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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah The Indonesian Journal of Business Administration SINTEK JURNAL: Jurnal Ilmiah Teknik Mesin Rekayasa Mesin Eksergi: Chemical Engineering Journal Jurnal Dinamika Hukum Majalah Ilmiah MOMENTUM Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Indonesian Journal of Islamic Literature and Muslim Society Journal Of Nursing Practice Jurnal Pengabdian Masyarakat AbdiMas Aquacultura Indonesiana Indonesian Journal of Community Services Jurnal Abdi Insani Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Law Development Journal Sultan Agung Notary Law Review Indonesian Journal of Advanced Research (IJAR) Jurnal Medika: Medika International Journal of Industrial Innovation and Mechanical Engineering Indonesian Journal of Islamic Literature and Muslim Society Majalah Teknik Mesin
Gunarto Gunarto
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Judicial Power and Judges’ Status in Indonesia’s Constitutional Framework Kadir, Adies; Gunarto, Gunarto; Suwarno, Suwarno; Kabir, Md Adnan
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.195-215

Abstract

This study aims to analyze and formulate the ideal concept of regulating the position of judges as State Officials from the perspective of ius constituendum, by considering the principle of the rule of law adopted by Indonesia. In the Indonesian constitutional system, Article 24 of the 1945 Constitution affirms the judicial power that is independent and free from interference by other powers. However, reality shows that the dualism of the judge's status—as a civil servant and state official—causes ambiguity in the personnel system, administration, and judicial independence. This study uses a normative approach with a qualitative legal analysis method, supported by a philosophical and legislative approach. The results of the study show that the status of judges should be consistently recognized as State Officials to strengthen independence, professionalism, and integrity in carrying out judicial functions. Philosophically, the independence of judges reflects the noble values of Pancasila and the principle of Belief in the One Almighty God, as contained in the court rulings. Therefore, it is necessary to formulate new regulations that eliminate dualism of status and ensure institutional protection for judges. It is hoped that this conceptual reformulation can become the basis for the formation of legislation that is fairer, more progressive and in accordance with the ideals of Indonesian law.
Measuring the Consistency of Pancasila Rule of Law Implementation in Ensuring Judicial Independence in Indonesia Kadir, Adies; Gunarto, Gunarto; Hussain, Abdullah Al-Monzur; Abu Taher, Mohammad
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.321-345

Abstract

This study examines the consistency of the implementation of the Pancasila State of Law in guaranteeing judicial freedom in Indonesia, as stipulated in Article 1 paragraph (3) and Article 24 paragraph (1) of the 1945 Constitution. The Pancasila State of Law integrates the rule of law, protection of human rights, the principles of legality, and judicial independence with Pancasila values that are philosophical, ethical, and religious. Judicial independence, as a key pillar, requires judges to be free from external intervention to produce fair and objective decisions. However, its implementation faces challenges, such as a history of executive intervention, the quality of human resources, and corrupt practices, collusion, and nepotism. This study uses a juridical normative method, analyzes laws and regulations, legal doctrine, and judicial practices in Indonesia, and compares them with the Dutch and United States judicial systems. The results show the need for legal reconstruction through strengthening the guarantee of the position of judge, transparent recruitment, separation of powers, independent budget management, and improving the appeal and cassation mechanisms. This reform will ensure an independent, professional, and integrity judiciary, in line with the values of Pancasila.
Reconstruction of Village Authority Regulations in Implementing Village Government in a State Constitutional System Based on Pancasila Justice Values Suratno, Suratno; Gunarto, Gunarto; Prasetyo, Teguh
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.v4i6.14695

Abstract

Pancasila as the basis of the state plays a fundamental role in village government. Although it is constitutionally recognized through Law No. 6 of 2014, village government practices still face challenges such as overlapping authority, weak institutions, and subordination to local governments. This study uses a socio-legal approach with qualitative methods through interviews, observations, and literature studies in Wirogunan Village, Kartasura, Sukoharjo. The results of the research reconstruct the values and norms of village authority to be in harmony with Pancasila, especially in the management of tourism, water resources, and fisheries. This reconstruction emphasizes the importance of environmental ethics, citizen participation, and social justice, and places villages as autonomous entities and main actors of sustainable development within the framework of the Republic of Indonesia.
The Role of the Prosecutor's Office in Prosecuting Criminal Acts of Sexual Harassment Against Minors (Case Study at the Semarang District Attorney's Office) Rustaman, Viva Hari; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46243

Abstract

Abstract. The high number of cases of sexual harassment against minors is an important matter to be handled immediately, especially by the police as law enforcement officers, the prosecutor's office as law enforcement officers has various roles in criminal acts of sexual harassment against minors as in accordance with applicable laws and regulations. This study aims to determine, examine, and analyze the role of the Prosecutor's Office in prosecuting criminal acts of sexual harassment against minors at the Semarang District Prosecutor's Office, the obstacles and solutions of the Prosecutor's Office in prosecuting criminal acts of sexual harassment against minors at the Semarang District Prosecutor's Office, and the concept of the role of the Prosecutor's Office in prosecuting criminal acts of sexual harassment against minors in the Future. The approach method used in this study is sociological juridical. The specifications of this study are descriptive analytical. The data source used is primary data. While secondary data is obtained from literature study research consisting of primary legal materials, secondary legal materials, and testier legal materials. Based on the results of the study, it can be concluded that the role of the prosecutor's office in prosecuting criminal acts of sexual harassment against minors at the Semarang District Attorney's Office acts as a controller of the case process (Dominus litis) which also plays a role from the stage of receiving the transfer of case files from investigation to prosecution by considering aspects of child protection and justice based on the Criminal Procedure Code, Law Number 35 of 2014 concerning Child Protection, and Law Number 12 of 2012 concerning Criminal Acts of Sexual Violence. Obstacles and solutions for the prosecutor's office in prosecuting criminal acts of sexual harassment against minors at the Semarang District Attorney's Office, namely weak and inconsistent victim statements, lack of additional evidence, suboptimal coordination between law enforcement officers, social stigma and family intervention, lack of special prosecutors or special competence and solutions to overcome the obstacles experienced, namely by increasing the capacity and specialization of prosecutors, strengthening evidence through expert collaboration, encouraging a child-friendly trial system, utilizing the TPKS Law and child protection.
Legal Analysis of the Crime of Aggravated Theft: Assessing Social Justice in Law Enforcement (Case Study of Case Number 1454/Pid.B/2024/PN Sby) Hidayat, Mahatir Muhammad; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46048

Abstract

The Unitary State of the Republic of Indonesia (NKRI) is a state of law. Based on Article 1 paragraph 3 of the 1945 Constitution, it means that Indonesia is a state that is not based on power (maachstaat). All aspects of society, statehood, and government must be regulated by law. To realize a state of law, legal instruments are needed to regulate all aspects of people's lives to maintain justice and balance. Pancasila and the 1945 Constitution as a philosophical basis are used in national and state life, not only in terms of legislation, but also in all aspects of life. The approach method used in this study is the normative legal approach method. In the normative legal approach, legal research is carried out by examining library materials or secondary data as basic materials for research by conducting searches for regulations and literature related to the problems to be studied. The judge in this case applied a penal policy that prioritized sensitivity to the defendant's condition, including his socio-economic background, the losses that had been recovered, and a cooperative attitude during the legal process. This approach reflects the restorative and humanistic spirit that is also the spirit of national criminal law reform according to the thoughts of figures such as Muladi and Barda Nawawi Arief. Within this framework, Muladi emphasized that the criminal justice system should "not only be repressive and retributive, but must also have a rehabilitative and reintegrative dimension." Meanwhile, Barda Nawawi Arief is of the opinion that the Indonesian criminal justice system must take into account the values of justice that exist in society, because "criminal law does not only reflect legalistic values, but also developing moral and social values." This decision shows a progressive trend in criminal justice practices, emphasizing the importance of the function of law as a tool of social engineering that is adaptive to the dynamics of justice and morals in society. Thus, punishment does not merely function as retribution, but as a means of guidance, rehabilitation, and prevention.
Electronic Traffic Law Enforcement to Reduce Traffic Violations in Indonesia Sitoresmi, Sitoresmi; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46217

Abstract

Abstract. UULLAJ as a form of legal certainty in terms of protecting human rights, especially in driving on the road, must be strengthened by good and integrated law enforcement officers. The Indonesian National Police are traffic law enforcement officers who have an important role in providing services to the community in the traffic sector, such as order, smoothness, and improving the quality of the community in driving, because the main factor supporting modern human productivity is traffic. The legal basis for taking action against violations on the road using electronic devices or ETLE is regulated in Article 272 of Law Number 22 of 2009 which states that to support the activities of taking action against traffic and road transportation violations, electronic equipment can be used, and the results can be used as evidence in court. Based on Article 23Government Regulation (PP) Number 80 of 2012Regarding the Procedures for Inspecting Motor Vehicles on the Road and Enforcement of Traffic and Road Transportation, enforcement of traffic and road transportation violations is also regulated based on findings in the inspection process of motor vehicles on the road, reports, and/or electronic equipment recordings. Based on data from the Dirgakkum Korlantas Polri from national accident data in 2023, there were almost 152 thousand accidents, almost 18,357 fatalities, 11,689 serious injuries, and 134,800 minor injuries throughout Indonesia. The implementation of ETLE in the East Java Regional Police area has only been installed in several areas or police stations with several points, namely the East Java Regional Police Traffic Directorate (21 points), Surabaya Police (24 points), Madiun Loc. city Police (4 points), Gresik Police (5 points), Lamongan Police (2 points), Tulungagung Police (2 points), Batu Police (1 point), Sidoarjo Police (3 points).
The Role of the Police Security Intelligence Unit in Disclosing Murder Cases (Case Study at the Rembang Police) Rochmad, Miftakur; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46085

Abstract

The crime of murder is a form of crime that has a serious impact on the stability of security and public order. In dealing with this crime, law enforcement efforts are needed that are not only reactive, but also preventive and strategic. One important element in the process of revealing murder cases is the role of the police Intelligence and Security Unit in helping to reveal murder crimes. This study aims to determine, examine, and analyze the role of the police security intelligence unit in revealing the case of murder at the Rembang Police, obstacles and solutions to the role of the police security intelligence unit in revealing the case of murder at the Rembang Police, and the concept of the role of the police security intelligence unit in revealing the case of murder in the future based on legal certainty. The approach method used in this study is sociological juridical. The specifications of this study are descriptive analytical. The data source used is primary data. While secondary data is obtained from literature study research consisting of primary legal materials, secondary legal materials, and testier legal materials. Based on the results of the study, it can be concluded that the role of the police security intelligence unit in uncovering the murder case at the Rembang Police is to play an important role in supporting the investigation and inquiry process, which plays a role in collecting initial information, analyzing and evaluating information, coordinating with the Criminal Investigation Unit (Satreskrim) and monitoring the security situation. Obstacles and solutions to the role of the police security intelligence unit in uncovering the murder case at the Rembang Police are limited personnel and operational facilities, the difficulty of digging up information from the public, invalid information and hoaxes on social media, the solution is to increase the capacity of personnel and intelligence facilities, strengthen partnerships with the community, manage digital information and intelligence literacy, optimize cross-functional coordination, and uphold neutrality and intelligence ethics. The concept of the role of the police security intelligence unit in uncovering murder cases in the future based on legal certainty, namely by strengthening the legal basis of police intelligence, using standardized technology, conducting cross-unit coordination that is orderly by law, and increasing professionalism and intelligence ethics.
Police Digital Forensics Functional in Handling Hate Speech Crimes in Cyberspace Junaidi, Junaidi; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46021

Abstract

The Police Criminalistics Laboratory is part of the organizational structure of the Police which has the task or function as a supervisor, implementer of criminalistics or Forensics, as a science whose application is to provide technical support in the investigation/investigation of criminal acts. This study aims to Functional Digital Forensics of the Police in Handling Hate Speech Crimes in Cyberspace. In this study, the approach method used is: a normative legal approach (normative legal research method). library legal research conducted by examining library materials or secondary data alone. The research specification used is Descriptive Analytical, namely an effort to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the Functional Digital Forensics of the Police in Handling Hate Speech Crimes in Cyberspace. In the context of Indonesian law, digital forensics has been legitimized as valid evidence through the recognition of electronic evidence in the Electronic Information and Transactions Law (UU ITE), as well as the Draft Criminal Procedure Code which accommodates electronic evidence as part of legal evidence. Therefore, the use of digital forensics must be carried out by competent experts and follow established procedures so that the results can be legally accepted in court. Digital forensics plays a vital role in proving the perpetrators in hate speech crimes in cyberspace. Through a scientific process that can be accounted for, digital forensics is able to reveal who exactly "everyone" is referred to in the criminal article. Its main function is not only in collecting evidence, but also in validating, authenticating, and presenting digital data as valid legal evidence. In this digital era, the success of law enforcement against hate speech is highly dependent on the sophistication and integrity of digital forensics.
Legal Accountability for Criminal Actors Without the Right to Sell Narcotics (Study of Decision No. 416/Pid.Sus/2024/PN.Btm) Sianturi, Patar Mangoloi; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46178

Abstract

The purpose of this research is to analyze the construction of criminal acts without the right to sell narcotics in the concept of legal certainty, to analyze legal responsibility for perpetrators of criminal acts without the right to sell narcotics (Study of Decision No. 416/Pid.Sus/2024/PN.BTM The approach method used in this study is the normative legal approach method. This method is used considering that the problems to be discussed are related to the construction of criminal acts without the right to sell narcotics in the concept of legal certainty, analyzing legal responsibility for perpetrators of criminal acts without the right to sell narcotics (Decision Study No. 416 / Pid.Sus / 2024 / PN.BTM The results of the study indicate that the crime of selling narcotics without the right in the concept of legal certainty is regulated in Article 114 of Law Number 35 of 2009 concerning Narcotics for class I narcotics. The concept of legal certainty is expressly regulated in the article regarding the provisions and sanctions for criminal liability for a person acting as a narcotics intermediary in the decision number 416 / Pid.Sus / 2024 / PN.BTM in the eyes of the judge, namely the defendant with the initials P by carrying out the sentence imposed by the judge in the form of imprisonment for 9 (nine) years and 6 (six) months and a fine of Rp. 2,125,000,000 (two billion one hundred and twenty-five million rupiah with the provision that if the fine is not paid, it will be replaced with imprisonment for 3 (three) months, and the defendant did not file any legal action at all Based on the research results, it shows that legal certainty in the Narcotics Law is in accordance with legal certainty.
Consumer Protection Against Inconsistencies in Nutrition Facts Information on Whey Protein Milk Product Labels (Legal Analysis Study) Nurrahman, Rian Alfi; Gunarto, Gunarto
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46202

Abstract

Abstract. Trade arises due to several background reasons, namely philosophical, legal and sociological backgrounds that greatly influence the development and regulation of the process of running a trade. This study aims to analyze the implementation of labeling in whey protein milk products in Indonesia and product responsibility for business actors for inapropriate nutritional value information. The method used in this thesis research is a doctrinal/normative aproach. The specification of this research uses analytical evaluative. The type of research used in this research is normative juridical, namely library legal research conducted by examining library materials or secondary data. Data analysis in this research is an interactive analysis model according to Miles and Huberman. Conclusion and suggestions, The laws and regulations implemented in Indonesia have considered the rights and obligations of business actors and the public as consumers, although there is no guarantee that all producers have good intentions. Business actors are expected to implement quality control on all products produced and marketed by referring to the references set by the government. On the part of the wider community as consumers, there needs to be caution in consuming the results of a product, one of which is by observing what is stated on the label to ensure the method and use according to needs.
Co-Authors A.A. Ketut Agung Cahyawan W Abu Taher, Mohammad Adi Prasetiyo Adiati Hardjanti Agus Ekhsan Agus Hartanto Agus Setiawan Agustinus Dian Leo Putra Ahmad Mujib Rohmat Ahmad Yahya Ahmad Zaini AHMADI Akbar, Robby Akhmad Khisni Akhmad Khisni, Akhmad Ali Djamhuri Ali Fakhrudin, Ali Amin, Al Andhika Widya Kurniawan Andita Rizkianto Anis Mashdurohatun Ansharullah Ida Apri Rahmadi Arief Rahman Siregar Arif Rachman Wahyu Wicaksono Arpangi Arpangi, Arpangi Aryani Witasari As'adi M. Al-ma'ruf Asep Suherdin Bagus Langgeng Prasetiyo Bambang Rudito Bambang Tri Bawono Beno Beno Benyamin Ginano, Raihan Gautama Binyamin Binyamin, Binyamin Boma Wira Gumilar Bondan Zakaria Bushido Chaniago, Rizky Darwinsyah Minin Desi Ayuwati Ayuwati Dhona Anggun Sutrisna Dian Cahyo Wibowo Dian Pramythasari Utamawati Djuniatno Hasan Doddy Irawan Dwi Fahri Hidayatullah Eko Julianto Eko Nuryanto Eli Tri Kursiswanti Endah Wahyuningsih, Sri Endang Sulistyawati Etri Silviyanti Fadhilah, Raudhatul Fahrezi, Dian Fahrurrozi Fahrurrozi Faizal Indra Nor Cahyo Fakhrul Wildan Fariza, Muhammad Fasya, Muhammad Fatik Rahayu Fera Dyah Nur Oktavia, Fera Dyah Feriansyah, Feriansyah Fuazen Fuazen , Fuazen Girsang, Junimart Govari, Muhammad Khoirul Gundiawan, Gundiawan Hadi Ismanto Hendradiana, Asep Henny Pratiwi Adi Heri Joko Purnomo Heru Sulistyo Hidayat, Mahatir Muhammad Hildania, Hildania Hildania, Hildania Hussain, Abdullah Al-Monzur I Nyoman Garjita Ichsanudin Ichsanudin, Ichsanudin Ila Ria Alfi Iqbal Rino Akta Pratama Irawan, Doddy Isman Isman Iswahyudi, Prima Iswahyudi, Prima Iwan, Muhammad Jawade Hafidz Jeifson Sitorus Jelly Leviza Junaidi Junaidi Kabir, Md Adnan Kadir, Adies Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Kusmaryanto Kusmaryanto La Pomaasaa Pomaasaa Lathifah Hanim M. Hasyim Muallim Masduqi Masduqi Masngud Afandi Medie, Medie Moch Faizul Khakim Moh Priyo Manfaat Mohammad Solekhan Muchammad Qomaruddin Qomaruddin Muhamad Riyadi Putra Muhammad Iwan Muhlas Muhlas Mundhi, Mundhi Munsharif Abdul Chalim Mustar Mustar Nenny Probowati Nur Chamid Nur Dwi Edie W Nurpasa, Wibowo Nurrahman, Rian Alfi Panjaitan, Tiara Robena Pardi Pardi Pratama, Reynold Mifta Putra, M. Indra Eka Putra, Sanggrayugo Widyajaya RAMDHANI RAMDHANI Reni Widayanti Ria Latifah Rinna Dwi Lestari Risky Eko Novi Artanto Ristya Putri Asriyani Rivan Achmad Purwantono Rizki Maulana, Tubagus Vibi Rochmad, Miftakur Rustaman, Viva Hari Saputri, Pungky Lela Sarwono, Eko Setiyani, Dwi Setiyani, Dwi Sianturi, Patar Mangoloi Sitoresmi, Sitoresmi Soegeng Ari Soebagyo Soeroso, Raka Aprizki Sri Anik, Sri Sri Endah Wahyuningsih Sri Kusriyah Sri Wahyu Murni Sri Yuliati Subiyanto Subiyanto Sufi Hamdani Kurniawan Suhanan, Aan Sukmanto, Adi Supriyadi, Ujang Suratno Suratno Suseno, Jarot Jati Bagus Suwarno Suwarno Syafaat, M. N. Tanduk, Tangke Margonda Teguh Anindito Teguh Prasetyo Tofan Alamsyah Tri Bawono, Bambang Videawati, Videawati Vikha Anief Obaydhillah Vita Purnamiati Wahyu Adhi Admaja Wahyu Wahyu Warman Warman Widi, Prasetya Nugrahaning Wijanarko, Khansa Fara Yeremias Tony Putrawan Yogi Priyambodo Yuni Ros Bangun Yusran, Fadhel Audia Yusriando Yusriando, Yusriando Zainal Alim Adiwijaya, Zainal Alim