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All Journal Humani (Hukum dan Masyarakat Madani) Hermeneutika : Jurnal Ilmu Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon Devotion: Journal of Research and Community Service International Journal of Social Service and Research Interdisciplinary Social Studies Collegium Studiosum Journal Journal Of World Science Journal Indonesia Law and Policy Review (JILPR) Journal of Legal and Cultural Analytics (JLCA) Journal of Social Science Journal Research of Social Science, Economics, and Management Indonesian Journal of Advanced Research (IJAR) Rechtsnormen Journal of Law Journal Of Law Sciences (Legisci) Asian Journal of Social and Humanities
Ari Nurhaqi
Universitas Swadaya Gunung Jati
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Power of Proof of Visum Et Repertum as Evidence in Murder Cases: A Case Study of Vina's Murder Noupel, M. Noupel; Romlahayati, Yanti; Nurhaqi, Ari; Henda, Raden; Ika Putri, Dessy; Nurfaidah, Gina
Jurnal Legisci Vol 2 No 3 (2024): Vol 2 No 3 December 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i3.567

Abstract

Murder cases have always increased significantly every year, with an increasingly violent modus operandi. One of the main challenges in uncovering murder cases is the limited evidence that can uncover legal facts. In the investigation process, it is necessary to have at least two valid pieces of evidence, one of which is expert testimony. Expert testimony is usually stated in the Visum et Repertum, which is very important in proving the crime. Visum et Repertum is a forensic medical statement that plays an important role in determining the cause of death, identifying the victim, and estimating the time of death. In terms of the application of Visum et Repertum, mistakes can occur; one of the cases of murder that is going viral today is the Vina murder case that occurred in 2016. In the case of Vina's murder, after going viral, new evidence emerged that was revealed even though there was a court decision with permanent legal force. This study aims to examine the role and position of Visum et Repertum as evidence in proving the crime of murder, with a case study on the case of Vina's murder at the Cirebon City District Court. The method used is a normative juridical approach, with secondary data in the form of court decisions and legal documents. The results of the study show that Visum et Repertum has a significant role in the process of proving the Vina murder case in Cirebon City, although sometimes, there can be errors in interpretation that affect the accuracy of legal decisions. Visum et Repertum provides authentic evidence that is important to solve the legal puzzle in the case of Vina's murder in Cirebon City, so it needs to be carefully considered by the judge in making a decision.
Law Enforcement In The Implementation of Kuningan Regency Regional Regulation Number 6 of 2014 Against The Illegal Sale of Alcoholic Beverages Gaza Muhammad Alghifari; Farah Aulia Lopiyana; Reka Maryam; Gunadi Rasta; Ari Nurhaqi Nurhaqi
Journal Research of Social Science, Economics, and Management Vol. 4 No. 1 (2024): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v4i1.692

Abstract

The author focuses on the problems that occur related to the illegal sale of alcoholic beverages in Kuningan Regency, where in addition there is already a Regional Regulation that regulates the control and supervision of alcoholic beverages. The purpose of this study is to find out how the Implementation and obstacles to Regional Regulation Enforcement in the Illegal Sale of Alcoholic Beverages in Kuningan Regency. This research uses qualitative research methods and descriptive methods on enforcement theory according to Soerjono Soekanto. Data collection techniques are carried out using interview, observation, and documentation techniques. The findings obtained by the author in this study are that there are still many people who sell alcoholic beverages without a license. that in the Regional Regulation the control and supervision of alcoholic beverages is still not running optimally because there are still many inhibiting factors both from the community and Satpol PP as well as the main actors in the enforcement of the Regional Regulation. Therefore, to maximize the process of enforcing local regulations, Satpol PP is recommended to increase human resources, facilities and infrastructure, and budget. In addition, it is also necessary to hold socialization again to all people of Kuningan Regency.
Legal Protection for the Security of Personal Data of Electronic Land Certificate Holders Primarini, Nabilla Lintang; Rahmalia, Widya Nur; Prihastuti, Devi Indah; Gunawan, Moh. Sigit; Nurhaqi, Ari
Jurnal Legisci Vol 2 No 4 (2025): Vol 2 No 4 February 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i4.619

Abstract

Background. The digital shift requires public trust in protecting personal data stored in electronic systems. Law Number 27 of 2022 on Personal Data Protection was enacted to protect personal data owners' rights and specify the obligations of personal data controllers responsible for ensuring data protection. Aim. This study examines the legal protections for personal data security of holders of Electronic Land Certificates issued through Electronic Systems as Electronic Documents. Methods. The writing approach used is normative juridical, employing procedures for collecting and analyzing primary and secondary legal data. Result. The government is responsible for ensuring the security and confidentiality of the Electronic Land Certificate owner's data against breaches. The government, as a data controller, has ensured the protection of personal data for land rights owners in the execution of the electronic certificate program by adopting measures to safeguard Electronic Certificates, including the implementation of the ISO 27001:2013 standard, employing encryption techniques for data storage, utilizing electronic signatures, implementing two-factor authentication, QR Codes, and various additional protective measures. Data controllers are obligated to safeguard data against breaches. The rise of cybercrime accompanies the advancements in information technology. Criminal behavior evolves in response to societal advancements, necessitating ongoing vigilance and proactive measures to anticipate and address emerging abuses. Conclusions. The research findings indicate that the Government, as a data controller, has implemented measures to protect personal data by establishing procedures to secure Electronic Certificates. Implication The implementation of electronic certificates is currently being executed in phases, considering the preparedness of infrastructure, human resources, and maturity levels at each land office to ensure proper execution across all land offices in Indonesia
Criminal Liability for the Act of Playing Judge Alone (Eigenrichting) Against the Perpetrators of the Crime of Theft in the Criminal Code at the Sukahaji Police Station Nur Hakim, Justitio; Harmono, Harmono; Nurhaqi, Ari
Jurnal Legisci Vol 2 No 4 (2025): Vol 2 No 4 February 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i4.622

Abstract

Background. Vigilante cases generally exist in the crime of theft; the perpetrator is caught off because of the crime committed by the perpetrator, and residents who know about the incident will use their collective power to chase, hit, and gang up on the perpetrator. The act of vigilante itself is how to determine the criminal responsibility of the perpetrator, as well as the settlement of the crime of theft. Aim. This study aims to determine the responsibility of vigilante crime perpetrators and their settlement with the Majalengka Police. Methods. The method used is normative juridical, sourced from data taken at the Sukahaji Police Station.Result. The meaning of criminal liability or guilt must be expanded while still considering the balance between the interests of individuals and the interests of the wider community. Furthermore, he reminded us that consideration must be made very carefully, especially when making a drastic leap from the conception of error that is expanded in such a way to the conception of no error at all. The latter is the deepest root of the values of justice based on Pancasila. Conclusions. The concept of vigilante justice (eigenrichting) is not explicitly addressed in Indonesian criminal law within the Criminal Code. Individuals engaging in vigilante actions (eigenrichting) may face penalties commensurate with their conduct and can be prosecuted under Article 351 of the Criminal Code regarding persecution, Article 170 concerning violence, Article 406 paragraph (1) pertaining to destruction, Article 338 regarding intentional homicide, and Article 354 concerning severe persecution.Implementation. The reform of the Criminal Law in Indonesia, specifically the Criminal Code Bill, has not explicitly addressed the act of vigilantism (eigenrichting). Typically, vigilantism is resolved through restorative justice, which seeks to reconcile the parties involved without resorting to legal proceedings.
The Urgency of Legal Protection For Child Victims of Economic Exploitation by Parents in Cirebon Regency Saefulloh, Asep Aep; Juanda, Ferdy Adrian; Ramadhan, Galuh; Henda, Raden; Nurhaqi, Ari
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14365

Abstract

Economic exploitation of children by parents is a form of human rights violation that requires comprehensive legal protection. This study aims to assess the urgency of legal protection for child victims of economic exploitation in Cirebon Regency. Methods, Using a juridical-empirical approach. Various laws and regulations have guaranteed child protection, such as Law Number 35 of 2014 concerning child protection. However, the reality on the ground shows that there are still cases of child exploitation carried out by parents, especially in the Plered District. This finding was obtained from interviews with the Cirebon Regency social service and the direct perpetrators. The study's results show that even though regulations are in place, their implementation is still weak due to limited supervision and a lack of legal awareness among the public. Therefore, institutional strengthening and legal education are needed to prevent the economic exploitation of children more effectively.
Juridical Analysis of the Normative Gap in the Summoning of A Charge and A De Charge Witnesses in Indonesia Manurung, Arthur Kusuma Atmaja; Prasetyawan, Tegar Eka; Setiawan, Frans; Rahman, Alip; Nurhaqi, Ari
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14498

Abstract

The Public Prosecutor, as the representative of the State, holds dominant authority in regulating the course of criminal trials (dominus litis). The role of the Prosecutor inevitably places them in direct opposition to the interests of the Defendant. This clearly demonstrates a disparity in how the law treats the summoning of witnesses: while the Prosecutor’s witnesses are compelled by law, those of the Defendant are not equally supported or guaranteed by the legal framework. As a result, the Defendant’s right to present mitigating witnesses remains a theoretical entitlement (lex scripta) without enforceability. This research conducts a normative juridical analysis of relevant legal texts, scholarly literature, and journal sources. A significant imbalance is evident in the process of summoning witnesses those summoned by the Prosecutor aim to incriminate (a charge), while those proposed by the Defendant seek to mitigate or exculpate (a de charge). Incriminating witnesses are bound by legal obligations and face sanctions under Article 224 in conjunction with Article 552 of the Indonesian Penal Code if they fail to appear, and their testimony is considered valid evidence in court. The findings indicate that this legal imbalance significantly affects the objectivity of criminal proceedings, often leading to a tendency to disadvantage the defendant. In contrast, exculpatory witnesses are treated merely as a "right" of the Defendant, without any enforceable obligation to appear, as no legal consequences exist for their absence.
Optimization of Legal Policies Against Trademark Rights Violations Based On Restitution Hastino, Grace Putri; Fauziah, Elina; Maylani, Vina; Asmara, Teddy; Nurhaqi, Ari
Rechtsnormen: Journal of Law Vol. 3 No. 3 (2025)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i3.2259

Abstract

Background. Trademark counterfeiting is a significant violation of Intellectual Property Rights (IPR)and has emerged as an important issue within the legal and economic framework Purpose. This research aims to analyse the basic concept of trademark infringement and how to optimize legal policy against restitution-based trademark infringement. Methods. Using normative juridical research method (doctrinal) with a descriptive and analytical nature, data collection techniques are done through literature review, content analysis, and case studies with qualitative analysis. Result. The results show that trademark infringement is an economic criminal offence that significantly harms the owner. Law Number 20 of 2016 still focuses on criminal punishment without guaranteeing the recovery of victims' losses. Conclusion. Therefore, restitution as part of criminal sanctions is very important to realise complete justice. Implementation. By integrating restitution into the criminal process, Indonesian law can better protect intellectual property rights and provide fair and adequate protection for brand owners.
The Effectiveness of Forensic Medicine in the Investigation of Murder and Harassment at the Cirebon City Police Ubaiyadi, Sallsa Nabila Dewi; Yuningsih, Maylafasya Ratna; Yuniarni, Ervina; Henda, Rd.; Nurhaqi, Ari
Indonesian Journal of Advanced Research Vol. 4 No. 5 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijar.v4i5.14459

Abstract

The importance of forensic medicine in supporting the criminal investigation process, especially in cases of murder and harassment. In some cases, conventional evidence is not enough to reveal the facts that occurred, so a scientific approach is needed through the analysis of biological, medical, and toxicological evidence, the use of forensic medicine often faces various challenges in its application, such as objections from the victim regarding autopsy. For this reason, it is necessary to know the extent of the effectiveness of forensic medicine in handling the crime of murder and harassment, as well as the challenges faced by investigators in the case at the Cirebon City Police. This type of research is normative juridical, examining theories, concepts, legal principles, and laws and regulations. Data collection techniques include interviews and document studies. The results of the study show that forensic medicine is very effective in helping to solve murder cases at the Cirebon City Police. However, in the case of verbal harassment, it is still difficult to prove because there is no trace of the perpetrator on the victim's body, so in this case, the doctor can only make a medical certificate regarding the victim's psychological state.
Implementation of Government Regulation No. 28 of 2024 on Legal Abortion to Ensure Legal Certainty Setiawati, Faika Pra; Juliana, Nur Lita; Siroj, Mohamad; Nurhaqi, Ari; Harliyanto, Rois
Indonesian Journal of Advanced Research Vol. 4 No. 6 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijar.v4i6.14719

Abstract

Abortion is a complex and sensitive issue that involves legal, moral, social and religious aspects. In Indonesia, abortion is generally criminalized, except under certain conditions under Government Health Law No. 17 of 2023 and Government Regulation No. 28 of 2024. These regulations allow for legal abortion in cases of medical emergency or as a result of sexual violence. This study analyzes the implementation of these Government Regulations in hospitals and the response of medical personnel to them. Using normative and empirical juridical qualitative methods, data was obtained through literature study and interviews with gynecologists in Cirebon. The results show that there are still many obstacles, such as limited facilities, complicated procedures, and lack of an integrated system. Socialization, training, and clear Standard Operating Procedures (SOPs) are needed for the protection of women.
Cirebon City Police Law Enforcement Against Online Gambling Affiliators Izaz, Rofiq Khoirul; Maulana, Gibran; Saputra, Jovian; Ismayana, Ismayana; Nurhaqi, Ari
Indonesian Journal of Advanced Research Vol. 4 No. 6 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijar.v4i6.14727

Abstract

This study aims to examine and analyze the form of law enforcement carried out by Cirebon City Police against online gambling affiliators that are increasingly widespread in the digital era. The method used in this research is an empirical juridical approach, with data obtained through literature studies and direct interviews with law enforcement officials. The results show that law enforcement against online gambling affiliators faces various challenges, including limited regulations that specifically regulate affiliator activities, tracking difficulties due to the use of sophisticated digital technology, and lack of public awareness of the legal impact of these activities. Nevertheless, Cirebon City Police has taken various preventive and repressive measures, including digital forensic-based investigations and cooperation with related institutions. These law enforcement efforts need to be supported by updating legal policies that are adaptive to the dynamics of cybercrime and increasing the capacity of the apparatus in dealing with technology-based crimes.
Co-Authors Agustina, Mela Algonim, Fadhel Andrey Kristianto Angelica, Angelica Artadi, Ibn Darisa, Mesya Nur Fadilla Oktaviani Fadiyah, Hamda Fahrezi, Rachman Farah Aulia Lopiyana Farahdita, Naura Fauziah, Elina Fazria, Vitra Nur Frans Setiawan, Frans Galuh Ramadhan, Galuh Gaza Muhammad Alghifari Gunadi Rasta gunawan, moh. sigit Hariwibowo, Tri Ramdhani Harliyanto, Rois HARMONO HARMONO Harmono, Harmono Hartono Hartono Hartono Hartono Hastino, Grace Putri Henda, Raden HENDA, RD. Ika Putri, Dessy Irma Maulida Ismayana, Ismayana Izaz, Rofiq Khoirul Juanda, Ferdy Adrian Juliana, Nur Lita Kristianto, Andrey Lustiana, Synthia Manurung, Arthur Kusuma Atmaja Maulana, Gibran Maylani, Vina Mega, Moriza Melyssa, Dona Noupel, M. Noupel Nur Hakim, Justitio Nurfaidah, Gina Pertiwi, Nurfadilah Dwinanda Prasetyawan, Tegar Eka Prihastuti, Devi Indah Primarini, Nabilla Lintang Rahayu, Indah Rahmalia, Widya Nur Rahman, Alip Reka Maryam Romlahayati, Yanti Saefulloh, Asep Aep Sanusi Sanusi Saputra, Gilang Saputra, Jovian Setiadi, Gyfari Farhan Nur Setiawati, Faika Pra Siroj, Mohamad Sumarjo, Santi Teddy Asmara Tri Ramdhani Hariwibowo Ubaiyadi, Sallsa Nabila Dewi Waluyadi Waluyadi Yuniarni, Ervina Yuningsih, Maylafasya Ratna