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Vaccination In The Fight Against Covid-19 As A State Defense Michelle Angelika S; Slamet Tri Wahyudi; Yohanes Firmansyah
Jurnal Indonesia Sosial Teknologi Vol. 2 No. 02 (2021): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (278.137 KB) | DOI: 10.59141/jist.v2i02.89

Abstract

Since the end of 2019 the world has been shocked by the emergence of the COVID- 19 virus, which spreads very quickly. Starting from the country of origin, namely the People's Republic of China, until in early March, Indonesia announced two positive cases of COVID-19. The COVID-19 pandemic is a threat to the Indonesian state. Various efforts have been made by the government to prevent and control the spread of this virus, ranging from restricting activities, maintaining distance, using masks, washing hands to developing vaccines. This effort is being carried out by the government as a form of state defense in fighting COVID-19. This research proves that COVID-19 is a social disaster that afflicts all walks of life, one of the methods for overcoming the Covid-19 outbreak by involving itself in the vaccination program organized by the authorities as a form of state defense.
The Power of a Medical Record Certificate from a Doctor as Evidence of Domestic Violence (KDRT) in Divorce Cases: A Perspective on Legal Considerations of Court Decisions Agung Hermansyah; Handar Subhandi Bakhtiar; Slamet Tri Wahyudi
Journal of Law Perspectives Review Vol. 2 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i2.92

Abstract

This study examines the legal position and evidentiary strength of medical record certificates as proof of domestic violence (KDRT) in divorce cases within the Indonesian legal system. Divorce in Indonesia must be based on valid and provable reasons, including domestic violence, which presents complex evidentiary challenges, especially when visum et repertum is unavailable. This research employs a normative legal method using statutory, case, and conceptual approaches, supported by secondary data from legislation, court decisions, and legal literature. The findings indicate that medical record certificates are juridically recognized as written evidence within civil procedural law. However, their evidentiary value is not absolute but categorized as free evidence (vrij bewijs), meaning their strength depends on judicial assessment. Unlike visum et repertum, medical records are not specifically created for legal purposes, which limits their probative value. In judicial practice, judges tend to treat medical records as supporting or circumstantial evidence that must be corroborated by other forms of proof, such as witness testimony or party statements. Court decisions demonstrate that judges prioritize the relevance, consistency, and causal relationship between medical findings and alleged acts of violence. Therefore, medical records cannot stand alone as decisive evidence but play an important role in strengthening the overall evidentiary framework. This study highlights the need for careful judicial consideration and greater clarity regarding the use of medical documents in proving domestic violence in divorce proceedings.
Phoenix Company and Tax Crimes: An Analysis of Administrative Penal Law as a Model of Law Enforcement Febrian Halomoan; Handoyo Prasetyo; Slamet Tri Wahyudi
Journal of Law Perspectives Review Vol. 2 No. 2 (2026): April
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i2.93

Abstract

This study examines the misuse of tax facilities through the Phoenix Company scheme and analyzes the application of administrative penal law as a law enforcement model in Indonesia's taxation system. The research is normative legal research employing statute and comparative approaches, supported by secondary data from legislation, literature, and relevant legal documents. The findings reveal that the Phoenix Company practice is a form of tax avoidance that exploits regulatory gaps, particularly in the application of final income tax for small and medium enterprises (SMEs). Through strategies such as firm-splitting and income bunching, taxpayers artificially maintain their turnover below the threshold to benefit from lower tax rates, despite operating as a single economic entity. This practice distorts tax fairness, reduces state revenue, and undermines the effectiveness of fiscal policy. Furthermore, the study finds that Indonesian tax law does not explicitly regulate illegal phoenix activities, resulting in enforcement relying on general provisions and principles such as substance over form. In this context, the administrative penal law approach offers a balanced framework by prioritizing administrative sanctions to restore state losses while retaining criminal sanctions as a last resort (ultimum remedium). The study suggests strengthening regulatory frameworks, enhancing inter-agency coordination, and optimizing data integration systems to improve detection and enforcement.
Dinamika Kejahatan Terorisme di Indonesia : Kajian Atas Tragedi Bom Kampung Melayu dan Upaya Aktualisasi Bela Negara Siti Syafa Az Zanubiya; Adinda Kusumaning Ratri; Slamet Tri Wahyudi
Jurnal Hukum dan Sosial Politik Vol. 3 No. 1 (2025): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i1.4331

Abstract

The Kampung Melayu bombing tragedy in May 2017, which involved a suicide bombing, highlighted new dynamics in terrorism crimes in Indonesia in terms of attack patterns, targets, and impacts. The study of the Kampung Melayu bombing case can provide a clearer picture of how terrorism crimes develop and how state defense strategies can be optimized to prevent similar threats in the future. This study aims to analyze the dynamics of terrorism development in Indonesia, especially through the Kampung Melayu bombing case study, and explore the implementation of the concept of state defense as a collective response to the threat. The research method used is normative juridical, with a statutory approach and analysis of relevant legal concepts. Therefore, it is important to examine more deeply how the crime of terrorism develops by examining it from the legal and social aspects. This study concludes that the eradication of terrorism must be a shared responsibility between the government and society by integrating legal policies and the implementation of state defense in order to strengthen national resilience.
Kontra-Radikalisasi Berbasis Media Sosial sebagai Instrumen Pencegahan Terorisme : Analisis Hukum terhadap Penguatan Instrumen dan Struktur BNPT Nur Raima Hafizhah; Rildo Anuar Sihite; Slamet Tri Wahyudi
Jurnal Hukum dan Sosial Politik Vol. 3 No. 4 (2025): November: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v3i4.5762

Abstract

The increasingly massive development of social media has been exploited by terrorist groups as a strategic tool to spread propaganda, violent ideology, and radicalism to the wider community, especially the younger generation. This situation demands an effective counter-radicalization strategy that adapts to the dynamics of the digital space. This study aims to analyze the strengthening of legal instruments and the role and institutional structure of the National Counterterrorism Agency (BNPT) in implementing social media-based counter-radicalization policies. The research method used is a normative juridical approach with a legislative approach and a conceptual approach, through a review of laws and regulations, legal doctrine, and policies related to counter-terrorism in Indonesia. The results show that the normative legal basis for BNPT's authority to carry out counter-radicalization is already available, particularly in the Law on the Eradication of Criminal Acts of Terrorism. However, its implementation still faces various obstacles, including weak derivative regulations specifically governing the supervision and counter-measures of digital radicalism, limited inter-agency coordination, and suboptimal evaluation of data- and technology-based policies. Therefore, this study recommends strengthening derivative regulations, increasing the digital capacity of BNPT, and developing a more integrated coordination and evaluation system.
Rekonstruksi Kebijakan Wajib Belajar Menjadi 13 Tahun sebagai Pemenuhan Sustainable Development Goals di Indonesia Intan Permata Sari; Slamet Tri Wahyudi
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.7830

Abstract

Poverty remains a structural issue in Indonesia that demands sustained policy intervention, particularly in the education sector. One key poverty alleviation strategy emphasized by welfare states is the expansion of access to education. This study aims to analyze the urgency of reconstructing the compulsory education program from 12 to 13 years within the framework of legal principles and sustainable development. A normative juridical method was employed, utilizing statutory and conceptual approaches. The findings reveal that compulsory education represents the fulfillment of human rights as guaranteed by various national legal instruments, including Government Regulation No. 47 of 2008. The reconstruction of compulsory education to 13 years is viewed as a concrete effort by the state to reinforce its role in ensuring the right to education and its commitment to the Sustainable Development Goals (SDGs), particularly Goal 4 on quality education. The implementation of 13 years of compulsory education also holds strategic implications for preparing the 2045 Golden Generation by ensuring more inclusive and equitable access to education. Therefore, the expansion of compulsory education is not merely an educational policy, but also a structural instrument for building a more prosperous and competitive society.
Analisis Kesetaraan Gender di dalam Dunia Pendidikan dan Dunia Kerja dengan Mempertimbangkan Kepercayaan Norma Budaya Matrilineal dalam Budaya Minangkabau Yefiza Nahri Agustia; Slamet Tri Wahyudi
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8192

Abstract

Gender inequality is a structural issue deeply rooted in many countries, including Indonesia, and is manifested in domestic, political, educational, and occupational domains, even though the right to gender equality is inherently held by all individuals without exception. Patriarchal culture in Indonesia remains a firmly entrenched reality that positions one group as the primary holder of authority and control in various spheres of life, thereby generating injustice and gender disparities that disadvantage women and hinder national progress. This article aims to analyze the influence of matrilineal culture in Minangkabau society on women’s representation in education and the world of work, to identify matrilineal cultural factors that shape this representation, and to formulate strategies within a matrilineal cultural framework to enhance women’s involvement in bela negara. The discussion focuses on how the values and social structures of Minangkabau matrilineal culture can serve as a counterbalance to the dominance of patriarchal systems while simultaneously opening broader spaces for women’s participation in the public sphere. Through this analysis, the article argues that a deeper understanding of Minangkabau matrilineal culture has the potential to provide a conceptual foundation for strengthening women’s representation in the education sector and the labour market, as well as for designing more contextually grounded strategies to promote women’s active role in bela negara.
Perlindungan Hukum Jamaah melalui Pemulihan Aset dalam Kejahatan Travel Haji dan Umroh Justicia Salsabilla; Slamet Tri Wahyudi
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9737

Abstract

The organization of Hajj and Umrah pilgrimage in Indonesia has both a sacred and strategic role for the religious sovereignty of society, but in practice it still faces problems of travel agency crimes and quota corruption that cause material and psychological losses for prospective pilgrims. This phenomenon indicates the urgency of optimizing national legal instruments through regulatory strengthening that is oriented not only toward punishing perpetrators but also toward holistic and comprehensive legal protection to ensure the fulfillment of citizens’ constitutional rights to perform worship with certainty and safety. This study aims to analyze asset recovery mechanisms in handling crimes related to the organization of Hajj and Umrah and to formulate juridical solutions for victim protection. This study used a normative juridical method with a statutory approach and a conceptual approach. Data were collected through literature study and analyzed descriptively-prescriptively with regard to legal norms, legal principles, and the synchronization of statutory regulations. The results show that the asset recovery mechanism under Law Number 31 of 1999 remains conventional and tends to be oriented toward the recovery of state finances, so it has not been able to provide fast and effective restitution for pilgrims who become victims because of lengthy and complex judicial procedures. This study recommends transforming the doctrine of asset recovery through the application of a non-conviction-based asset forfeiture mechanism and strengthening the role of authorities under Law Number 14 of 2025 so that assets derived from crime can be immediately seized and redistributed fairly to victims. The conclusion of the study emphasizes that strengthening asset recovery mechanisms and victim protection is an important prerequisite for realizing substantive justice in the organization of Hajj and Umrah pilgrimage.
Problematika Kepastian Hukum Barang Sitaan Aset Bukan Milik Terdakwa yang Disita oleh Kejaksaan Putu Ayu Veguita Putri Ningsih; Slamet Tri Wahyudi
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9759

Abstract

Indonesia, as a constitutional rule-of-law state, upholds the principles of legal certainty and legality, including in criminal law enforcement to eradicate corruption. However, the recovery of state financial losses through asset seizure mechanisms often raises juridical polemics, particularly when coercive measures are taken against property that has not been proven to be directly related to a criminal offense or belongs to a third party acting in good faith. This study aimed to analyze the harmonization of regulations on the seizure and return of state assets in corruption cases and to assess the role of pretrial proceedings as an instrument of judicial control over seizure actions. This study used a normative juridical legal method with statutory and conceptual approaches through an examination of normative synchronization in Law No. 31/1999, Law No. 8/2010, Law No. 1/2023, and Law No. 20/2025. The results showed that although recent regulations, such as Law No. 20/2025 and Attorney General Regulation No. 7/2020, grant broad authority to prosecutors to conduct seizures from the early investigation stage in order to prevent asset dissipation, there remain legal gaps that may potentially violate the lawful property rights of suspects if asset identification and verification are not carried out transparently and accountably. Therefore, optimizing the pretrial institution is crucial for examining the validity and relevance of seized goods, so that the recovery of state finances remains within the corridor of fair legal certainty and does not turn into an arbitrary act of economic oppression by the state.
Urgensi Adopsi Mekanisme Non-Conviction Based Asset Forfeiture di Indonesia: Studi Komparatif dengan Sistem Perampasan Aset di Perancis Anna Shania de Zeta Sinaga; Slamet Tri Wahyudi
YASIN Vol 6 No 2 (2026): APRIL
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/yasin.v6i2.9740

Abstract

The development of contemporary criminal law shows a paradigm shift from a retributive approach toward a restorative-economic approach that emphasizes the recovery of state economic losses. As a state governed by law, as mandated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, Indonesia has a constitutional responsibility to uphold justice for the people’s economic rights through the strengthening of clean and transparent asset forfeiture instruments. This study aims to analyze the ratio legis of asset recovery in Indonesian criminal law regulations and to formulate the urgency of strengthening asset forfeiture mechanisms from the perspective of ius constituendum. This study used a normative juridical method with a statutory approach, a conceptual approach, and a comparative approach. The results show that the ratio legis of asset recovery in Law Number 31 of 1999 and Law Number 8 of 2010 remains conventional and is highly dependent on proof of personal wrongdoing (in personam), so it has the potential to encounter obstacles when the perpetrator dies or flees. Therefore, the adoption of the Non-Conviction-Based Asset Forfeiture mechanism in the Asset Forfeiture Bill is needed as a lex specialis by considering the success of the confiscation sans condamnation system and the professionalism of the AGRASC institution in France to improve the effectiveness of holistic state asset recovery. The conclusion of this study emphasizes the importance of theoretical reconstruction through the integration of civil and criminal law elements into an autonomous hybrid asset forfeiture regime, so that the direction of criminal law enforcement in Indonesia focuses not only on pursuing perpetrators but also on independently dismantling the financial power base derived from crime.
Co-Authors Adinda Kusumaning Ratri Afdhali, Dino Rizka Afifah, Rifdah Agung Hermansyah Ahmad Iqbal Ahmad Iqbal Aji Lukman Ibrahim Ali Imran Nasution Amalina Hasyyati Angelie Angelie Anjar Kartika Wening Anna Shania de Zeta Sinaga Annazali, Ahmad Haqqi Arsensius, Ricarda Ayu Larasati Azelia Rizki Sarwono Bayu Giri Atmojo Cheryl Michaelia Ongkowiguno Damar Yanuartha Daya Nur Pratama Dino Rizka Afdhali Dita Rosalia Arini Dita Rosalia Arini Dwi Najah Tsirwiyati Dwi Najah Tsirwiyati Efika Weny Meida Simatupang Elkristi Ferdinan Manuel Ema Nurkhaerani Ema Nurkhaerani Erwan Budi Herianto Fadhel Halilintar Faiz Aulia Rahman Faqih Zuhdi Rahman Febrian Halomoan Febrian Rizky Akbar Firmansyah, Aldi Handar Subhandi Bakhtiar Handoyo Prasetyo Hanna Wijaya Hanna Wijaya Ilma Azzahra Kurniawan Indra Jaya Intan Permata Sari Iqbal, Ahmad Irsyaf Marsal Irwan Triadi Irwan Triadi Ishma Safira Justicia Salsabila Justicia Salsabilla Malik, Karima Syahda Maulidah, Ayi Safitri Michelle Angelika S Muhammad Yusuf Muda Azka Nasir, Tomi Khoyron Ningsih, Putu Ayu Veguita Putri Nur Raima Hafizhah Nursafitri, Tika Pakpahan, David Roger Julius Prameswara Winriadirahman Prima Kania, Yohanna Putri Priyambodo, Muhammad Bagus Putra, Samudra Farasi Putu Ayu Veguita Putri Ningsih Rakhbir Singh Rakhmi, Wendy Budiati Ramadhani, Salma Ranisa Diati Ratri, Adinda Kusumanig Rega Revo Siregar Reviana Mutiara Indah Rildo Anuar Sihite Rio Priambodo Rosi Wulandari Salsabila Salsabila Saputra, Dhimas Sinaga, Anna Shania de Zeta Siti Rifqa Raihani Siti Syafa Az Zanubiya Supardi Supardi Supardi Supardi Supardi Syabilal Ali Syamsul Hadi Syamsul Hadi Tasya Gita Irwanda Umam, Fathya Chalida Veronica Agustina Darida Wendy Budiati Rakhmi Wijaya, Hanna Winriadirahman, Prameswara Witasya Aurelia Sulaeman Yana Sylvana Yanto Yanto Yefiza Nahri Agustia Yohanes Firmansyah Yully Lestari Tasdikin