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All Journal Bestuur Sriwijaya Law Review Jambura Law Review Kosmik Hukum Jurnal Simbur Cahaya Supremasi Hukum: Jurnal Penelitian Hukum Corruptio Bengkoelen Justice : Jurnal Ilmu Hukum Proceedings Series on Social Sciences & Humanities Ius Poenale Ranah Research : Journal of Multidisciplinary Research and Development Sriwijaya Journal of Private Law PESHUM Lex Stricta : Jurnal Ilmu Hukum
Hamonangan Albariansyah
Universitas Sriwijaya
Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Transportation Other

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Halal Food on Airplanes in Indonesia: Does it Provide Optimal Information? Annalisa Yahanan; Sri Turatmiyah; Hamonangan Albariansyah; Febrian Febrian; Nurhidayatuloh Nurhidayatuloh
BESTUUR Vol 12, No 2 (2024): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v12i2.93620

Abstract

The majority of Indonesia’s population adheres to Islam. Therefore, it is essential that food consumption complies with Islamic law, including food consumed on airplanes. However, the information available to passengers regarding the halal status of food remains unclear. The purpose of this study is to analyze the regulation of halal products in Indonesia and to analyze the right to halal product information provided by Indonesian airlines during flights. The research was conducted normatively using a legislative and conceptual approach. Data on halal food information was obtained through internet searches and the food provided by airlines. The results showed that the regulation of halal products in Indonesia more clearly provides protection to consumers than in the Netherlands. Indonesia requires every food product in circulation and trade to include a halal label, namely the halal logo and halal certificate number without exception, while in the Netherlands this is not the case. In Indonesia, food information with a halal label on the plane, not all of them include it on the packaging of food products even though they already have a halal certificate. Passengers will be more comfortable and confident if the halal label information is easy to find and easy to read either on product packaging or in certain places.
RESTORATIVE JUSTICE ON BLASPHEMY CASES: OVERVIEW OF THE PROSECUTORS ROLE AND LEGAL REFORM Rd. Muhammad Ikhsan; Hamonangan Albariansyah; Neisa Ang rum Adisti; Henny Yuningsih; Desia Rakhma Banjarani
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.32363

Abstract

The absence of a clear definition and limitation of blasphemy can threaten justice in law enforcement in Indonesia. This has an impact on the process of resolving the blasphemy cases. Thus, the settlement of the penal or the courts in the settlement of blasphemy cases is considered ineffective. Based on that background, the problems that will be raised in this research are: How is the criminal law reform related to blasphemy in Indonesia based on the concept of restorative justice? How can the Prosecutor's Office play a role in the reformulation of blasphemy based on the concept of restorative justice? This study uses a descriptive normative research method with a qualitative approach. The research approach used is the statutory approach.The results of the study show that law enforcement in blasphemy tends to lead to pros and cons. This is due to problems with the regulation of blasphemy in Indonesia. There is no concrete definition of blasphemy and limitation on blasphemy in various laws in Indonesia. Therefore, there is a need for reformulation of blasphemy in Indonesia, one of which is through non-penal ways based on the concept of restorative justice by Law Enforcement Officials in Indonesia, one of which is the Prosecutor's Office. The reformulation is by: reforming legal regulations and provisions in the National Criminal Code and Draft of Criminal Procedure (RKUHAP); reformulation of administrative sanctions; and reformulation through penal mediation. Keywords: Blasphemy, Prosecutor's Office, Restorative Justice.  
Legal Protection of Work Safety Crimes Victims In Indonesia Hamonangan Albariansyah; Topo Santoso; Eva Achjani Zulfa
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1363.pp24-40

Abstract

Between 2014 and 2018, the Indonesian Ministry of Manpower recorded 89,625 cases of work accidents, and 1,193 of them resulted in death. During this period, 34,075 companies were reported for alleged work safety crimes. From the 2,074 cases, only four have been sentenced to prison. The most interesting issue is that the victims of work safety crimes do not get any kind of restitution or even compensation. This article aims to investigate the legal protection for victims of work safety crimes from the criminal law perspective. The method used is normative qualitative research on primary data, such as work safety legislation, the Criminal Code, and criminal court decisions. As a result, the work safety law stipulates that the purpose of law enforcement on work safety is recovery for victims, repairs and prevention. They are carried out to protect the public interest. Work safety regulations also regulate the qualifications of actions categorized as work safety crimes. Unfortunately, the regulation does not provide a mechanism for resolving work safety crimes. So that the settlement of work safety crimes relies on the general criminal justice system that adheres to retributive objectives in law enforcement. The purpose of law enforcement on work safety cannot be applied because victims do not get restitution or compensation. Thus, to obtain legal protection in accordance with the objectives of law enforcement on work safety, the alternative solution is a criminal policy to establish a special criminal mechanism for the settlement of work safety crimes.
Strengthening Investigator Accountability through Cost Internalization in Indonesian Criminal Procedure Reform Hamonangan Albariansyah; Ahmad Firjatullah Farhan
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.30165

Abstract

Pre-trial procedure serves as a control mechanism over the authority of law enforcement officers, particularly in assessing the legality of coercive measures undertaken by investigators. In practice, courts have granted pre-trial applications in several cases and ordered compensation to be paid to applicants. However, a pre-trial decision does not automatically establish the state’s obligation to provide compensation; it must first be proven that the loss is real, measurable, and directly caused by unlawful actions. In general, such compensation is borne by the state through the national budget. Indonesian criminal procedural law does not explicitly regulate mechanisms for imposing compensation liability directly on investigators or other responsible state officials. Nonetheless, outside the criminal procedure framework, state financial law provides a mechanism for holding public officials accountable for losses resulting from negligence through administrative and financial liability systems. This study examines the potential application of cost internalization within the framework of economic and legal analysis to strengthen investigator accountability. By internalizing the costs arising from unlawful investigative actions, the burden of compensation may be shifted, at least partially, from the state to the responsible officials. The findings indicate that cost internalization represents an optimization of accountability, encouraging greater prudence and professionalism among investigators. Therefore, it is recommended that this concept be explicitly regulated in the Draft Criminal Procedure Code to enhance legal protection and institutional responsibility.
Ratio Decidendi Hakim Dalam Menjatuhkan Putusan Terhadap Pelaku Tindak Pidana Korupsi Penjualan Aset Yayasan (Studi Putusan Nomor 17/Pid.Sus-Tpk/2025/PN Plg) Erick Ersi Yusardi; Iza Rumesten RS; Hamonangan Albariansyah
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1923

Abstract

This study aims to analyze the Ratio Decidendi of judges in rendering decisions against perpetrators of corruption in the sale of assets belonging to the Foundation (A Study of Decision Number 17/Pid.Sus-TPK/2025/PN Plg). The issues examined in this study include: (1) How the judges’ ratio decidendi considered the elements of corruption in the case concerning the sale of Foundation assets based on Decision Number 17/Pid.Sus-TPK/2025/PN Plg; (2) How the judges’ legal considerations were applied in imposing criminal sanctions on the perpetrators of corruption related to the sale of Foundation assets based on Decision Number 17/Pid.Sus-TPK/2025/PN Plg; and (3) How the direction of criminal law reform can provide protection for foundation assets in order to prevent misuse that may lead to corruption offenses in the future. This research employs a normative legal research method using both statutory and case approaches. Primary and secondary legal materials were analyzed qualitatively by applying Law Enforcement Theory as the grand theory, Criminal Liability Theory and Sentencing Theory as middle-range theories, and Ratio Decidendi Theory and Criminal Law Reform Theory as applied theories. The results of the study indicate that in Decision Number 17/Pid.Sus-TPK/2025/PN Plg, the judges rendered their decision based on proof of the element of abuse of authority resulting in state financial losses in the transfer of Foundation assets. The judges’ considerations emphasized that the defendant’s actions fulfilled the elements of a corruption offense as stipulated in the Anti-Corruption Law. The decision demonstrates the importance of legal protection for foundation assets through law enforcement oriented toward legal certainty, justice, and utility.
Co-Authors Agusalim, Agusalim Ahmad Firjatullah Farhan Annalisa Yahanan Desia Rakhma Banjarani Erick Ersi Yusardi Ervita, Mona Eva Achjani Zulfa Febrian Febrian Fernando, Zico Junius Fhideal Andik Hibatullah Gandi, Fahrulian Henny Yuningsih Ikhsan , Rd Muhammad Isma Nurillah Iza Rumesten RS Nainggolan, Pandi Frenecius Nashriana Nashriana Neisa Ang Rum Adisti Nurhidayatuloh Nurhidayatuloh Prasetia, Andy Rd. Muhammad Ikhsan Rini Purnamawati Sacipto, Rian Sinaga, Jimmy Christiansen Sri Turatmiyah Topo Santoso Utami, Ria Anggraeni Yuningsih, Henny Zulhidayat Zulhidayat