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All Journal International Journal of Law Reconstruction Jurnal Komunikasi Ikatan Sarjana Komunikasi Indonesia JISIP: Jurnal Ilmu Sosial dan Pendidikan Pena Justisia: Media Komunikasi dan Kajian Hukum
Said, Yusuf Muhamad
Unknown Affiliation
Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Penerapan Kewenangan POLRI Melakukan Penegakan Hukum Terhadap Pelaku Pidana Penambangan Batu Bara Illegal Fahrurrozi, Fahrurrozi; Said, Yusuf Muhamad
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 6, No 3 (2022): JISIP (Jurnal Ilmu Sosial dan Pendidikan)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v6i3.3280

Abstract

Indonesia is a country rich in minerals (mining). The minerals contained in the form of gold, silver, copper, oil and natural gas, coal and many other natural potentials that can support the development of the country. All mining materials are controlled by the state and used for the entire Indonesian nation, based on the fifth principle of Pancasila as a unified whole, the existence of norms or rules in the provisions of Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. “Earth, water and natural resources contained therein shall be controlled by the State and used for the greatest prosperity of the people." All natural wealth and its contents are controlled by the state and used for the prosperity of the people, the Indonesian people should not experience a permanent spike in poverty, if the state apparatus including prosecutors and judges consistently carry out crackdown on illegal mining. In the field, there was a disparity in demands and decisions that were quite favorable to the defendant, as found in this study. The type of research is carried out with a normative juridical approach, research that prioritizes library data, namely research on secondary data. Secondary data can be in the form of primary, secondary or tertiary legal materials, such as positive legal provisions that apply in Indonesia relating to law enforcement against perpetrators of illegal coal mining crimes, and data obtained from research results obtained directly on the object. research, literature, is carried out with research that is literature in nature to search for, find and use materials regarding conceptions, theories, or expert opinions related to the problems that are the object of research, such as Primary Law materials, the Criminal Code, the Mining Law No. 3 of 2020, secondary and tertiary law materials, namely dictionaries and magazines that discuss the object of research.
Criminal Responsibility of Child Intermediaries in Narcotics Trade Under Law No. 11/2012 on Juvenile Justice Heliany, Ina; Windiyastuti, Feny; Said, Yusuf Muhamad
International Journal of Law Reconstruction Vol 8, No 2 (2024): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v8i2.39932

Abstract

The study aims to analyze the criminal responsibility of children who act as intermediaries in the sale and purchase of narcotics under Law No. 11 of 2012 concerning the child criminal justice system. Children involved in narcotics crimes are often exploited due to their vulnerability in understanding legal consequences. This research employs a normative juridical approach by examining legislation and relevant cases. The results indicate that while children can be subject to criminal sanctions, the child criminal justice system emphasizes rehabilitation and guidance efforts over imprisonment. The child criminal justice system provides special protection for children, prioritizing restorative justice, which seeks to restore the situation without focusing on punishment. However, challenges arise in implementing this system, particularly regarding the role of law enforcement officials and consistent application across Indonesia. This study recommends enhancing the understanding and capacity of law enforcers and strengthening the rehabilitation system for children involved in drug-related crimes.
Reformulasi Ekstradisi terhadap Kejahatan Lintas Batas Negara di Era Globalisasi (Studi Kasus Warga Negara Rakyat Republik Tiongkok dengan Taiwan) Said, Yusuf Muhamad; Alaidid, Muannas; Huda, Misbahul; Havid, Dian Priheryanti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6540

Abstract

Indonesia's extradition laws, particularly Law No. 1 of 1979, face challenges in the globalization era, especially with cross-border crimes involving citizens from China and Taiwan. The current civil law and administrative procedure system allows for significant government subjectivity, unlike common law systems that prioritize due process and judicial decisions, where individuals can refuse extradition. This was evident in Indonesia's rejection of Taiwanese citizens' extradition to China and Hendra Rahardja's refusal from Australia, highlighting the need to curb politically motivated or unjust refusals. Therefore, reform of Extradition Law No. 1 of 1979, specifically Article 14, is crucial. This reform should enhance legal certainty, reduce subjectivity, and uphold national sovereignty and justice principles. It must also embrace a "living law" concept, aligning with societal values and ensuring practical benefits. Furthermore, Indonesia should actively champion an ASEAN extradition convention with common standards, particularly for sophisticated cybercrime, drawing inspiration from the European Union's model.
Analysis of Dispute over Authority to Conduct Journalist Competency Tests Following Constitutional Court’s Decision No. 38/PUU/XIX/2021 Said, Yusuf Muhamad; Ritonga, Rajab
Jurnal Komunikasi Ikatan Sarjana Komunikasi Indonesia Vol. 9 No. 1 (2024): June 2024 - Jurnal Komunikasi Ikatan Sarjana Komunikasi Indonesia
Publisher : Ikatan Sarjana Komunikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25008/jkiski.v9i1.1063

Abstract

This study discusses a dispute between the Press Council (DP) and the National Board for Profession Certification (BNSP) over the authority to conduct journalist competency tests (UKW) using   Hans Kelsen’s and Hans Kaviasky’s Theory of Hierarchy of Law. This research was conducted through a qualitative approach using a normative judicial method in analyzing the Constitutional Court’s Decision No.38/PPU-XIX/2021 concerning the authority to conduct journalist competency tests. Secondary data of this research was obtained through literature and document studies. This research found that there has been no final clarification on the settlement of the legal dispute between DP and BNSP over the authority to conduct journalist competency tests following the Constitutional Court’s Decision No. 38/PPU-XIX/2021 rejecting in full the applicants’ plea. The legal implication of the decision is that both DP and BNSP can continue to conduct journalist competency tests respectively.     
Co-Authors Alaidid, Muannas Havid, Dian Priheryanti Heliany, Ina Hery Widijanto Misbahul Huda Rajab Ritonga, Rajab Windiyastuti, Feny