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All Journal LAW REFORM JURNAL LITIGASI (e-Journal) Jurnal Hukum Samudra Keadilan Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Legal Standing : Jurnal Ilmu Hukum Unes Law Review SIGn Jurnal Hukum Hermeneutika : Jurnal Ilmu Hukum JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Jurnal PkM (Pengabdian kepada Masyarakat) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP)

Gialdah Tapiansari Batubara

Universitas Pasundan

Author-ID : 2538238

Arts Humanities Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

Published : 20 Documents Claim Missing Document

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PENELITIAN HUKUM TRANSFORMATIF PARTISIPATORIS: SEBUAH GAGASAN DAN KONSEP AWAL Anthon Freddy Susanto; Gialdah Tapiansari Batubara
JURNAL LITIGASI (e-Journal) Vol 17 No 2 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Normative legal research-dogmatiek, and empirically-quantitative have a tendency to simplification is a waiver of the various aspects of the legal reality is complex, so the legal research dried aspects of values, symbols, meanings of cultural and human morality, do not even have a stunt action in therein. Dogmatiek normative-legal research and quantitative empirical research (both under the paradigm of legal positivism) only describes the relationship (mechanical) between the figures with the rules, principles and rigid principles. Abandonment-waiver so the result, damage to the legal system, social order, and the shattered lives of ecological (environmental) policies by formal law, more favorable power. We find a small community marginalization, displacement and judgment on behalf of the law that many countries do. Legal development that lead to the interests of a particular class or group that is powerful in society. On the one hand the construction of the law is too focused on policy and laws in effect only showing the construction of artificial, although the legislation that has a purpose a lofty goal, but minimal in achievement, especially were always raised to be behavior that appears in the legislation , Legal development was too focused on legislation that does not encourage participation public.Hukum lose the ability to explain their relationships with the community and cultural realities and ultimately the law fail to become a medium that can increase participation masyarakat.Dari various legal problems today, shows us, is required approach that is able to respond to change and certainly empowering communities that do not mampu.Oleh therefore legal research should be able to encourage community participation, open to a wide variety of approaches so as to provide a variety of solutions faced by society. Keywords: Concepts, Law Transformative Research-Participatory.

POLA PENEGAKAN HUKUM PIDANA BERDASARKAN NILAI-NILAI KEMANUSIAAN DALAM PERSPEKTIF ASAS MANFAAT Gialdah Tapiansari Batubara; Anthon Freddy Susanto
JURNAL LITIGASI (e-Journal) Vol 18 No 1 (2017)
Publisher : Fakultas Hukum Universitas Pasundan

[Enforcement Pattern Of Criminal Law Based On Humanity Values In The Utility Principal Perspective] The current Criminal Code is laden with weaknesses, so it is urgent to be replaced by a law-oriented Criminal Code that is closer to the characteristics of the Muslim law (Custom and Law Family), which features Indonesian characteristics (moving from the collective and personal order, reflecting the nation's political ideology ) of Pancasila. One of the selected Pancasila values is humanitarian value. Human values are values that show respect for human beings, because they are essentially legal to human beings. In the realm of material criminal law, human values are reflected in the principle of individualization of punishment (the principle of individuality, flexibility, modification, forgiveness, and culpability), as seen in the National Criminal Code Bill. Not accommodating humanitarian values in the formulation stage will be fatal at the law enforcement stage, but it is also fatal if the error in the formulation stage is left at law enforcement stage, so it is necessary to nationalize the pattern of criminal law enforcement one of them based on humanitarian value, less focus on punishment, contain prevention strategies, strategies for imposition of prison criminal sanctions are ultimum remedium, benefit strategy and balance of interest protection and restoration of relations between perpetrators, victims, community and state, social defense strategy with a rational policy approach that includes the use of economic approach , productive action strategies and contribute to national development in order to realize the legal objectives of benefits. Keywords: Value, Humanity, Pancasila, Enforcement, Benefit.

MODEL PENDIDIKAN HUKUM DALAM UPAYA MEWUJUDKAN KESADARAN HUKUM SISWA SEJAK DINI Gialdah Tapiansari Batubara; Firdaus Arifin
JURNAL LITIGASI (e-Journal) Vol 20 No 1 (2019)
Publisher : Fakultas Hukum Universitas Pasundan

Indonesia as a state of law, has written and unwritten rules as an abstract form of legal protection for the community, while concrete legal protection, one of which, is protected from the target of crime and from the potential of becoming a criminal. One important and fundamental aspect of this problem lies in the process of transforming the noble values of law through a legal education. Here the model used in legal education largely determines the realization of legal awareness. This article tries to give a little description of the relationship between them qualitatively, especially on the basis of the fact that legal education is the most rational method for shaping students legal awareness. The relationship between the variables of legal education and the variable of legal awareness of students is very significant. The object of legal education must reach school students. Legal education is not the only indicator of student legal awareness, but it is qualitatively clear that with the earlier, frequent and increasingly broad range of legal education activities carried out by professional communicators, accompanied by increasingly sophisticated, simple, smart, standard communication techniques: safe, real, quick, practical, effective, imaginative fun, award, problem solving oriented, with gender perspective, prioritize the best interests of students, and provide space to appreciate students rights.It is believed that legal education will have a greater impact on the formation of student legal awareness. Keywords: Model, Education, Law, Awareness, Students.

Comparative Study on the Choice of Regulatory Models for the Formulation of Corruption Crimes in the Anti-Corruption Laws of Indonesia and Malaysia: Studi Komparatif Pemilihan Bentuk Pengaturan Tentang Model Penyusunan Tindak Pidana Korupsi dalam Undang-Undang Tindak Pidana Korupsi Indonesia dan Malaysia Ridwan; Setiadi, Edi; Yulia, Rena; Heniarti, Dini Dewi; Batubara, Gialdah Tapiansari; Jaya, Belardo Prasetya Mega
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.19611

Corruption in Indonesia has occurred at all levels of society as if corruption in Indonesia is never-ending to be discussed. Many law enforcers are involved in corruption, causing a community confidence crisis. Regardless, on the other hand, society is also apathetic and permissive towards criminal acts of corruption; society is also a contributor to corruption, especially in the implementation of the general and regional elections. It happens because of the perception that money politics is a natural thing in an imperfect democracy. This condition occurs because it is supported by the weak legal substance related to the crime of corruption. The weak legal substance is caused by legislative process errors, resulting in errors at the application and execution stages. So, it is necessary to examine the model of drafting laws related to the crime of corruption using normative juridical methods, namely analysing various laws related to the crime of corruption with a comparative approach by comparing the model of Indonesia's and Malaysia's anti-corruption laws drafting. The results showed that the drafting of corruption crimes in Indonesia is spread in several laws that can potentially cause disparities in justice. On the other hand, the drafting model of corruption crimes in Indonesia is carried out by separating the Criminal Code from the anti-corruption law, while in Malaysia, the drafting of the anti-corruption law is mutually reinforcing with the Penal Code.

IMPLEMENTASI MODEL PIDANA KERJA SOSIAL BERBASIS NILAI-NILAI HUKUM ADAT SUNDA Yustia, Rd. Dewi Asri; Batubara, Gialdah Tapiansari; Ludiana, Tia
LITIGASI Vol. 22 No. 2 (2021)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i2.4526

Criminal sanctions against perpetrators of corruption crimes require extraordinary breakthrough according to the penal objectives, which is not only to provide a deterrent effect for the perpetrators, but also to provide benefits to the community by optimizing the competencies held by the perpetrators, since perpetrators of corruption are competent either in the aspects of social, economics and politics. The current criminal sanctions do not lead to the utilization of the potential possessed by the perpetrators of criminal acts. The focus still leads to deter the perpetrators only by providing severe criminal sanctions, namely by accumulating criminal sanctions in prison and fines, as well as other additional sanctions that focus on perpetrators, not on to interests of the state and society. The result of the research is to conceive the concept of social work sanctions that utilize the competence/expertise of the perpetrators to be able to provide great benefits to the community directly which implementation is based on the values contained in Sundanese customary law, so that the objectives of the punishment are not only to correct the conduct of the perpetrators, but also to restore state financial losses, and to provide great benefits for the community. Keywords: Sanction of Community Service, values, Sundanese Customary Law, Purpose of Punishment.

Co-Authors Abdulgani, Rika Kurniasari Adiningsih, Yufiyandini Anthon Freddy Susanto Arifin, Firdaus Azzahra, Vianca Nayla Dini Dewi Heniarti Edi Setiadi Firdaus, Arifin Gusriana, Fahmi Jaya, Belardo Prasetya Mega Koswara Koswara Ludiana, Tia Muhammad, Muhammad Nabbil Atqiya Oktaviani, Resti Rahayu Perdana, Erlita Lily Cahya Aulia Putri Rd. Dewi Asri Yustia Rena Yulia Ridwan Shinta Diva Sophie Nandita Takdir Takdir Yakindo Takdir Yakindo, Takdir

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