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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Komunikasi Hukum JURISDICTIE Jurnal Hukum dan Syariah Pembaharuan Hukum Jurnal Akta International Journal of Law Reconstruction Journal of Indonesian Legal Studies Jurnal Ilmiah Kebijakan Hukum Jurnal Selat Jurnal Wawasan Yuridika Widya Yuridika Etika Demokrasi Kosmik Hukum ADLIYA: Jurnal Hukum dan Kemanusiaan Journal of Law Science Repertorium: Jurnal Ilmiah Hukum Kenotariatan PALAR (Pakuan Law review) SIGn Jurnal Hukum Journal of Law and Policy Transformation JURNAL PEMBANGUNAN HUKUM INDONESIA Legal Spirit Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Komunitas Yustisia Journal of Judicial Review Jurnal Independent Batulis Civil Law Review Jurnal Hukum Malahayati PAMALI: Pattimura Magister Law Review Jurnal Hukum Pelita Mimbar Hukum Jurnal Media Hukum Journal of Law & Policy Review Nomos : Jurnal Penelitian Ilmu Hukum Abdurrauf Journal of Community Service
Hutauruk, Rufinus Hotmaulana
Universitas Internasional Batam
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Reconstruction Concept of Restorative Justice in the Crime of Theft with Elderly Perpetrators in Batam Alhakim, Abdurrakhman; Hutauruk, Rufinus Hotmaulana; Azlyn, Nurul
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.237

Abstract

AbstractRestorative justice is an alternative to solving criminal cases in which the criminal justice procedure mechanism focuses on punishment which is changed into a dialogue and mediation process involving the perpetrator, victim, family of the perpetrator/victim, and other related parties. Indeed, the issue of sanctions is a very important issue in the implementation of the content of criminal law because it is a reflection of norms and rules that contain the values of a society. In its implementation, the determination and provision of criminal sanctions based on the law prioritizes Primum Remedium rather than Ultimum Remedium. The purpose of this research is to review, analyze and reconstruct the concept of restorative justice as an alternative to the settlement of criminal acts, especially against elderly perpetrators of theft in Batam city. Based on the result of the research, there is still no special regulation related to the settlement of theft crime by the elderly in Batam City, there is still a need for the establishment of legal institutions/agencies that develop the concept of restorative justice and the lack of knowledge of the people of Batam City on the concept of restorative justice
Legal Accountability for Verbal Sexual Harassment Perpetrators on Dating Apps Rufinus Hotmaulana Hutauruk; Abdurrakhman Alhakim; Salma Rayani Rosniar
JED (Jurnal Etika Demokrasi) Vol 8, No 4 (2023): JED (Jurnal Etika Demokrasi)
Publisher : Universitas of Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/jed.v8i4.12876

Abstract

Numerous incidents of verbal sexual harassment are frequently encountered, and in conjunction with the rapid advancements in technology, such actions have become increasingly prevalent. The proliferation of information technology has made information more accessible, exemplified by the emergence of dating applications, demonstrating the speed of the digital world. The current impact of technological swiftness exhibits both positive and negative consequences. This study seeks to examine Indonesian legal regulations pertaining to verbal sexual harassment via dating applications. This research employs a normative research approach, characterized as a legal library research method. The findings of this study indicate that the investigation primarily relies on secondary legal materials, encompassing both primary and secondary legal sources. Up to this point, the legal protection provided by Indonesia to victims of verbal sexual harassment through dating apps predominantly relies on the penal sanctions outlined in the Penal Code, specifically under Chapter XIV addressing Crimes Against Morality, as well as several other relevant legislations governing this matter.
A Analisis Perlindungan Konsumen dalam Tindakan Penyalahgunaan Data Pribadi oleh Penyelenggara Pinjaman Online Berdasarkan Perspektif Hukum Indonesia Novri, Novrianti; Amboro, Florianus Yudhi Priyo; Hutauruk, Rufinus Hotmaulana
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2488

Abstract

The emergence of regulations regarding personal data in 2022 is eagerly awaited and anticipated by consumers who feel aggrieved by online service managers, especially in the field of online-based loan financial services. The rules that specifically regulate the protection of personal data are Law no. 27 of 2022 concerning Personal Data Protection, prior to the existence of special regulations regarding personal data, the ITE Law and other similar legal regulations were used as a reference for consumer protection. Law Number 27 of 2022 concerning Personal Data Protection was formed so that it does not overlap with other regulations that guarantee the protection of personal data in the community. In addition to these regulations, there are still several regulations governing this matter, namely Law Number 11 of 2016 on amendments to Law Number 11 of 2008 concerning ITE, provisions of the Financial Services Authority (OJK) Number 1/POJK.07/2013 concerning Consumer Protection and OJK Provisions Number 77/POJK.01/2016 concerning Online-Based Loan Services. The research method used to write this article is a normative research method which is defined as research that has basic material from data in similar journals, articles, theses, theses, and so on. Consumers who are harmed can act legally with two choices, namely arbitration and litigation channels, if arbitration has been carried out then there is no agreement between the two parties for peace then they can pursue litigation channels by reporting this matter to the local police or can file lawsuits against the law to local District Court.
Developing an Indonesian Regulatory Framework in the Face of SEZs 5.0 Hutauruk, Rufinus Hotmaulana; Tan, David; Situmeang, Ampuan; Disemadi, Hari Sutra
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.67623

Abstract

Numerous emerging economies have embraced Special Economic Zones (SEZs) as more than just an instrument for policymaking to encourage growth and industrial development. Today’s “SEZ 5.0,” which is based on novel digital inventions offers a gateway to economic progression. This research utilizes the normative juridical method and secondary data based on library research. This research is novel in the way that it illuminates the numerous key lessons from effective SEZ practices, such as: geographical advantage, interoperability of zone strategic plan with the overarching development plan, acknowledging the context of the industry, and harnessing comparative advantage, as well as, making sure that SEZs are “special” in contexts of a business-friendly atmosphere supported by a sound statutory and regulatory model, along with the articulation of sustainable practices and adaptability towards the volatility of the market. This research recommends key policy lessons for the Indonesian SEZ governance.
Sanctions For Non-Performing Corporate Social Responsibility Jaya, Febri; Hutauruk, Rufinus Hotmaulana; Rusdiana, Shelvi
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1751

Abstract

Introduction: Companies are legal materials that have a role in national development. Its role can be realized by carrying out corporate social and environmental responsibilities as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies. However, many companies neglect this responsibility.Purposes of the Research: The purpose of this study is to analyze the sanctions related to companies that do not carry out these responsibilities.Methods of the Research: The method in this research is normative juridical. In this study also used literature study. In terms of reviewing this research, a judical basis was used which consisted of Law Number 40 of 2007 and Government Regulation Number 47 of 2012.Results of the Research: Based on the results of the research, it was found that the laws and regulations governing corporate social and environmental responsibility have a legal vacuum, namely that there are no clear sanctions for companies that do not carry out these responsibilities. The urgency of regulation is sanctions because by not regulating sanctions, there is an ambiguity of norms that will lead to legislative law.
IMPLEMENTATION OF RESTORATIVE JUSTICE IN DISTRICT ATTORNEY’S OFFICE OF ROKAN HULU: CONTEMPORARY ISSUES Martua, Susanto; Situmeang, Ampuan; Hutauruk, Rufinus Hotmaulana
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.8286

Abstract

The Attorney General's Office issued Regulation of Attorney General Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice (hereinafter written RAG No. 15/2020). According to this regulation, the Public Prosecutor has the right to stop prosecuting the accused in certain cases, if the victim and the defendant have agreed to an amicable agreement. The existence of RAG No. 15/2020 which gives the Prosecutor's authority to stop prosecutions based on restorative justice is a breakthrough in the settlement of criminal acts. Restorative justice is an approach in resolving criminal acts which is currently being voiced again in various countries. Through a restorative justice approach, victims and perpetrators of criminal acts are expected to achieve peace by prioritizing win-win solutions, and emphasizing that the victims' losses are replaced and the victims forgive the perpetrators of the crime in condition that is committed with the value of the evidence or the value of the loss caused by the crime of not more than 2.5 million rupiah. Referring to the principle of fast, simple, and low-cost justice, RAG Number 15 of 2020 has been accommodated for settlement through an out-of-court process, namely a peace process between the victim and the perpetrator. The peace process is carried out by the parties voluntarily, with deliberation for consensus, without pressure, coercion, and intimidation. In the peace process, the Public Prosecutor acts as a facilitator, which means that he has no interest or connection with the case, the victim, or the suspect, either personally or professionally, directly or indirectly.
THE DEVELOPMENT AND STANDARDIZATION OF COVID-19 EXAMINATION LABORATORY: EFFECTIVITY AND CHALLENGES Siregar, Zulhirdan; Sudirman, Lu; Hutauruk, Rufinus Hotmaulana
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.8288

Abstract

Thorough COVID-19 pandemic considered done in Indonesia, In terms of surveillance and detection, countermeasures are carried out by examining COVID-19 specimens by the network of COVID-19 examination laboratories. The gold standard for COVID-19 examination is to carry out an RT-PCR (Real Time Polymerase Chain Reaction) test from samples taken with nasopharyngeal and oropharyngeal swabs. Batam City so far has had several laboratories for examining COVID-19 specimens that examined COVID-19 specimens with the RT-PCR test. The number of positive COVID-19 in Batam City until April 18, 2022 was 30,960 people obtained from the results of examinations by the COVID-19 examining laboratory. Arrangements are needed to ensure that all laboratories that carry out testing of COVID-19 specimens have standards and work in maximum capacity so that fast and valid COVID-19 specimen examination results are obtained. This study analyzes the effectiveness of the Decree of the Minister of Health (Kepmenkes) of the Republic of Indonesia Number HK.01.07/MENKES/4642/2021 concerning the Implementation of the Corona Virus Disease 2019 (COVID-19) Examination Laboratory in the development of the COVID-19 examination laboratory in Batam City. Laboratory development is carried out by the Environmental Health and Disease Control Engineering Center (BTKLPP) Class I Batam. This study uses an empirical juridical method with a qualitative approach using secondary data. From the results of the research carried out, it was found that to get fast and valid results, the laboratory for examining COVID-19 specimens must have a standard that is a reference which refers to the Decree of the Minister of Health (Kepmenkes) RI Number HK.01.07/MENKES/4642/2021 concerning Organizing the Corona Virus Disease 2019 (COVID-19) Examination Laboratory and supervisory laboratory in carrying out guidance and supervision of the implementation of the examination of COVID-19 specimens in each of the laboratories for examining COVID-19 specimens in Batam City.
The Legal Analysis of Copyright Protection for E-Books in the Form of Non-Fungible Token (NFTs) Christina, Christina; Amboro, Florianus Yudhi Priyo; Hutauruk, Rufinus Hotmaulana
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i2.8495

Abstract

Non-Fungible Tokens (NFTs) serve as a digital platform that aids creators of digital works, particularly E-Books, in marketing or introducing their creative outputs. This platform offers easy access and high-security systems to safeguard the copyright of E-Book creators. This study aims to analyze and provide insights into the copyright protection of E-Book works in the form of NFTs, under the perspective of Copyright Law. Additionally, the study seeks to determine whether NFT transactions can serve as a solution for Intellectual Property protection in Indonesia. The research employs a normative legal research method, utilizing literature review and descriptive techniques. The findings reveal that NFTs can indeed offer a solution for intellectual property protection in Indonesia. By transforming works into NFTs, their copyright is protected through ownership tokens that are automatically integrated into the blockchain (digital ledger).
Pemenang Lelang Eksekusi terhadap Jaminan Tanah yang Belum Bersertifikat Sugianto, M Udik; Amboro, Florianus Yudhi Priyo; Hutauruk, Rufinus Hotmaulana
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4611

Abstract

The large number of people who do not have proof of land ownership is an obstacle in obtaining credit from banks. However, responding to this, the bank allows the bank to be able to accept credit submitted to it. However, it becomes a problem when the auction winner wants to transfer the rights to the land, it cannot be done because the land has not been certified, which results in the auction winner not being able to pay the BPHTB. The research method used is normative legal research. Legal regulations regarding auctions for land that have not been certified are contained in Article 41 Paragraph 4 of the PP on land registration, Articles 76 and 108 of the Regulation of the Minister of Land Registration, Article 34 of PMK Implementation of auctions. Meanwhile, the conflict that occurred was Article 83 of the PMK for the Implementation of the Auction, which required the auction winner to pay BPHTB, while Article 2 of the BPHTB Law states that land that has not been certified does not include land rights. The solution provided by the author is: the head of the land office and the head of the KPKNL provide concessions for BPHTB payments and change the laws and regulations related to allowing uncertified land to be auctioned.
Pencabutan dan Pembatasan Hak Memilih dari Ekspatriat: Sebuah Kajian Perspektif Konstitusional Rusdiana, Shelvi; Hutauruk, Rufinus Hotmaulana; Situmeang, Ampuan
Legal Spirit Vol 8, No 1 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.5032

Abstract

The right to vote as a fundamental human right in a democratic country like Indonesia, in fact cannot always be guaranteed to be implemented and its benefits can be realized. The problem of election integrity in Indonesia, which has not improved, has encouraged Indonesia to continue to update its democratic party implementation system, including considering various existing alternatives. Revoking and limiting expatriates' right to vote is a practice that has actually been carried out by other countries, to improve the integrity of elections. This research aims to analyze the possibility of revoking and/or limiting the right to vote from expatriates as an effort to increase election integrity, with a constitutional lens. This analysis is supported by normative legal research methods, with a statutory approach and a comparative approach. The research results found that although revoking the right to vote from expatriates is an unconstitutional option and has not been implemented, the government can implement limiting the right to vote from expatriates to cover the normative gap that exists regarding citizenship, while increasing the accuracy of election list data, by implementing several policies that have been implemented by other countries
Co-Authors Abdurrakhman Alhakim Agus Cik Agustianto Agustianto, Agustianto Ainabila, Salsa Siti Alhakim, Abdurrakhman Anjawai, Namrysilia Buti Anwar, N.A.D. Pramesti Asmin Patros Ayunda, Rahmi Azlyn, Nurul Binti Yussofi, Putri Saphira Audesti Budiyardi Chansrakaeo, Ruetaitip Christina Christina Cik, Agus David Tan Dedi Susanto Dedi Susanto Dian Eka Putri Dian Sari, Eva Disemadi, Hari Sutra Eva Dian Sari F. Yudi Priyo Amboro Febrin Theresya V. Lingga Febriyani, Emiliya Fitri, Winda FL. Yudhi Priyo Amboro, FL. Yudhi Priyo Girsang, Junimart Hariyanto, Rodger Lui Hendra S, Hendra Herianto, Muhammad Firza Jaya, Febri Jepri Medi Jessca, Jessca Julvina, Julvina Junimart Girsang Karya So Immanuel Gort Librawinson, Winky Lu Sudirman Lu Sudirman Martua, Susanto Medi, Jepri Muhammad Faiz Nertivia Nertivia Nopriensa, Salsabella Dea Novri, Novrianti Nur Laily Nur Laily NURLAILY, NURLAILY Octa Villa Oetary, Yana Panama, Nikolas Patros, Asmin Priyo Amboro, Florianus Yudhi Putri, Tasya Raehan Annisa Rusdiana, Shelvi Salma Rayani Rosniar Silviani, Ninne Zahara Siregar, Zulhirdan Situmeang, Ampuan Sugianto, M Udik Susanto Martua Tan, David Tan, Winsherly Tantimin Tantimin Tantimin, Tantimin Titi Delima Panjaitan Triana Dewi Seroja Verensia Weley, Nadia Carolina Wulandari, Aura Yana Oetary Zulhairi Zulhairi Zulhairi, Zulhairi Zulhirdan Siregar