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All Journal Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Pengabdian Kepada Masyarakat Sakai Sambayan Hasanuddin Law Review Jurnal Bina Mulia Hukum TANJUNGPURA LAW JOURNAL Jambe Law Journal Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Unes Law Review Jurnal Simbur Cahaya Musamus Law Review Journal of Law and Policy Transformation Uti Possidetis: Journal of International Law Indonesian Journal of International Law Pancasila and Law Review The International Journal of Politics and Sociology Research Legal Protection for the Partnership Agreement Parties JUSTICIA SAINS: Jurnal Ilmu Hukum Jurnal Ilmiah Hukum dan Hak Asasi Manusia Journal of Central Banking Law and Institutions Jurnal Nusantara Mengabdi Probono and Community Service Journal MILRev: Metro Islamic Law Review Kajian Ilmiah Hukum dan Kenegaraan Indonesian Journal of Law and Justice Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Journal Of Advance In Social Sciences And Policy
Natamiharja, Rudi
Fakultas Hukum, Universitas Lampung.
Religion Agriculture, Biological Sciences & Forestry Humanities Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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Islamic Law and International Law Natamiharja, Rudi
Indonesian Journal of International Law Vol. 18, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (301.342 KB)

Abstract

Asset Recoveryin in the Criminal Act of Corruption in ASEAN Rinaldy Amrullah; Rudi Natamiharja
Simbur Cahaya VOLUME 27 NOMOR 1, JUNI 2020
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (985.852 KB) | DOI: 10.28946/sc.v27i1.805

Abstract

The eradication of corruption is not only limited to imprisonment for perpetrators, but also optimally recaptures what has been taken by corruptors (asset recovery). This action needs to be done in order to create a deterrent effect for corruptors and return the state property. Corruption eradication in Southeast Asia, especially by ASEAN member countries, has not shown seriousness. This fact shown from Transparency International report. The majority of ASEAN country member have not been optimal in the orientation of asset recovery in handling corruption cases. How could ASEAN countries eradicate corruption through asset recovery efforts? This study uses a normative comparative method through a qualitative approach. Based on the results of the study found that the level of corruption in Southeast Asia is not the worst, but also not in a safe condition from the threat of corruption and is still classified as an area of concern. Brunei Darussalam, the Philippines, Indonesia and Singapore are among the countries that have succeeded in increasing corruption eradication scores. Indonesia and Thailand become countries that struggle hard to eradicate corruption while Vietnam and Laos are considered to be countries that are still lacking in fighting corruption. Based on the results of the study, it was found that the recovery of corruption assets is still a matter of little concern by the majority of countries except Singapore and Malaysia. In eradicating corruption, particularly in asset recovery, ASEAN needs to have a political will determined and become a law in conducting multilateral cooperation. The agreement must be set forth in the form of regional cooperation that has a strong tie so that this can help efforts to eradicate corruption in ASEAN.
The Influence of International Law in 1945 Constitution Amendments of the Republic of Indonesia Rudi Natamiharja; Algizca Rasya; Ria Wierma Putri; Desia Rakhma Banjarani
Musamus Law Review Vol 4 No 2 (2022): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v4i2.3981

Abstract

As a country that is active in international relations, Indonesia often creates relations about the relationship between international and national law, which also raises questions about the influence between the two. The linkages between international law and national law give rise to each other, including in the process of drafting amendments to the constitution of a country, one of which is Indonesia. This paper discusses the influence of international law in the amendments to the 1945 Constitution of the Republic of Indonesia. The method used is normative juridical in the form of library research. The results of the research are that there is a link between national law and law that influence each other, including in the process of amending the 1945 Constitution of the Republic of Indonesia. Although not all articles are affected by international law, at each stage of the amendment there are several articles that have a positive effect on the whole. directly or indirectly.
A Case Study on Facebook Data Theft in Indonesia Rudi Natamiharja
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 3 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no3.1312

Abstract

The rights to privacy as an individual fundamental right should be protected. Ironically, this right is deliberately delivered publicly in social media. And Facebook, the largest social media, keep more than 2.2 billion privacies data in the whole world. In early April 2018, one million personal data of Indonesian Facebook users was stolen by other parties. Mark Zuckerberg, as a founder and CEO, acknowledged that the Facebook data consisting of customer personal data had been stolen and used by other parties. It is one of the weaknesses and negligence of Facebook that needs to be addressed in the future. Indonesia government issued a warning letter to Facebook and required formal explanation concerning those recent cases. However, the Government's seriousness on the protection of personal data of its citizens is still questioned. How Indonesian regulations cover private data protection on their citizen and what steps should be taken to protect personal data in Indonesia? By using the International instrument and Indonesia legal instruments on the protection of privacy right, this article would give the answer what government Indonesian should do to undertake this situation. The research found that the regulation of privacy protection is sufficient yet the government has no determination to take account seriously on protecting the privacy right, and no sanction to the parties was involved. Socialization on the importance of personal data toward Indonesian society in Indonesia should be done, from the basic to the top level. Keyword: Right Privacy, International Law, Fundamental Rights
Does International Criminal Court have Jurisdiction over the Destruction of Cultural Property by the Islamic State of Irac and Syria? Bayu Sujadmiko; Desia Rakhma Banjarani; Rudi Natamiharja; Desy Churul Aini
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 10 No 2 (2021)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2021.v10.i02.p01

Abstract

The cultural property becomes objects of destruction in armed conflicts, such as Syria and Iraq, which were carried out by ISIS squads (Islamic State of Iraq and Syria). For ISIS’s actions, the ICC should judge ISIS. However, new problems will arise regarding the jurisdiction of the ICC to judge ISIS. Based on the explanation of this background, the question will arise: How are humanitarian law regulations related to protecting cultural property during armed conflict? And what is the regulation of the ICC’s jurisdiction over the protection of cultural property in armed conflict by ISIS? The research in this article is normative legal research with the statue approach. According to humanitarian law, the research results show that the regulations relating to the protection of cultural property during armed conflict are contained in the 1954 Hague Convention, Additional Protocol I and Additional Protocol II of the Geneva Conventions of 1977. The destruction of cultural property carried out by ISIS is included in war crimes, one of the Rome Statute material jurisdictions. In this case, the Rome Statute applied by the ICC has juridical power to uphold justice and punish, including war crimes committed by ISIS. For the destruction of various cultural property in Iraq and Syria, ISIS can be judge by the ICC through a referral by the UN Security Council based on the provisions stipulated in the 1998 Rome Statute.
Law Making Treaties: The Implication of International Law towards Indonesia’s Legislations Rudi Natamiharja; Rudy Rudy; Chaidir Ali
Jambe Law Journal Vol 3 No 2 (2020)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.3.2.191-210

Abstract

In relation to promoting global issues in international forums, several sources of international law are formed. These formed laws are in the figure of law-making treaties, which are closely related to international regimes that influence the behavior of international actors. However, in developing countries, such as Indonesia, International law is considered the outermost layer of the legal order under national law, colonial law, religious law, and customary law. Thus, it is a challenge for international laws to be enforced in a broad society. Therefore to make international law hold an implementative power, the laws need to be adopted in the national law. This article aims to examine the implication of international laws, especially in international treaties towards Indonesia legislation. It is carried out by mapping a series of international treaties ratified and enacted through national laws in Indonesia. The results of this study demonstrates that until 2019 the Indonesian Government has bound itself in 302 agreements. From the 302 treaties, only 61 international treaties were Law-Making Treaty, and only UNCLOS 1982 has implicated by the Indonesian Government through Law No. 32 of 2014 concerning Maritime Law.
PENINGKATAN KESADARAN MASYARAKAT TERHADAP PERLINDUNGAN HUKUM HAK LINGKUNGAN YANG BAIK DAN SEHAT Rudi Natamiharja; Rudy Rudy; Ria Wierma Putri; Febryani Sabatira
Jurnal Pengabdian Kepada Masyarakat Sakai Sambayan Vol 6 No 2 (2022)
Publisher : Lembaga Penelitian dan Pengabdian Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/jss.v6i2.353

Abstract

Lingkungan yang baik dan sehat merupakan hak dasar (fundamental rights) bagi setiap manusia yang harus diciptakan oleh setiap negara, pemerintah dan berbagai pemangku kepentingan. Hukum nasional mengatur hak atas lingkungan yang layak pada Undang- Undang Dasar 1945 Pasal 28 ayat (1) menyebutkan bahwa setiap orang berhak hidup sejahtera lahir batin, bertempat tinggal dan mendapatkan lingkungan hidup yang baik dan sehat serta berhak memperoleh pelayanan kesehatan. Masyarakat sasaran berada di RT 02 yang merupakan area pemukiman dengan tingkat kepadatan tinggi dengan akses mobilitas yang buruk, sehingga siklus pengelolaan sampah tidak berjalan efektif. Minimnya tingkat pendidikan masyarakat Kampung Baru Tiga berbanding lurus dengan kurangnya pengetahuan terkait hak dasar mereka atas lingkungan yang baik dan sehat, serta dampak langsung pencemaran lingkungan terhadap kehidupan bermasyarakat. Pengabdian dilaksanakan melalui rangkaian kegiatan sosialisasi hukum dan aksi bersama masyarakat untuk meningkatkan kesadaran mereka terkait peran penting masyarakat dalam mewujudkan lingkungan yang baik dan sehat. Maka dari itu, PKM Unggulan ini diharapkan dapat memberikan kontribusi berupa pengetahuan hukum, pemahaman dampak lingkungan, dan pelatihan pengelolaan sampah mandiri.
The Impact of Cyber Warfare on Indonesian Cellular Frequency Operators Based on the International Information Technology Law Ria Wierma Putri; Rudi Natamiharja; Orima Melati Davey; Febryani Sabatira; Yunita Maya Putri
Kertha Patrika Vol 44 No 2 (2022)
Publisher : Fakultas Hukum Universitas Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2022.v44.i02.p.02

Abstract

The Radio Frequency Spectrum is a limited Natural Resource, which in terms of its management has a strategic and economic impact on the community. These limitations require the government to make quite strict regulations in the utilization of these resources. Indonesia is one of the countries that uses frequency as the consumption of daily life. This is illustrated using communication tools for the telephone network. To avoid using license frequencies, Indonesia must adjust without national and international frequency rules, considering that Indonesia is already a member of the ITU. This situation has been realized through Law no. 24 of 2015 concerning the Table of Allocation of the Indonesian Radio Frequency Spectrum, which states that the frequency allocation in Indonesia refers to the ITU-Radio Regulations. Indonesia is currently in a state of urgency for cyber security or cyber security because of the level of cybercrime or cybercrime in Indonesia. Policy handling cybercrime is different from other crime prevention. However, unlike other crime prevention, cybersecurity requires a comprehensive thought to deal with it. Therefore, the study found two problems: (1) What are the provisions for the use of frequencies in Indonesia, (2) What are the provisions regarding the existence of cyberwarfare, and (3) How are the impacts of cyberwarfare on the frequencies of Indonesian cellular operators based on international information technology law?.
INDONESIA'S DEMOCRACY AND CONSTITUTION: REFLECTING HUMAN RIGHTS BASED ON PANCASILA Ria Wierma Putri; Febryani Sabatira; Orima Melati Davey; Muhammad Febriyan Saputra; Rudi Natamiharja
Journal of Law and Policy Transformation Vol 7 No 2 (2022)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v7i2.7235

Abstract

Pancasila democracy is a democracy system applied in Indonesia to run the government based on the 1945 Constitution. The 1945 Constitution is positioned as the state constitution and is a concrete crystallization of Pancasila’s values. The constitution, which is the highest source of law in Indonesia, is very important in the Pancasila democratic system. The relationship between the Democracy, Human Rights, and Pancasila is very concord. Pancasila is the ideology of the Indonesian state, the basis of the state, and the foundation of the state philosophy. The relationship is contained in the values of Pancasila. These values highly uphold human rights which is seen from the second value of Pancasila, “fair and civilized humanity”. The relationship between democracy with human rights and Pancasila is that democracy is a system used in Indonesia to realize Pancasila’s values while still based on human rights in its implementation. Then, Pancasila must always remain the basis of the state’s philosophy because Pancasila is the result of the nation founders’ consensus agreement. Pancasila values are not owned by other countries in the world and has become the Indonesian nation’s identity. Pancasila is supreme because it is the core foundation in uniting the diverse Indonesian nation. In addition, ideals of law do not only function as a regulatory benchmark to test whether a positive law is fair, but it also serves as a constitutive ground. Therefore, laws will lose it definition without the existence of ideals of law.
Implementation of Civil Rights against Vulnerable Groups in the Legal and Constitutional System in Indonesia Rudy Rudy; Rudi Natamiharja; Jalil Alejandro Magaldi Serna; Ahmad Syofyan
Hasanuddin Law Review VOLUME 8 ISSUE 3, DECEMBER 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i3.4229

Abstract

Constitutional Court is established as an effort to uphold the rule of law and provide maximum protection for democracy as well as human rights, particularly civil rights. The main purpose of the rule of law is to protect citizens' freedom from state power. Therefore, this study aims to examine the implementation of civil rights against vulnerable groups in the Indonesian legal and constitutional system. Data were analyzed using a normative juridical approach by examining theories, concepts, legal principles, and statutory regulations obtained from legal sources such as books, articles/writings, and other documents. The government issued various laws and regulations with multiple conventions such as the rights of the child and the elimination of all forms of discrimination but this effort has not been supported by a strong shared commitment. Based on these circumstances, it is necessary to develop an effective law enforcement mechanism to protect citizens' rights, particularly vulnerable groups.
Co-Authors Ahmad Syofyan Algizca Rasya Ali, Chaidir Aulia Fitri, Anisa Bayu Sujadmiko, Bayu DARYANTI DARYANTI Davey, Orima Melati Desia Rakhma Banjarani Desy Churul Aini Elfa Murdiana Fakih, M. Fakih, M. Febryani Sabatira Febryani Sabatira Gautam Kumar Jha Heni Siswanto Ikhsan Setiawan Jalil Alejandro Magaldi Serna Januarti, Rasti Putri Khanza, Yuga Narazua Khoirunisya, Siti M. Fakih M. Nur Fathoni Melly Aida Mirza, Isroni Muhammad Miraj Muhammad Fakih Muhammad Fakih Muhammad Febriyan Saputra Muhammad Miraj Mirza, Isroni Muhammad Ruhly Kesuma Dinata Nikmah Rosidah Nunung Rodliyah Nurmansyah, Gunsu Orima Melati Davey Orima Melati Davey Panjaitan, Oksha Dwi Anugrah Patra, Elman Eddy Pratama, Andre Arya Putri, Nabila Riana Rasmi Zakiah Oktarlina Rasya, Al Gizca Ria Wierma Putri Ria Wierma Putri, Ria Wierma Rinaldy Amrullah Rudy Rudy Rudy Rudy Rudy Rudy rudy rudy Sabatira, Febryani Saputra, Muhammad Febriyan Sari, Rusni Mayang Serna, Jalil Alejandro Magaldi Setiawan, Ikhsan Setiawan, Ikhsan Yunita Maya Putri Zulkarnain Ridlwan