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Setiawan, Puguh Aji Hari
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Perlindungan Hukum Hak Cipta Lagu/Musik atas Royalti dalam Perspektif Teori Keadilan Menurut Undang-Undang No. 28 Tahun 2014 Tentang Hak Cipt Ramadani, Muhammad Aru; H, Hartana; Setiawan, Puguh Aji Hari
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.16760870

Abstract

In addition to bullying, pressures in work, family, education, dating problems and economic problems, can support the occurrence of mental disorders, in addition to that there are other factors that can affect one’s mentality such as hereditary or genetic. In an era that is technologically advanced and based on reeconomy and employment sectors where many human job positions are being replaced by technology or robots, as well as the ease of society in accessing various platforms thus triggering and creating a real social disparity value, this convenience of less or less supportive families is as much a pro in the environment. tracing the development of the times, Many pressures come from close people such as family, social and life environment that makes some people lose their health and affect their mental health, this journal discusses the legal implications if it happens to people in mental disorders (ODGJ), deciding to step into the next stage as well as handling it medically if it is felt to need help, as well as when is the right time to go to a professional personnel such as a psychiatrist in order to get the right handling in order to recover and prevent anything else bad from happening.
Dekonstruksi Kebijakan Sistem Pemidanaan Pada Hukum Pajak Di Indonesia Terhadap Pertanggungjawaban Tindak Pidana Penggelapan Pajak Penghasilan Badan Annika Rahmawati; Setiawan, Puguh Aji Hari; Hartana, Hartana
Innovative: Journal Of Social Science Research Vol. 4 No. 6 (2024): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v4i6.17299

Abstract

ABSTRACT The aim of this research is to refine and simplify legal policies in the Law on General Provisions an Tax Procedures which are in accordance with Pancasila values in technical terms and implementation in the application of law and sanctions of tax crimes. It can become a proposition and development in term of legal knowledge as well as arrangements in law enforcement. The government needs to pay attention to the values of justice in the punishment system for criminal acts of corporate income tax evasion. Which uphold the values of justice in accordance with the fifth principle of Pancasila which contains fundamental meaning as the goal of an Indonesian state which is physically and mentally equitable rule of law state. Thus, the desired legal objectives (ius constituendum) can be achieved. Key Word : tax planning, tax evasion, punishment system, criminal elements, criminal sanctions, criminal act, corporate income tax
PENGELOLAAN PARTICIPATING INTEREST WILAYAH KERJA MIGAS OLEH BADAN USAHA MILIK DAERAH Suhariyanto, Didik; Setiawan, Puguh Aji Hari; Ekoprasetyo, Antonius Bintarto; Nurmawati, Bernadete; Panda, Daniel
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1244

Abstract

Regulation of natural resource management as a pillar of life that is rooted in the welfare and balance of society is a mandate that must be carried out in good faith and with responsibility. One form of this can be found in Regional Owned Enterprises (BUMD), which is one of the channels for managing state assets. The provisions contained in the Minister of Energy and Mineral Resources Regulation Number 37 of 2016 concerning 10% Participating Interest in Oil and Gas Working Areas allow regional governments to participate in management through delegation to BUMD or regional companies. The essence of this effort is to obtain profits that can increase regional income and the welfare of its people. This 10% Participating Interest Regulation, from the start, has succeeded in creating harmony between the rights and obligations between Cooperation Contract Contractors (KKKS) and BUMD. KKKS is responsible for offering 10% participatory interest to regions, as regulated in Minister of Energy and Mineral Resources Regulation Number 37 of 2016. If regions accept this offer through BUMD, they will obtain a maximum management right of 10% in accordance with the mandate stated in the Cooperation Contract between the Special Task Force for Upstream Oil and Gas Business Activities (SKK Migas) and KKKS. In this way, cooperation between regional governments (BUMD and KKKS) can become a firm foundation for managing natural resources in order to achieve shared prosperity.
Legal Protection of Health Workers on the Installation of Mechanical Ventilation of Covid-19 Patients in Hospitals Suwito, Suwito; Setiawan, Puguh Aji Hari; Rae, Gradios Nyoman Tio
Jurnal Indonesia Sosial Sains Vol. 5 No. 05 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i05.1121

Abstract

Corona Virus Disease-2019 (Covid-19) is a disease that causes an epidemic with a high number of deaths and morbidity in Indonesia. Covid-19 sufferers often experience respiratory failure, so they need to receive mechanical ventilation assistance. This research aims to find out the rules for legal protection for health workers in the act of installing mechanical ventilation for Covid-19 patients in hospitals and to find out the implementation of legal protection. This type of research is normative juridical based on a legal approach. Data collection is based on literature study, taken from legislation, research results and literature books. The results of the research found that the provision of health services was carried out responsibly, safely, of good quality and evenly and non-discriminatory. The position faced by medical personnel or health workers is sometimes problematic because installing mechanical ventilators for Covid-19 patients from a criminal law perspective is a mistake if it is done outside of their authority, even though the medical personnel or health workers are dealing with the function and task of carrying out actions. for patient safety which is of course tied to the Hippocratic Oath as an ethical and moral basis. The suggestion in this research is that the government must provide legal protection to medical personnel whose rights are not fulfilled by policy organizers, even though their obligations have been fulfilled by health personnel.
The Implementation of the Juvenile Justice System in Terrorism: Indonesia Case Rikmadani, Rd. Yudi Anton; Setiawan, Puguh Aji Hari
Jurnal Kajian Pembaruan Hukum Vol. 2 No. 1 (2022): January-June 2022
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v2i1.27642

Abstract

ABSTRACT: This research aims to review the right to child protection as well as the implementation of the Juvenile Criminal Justice System (SPPA) based on court rulings. Behind the research is concern about the increasing number of children involved in terrorist networks in Indonesia. Some of them have been sentenced to prison for terrorism plots. The implementation of the SPPA Act and the PA Act has become a reference for law enforcement in addition to counter-terrorism legislation. The crime of terrorism is a crime that must be addressed immediately because it threatens the state, but the state remains obliged to ensure the fulfillment of the right to child protection during the judicial process with special protection. With the involvement of a child that is in relevance to the child protection act, it is a complex matter that needs to be resolved with a special analysis of law, due to its nature. This study examines court rulings with normative juridical methods to get significantly achieved results. In addition, this study also adds secondary resources such as article journals, books, reports, and any source that has relevance to the study. The results of the study found that the special protection of children in the Crime of Terrorism has not been met, by not considering the child as a victim, because of the actions he did the influence of persuasion as revealed in court. In addition, law enforcement does not seek diversion as mandated in the SPPA. To conclude the court's decision does not consider the regulations on PA and has not fully implemented the SPPA. KEYWORDS: Legislation on Terrorism, Children's Rights, Law Enforcement, Juvenile Justice.
Legal Protection on Pharmaceutical Product Patents by the Government on Covid-19’S Remdevisir and Favipiravir Nurmawati, Bernadete; Iryani, Dewi; Setiawan, Puguh Aji Hari; Herman, KMS
Interdisciplinary Social Studies Vol. 2 No. 2 (2022): Regular Issue
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v2i2.338

Abstract

Background: The implementation of patents by the Government for pharmaceutical products can be carried out in terms of very urgent needs for the benefit of the community, such as medicines that are still protected by patents to overcome Coronavirus Disease 2019 (Covid-19) in Indonesia. Aim: To analyze the implementation of Patents by the Government according to Law Number 13 of 2016 concerning Patents and legal protection for pharmaceutical product patent holders for the Implementation of Patents by the Government against remdevisir drugs and favipiravir. Method: Research method based on normative juridical approach from various legal materials through literature studies. Findings: To overcome the Covid-19 disease in Indonesia, the government needs to establish an access policy for pharmaceutical products as stated in Presidential Regulation Number 100 of 2021 concerning the Implementation of Patents by the Government against Remdesivir Drugs and Presidential Regulation Number 101 of 2021 concerning the Implementation of Patents by the Government against the Favipiravir Drug, on November 10, 2021. Patent holders of Remdevisir and Favipiravir medicinal pharmaceutical products are entitled to legal protection for the exercise of exclusive rights and payment of compensation during the Implementation of Patents by the Government in the amount of 1% of the net selling value of Remdesivir and Favipiravir drugs.
Legal Protection for Women as Victims of Rape in the Perspective of Feminist Legal Theory Santoso, Niken Larasayu; Suhariyanto, Didik; Setiawan, Puguh Aji Hari
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17786349

Abstract

Sexual violence against women, particularly rape, remains a serious issue in Indonesia despite the enactment of Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS). However, in practice, there is a significant gap between normative ideals and the reality of law enforcement. Many law enforcement officers are reluctant or have yet to fully understand the UU TPKS, resulting in sexual violence cases still being processed under the KUHP. Consequently, victims experience revictimization, limited access to restitution and recovery services, and a legal system that fails to recognize women’s experiences as complete legal subjects. This study employs a normative legal method with a qualitative approach. The primary sources of data consist of secondary legal materials, including legislation (particularly UU TPKS and the KUHP), court decisions (West Jakarta District Court Decisions Number 412/Pid.B/2023 and 722/Pid.B/2023), scholarly journals, and literature related to Feminist Legal Theory. The analytical technique used is sociological interpretation to connect legal norms with social realities, examined through the framework of Feminist Legal Theory (FLT) as a critical tool to identify gender bias within the legal system. The findings reveal that legal protection for women who are victims of rape has not yet fully aligned with the principles of substantive justice and feminist perspectives. Although the UU TPKS offers a victim-centered approach and recognizes various forms of non-physical violence, its implementation remains hindered by patriarchal legal culture, insufficient training for law enforcement officers, and weak inter-institutional coordination. Court decisions applying the UU TPKS tend to be more responsive to victims’ trauma compared with those applying the KUHP. 
LEGAL CERTAINTY FOR CONSUMERS IN GOOD FAITH DUE TO THE DEVELOPER COMPANY BEING DECLARED BANKRUPT Hie, Hengky Himawan; Iryani, Dewi; Setiawan, Puguh Aji Hari
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1929

Abstract

The issue of legal certainty for consumers in good faith in buying and selling houses becomes even more important when the developer company is declared bankrupt. Consumers who have carried out their obligations, whether in the form of down payment, installments, and repayment, are often only positioned as concurrent creditors in the bankruptcy settlement process. This study uses normative juridical legal methods with a statutory approach and a conceptual approach. The source of research data was obtained through literature studies which include primary legal materials in the form of the 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, as well as several Supreme Court decisions related to developer bankruptcy cases. Secondary legal materials are derived from books, legal journals, and the results of previous research. Data analysis is carried out by interpreting laws in a systematic, contextual, and comparative manner to obtain the right legal construction. The results of the study show that there is a legal disharmony between the Consumer Protection Law and the Bankruptcy Law. Consumers in good faith are often only placed as concurrent creditors so that they do not get optimal legal protection. In fact, Article 28H of the 1945 Constitution guarantees the right of everyone to live and live properly. Therefore, there is a need for legal reconstruction that places consumers as preferred creditors or given a special position in developer bankruptcy, in order to realize legal certainty, justice, and utility. The author recommends that regulatory reform be carried out through amendments to the Bankruptcy Law by accommodating the legal protection of consumers in good faith as a form of implementation of the principles of social justice.
Optimalisasi Fungsi Bakamla Sebagai Indonesian Coast Guard: Antara Regulasi Dan Realita Umra, Alieffandy; Iryani, Dewi; Setiawan, Puguh Aji Hari
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i2.4394

Abstract

The Indonesian Maritime Security Agency (Bakamla) plays a strategic role in ensuring security, safety, and law enforcement within Indonesia’s maritime jurisdiction. Although its authority is normatively stipulated through regulations such as Law No. 32 of 2014, Presidential Regulation No. 178 of 2014, and Government Regulation No. 13 of 2022, in practice Bakamla has yet to fully function as an ideal Indonesian Coast Guard. The absence of a specific law, overlapping authorities with other agencies, and limited resources hinder its operational effectiveness. This study aims to analyse Bakamla’s legal position and authority within the national legal system, identify discrepancies between regulation and operational reality, and formulate institutional strengthening strategies. Using a normative juridical approach, this research concludes that establishing a dedicated Coast Guard Law is an urgent step to develop a unified, professional, and effective national maritime security system
Optimalisasi Mutual Legal Assistance dan Urgensi Non-Conviction Based Asset Forfeiture (NCB) dalam Penanganan Aset Korupsi di Luar Negeri Belinda, Suci Fidia Fitriza; Iryani, Dewi; Setiawan, Puguh Aji Hari
Jurnal Riksa Cendikia Nusantara Vol. 2 No. 1 (2026): Riksa Cendikia Nusantara - Januari 2026
Publisher : Jurnal Riksa Cendikia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Korupsi lintas negara menimbulkan tantangan serius dalam upaya pemulihan aset hasil kejahatan yang disembunyikan di luar yurisdiksi nasional. Indonesia telah memiliki instrumen hukum berupa Mutual Legal Assistance (MLA) sebagaimana diatur dalam Undang-Undang Nomor 1 Tahun 2006 serta ratifikasi United Nations Convention against Corruption (UNCAC). Namun demikian, praktik pemulihan aset masih menghadapi hambatan, terutama ketika pelaku tindak pidana tidak dapat dipidana karena melarikan diri, meninggal dunia, atau berada di luar wilayah hukum Indonesia. Dalam konteks tersebut, Non-Conviction Based Asset Forfeiture (NCB) menjadi mekanisme alternatif yang strategis untuk perampasan aset tanpa menunggu putusan pidana. Penelitian ini bertujuan untuk menganalisis optimalisasi penerapan MLA serta urgensi pengaturan NCB dalam penanganan aset korupsi di luar negeri. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan, konseptual, dan kasus. Hasil penelitian menunjukkan bahwa sinergi antara MLA dan NCB sangat diperlukan untuk memperkuat efektivitas pemulihan aset korupsi lintas negara. Oleh karena itu, pengesahan Rancangan Undang-Undang Perampasan Aset menjadi kebutuhan mendesak dalam rangka memperkuat rezim pemberantasan korupsi di Indonesia
Co-Authors Abdul Rohman Achmad Hidayat Afika, Alzam Andri Andri Annika Rahmawati Aris, Mokhamad Azhari, Moh Tohri Belinda, Suci Fidia Fitriza Dewi Iryani Didik Suhariyanto Ekoprasetyo, Antonius Bintarto Elina, Rindi H, Hartana Hartana, Hartana Herman, KMS Hie, Hengky Himawan Ismail I, Ismail Ismail Ismail Ismarilda, Ismarilda Juniarty, Santy Lumbanraja, Gilbert Nino, Tursino Nurmawati, Bernadete Panda, Daniel Puspita, Ria Rae, Gradios Nyoman Tio Rae, Nyoman Tio Ramadani, Muhammad Aru Rikmadani, Yudi Anton Santoso, Niken Larasayu Sihite, Thomas Ericson Hadinata Sihotang, Roymartin Sorialam, Mangottang Sriulina, Maria Eva Sudirgo, Tony Susetyo Rohadi Suwito Suwito Umra, Alieffandy