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Actualization of Indonesian cultural values towards digital film M.Ruhly Kesuma Dinata; Nikmah Rosidah; Muhammad Fakih; Rudi Natamiharja
The International Journal of Politics and Sociology Research Vol. 11 No. 1 (2023): June: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v11i1.129

Abstract

The emergence of digital film platforms such as VIU and Netflix Disney + Hostar, WeTV, and so on, which makes watching movies easy, you don't have to go to the cinema, you just need a smart phone and the internet to watch movies anywhere. However, in the digital Film Platform Film. Even though the Film Censorship Institute (LSF) has the task of deciding which parts of a film are acceptable for viewing or must be cut or removed, as well as issuing Film Censorship Certificates for use in Indonesian media. What is the history of the development of film law in Indonesia? And how is the actualization of Indonesian film law in the era of globalization? The normative juridical research method is library law research which is carried out by examining library materials or secondary data. State responsibility in protecting Pancasila values ​​from the impact of filmdigital released by digital film platforms that are inconsistent with national values, there is no institution authorized to censor filmsdigital even though the Indonesian state has a Film Censorship Institution (LSF). that there is a legal vacuum to maintain cultural values ​​or to achieve the objectives of the film law in an era that knows no territorial boundaries.
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.
BANK INDONESIA’S ROLE IN ERADICATING CORRUPTION: ADOPTING THE WORLD BANK INITIATIVES Natamiharja, Rudi; Sabatira, Febryani; Davey, Orima Melati; Khanza, Yuga Narazua
Journal of Central Banking Law and Institutions Vol. 3 No. 1 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i1.32

Abstract

Bank Indonesia as the primary agent for maintaining state financial stability plays an essential role in combatting corruption through preventive and repressive measures. However, considering the poor state of corruption management, Indonesia requires a more strategic and measurable framework. In this case, The World Bank Group (WBG) has numerous methods for combatting corruption through structured initiatives. The overall goal of the programs is to achieve a high level of transparency as the central bank’s fundamental premise in dealing with corruption. Thus, by adopting the WBG guidelines and initiatives, Indonesia can gradually scale up its corruption eradication efforts. This study will further highlight three areas, namely: (i) the World Bank alternatives for controlling corruption; (ii) the role of Bank Indonesia in eradicating corruption; and (iii) adoption of the World Bank’s alternatives in strengthening Bank Indonesia’s efforts to eradicate corruption. The study uses normative legal research using a regulatory approach with secondary data collection. The results of the study show that Bank Indonesia has thoroughly adopted the World Bank’s initiatives. Nevertheless, BI still needs to optimise technology-based public transparency, enhance public involvement, and strengthen supervision of sectoral-based corruption risk in the future. 
CRIMINAL LAW POLICY IN BLASPHEMY ENFORCEMENT BASED ON RESTORATIVE JUSTICE Natamiharja, Rudi; Siswanto, Heni; Banjarani, Desia Rakhma; Setiawan, Ikhsan
Jurnal Bina Mulia Hukum Vol. 8 No. 1 (2023): Jurnal Bina Mulia Hukum Volume 8 Nomor 1 September 2023
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jbmh.v8i1.1178

Abstract

Policies for resolving religious blasphemy in Indonesia are regulated in Law Number 1/PNPS/1965 concerning the Prevention of Blasphemy of Religion and Article 156a of the Criminal Code. Sentences are often repressive and do not fulfill the value of justice. The formulation of the problem in this article is: what is the criminal law policy in the settlement of blasphemy and what kind of settlement model is chosen to handle the case. This research method is normative legal research with a statutory approach based on primary legal materials. The research results show that the imposition of punishment is the main solution. Meanwhile, the model chosen in the resolution of defamation of freedom of expression according to the concept of restorative justice uses an integrated approach that tries to implement penal and non-penal efforts simultaneously to fulfill justice for the perpetrators of defamation, including involving the role of the community through the Religious Communication Forum (FKUB). Suggestions that need to be conveyed are that criminal law policies are still being implemented, but harsh criminal sanctions are softened by using the concept of restorative justice, bearing in mind that not every case of blasphemy deserves a harsh sentence.
Guarding Privacy in the Digital Age: A Comparative Analysis of Data Protection Strategies in Indonesia and France Natamiharja, Rudi; Setiawan, Ikhsan
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.349

Abstract

Personal data protection is a critical issue in the contemporary digital era, marked by a significant rise in data collection and processing by both governmental and private entities. Indonesia, with its recently enacted Personal Data Protection Law, faces substantial challenges in implementation and enforcement. In contrast, France, as an EU member state, adheres to the General Data Protection Regulation (GDPR), widely regarded as the global benchmark for data protection. This study employs a comparative analysis to examine the legal frameworks, enforcement mechanisms, and data subjects' rights in Indonesia and France. Data were gathered through an analysis of legal documents, policy reports, and case studies on regulatory implementation in both countries. The results reveal that while there are notable differences in regulatory approaches and specifics, both countries aim to safeguard individuals' data rights. France's GDPR provides a more comprehensive and structured framework, whereas Indonesia is in the nascent stages of developing and refining its data protection regulations.
Penerapan Sistem Pemerintahan Berbasis Elektronik (SPBE) Pada Dinas Komunikasi, Informatika dan Statistik Provinsi Lampung Dengan Prinsip Good Governance Aulia Fitri, Anisa; Ridlwan, Zulkarnain; Natamiharja, Rudi
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1749

Abstract

The aim of this research is to analyze the implementation of SPBE in the Lampung Province Communication, Informatics and Statistics Service and analyze the suitability of the SPBE implementation in the Lampung Province Communication, Informatics and Statistics Service with the principles of good governance. This type of research is normative-empirical legal research, using primary data and secondary data. The research approach uses a statutory-regulatory approach (legislative approach) and a contextual approach (conceptual approach). The results of this research show that the implementation of SPBE in the Communication, Informatics and Statistics Service of Lampung Province obtained an index of 3.37 or was included in the good predicate according to data from evaluation results by the Ministry of State Apparatus Empowerment and Bureaucratic Reform in 2023. In detail, namely the policy domain with an index of 4.70, the governance domain manage with an index of 3.30, management domain with an index of 1.64, and service domain with an index of 3.63. This is in accordance with William Chamblis and Robert B. Seidman's Law Writing Theory, namely that the Lampung Provincial Government is the law-making institution that applies the Lampung Governor's Regulation on SPBE. The operation of the law in accordance with this regulation concerns the existence of other forces (parties) outside the provincial government, namely SPBE users from central agencies, State Civil Service employees, individuals, communities, business actors and other parties. The implementation of SPBE in Lampung Province is in line with 8 (eight) principles of good governance and in accordance with the Good Governance Theory, namely the implementation of SPBE meets legal certainty based on regulations at both the central and regional levels, the implementation of SPBE fulfills the principle of benefit for its users, impartiality in the implementation of the Lampung Governor's Regulation on SPBE, the SPBE application providing careful services to its users, regional officials not abusing their authority in the SPBE application, openness/transparency in the implementation of SPBE, containing the public interest, and good service to the community. The implementation of SPBE in Lampung Province is still faced with obstacles, namely the management domain which is still in the deficient category, there is still a lack of public understanding about SPBE and the uneven distribution of SPBE to all State Civil Apparatus (ASN) in Regional Apparatus Organizations (OPD) within the Lampung Provincial Government.
Peningkatan Pemahaman Masyarakat Pondok Pesantren Al Kirom Hajimena terhadap Undang-Undang Nomor 18 Tahun 2019 tentang Pesantren Fakih, M.; Natamiharja, Rudi; Setiawan, Ikhsan; Panjaitan, Oksha Dwi Anugrah
Jurnal Nusantara Mengabdi Vol. 3 No. 3 (2024): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jnm.v3i3.3315

Abstract

Purpose: This research aims to enhance the understanding of the Al Kirom Hajimena Islamic Boarding School community regarding the recently enacted Pesantren Law. Methodology: To achieve the objectives of this research, a multi-phase approach will be utilized, encompassing preliminary surveys, focus group discussions (FGDs), educational workshops, and post-intervention evaluations. Results: Following the implementation of Focus Group Discussions (FGDs) and educational workshops, a notable improvement in legal understanding among participants was observed. The active participation in FGDs helped identify critical knowledge gaps, while the workshops provided in-depth explanations that addressed existing concerns and confusion. Limitations: This research is within the scope of national law. Contribution: Al Kirom Hajimena Islamic Boarding School.
Arbitrase Internasional: Evaluasi Efektivitasnya sebagai Mekanisme Penyelesaian Sengketa Alternatif Natamiharja, Rudi; Panjaitan, Oksha Dwi Anugrah; Setiawan, Ikhsan
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 2 (2025): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i2.3297

Abstract

Purpose: This paper aims to determine the extent to which international arbitration is of interest to the parties and how international arbitration can become an adequate alternative settlement. Methodology: This paper is included in the normative research type. The author uses an Analytical Approach. The data collection method in this paper is a literature study. After collecting all the necessary data, the next step is identifying and classifying the data. This research uses a qualitative analysis method. The qualitative analysis method analyzes secondary data that has been obtained to develop hypotheses to answer the problems in this paper coherently and logically. Results: International Arbitration interests the parties due to the advantages of arbitration, one of which is its unlimited relative competence; whether international arbitration is compelling depends on the interests of the parties in the dispute and whether they are fulfilled. Limitations: This research is within the scope of international law. Contribution: This study contributes to understanding the strengths and weaknesses of international arbitration as an alternative dispute resolution mechanism and provides practical recommendations for strengthening domestic and international legal frameworks to enhance its effectiveness
Balancing Two Conflicting Perspectives on Wiretapping Act: Rights to Privacy and Law Enforcement Natamiharja, Rudi; Sabatira, Febryani; Banjarani, Desia Rakhma; Davey, Orima Melati; Setiawan, Ikhsan
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (525.311 KB) | DOI: 10.30631/alrisalah.v22i1.1226

Abstract

The right to privacy is part of fundamental human rights in technological advances. It is outlined under Article 12 of the 1948 Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. Substantially, the right to privacy prohibits personal data dissemination, including wiretapping, which is considered a violation of human rights. However, applicable laws permit wiretapping when it aims to discover criminal evidence in court. Indonesia authorizes this act under Corruption Eradication Commission Law, Telecommunications Law, Corruption Crime Act, Terrorism Eradication Law, and Psychotropic Law. Unfortunately, these laws have failed to provide a standard mechanism and procedures for conducting the wiretapping act. The substantial insufficiency has made Indonesia a low-ranked country’s privacy rights protection index. This implies the government has failed in balancing the interest of privacy as individual rights and the state's interest in law enforcement. Therefore, this study aimed to examine human rights on privacy, the wiretapping act in law enforcement, and the effort to balance these two rights. It used a normative juridical approach with secondary data. The results showed that Indonesian law has shortcomings that may violate constitutional rights. Therefore, there is a need for a law that comprehensively regulates the mechanisms and detailed procedures for wiretapping.
Empowering Doctors: Mastering the Legal Dimensions of Medical Consultation for Better Practice Fakih, M.; Natamiharja, Rudi; Setiawan, Ikhsan
Probono and Community Service Journal Vol 3, No 1 (2024): Issue May 2024
Publisher : Faculty of Law, Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/pcsj.v3i1.29850

Abstract

This service addresses the growing need for medical professionals to understand the legal dimensions of healthcare. With the increasing complexity of legal challenges in medical practice, this initiative offers socialization and training to enhance doctors' awareness of crucial legal concepts, such as patient rights, medical obligations, and data protection. By utilizing a participatory, interactive approach, the training incorporates real-world cases to bridge theoretical knowledge with practical application. The results demonstrate a significant increase in medical staff confidence, equipping them to navigate legal requirements and safeguard patient rights in an increasingly regulated healthcare environment. This research contributes to addressing the urgent need for legal literacy among medical professionals to ensure both ethical and compliant practice