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All Journal Jurnal Hukum Khaira Ummah Supremasi Hukum Law Development Journal Jurnal Konstatering TABELLIUS
Tri Bawono, Bambang
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Legal Analysis of the Regulation of Legal Liability for Violations of the Law by Motorized Vehicle Owners Purwantono, Rivan Achmad; Gunarto, Gunarto; Tri Bawono, Bambang
Law Development Journal Vol 5, No 3 (2023): September 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.3.344-357

Abstract

Based on the provisions of Article 14 in PP No. 18 of 1965 which regulates the liability of motorized vehicle owners in Indonesia, its implementation to date has not been fully realized. This is due to the complexity of the legal subjects responsible for the implementation of these provisions, which causes injustice to motorized vehicle owners. In certain situations, vehicle owners are not involved in an accident at all, as the vehicle is under their control. The core cause of this problem lies in the vagueness of the applicable regulations, which do not explicitly distinguish between individual and collective responsibility for traffic accidents. Therefore, research was sought to reconstruct the relevant norms, rules and regulations so that the implementation of Article 14 in PP No. 18 of 1965 can be carried out effectively. Several other regulations, including but not limited to Act No. 22 of 2009 and related regulations, have accommodated provisions regarding traffic law violations and accidents comprehensively. The results show that there was injustice for motorized vehicle owners because the accident did not occur when the vehicle was under their control. The arrangements in other regulations also indicated that the party who must be responsible for a traffic accident is the driver of the vehicle that caused the accident, regardless of his status as a vehicle owner or not. This phenomenon occurred due to the failure to clearly separate individual and collective responsibility for traffic accidents in the context of Article 14-PP No. 18 of 1965. In an effort to achieve balanced and accurate legal justice, it is necessary to revise and improve the relevant regulations to ensure a balance in the determination of responsibility in traffic accident cases.
Juridical Implications on the Implementation of Marriages What is not Recorded at the Office of Religious Affairs in the Conception of Legal Certainty Gultom, Maria Yosephine; Tri Bawono, Bambang
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.283-312

Abstract

Sirri marriages, which are often not registered under Indonesian positive law, create legal complexities that have the potential to harm the rights of the individuals involved, especially children. Even though in Islamic teachings, this kind of marriage is considered legal, Indonesia's positive legal perspective views it differently. This gives rise to a number of problems that threaten children's welfare, such as the lack of legal certainty regarding marital status, maintenance rights and inheritance rights. At the national legal level, Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage and regulations related to children's rights, such as Law No. 39 of 1999 concerning Human Rights, emphasize the importance of the protection and welfare of children. This research aims to identify and analyze the legal implications of unregistered marriages on the rights of the individuals involved, especially the rights of children. The focus of the research will be on legal certainty regarding marital status, maintenance rights and inheritance rights for children born from unregistered marriages. This research takes a normative juridical approach to examine positive criminal law regulations related to the criminalization of unregistered marriages, with a focus on the protection of wives and children. Using a legislative approach and a comparative approach, this research compares the legal rules of other countries to fill in legal ambiguities. Primary legal materials based on the 1945 Constitution of the Republic of Indonesia, the Criminal Code, and other related laws. Data collection methods include literature studies, documents and limited interviews to gain a deeper understanding. Data analysis was carried out using qualitative methods to produce a comprehensive understanding of the phenomenon studied. This research aims to contribute ideas and solutions that can be used in the context of positive criminal law regarding unregistered marriages to prevent harm to the family. The absence of marriage registration can also result in children born from the marriage experiencing difficulties in obtaining their legal rights. For example, the right to inheritance or the right to receive social assistance provided by the government. Without official proof in the form of a marriage record, these children may have difficulty proving their familial relationship with their parents. This can lead to injustice and difficulties in obtaining the rights they should get as Indonesian citizens. Thus, marriages that are not registered at the religious affairs office can have serious consequences for legal certainty, protection of individual rights, and family welfare as a whole. overall. Therefore, it is important for every married couple to ensure that their marriage is officially registered at the authorized office in accordance with the legal provisions in force in Indonesia.
PERAN HUKUM PERDATA DALAM PENGEMBANGAN EKONOMI: PERBANDINGAN INDIA DAN RUSIA DALAM KONTEKS BRICS Widyastuti, Tiyas Vika; Tri Normalita Putri, Ajeng; Agus Finaningrum, Kiki; Nurkhasanah, Aisyatun; Mashdurohatun, Anis; Tri Bawono, Bambang
SUPREMASI HUKUM Vol. 20 No. 02 (2024): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

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Abstract

This study examines the civil laws of India and Russia in the context of economic growth, focusing on a comparison between the two countries within the BRICS framework. The methodology employed is a literature review to identify differences and similarities in the development of civil laws in India and Russia. The analysis reveals that while India and Russia may not exhibit remarkable environmental performance compared to other BRICS nations, both prioritize environmental sustainability as a primary focus in their economic development policies. The research underscores the role of environmental laws in achieving sustainable impacts on the environment in both countries. Regarding intellectual property, Russia emerges as the most actively involved nation in intellectual property agreements within BRICS, especially when compared to India. Despite differences in trademark registration procedures, both countries demonstrate compliance with an integrated model. The study notes that Russia's intellectual property laws tend to be more general compared to India, which has more specific regulations. Practically, the research suggests the need for continuous efforts to maintain environmental achievements in both countries, with significant potential for collaboration in renewable energy production. In the realm of intellectual property, the identified patterns offer opportunities for collaboration and knowledge exchange between India and Russia. The findings of this study can guide policymakers and stakeholders in formulating strategies for environmental protection and intellectual property management within the BRICS context. This research makes a significant contribution to a deeper understanding of the differences and similarities in civil laws between India and Russia in the context of the BRICS economy. Keywords: BRICS; Civil Law; Consumer Protection; Environmental Protection; Intellectual Property
THE URGENCY OF THE PROSECUTOR'S ROLE IN HANDLING CONFISCATED AND CONFISCATED GOODS FROM THE STATE (CASE STUDY OF THE BATAM DISTRICT PROSECUTOR'S OFFICE) Simbolon, Melati Meliana; Tri Bawono, Bambang
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.19302

Abstract

This study highlights the importance of the role of the Prosecutor's Office in managing confiscated and seized state assets. These assets are very crucial and must be managed effectively to support the law enforcement process as well as increase state revenue. Unfortunately, various obstacles such as lack of coordination between institutions, limited use of information technology, and the need to increase human resource capacity are still major challenges in the implementation process. Through an empirical legal approach and descriptive analysis methods, this study evaluates the implementation and weaknesses in the management of confiscated assets at the Batam District Attorney's Office, and examines the important role of the prosecutor's office in this regard.
Legal Analysis of the Authority of the Representative of the Ombudsman RI of North Kalimantan Province in Resolving Reports of Levies at Public Junior High Schools in Tarakan City (Case Study of Public Report Registration No. 0028/LM/VIII/2024/Trk) Syahruddin, Syahruddin; Tri Bawono, Bambang
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46231

Abstract

Abstract. This study aims to analyze the legal authority possessed by the Representative of the Ombudsman of the Republic of Indonesia for the Province of North Kalimantan in handling and resolving reports of alleged levies carried out by the State Junior High School in Tarakan City, with a focus on a case study of the Public Report Registration Number 0028/LM/VIII/2024/TRK. The report relates to the alleged practice of levies that are not in accordance with the provisions of laws and regulations in the basic education environment, which should prioritize the principle of free and non-discriminatory education as mandated in Law Number 20 of 2003 concerning the National Education System. This study uses a normative legal approach by reviewing relevant laws and regulations, report documents, and other secondary data. The analysis was conducted to assess whether the steps taken by the Representative of the Ombudsman of the Republic of Indonesia of North Kalimantan Province in following up on public reports were in accordance with the authority granted under Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia and other implementing regulations. The results of the study show that the Representative of the Ombudsman of the Republic of Indonesia for North Kalimantan Province has exercised its authority legally and proportionally in handling Report No. 0028/LM/VIII/2024/TRK. The examination process was carried out objectively and accountably, resulting in findings of maladministration of levies carried out by the school. The Ombudsman then issued corrective actions in the form of stopping levies and returning funds to parents/guardians of affected students. These corrective actions are a form of implementing the supervisory function of public services in the field of education. The conclusion of this study emphasizes the importance of the Ombudsman's role in maintaining the principles of good governance and protecting people's rights, especially in the education sector.  
Legal Protection for Child Victims of Sexual Violence at the Integrated Service Center for the Empowerment of Women and Children (P2TP2A) in Cirebon City Sugiono, Sugiono; Tri Bawono, Bambang
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46226

Abstract

Abstract. The attention of the Indonesian state towards children and the handling of children's problems is indeed very clear. This can be seen in the constitutional basis as stated in the 1945 Constitution. Then other regulations were born as a form of concern for children. Among them; Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning child protection, which emphasizes the need for increased criminal sanctions and fines for perpetrators of crimes against children, especially sexual crimes, which aim to provide a deterrent effect, as well as encourage concrete steps to restore the physical, psychological and social health of children. To compensate for the suffering caused by sexual violence, the government has issued a policy for children who are victims of sexual violence as regulated in Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Criminal Acts. In addition, more specifically through the Regulation of the Minister of Women's Empowerment and Child Protection Number 1 of 2010 concerning Minimum Service Standards for Integrated Services for Women and Children Victims of Violence, which states that local governments are responsible for providing services and facilities for women and children who are victims of violence. As a manifestation of this regulation, each region has the authority and responsibility to provide facilities and services for victims of sexual violence. Sexual violence that occurs in Cirebon City, West Java is currently very horrific, according to the National Commission for Child Protection, Cirebon City is now in an emergency for sexual crimes against children. With the series and high number of sexual crimes in the Cirebon area, it is not an exaggeration if Cirebon is included in the category of emergency for sexual crimes against children after Bekasi and Tangerang.
Legal Analysis of the Detention of Suspects of Theft Crimes by Investigators at the Sagulung Police Sector, Batam City Deni, Rindu Rizki Permata; Tri Bawono, Bambang
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46207

Abstract

Abstract. Criminal procedure law is a law that regulates how to maintain and defend material criminal law and regulates how to try cases in criminal courts by criminal judges. The Criminal Procedure Code regulates the main points, the principles in Indonesian criminal procedure law, namely: the principle of legality, the principle of opportunity, the principle of equal treatment before the law, the principle of presumption of innocence, the principle of arrest, detention, search, and confiscation are carried out based on written orders from authorized officials, the principle of compensation and rehabilitation, the principle of fast, simple and low-cost trials, the principle that suspects or defendants have the right to receive legal assistance, the principle that the court examines criminal cases with the presence of the defendant, the principle of open trials to the public, the principle of accusatoir (placement of suspects as subjects). Law Number 2 of 2002 concerning the Republic of Indonesia Police, in Articles 13 and 14 outlines the functions and roles of the Police, namely: Article 14 (1) letter g makes the substance of the details of the Police's duties in the field of criminal investigation and inquiry in accordance with the Criminal Procedure Code and other laws and regulations, which relate to the duties and authority of the Police in the law enforcement process. The Criminal Procedure Code gives the main role to the Police to carry out the task of investigating and investigating criminal acts (in general) without limits within the scope of the law, so that basically the Police are given the authority by the Criminal Procedure Code to conduct investigations and investigations of criminal acts.
Legal Review of the Punishment of Perpetrators of Criminal Acts of Assault Resulting in Serious Injuries (Study of Decision No: 334/Pid.B/2023/PN.Amb and Decision No: 30/Pid.B/2023/PN.Cjr) Ashadiqi, Rafi; Tri Bawono, Bambang
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46187

Abstract

Abstract. The crime of assault causing serious injury as regulated in Article 351 paragraph (2) of the Criminal Code (KUHP) is a form of crime against the body which has serious consequences for the victim. This study aims to analyze the legal construction of the crime of assault causing serious injury and to evaluate the application of the principle of legal certainty in court decisions. The research method used is a normative legal approach with descriptive-analytical specifications and case study techniques. The object of the study is focused on the Study of Decision No: 334 / Pid.B / 2023 / PN.Amb and Decision No: 30 / Pid.B / 2023 / PN.Cjr with an analytical approach to the elements of the crime, evidence, judges' considerations, and their relevance to the principles of legality, proportionality, and legal certainty. The results of the study show that the elements in Article 351 paragraph (2) of the Criminal Code are formally proven, but their application in material aspects is often inconsistent because it depends on the judge's subjective interpretation of the victim's injury conditions. This difference creates disparities in sentencing and weakens the principle of legal certainty. Therefore, this thesis recommends the importance of strengthening guidelines for interpreting material criminal law related to serious injuries, as well as harmonization between the results of the post-mortem and the legal construction in the decision in order to create a fair, proportional, and legally certain sentencing system.
Efforts to Resolve Online Gambling Crimes at the Barelang City Police Resort Pantano, Tony; Tri Bawono, Bambang
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46234

Abstract

Abstract. Cyber crime, especially online gambling, requires law enforcement efforts, both to prevent and eradicate, so that it does not become more widespread. Conceptually, law enforcement is an activity to harmonize the relationship of a value in good and manifested rules and is also an attitude of action as a series of final stage value descriptions, in order to create, maintain and defend peaceful social life. This study aims to determine the legal construction of handling online gambling crimes in the concept of legal certainty, and efforts to resolve online gambling crimes at the Barelang City Police Resort. The approach used in this study is normative and empirical juridical. Normative juridical research refers to laws and regulations using secondary data. While empirical research is field research using primary data. The results of this study can be concluded. The legal construction of handling online gambling crimes in the concept of legal certainty that law enforcement against online gambling that has been carried out by the Barelang Police Criminal Investigation Unit uses the instrument of Article 303 of the Criminal Code, Article 27 paragraph (2) in conjunction with Article 45 of the Electronic Information and Transactions Law. Efforts to resolve online gambling crimes at the Barelang City Police as Investigators in handling online gambling crimes in prosecuting online gambling crimes in the jurisdiction of the Barelang Police include: Application of the Criminal Code and Law Number 11 of 2008 concerning Information and Electronic Transactions in online gambling cases. Inhibiting factors or obstacles faced in enforcing the law on online gambling crimes in the jurisdiction of the Barelang Police include the lack of understanding and mastery of Investigators in the field of information technology, not balanced with the development of the abilities of online gambling perpetrators and the use of electronic evidence requires expert testimony that requires a budget to finance the expert's honorarium.
The Authority of the Mayor of Batam Ex Officio of the Batam Business Agency Over the Management of the Special Economic Zone Trakta, M. Hendri; Tri Bawono, Bambang
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48210

Abstract

This study aims to determine and analyze the regulation of Batam City as a Special Economic Zone and the authority of the Mayor of Batam ex officio of the Batam Business Agency over the management of the Special Economic Zone. This study uses a normative juridical approach method, analytical descriptive research specifications. The data used are primary data and secondary data. Data collection methods include literature studies, and data analysis methods are qualitative. The regulation of Batam City as a Special Economic Zone is generally regulated in Law Number 39 of 2009 concerning Special Economic Zones, which are further regulated in Government Regulations. Special Economic Zones in the Batam City area consist of Nongsa Digital Park, Batam Aero Technic, Special Economic Zones and Batam International Health. The authority of the Mayor of Batam ex officio of the Batam Business Agency over the management of the Special Economic Zone within the framework of regional autonomy in Batam City is that BP Batam is given the authority to grant permits for 16 licensing sectors. With the inclusion of the Deputy Mayor in the ex-officio framework, it is expected that the management of the Batam Special Economic Zone will be more effective and efficient.
Co-Authors Agus Finaningrum, Kiki Anis Mashdurohatun Artha, Yophinadiyyul Fauqalida Ashadiqi, Rafi Ayuningrum, Anggit Pramesta Wardani Deni, Rindu Rizki Permata Gultom, Maria Yosephine Gunarto Gunarto Manullang, Zulkifli Nurkhasanah, Aisyatun Pantano, Tony Rivan Achmad Purwantono Simbolon, Melati Meliana Sinaga, Hasudungan Sugiono Sugiono Syahruddin Syahruddin Tiyas Vika Widyastuti Trakta, M. Hendri Tri Normalita Putri, Ajeng Zahedi, Irwan