factors that influence the application of the the Delimitation Contradictory Principle in the PTSL program. The research methods used empirical juridical research with a qualitative research approach. This research is located in Sampangan and Bendan Duwur Villages. The research results in the implementation of the Delimitation Contradictory Principle in the PTSL program in Sampangan and Bendan Duwur Villages, Semarang City have not been fully implemented in accordance with PP No. 24 of 1997, there are several obstacles that occur in its implementation such as the owner does not maintain the land and the absence of the owner or the bordering party at the time of measurement.Keywords: Implementation; Contradictoire Delimitatie; Land Registration. ABSTRAKPenelitian ini meneliti terkait penerapan Asas Kontradiktur Delimitasi pada program PTSL dan faktor yang mempengaruhi penerapan Asas Kontradiktur Delimitasi pada program PTSL. Metode penelitian yang digunakan yakni menggunakan penelitian yuridis empiris dengan pendekatan penelitian kualitatif. Penelitian ini berlokasi di Kelurahan Sampangan dan Bendan Duwur dimana menjadi tempat pelaksanaan Program PTSL di Kota Semarang. Hasil penelitian yakni penerapan Asas Kontradiktur Delimitasi pada program PTSL di Kelurahan Sampangan dan Bendan Duwur Kota Semarang belum sepenuhnya terlaksana sesuai dengan PP Nomor 24 Tahun 1997. Masih terdapat beberapa kendala dan hambatan yang terjadi pada pelaksanaannya seperti tidak diketahuinya pemilik tanah atau pihak yang berbatasan (no name) ketika akan diukur, pemilik yang tidak memelihara dan memperhatikan tanah kepemilikannya serta tidak hadirnya pemilik atau pihak yang berbatasan pada saat pengukuran.Kata Kunci: Penerapan; Kontradiktur Delimitasi; Pendaftaran Tanah

The Clear Pathway of the Constitutional Court's Decision on Adherents of Belief In Indonesia Wahanisa, Rofi; Mukminto, Eko; Al Fikry, Ahmad Habib; Rachmawati, Fairus Augustina
Indonesian Journal of Law and Society Vol 5 No 2 (2024): Indigenous Human Rights and the Cultural Resistance
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i2.47729

The conception of state of law holds the principles of human rights protection and independent as well as unbiased justice in its implementation. The Constitutional Court has a significant role in reviewing constitutionality under the constitution as stipulated in Article 24C paragraph (1) of the Constitution. The Constitutional Court's functions result in final, binding decisions. Judges play a crucial role in implementing impartiality and upholding laws in society. This notion corresponds to Article 5 paragraph (1) of the Law of Judicial Power and the theory of progressive law which view that laws are established for human life. The objectives of this article is: (i) pinpoint the functions of the Constitutional Court in reviewing the Law of Civil Administration; and (ii) uncover the implications of the Constitutional Court Decision Number 97/PUU-XIV/2016. The writer used a normative legal research. The results indicate that (i) in reviewing the Law of Civil Administration the Constitutional Court serves its functions as a constitutional guard, constitutional interpreter, human rights protector, and democracy protector. First, in reviewing a quo law the judges’ considerations are based on the 1945 Constitution as the realization of upholding the constitution. Second, as a constitutional interpreter, the judges interpret religions and beliefs are an integral entity. Third, granting the request of reviewing a quo law is considered as a concrete manifestation of fulfilling and protecting human rights, in this case native-faith followers. Fourth, the request granted provides a clear pathway for acknowledging the identity of native-faith followers so that they can freely practise their faith. (ii) The decision of a quo has massive implications for society and leads to the establishment of laws as a tool of social engineering. Recognizing native-faith followers in civil administration establishes a new norm, ensuring their rights are implemented and fulfilled. KEYWORDS: State of Law, Constitutional Court Decision, and Native Faith.

Integrated Land Registration System: Between Legal Certainty and Challenges (Case of Semarang City) Rachmawati, Fairus Augustina; Choirinnisa, Shafa Amalia; Latif, Latif
Indonesian Journal of Advocacy and Legal Services Vol. 3 No. 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society?
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i2.23094

In providing legal certainty for the control and ownership of community land parcels, the government carries out a program of registration and data collection of land parcels or what is called Complete Systematic Land Registration (PTSL). In its implementation, the city government of Semarang is targeting as many as 50,000 certificates to be registered with a total of 55,000 land parcels so that with a high quantity output, many problems will occur and a strategy is needed to solve it. Based on these problems, it is necessary to study related problems and the completion of the Semarang City PTSL Program 2021. The research was carried out using a juridical approach by obtaining the results of research in the field. Especially in the area of Bendan Duwur and Sampangan urban villages, Semarang City in implementing the PTSL program in 2021 in the City of Semarang. Through this research, the obstacles to implementing PTSL Semarang City 2021 lie in the implementation of socialization, data collection and asset registration as well as in digitizing PTSL data. The settlement strategy that can be taken to minimize the problems of implementing PTSL is by improving resource strategies, coordinating with villages / sub-districts in making a Physical Land Acquisition Statement, as well as educating the public regarding online data that has been undertaken to support conversion from analog data to data digital.

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