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All Journal JISIP: Jurnal Ilmu Sosial dan Pendidikan JIIP (Jurnal Ilmiah Ilmu Pendidikan) Literatus Jurnal Ilmiah Publika Jurnal Kewarganegaraan FOCUS: Journal of Social Studies IBLAM Law Review Fundamental : Jurnal Ilmiah Hukum Journal of Law
Nachrawi, Gunawan
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Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Journal of Law

 1 
Analisis Yuridis Tindak Pidana Pelecehan Seksual Terhadap Anak Sebagai Korban Ditinjau dari UndangUndang Nomor 35 Tahun 2014 Tentang Perubahan atas Undang-Undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak (Studi Putusan Nomor 6/PID/SUS-ANAK/2024/PNJKT Matondang, Mulia Hamonangan; Nachrawi, Gunawan
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1861

Abstract

The principle of NEMO IUDEX IN CAUSA SUA is the principle that "no one may be a judge in their own case". Judges are prohibited from handling cases that have a very close relationship with them or their families. The use of this principle, which is related to Article 17 of Law No. 48 of 2009 concerning Judicial Power, is very important to implement so that the purpose of the Constitutional Court trial itself truly achieves its goal, namely preventing judges from taking sides in carrying out their duties in order to obtain decisions that truly have a value of justice for the disputing parties. This principle is certainly very much needed in the trial because the nature of the Constitutional Court's decision is final and binding, which means that the decision immediately has permanent legal force and no other legal remedies can be taken. Regarding the Constitutional Court's decision Number 90/PUU-XXI/2023 which challenges the requirement for presidential and vice presidential candidates to be at least 40 years old according to Law Number 7 of 2017 concerning General Elections, it is very clear that this principle is not applied. The proof is that the judge who was in court and even became the chief judge of the trial was directly involved in handling and even deciding this case. As is known, the one who benefits from this decision is the nephew of the chief justice himself. After this decision was issued, there were many pros and cons among the public. Public reactions were varied. Not a few people and legal experts strongly rejected this decision. The next problem after this decision was how the credibility of the Constitutional Court institution as a seeker of justice in this country. Public trust also faded and became pessimistic. The institution that the public had hoped for turned out to side with the authorities. It did not carry out its function as an independent supervisor in balancing power. In fact, this institution has become a judicial institution that carries out the will of the legislative and executive institutions.
Analisis Putusan PN Jayapura Kelas IA, Nomor: 23/Pid.Sus-Anak/2019/PN Jap. Tindak Pidana Penyalahgunaan Narkotika di Kalangan Siswa Menengah Atas Adhar, Muhammad Hilmi; Nachrawi, Gunawan
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1900

Abstract

Drug abuse and illicit trafficking that occurs in the world and in Indonesia has become a frightening problem for the Indonesian people and nation. Narcotics and psychotropic drugs have penetrated all regions of the country and target various levels of society without exception. The impact of narcotics use makes users lack self-confidence and find it difficult to interact socially. The government, schools and parents have an important role in preventing narcotics abuse. The relevant sanction for students who abuse narcotics is rehabilitation, either rehabilitation from the government or independent rehabilitation under government supervision. Through the rehabilitation policy, narcotics abusers, apart from being given treatment to get rid of narcotics, can also be given guidance towards a better life.
Pendirian Danantara dalam Revisi Undang-Undang Bumn: Implikasi terhadap Struktur Pengelolaan BUMN di Indonesia Racmawati Eka , Amanda; Nachrawi, Gunawan
Postulat Vol 4 No 1 (2026): POSTULAT: Jurnal Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v4i1.2123

Abstract

The establishment of State-Owned Enterprises (SOEs) is a strategic effort to enhance national economic growth. To maximize their contribution, SOEs require governance that is independent, professional, and based on Good Corporate Governance principles. The government’s creation of Danantara aims to centralize SOE operations and separate them from regulatory functions. This study analyzes the impact of Danantara’s formation on SOE governance, focusing on the separation of regulatory and operational roles and its implications for investment and efficiency. Using a normative juridical approach, the research examines legal norms and frameworks related to SOE management. Findings show that the inclusion of Danantara in the revision of SOE Law No. 1 of 2025 significantly changes governance structures. Previously, the Ministry of SOEs and the Ministry of Finance handled both regulatory and operational duties; now, the Ministry acts solely as a regulator, while Danantara manages operational functions. This reform improves efficiency and investment coordination but poses challenges in redefining SOEs, excluding them from state finance status, and recognizing losses as corporate rather than state losses. These changes are crucial for future SOE governance and their strategic role in national economic development
Co-Authors Adhar, Muhammad Hilmi Al Faridzi, Mohammad Aminulloh, Achmad Aswan, Riel Barata, Fausta Ari Caprico, Ferdino Christmas, Christmas Fitrianingtyas Sukarno, Eins Gultom, Togi Gumelar, Ilham Heliany, Ina Hendra Tanu Atmadja Irawati, Indah Dwi Khoirunnisaa, Ronaa Leisdianto, Maylano Dwi M. Said, Yusuf Matondang, Mulia Hamonangan Misbahul Huda Racmawati Eka , Amanda Robekha, Jamiatur RR. Ella Evrita Hestiandari Satrio, Ahmad Fajar Setiawan, Erry Siregar, Johany Yulianti, Tika