Articles
Peran dan Tantangan Implementasi Hukum Internasional tentang Hak Asasi Manusia dalam Penanganan Kejahatan Terhadap Kemanusiaan
Arief Fahmi Lubis;
Kalijunjung Hasibuan;
Paramita Andiani
Jurnal Hukum dan HAM Wara Sains Vol 2 No 10 (2023): Jurnal Hukum dan HAM Wara Sains
Publisher : Westscience Press
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DOI: 10.58812/jhhws.v2i10.708
Dengan dampak yang mendunia, kejahatan terhadap kemanusiaan termasuk di antara pelanggaran hak asasi manusia yang paling serius. Perundang-undangan hak asasi manusia internasional telah berkembang untuk menawarkan struktur untuk mencegah dan menuntut pelanggaran-pelanggaran ini, tetapi ada banyak hambatan yang harus diatasi dalam penerapannya. Penelitian ini mengeksplorasi fungsi dan kesulitan penerapan hukum hak asasi manusia internasional terhadap masalah kejahatan terhadap kemanusiaan. Untuk memberikan pemahaman yang menyeluruh tentang subjek ini, penelitian ini mengintegrasikan informasi dari literatur yang ada dengan wawancara dengan para ahli dan praktisi di bidang hukum. Temuan-temuannya menyoroti pentingnya norma-norma dan institusi hukum internasional dalam menuntut pertanggungjawaban para pelaku. Temuan ini juga menarik perhatian pada kesulitan-kesulitan penting yang berkaitan dengan masalah politik, aspek budaya, masalah hukum dan yurisdiksi, dan keterbatasan sumber daya. Kesimpulan dari studi ini adalah bahwa untuk mengatasi masalah-masalah ini diperlukan upaya bersama yang mencakup peningkatan kolaborasi internasional, mengalokasikan lebih banyak sumber daya, meningkatkan pengetahuan tentang hukum hak asasi manusia, dan mempertimbangkan perbedaan budaya regional. Studi ini menekankan pentingnya untuk terus memperkuat penerapan undang-undang hak asasi manusia internasional agar berhasil memerangi kejahatan terhadap kemanusiaan.
A critique and solution of justice, certainty, and usefulness in law enforcement in Indonesia
Muhamad Romdoni;
Mawarni Fatma;
Rizki Nurdiansyah;
Suyanto Suyanto;
Arief Fahmi Lubis
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)
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DOI: 10.35335/jls.v5i4.4269
In Indonesia, law enforcement agencies do not collaborate to achieve justice. Due to the legal institution's position and status, the Supreme Court is responsible for adjudicating and deciding cases, while the executive is responsible for investigating and adjudicating. Consequently, instead of striving to uphold the law in the public interest, they typically prioritize the interests of their respective institutions. Therefore, the purpose of this study is to determine if law enforcement and judicial justice can bring harmony to those seeking justice. This study aims to provide answers through the use of juridico-philosophical methods and literature studies by conducting theoretical studies of theories of justice and their relationship to the implementation of law enforcement within the judiciary. The findings indicate that power and other powers continue to influence the judicial system as an institution whose independence in upholding law and justice is guaranteed, particularly the influence of executive power and political power. In addition, the court's function as a law enforcement agency is not entirely autonomous, so the court's primary responsibility is to promote peace and justice in society. Therefore, in order to promote a sense of tranquility among justice advocates, it is necessary to strengthen the justice system, which is their final sanctuary.
The Urgency of Implementing Illicit Enrichment Regulations in Eradicing Corruption in Indonesia
Juang Intan Pratiwi;
Arief Fahmi Lubis
West Science Law and Human Rights Vol. 1 No. 1 (2023): West Science Law and Human Rights
Publisher : Westscience Press
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DOI: 10.58812/wslhr.v1i1.8
Corruption cases in Indonesia are very widespread and even always increase every year. In Indonesia itself, there are regulations regarding corruption, namely the Corruption Law, the TPPK Law, the TPPU Law and other related regulations. However, these regulations are still not able to provide maximum handling. Because it places more emphasis on punishing the perpetrators and has not maximized the recovery of state financial losses. For this reason, a regulation is needed to be able to deal with corruption in Indonesia and optimize the recovery of state financial losses or the return of corrupted assets. Illicit Enrichment is a rule regarding the illegal or unfair wealth of public officials compared to their income. Illicit Enrichment is regulated in the UNCAC convention which was ratified by the United Nations in Mexico and Indonesia is a participating country in the convention as well as ratifying the UNCAC convention. However, until now in Indonesia in the regulations regarding criminal acts of corruption there are still no rules regarding Illicit Enrichment. The urgency of regulation regarding illegitimate assets must be established in Indonesia because the orientation of handling them is to optimize the return of corrupted assets. Illicit Enrichment does not only look at the assets of corruptors who are allegedly related to alleged corruption, but also looks at the entire wealth of public officials, whether this wealth can be accounted for or not.
Legal Challenges in the Development of Information and Communication Technology SMEs in Jabodetabek Region, Indonesia
Ujang Badru Jaman;
Arief Fahmi Lubis;
Muhamad Sigid Safarudin;
Suhartono Suhartono
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press
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DOI: 10.58812/wslhr.v1i04.321
The Jabodetabek region of Indonesia has had notable growth in the Information and Communication Technology (ICT) sector, primarily due to the efforts of Small and Medium-sized Enterprises (SMEs). SMEs encounter a complex network of legal obstacles that impede their growth and ability to compete. Using a mixed-methods approach that includes both quantitative surveys and qualitative interviews, this study explores these issues. The findings draw attention to important legal difficulties, such as limited access to legal services, contract conflicts, cybersecurity concerns, intellectual property issues, and regulatory compliance. The competitiveness and development of SMEs are significantly impacted by these issues. Comprehensive legal and legislative changes are advised to address these problems. These include simplified rules, strict enforcement of intellectual property rights, effective dispute resolution procedures, cybersecurity assistance, and improved access to legal services. This study highlights the significance of a supportive legal framework for innovation and economic growth, adding to our understanding of the legal aspects of ICT SME development in Jabodetabek.
The Effect of Government Regulations and Tax Policies on the Business Life of Shops in Suryakencana Market, Bogor
Ujang Badru Jaman;
Arief Fahmi Lubis;
Yana Priyana
West Science Law and Human Rights Vol. 1 No. 04 (2023): West Science Law and Human Rights
Publisher : Westscience Press
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DOI: 10.58812/wslhr.v1i04.324
This research delves into the intricate relationship between government regulation, tax policy, and the business life of shops in Suryakencana Market, Bogor. Employing a mixed-methods approach that combines quantitative survey data, financial analysis, and qualitative insights from interviews, this study uncovers the multifaceted impact of government regulations and tax policies on businesses in the market. The results reveal that government regulations impose a significant regulatory burden and compliance costs on businesses, particularly affecting small enterprises. Industry-specific effects further highlight the need for tailored approaches to regulation. Additionally, tax policies influence business operations, with businesses often passing tax costs to consumers, and incentives promoting profitability. Cross-border taxation issues pose challenges to businesses engaged in international trade. These findings provide valuable insights for policymakers and stakeholders, emphasizing the importance of streamlining compliance procedures, supporting small businesses, and offering incentives for innovation and job creation to foster a conducive environment for business growth and sustainability in Suryakencana Market.
Penegakan Hukum Dalam Mengadili Anggota Militer Yang Melakukan Tindak Pidana Umum
Arief Fahmi Lubis
Jurnal Media Administrasi Vol 6 No 1 (2021): April : Jurnal Media Administrasi
Publisher : Universitas 17 Agustus 1945 Semarang, Indonesia
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DOI: 10.56444/jma.v6i1.1130
The penalties imposed on TNI soldiers are actually more severe than those imposed in general courts. The punishment imposed on TNI soldiers is not only limited to imprisonment or fines, but sometimes serious criminal offenders are often given additional punishment in the form of dishonorable discharge (PDTH) from military service. The aim of this research is to show that for legal subjects who have military status, the role of superiors who have the right to punish or what is known as Ankum is very dominant. Military members who are involved in criminal acts are subject to two inherent penalties, namely first, in the form of disciplinary penalties which are imposed in the form of penalties for delaying promotion, demotion or even dismissal. This research is qualitative which uses a descriptive approach to collect data systematically, factually and quickly according to the description when the research was carried out. The results of this research show that the determination of absolute competence based on the emphasis on the consequences of losses incurred can be said to be in line with what is stated in Article 3 paragraph (4) letter a of TAP MRP Number VII of 2000 concerning the Role of the Indonesian National Army and the Role of the Republic of Indonesia's National Police. Indonesia which states that "Indonesian National Army soldiers are subject to the authority of the general judiciary in matters of general criminal offences." Strengthened by Article 65 paragraph (2) of the TNI Law which states "Soldiers are subject to the authority of military justice in cases of violations of military criminal law and are subject to the power of general justice in cases of violations of general criminal law as regulated by law."
Sanksi Pemberhentian dengan Tidak Hormat Prajurit TNI atas Pertimbangan Hakim Militer karena Ketidaklayakan Berdinas Lagi di Lingkungan Militer
Arief Fahmi Lubis
Jurnal Media Administrasi Vol 6 No 2 (2021): Oktober : Jurnal Media Administrasi
Publisher : Universitas 17 Agustus 1945 Semarang, Indonesia
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DOI: 10.56444/jma.v6i2.1132
Provisions regarding dishonorable discharge are regulated in Article 53 paragraph (1) of Government Regulation Number 39 of 2010 concerning Administration of TNI Soldiers, which regulates dishonorable discharge from military service, as an implementation of the provisions of Article 62 paragraph (3) of Law Number 34 of 2004 concerning Indonesian national army. The aim of this research is to show that the norm for imposing an additional penalty of dismissal by a judge in a court trial is Article 26 paragraph (1) of the Criminal Code which confirms that the defendant, based on the crime he committed, is deemed no longer fit to remain in the military. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description at the time of the research. The results of this research show that from the perspective of Military Criminal Procedure law, it can be said that dismissal is the sole authority of the Military Judge taking into account the unfitness of the soldier to be retained to continue serving in the military environment, so that this authority cannot be delegated to a civilian Judge, because the decision will be made basis by the TNI leadership to be followed up. For these military members, dismissal from military service is the end of their career and service within the Indonesian National Army (TNI), the consequences of which will be followed by the termination of the rights they have received so far.
Protection of Privacy and Intellectual Property Rights in Digital Data Management in Indonesia
Imam Hanafi;
Arief Fahmi Lubis
The Easta Journal Law and Human Rights Vol. 2 No. 01 (2023): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute
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DOI: 10.58812/eslhr.v2i01.151
This study looks into how intellectual property rights and privacy protection overlap when it comes to digital data management in Indonesia. With an emphasis on the legal, technological, and ethical aspects, the study uses a mixed-methods approach that includes case studies, legal analysis, and qualitative interviews. The analysis highlights the necessity for continual adaptation while revealing a strong legal framework, which is mainly supported by the Personal Data Protection Act (PDPA). The importance of cutting-edge technologies like blockchain and encryption is also highlighted by the findings, which also emphasize the moral issues that must be taken into account for responsible data management. The study finishes with practical suggestions that attempt to find a fine balance between protecting privacy and promoting innovation for decision-makers, corporations, and other interested parties.
Addressing Cross-Sectoral Challenges in Consumer Culture for Sustainability and Social Justice in Indonesia
Erwin Erwin;
Arief Fahmi Lubis;
Feliks Anggia Binsar Kristian Panjaitan;
Hotman Panjaitan
West Science Social and Humanities Studies Vol. 1 No. 04 (2023): West Science Social and Humanities Studies
Publisher : Westscience Press
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DOI: 10.58812/wsshs.v1i04.271
In the context of Indonesia's dynamic socioeconomic landscape, this research focuses on sustainability and social justice while addressing cross-sectoral concerns in consumer culture. Through the use of a mixed-methods approach that incorporates qualitative interviews, quantitative surveys, and in-depth case studies, the study sheds light on the complex interactions between environmental, cultural, and economic elements that influence consumer behavior. Results highlight financial limitations by showing a relationship between sustainable practices and socioeconomic level. Traditional and global cultural influences become important, influencing motivations and creating obstacles. Consumer choices are greatly influenced by business practices, which emphasizes the importance of transparency in promoting positive change. Case studies offer practical examples that highlight both the advantages and disadvantages of consumer behavior. Actionable recommendations for businesses, consumers, and politicians are informed by the combination of quantitative and qualitative findings, paving the way for Indonesia to adopt a more socially equitable and sustainable consumption culture.
THE ROLE OF CORRUPTION EDUCATION IN COMBATING CORRUPTION CRIMES IN THE FUTURE
Ina Heliany;
Erwin Asmadi;
Humala Sitinjak;
Arief Fahmi Lubis
Jurnal Pembaharuan Hukum Vol 10, No 2 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA
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DOI: 10.26532/jph.v10i2.32344
To reduce corruption in the future, of course, it is necessary to provide anti-corruption education from now on, because education and public awareness are also important components in fighting corruption. The purpose of this paper is to analyze corruption education in combating corruption crimes in the future and handling corruption and anti-corruption education in various countries. The type of research used in this research is normative juridical. Normative juridical research is research that uses the legis positivist conception. Anti-corruption education in the future must be instilled in an integrated manner from primary to tertiary education Anti-corruption education in the future must be instilled in an integrated manner from primary to tertiary education. It is hoped that through education about anti-corruption from an early age, it can create a person who has a more introspective personality, so that when it is time to enter society, children are no longer easily influenced and have sufficient and correct knowledge about anti-corruption. Learning from China, Indonesia should also be able to fight corruption and eradicate this chronic disease from the country. In addition to a strong commitment from the country's leaders and law enforcers, China-style corruption eradication may be applicable in Indonesia. The preventing corruption through education in Indonesia and Malaysia is almost the same, namely through the internalization of anti-corruption values into certain subjects, while Singapore emphasizes more on character education.