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All Journal Jurnal Legalitas Jurnal Inovasi DE JURE Al-Mizan (e-Journal) Unifikasi: Jurnal Ilmu Hukum Jurnal Ilmiah Hukum LEGALITY DE LEGA LATA: Jurnal Ilmu Hukum Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Jurnal Ilmiah Al-Syir'ah Jurnal Ilmu Hukum The Juris Jambura Law Review Al Ahkam PALAR (Pakuan Law review) Ilmu Hukum Prima Jurnal Ilmiah Publika Jurnal Sosial dan Teknologi RIO LAW JURNAL Collegium Studiosum Journal Arus Jurnal Sosial dan Humaniora Jurnal Konstitusi Journal Evidence Of Law NUSANTARA: Jurnal Pengabdian Kepada Masyarakat Journal of Comprehensive Science Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Damhil Law Journal Estudiante Law Journal Jurnal Ilmu Sosial, Humaniora dan Seni JPNM : Jurnal Pustaka Nusantara Multidisiplin Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Pandawa : Pusat Publikasi Hasil Pengabdian Masyarakat Hakim: Jurnal Ilmu Hukum dan Sosial INTERNATIONAL JOURNAL OF ECONOMIC LITERATURE Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Riset Ilmiah Jurnal Pengabdian Masyarakat Politika Progresif : Jurnal Hukum, Politik dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Journal of Law and Legal Reform Adagium: Jurnal Ilmiah Hukum Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum International Journal of Law, Crime and Justice Jurnal Ilmiah Multidisiplin Keilmuan Mandira Cendikia (JIMK-MC) Dinamika Sosial: Jurnal Pengabdian Masyarakat Dan Transformasi Kesejahteraan
Dian Ekawaty Ismail
Universitas Negeri Gorontalo
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Pemalsuan Uang di Kota dalam Tinjauan Kriminologi FIkri Ferdiansyah A. Pakaya; Dian Ekawaty Ismail
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 3 (2024): September : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i3.417

Abstract

Based on the results of the study, the transaction mode is the most often used mode in the act of circulating and counterfeiting money and economic factors are the main factors for a person to commit the crime of counterfeiting money, as well as efforts made by the police in preventing and exposing the crime of counterfeiting. The transaction mode is the mode most often used by rupiah counterfeiters because this mode is easy to circulate counterfeit money. Economic factors are the most important factor for perpetrators to commit the crime of counterfeiting rupiah. Because the economy is squeezed, someone commits a crime to meet their economic needs. The efforts made by the Gorontalo City Police to prevent the occurrence of rupiah counterfeiting crimes are pursued with three efforts, namely preventive efforts, premative efforts, and repressive efforts. The crime of counterfeiting rupiah is a criminal act in which it contains a system of untruthfulness or falsehood of something (object) that appears from the outside as if it is true, when in fact it is contrary to the real thing that is called the crime of counterfeiting, including currency counterfeiting. The legal basis of money and currency is Law Number. 7 of 2011 concerning Currency, which was promulgated in the Statute Book of the Republic of Indonesia Year 2011 Number. 64 and Supplement to the Statute Book of the Republic of Indonesia No. 5223 This research was conducted to find out the factors and modes of the perpetrators of a criminal act of counterfeiting money in Gorontalo City and to find out the efforts made by the relevant legal parties in an effort to prevent the occurrence of the crime of counterfeiting rupiah money in Gorontalo City.
PROBLEMATIKA HUKUM ASAS LEX SPECIALIS Molou, Syafril Moh Nur S.; Ismail, Dian Ekawaty; Imran, Suwitno Yutye
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1091

Abstract

This article aims to determine the problems of implementing article 44 paragraph (3) of the law on the elimination of domestic violence in criminal acts of domestic violence which result in the victim's death. This research uses normative legal research methods. If you look at the severity of criminal cases, what often happens are cases of domestic violence in which the victim dies. The crime of domestic violence actually has a special law that regulates criminal acts within the household locus, namely Law number 23 of 2004 concerning the elimination of domestic violence. However, sometimes there are still similar cases which are decided by applying Article 338 of the Criminal Code (KUHP).
MENATA KEMBALI PRINSIP RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA INDONESIA: SEBUAH GAGASAN MENCAPAI IDEALITAS Arsyad, Yusna; M. Wantu, Fence; Ismail, Dian Ekawaty
Ilmu Hukum Prima (IHP) Vol. 6 No. 2 (2023): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v6i2.4438

Abstract

The purpose of this research is twofold: first, to provide a conceptualization of restorative justice principles in Indonesia's criminal justice system; and second, to examine the problematic application of these concepts in that system. Normative legal research, specifically the statutory technique and the conceptual approach, are utilized in this study piece. On top of that, the processed legal materials were analyzed using a qualitative analytical method that relies on interpretation. According to this study's findings, the judicial subsystem in Indonesia, which includes the police, the prosecutor's office, and the Supreme Court, has started to implement the notion of restorative justice. Due to the lack of a legislation governing the implementation of restorative justice in Indonesia, institutional or partial rules and guidelines continue to be used when discussing its application. This brings up the issue of sub-system authority imbalance in the criminal justice system, as well as the lack of consistent guidelines for each sub-system to apply restorative justice. As a result, the various proportional institutions within each sub-system face legal uncertainty. Thus, in order to establish legal clarity on the implementation of restorative justice, Indonesia has to enact legislation that specifically addresses this concept, known as RKUHAP.
Asas Pemaafan Hakim dalam Pembaharuan Hukum Pidana di Indonesia Muh. Iksan Putra Kai; Dian Ekawaty Ismail; Suwitno Yutye Imran
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i1.1936

Abstract

This research aims to find out what the judge's forgiveness policy (rechterlijk pardon) is in the New Criminal Code, to find out how the rechterlijk pardon formulation in the Dutch Criminal Code compares and to find out what the challenges of rechterlijk pardon (judge's forgiveness) will be in the future. The research method used is juridical-normative with a statutory approach and a case approach. The research results show that Rechterlijk Pardon puts a different concept in giving space to judges in handing down guilty decisions without criminal penalties. Before being ratified, the principle of judge forgiveness was already used in several countries, for example the Netherlands. Even judges in Indonesia have made several decisions that contain the value of the judge's forgiveness. In connection with the analysis of Rechterlijk Pardon's challenges, it is viewed from the perspective of law enforcement and legal culture in society.
Convergence of Constitutional Interpretation to the Test of Laws Through a Constitutional Dialogue Approach: Konvergensi Penafsiran Konstitusional Terhadap Pengujian Undang-Undang Melalui Pendekatan Constitutional Dialogue Ahmad, Ahmad; Wantu, Fence M.; Ismail, Dian Ekawaty
Jurnal Konstitusi Vol. 20 No. 3 (2023)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2038

Abstract

The Constitutional Court's presence yields positive impacts on constitutional law, yet isn't devoid of controversies, including Judge misconduct, transgression of 'nemo judex idoneus in propria causa' principle, and potential super body transformation. This paper aims to comprehend and analyze constitutional interpretation dominance in assessing laws against the 1945 Constitution through a constitutional dialogue approach. This normative writing employs legal, historical, and conceptual methods. Findings underscore: 1) Demonstrating respect for state institutions, notably the People's Consultative Assembly of Indonesia. 2) Establishing a more democratic system to test the 1945 Constitution's compatibility in the Constitutional Court. 3) Breaking the monopoly of Constitutional Court-centric constitutional interpretation. 4) Reviving 'nemo judex idoneus in propria causa' principle is pivotal due to extensive testing of Constitutional Court Law, addressing concerns about verdict impartiality.
Collocation of restorative justice with human rights in Indonesia Ismail, Dian Ekawaty; Arsyad, Yusna; Ahmad, Ahmad; Nggilu, Novendri M.; Yassine Chami
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.35374

Abstract

Applying restorative justice in Indonesia is beset by obstacles like a lack of knowledge, inadequate infrastructure, and opposition from law enforcement, especially when human rights considerations are incorporated into the process. For this reason, the relationship between these two elements is worth examining. This paper explores and analyses the integration or synthesis of restorative justice with human rights in Indonesia. This paper employs a normative approach with prescriptive analysis based on studies of legislation and cases that integrate the principles of restorative justice with human rights. The findings indicate that collocation helps understand how grammatical structures can reflect and influence the interpretation of restorative justice in human rights, particularly in legal texts and policy reports. In Indonesia, restorative justice can be used in conjunction with the enforcement of human rights laws, particularly when addressing grave human rights breaches, since it emphasizes balanced reconciliation, recovery, and reintegration between offenders, victims, and society. In conclusion, although it has several implementation and legal issues, restorative justice can be an alternate strategy for resolving grave human rights breaches. The recommendations are for a stronger and more comprehensive legal framework to support the implementation of restorative justice in Indonesia's human rights context.
Pendampingan Masyarakat Desa dalam Membangun Kesadaran Mendaftarkan Tanah Hak Milik (Penyuluhan Hukum di Desa Buntulia Utara Kec. Buntulia Kab. Pohuwato) Nirwan Junus; Karlin Z. Mamu; Dian Ekawaty Ismail; Fence M Wantu; Mohamad Rusdiyanto U Puluhulawa; Dolot Alhasni Bakung; Julius T. Mandjo; Nuvazria Achir; Zamroni Abdusamad; Suwitno Yutye Imran
NUSANTARA Jurnal Pengabdian Kepada Masyarakat Vol. 2 No. 1 (2022): Februari: Jurnal Pengabdian Kepada Masyarakat
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/nusantara.v2i1.1420

Abstract

The problem of land ownership in Buntulia Village is influenced by the lack of knowledge and awareness of the community about land ownership rights because of the total population of 549 families, 463 people have not registered their own land. This of course raises a fairly basic problem by the village government to be resolved. Therefore, in this downstreaming, the service team provides understanding and legal knowledge to the community about the importance of registering property rights and providing assistance to the community together with the Land Agency through the Border Marks Post Community Movement (GEMA PATAS) in order to increase community participation in installing boundary markings, making it easier for BPN officers to take measurements, as well as being able to accelerate the government program on Complete Systematic Land Registration. Thus the community could see the importance of legalizing property rights to the land in order to avoid disputes and thereby give legal certainty to the parties.
TANGGUNG JAWAB ANAK TERHADAP ORANG TUA LANJUT USIA (LANSIA) DI DESA KAARUYAN KECAMATAN MANANGGU KABUPATEN BOALEMO Dolot Alhasni Bakung; Fence M Wantu; Weny A Dungga; Dian Ekawaty Ismail; Zamroni Abdussamad; Suwitno Y Imran; Mohamad Hidayat Muhtar; Julius T Mandjo
NUSANTARA Jurnal Pengabdian Kepada Masyarakat Vol. 2 No. 3 (2022): Agustus: Jurnal Pengabdian Kepada Masyarakat
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/nusantara.v2i3.1442

Abstract

Along with the time that continues to turn where previously children who were still toddlers were taken care of by their parents until they moved to the village and got a job and were busy to have a partner and offspring and their own lives, on the other hand the parents who used to raise them have now entered old age which should be the child's obligation to take care of parents at that time. The dilemma that occurs between the obligation to care for wives and children and work with caring for parents when they enter old age or old age. Responding to the phenomenon that occurs related to the child's obligation to choose parents when entering old age. So the service team from the Faculty of Law, Goronalo State University conducted counseling in a number of villages which basically had a number of problems related to this, including Kaaruyaan Village, Paguyaman District, Boalemo Regency, Gorontalo Province. The problems raised in this service include the background of children taking care of their own elderly parents at home and children who entrust elderly parents in nursing homes. Legal review of the responsibilities of children who entrust their parents in nursing homes. This research method uses qualitative methods and discussions in counseling, where the research was carried out in the Kaaruyaan Village area. The subjects of counseling are children who care for and children who entrust elderly parents (Elderly) in Nursing Homes. Observation, interviews and documentation. Extension results. The background of children choosing to entrust elderly parents in the orphanage is triggered by a number of things including work, obstacles in communication between family and parents, incompatibility between the wife / husband and parents in the house. While the background of children chooses to take care of their own parents at home, facilitate communication with parents, control physical health, guarantee the needs and needs of parents daily to apply forms of love and affection to parents.
The Urgency Of Legal Protection Of Personal Data Samin, Herol Hansen; Ismail, Dian Ekawaty; Rahim, Erman I
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.19768

Abstract

In a highly dynamic digital era, legal protection of personal data has become very important to ensure individual privacy and avoid security risks associated with the use of technology. In this context, legal protection of personal data on digital platforms becomes very urgent because personal data collected and processed by these digital platforms can be very sensitive and has the potential to invade individual privacy. In relation to telematics law, the legal protection of personal data on digital platforms must be reviewed from the perspective of telematics law which regulates the use of information and communication technology. Telematics laws place clear limits on the use of personal data and require digital platforms to adhere to high security and privacy standards. However, in practice, there are still many digital platforms that do not comply with telematics legal regulations related to personal data protection. They often collect and process personal data without explicit permission and do not provide users with clear information about how the data is used and stored. In this research, we will review the urgency of legal protection of personal data in digital platforms from the perspective of telematics law to analyze how telematics law regulates personal data protection and digital platforms must comply with these rules to ensure individual privacy. As well as the government's role in supervising and supervising digital platforms that do not comply with these regulations. Thus, this research is expected to contribute to a better understanding of the urgency of legal protection of personal data on digital platforms and how telematics law can be used to protect individual privacy in a very dynamic digital era
Hambatan Pelaksanaan Restorative Justice Pada Tindak Pidana Narkotika Di Kepolisian Resort Gorontalo Kota Mohammad Hakim Pratama Rahim; Dian Ekawaty Ismail; Apripari Apripari
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 2 (2024): April: Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i2.1691

Abstract

This research aims to determine the implementation of restorative justice in narcotics crimes at the Gorontalo City Resort Police, based on the title raised in this research. This research uses empirical legal research, because this research is based on the reciprocal relationship between law and other institutions. It is said to be empirical because it is based on real data or facts. This research aims to look for primary data or what can also be called field data on the implementation of restorative justice in drug crimes. The results of this research show that the implementation of restorative justice in drug crimes is not solely for all drug users, but there are several provisions in accordance with Perpol number 8 of 2001. The provisions so that restorative justice can be carried out include: the person is not involved in a drug network, drugs that are there is only personal use, not resale, not a resinipis, namely a second arrest, and the evidence does not exceed the amount and so on. So apart from these provisions, RJ cannot be carried out. In accordance with prosecutor's guidelines number 18 of 2021 concerning the resolution of handling criminal cases for victims of narcotics abuse, it is carried out through rehabilitation with a restorative justice approach. Apart from that, the obstacles in implementing restorative justice, according to information, are several factors, namely internally, namely obstacles in the BNN reporting or assessment process due to inappropriate time, namely exceeding the 3x24 hour time frame, and external factors, namely the lack of cooperation with the community, which causes delays in reporting. and when the arrest was made, the perpetrators did not admit that the items belonged to them, so 2 witnesses were needed in the form of the local RT head so that the process could continue.
Co-Authors Abdjul, Mohammad Fajar Abdul Hamid Tome Abdul Wahab Harun Abubakar Sidik Mohamad Ade Rizkia Arumdani Rusdi Agus Susanto Ahmad Ahmad Ahmad, Nadzriah Akuna, Sandrawati Ambarani Shelia, Putri Ananda Rayhan Dumako Andi Mirzan Doda Andika Wardhana Machmud Apripari, Apripari Arsyad, Yusna Asrina Nggai Athiyyah Durotul Hikmah La Anihu Avelia Rahma Y. Mantali Avelia Rahmah Y Mantali Avelia Rahmah Y Mantali Cecep Ibnu Ahmadi Diaz Riady Bukoting Dolot Alhasni Bakung Dunggio, Syafrudin A. Elpin Sulingo Eris Novianto Erman I. Rahim Evi Noviawati Faizal Nurkholis Fence M Wantu Fenty U. puluhulawa FIkri Ferdiansyah A. Pakaya Gitacitra Purnama Akbar Helmi Kaani Ibrahim, Erni R. Idham Mantali Ilham Saputra Machmud Imran, Suitno Yutye Irlan Puluhulawa Ismail Yusuf, Ismail Jhon Paris Pasaribu Jufriyanto Puluhulawa Jufryanto Puluhulawa Julius T Mandjo Julius T. Mandjo Karim, Abdul Rahman Khuzul Fiqri Taniyo Luftia Gunawan Lusiana M. Tijow Machmud, Andika Wardhana Maku, Dwi Citra Maharani Mamu, Karlin Z Mandjo, Julius T. Mantali, Avelia Rahmah Y. Mellisa Towadi Mohamad Adam Mohamad Danial Puluhulawa Mohamad Hidayat Muhtar Mohamad Qosim Thalib Mohamad Rivaldi Moha Mohamad Taufiq Zulfikar Sarson Mohammad Hakim Pratama Rahim Mohammad Rifky Yunus Molou, Syafril Moh Nur S. Muh. Iksan Putra Kai Muhamad Rusdiyanto Puluhuluwa Nirwan Junus Noerhadi Priyatna Novendri M Nggilu Novita Daud Nur Amalia Katili Nur Fajri Fauziah Pantu Nur Mohamad Kasim Nuvazria Achir Potabuga, Alvareza Rahmat Noholo Rauf A. Hatu Rian Tuta Samin, Herol Hansen Sarlin Hiola Siti Rahmawati Djula Sulingo, Elpin Supriyadi Supriyadi Supriyadi Supriyadi Suwitno Yutye Imran Swita Grenia Marsyanda Taufik Zulfikar Sarson Tegar Mawang Ditha Teli Lestari Gonibala Thalib, Arlin Artika K. Tista Nabila Ahmad Umar Alamri Usman Rasyid Vifi Swarianata Wahidullah Wahidullah, Wahidullah Waode Mustika Weny A Dungga Weny A Dungga Y., Avelia Rahmah Yahya Boudelo Yanti Aneta Yassine Chami Yayuk Rizki Hulukati Yowan Tamu Zamroni Abdusamad Zamroni Abdussamad