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All Journal Lentera Hukum Spektrum Hukum Jurnal Jendela Hukum Veritas et Justitia Mimbar Keadilan QALAMUNA: Jurnal Pendidikan, Sosial, dan Agama Syntax Literate: Jurnal Ilmiah Indonesia Jurnal SOLMA Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Jurnal Hukum Magnum Opus Jurnal ULTIMA Accounting Unes Law Review Jurnal Hukum Prasada JURNAL HUKUM dan KENOTARIATAN Jurnal Suara Hukum Jurnal Analisis Hukum Indonesian Journal of Law and Society Jurnal Penegakan Hukum Indonesia (JPHI) Journal of Feminism and Gender Studies Interdisciplinary Journal on Law, Social Sciences and Humanities Legal Protection for the Partnership Agreement Parties Jurnal Yustitia Jurnal Indonesia Sosial Teknologi Deposisi: Jurnal Publikasi Ilmu Hukum RechtIdee Journal of International Islamic Law, Human Right and Public Policy Acten Journal Law Review Journal of Feminism and Gender Studies (JFGS) Jurnal Penegakan Hukum Indonesia (JPHI) Rechtenstudent Journal Jurnal Kajian Pembaruan Hukum INLAW
Fanny Tanuwijaya
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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PRINSIP KEPASTIAN HUKUM PEMBERHENTIAN NOTARIS AKIBAT DINYATAKAN PAILIT Amira Inaz Clarissa Pambudi; Fanny Tanuwijaya; Fendi Setyawan
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 1 (2022): Juni 2022
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i1.3187

Abstract

Notaries basically work to get fair and proper compensation and treatment in an employment relationship, so a notary should be able to re-apply as a notary after completing the bankruptcy process. Because the notary who has been declared bankrupt and has been dismissed by the minister has paid compensation to the creditor, so that the creditor has received his rights. The UUJN provides provisions if a notary who has been declared bankrupt will be dishonorably dismissed from his position as regulated in Article 12 letter a of the UUJN. The type of research used is normative juridical, with a statutory approach and a conceptual approach as well as a historical approach. The regulation of the bankruptcy notary in Article 9 and Article 12 of UUJN is vague, ambiguous and inconsistent. A Notary as a General Officer is given the authority to make an authentic deed. Future arrangements regarding the reappointment of notaries who have completed the bankruptcy process, that there needs to be complete and specific regulations, because there is a void in norms regarding the reappointment of notaries who have completed the bankruptcy process.
Dampak Overcrowded Lembaga Pemasyarakatan Terhadap Upaya Pemenuhan Hak Kesehatan Warga Binaan Pemasyarakatan Di Masa Pandemi Covid-19 (Studi Kasus Lembaga Pemasyarakatan Kelas I Malang) Alfalah Naufal Yufianda; I Gede Widhiana Suarda; Dina Tsalist Wildana; Fanny Tanuwijaya; Sapti Prihatmini
Jurnal Penegakan Hukum Indonesia Vol. 4 No. 1 (2023): Edisi Februari 2023
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v4i1.102

Abstract

Pandemi Covid-19 yang melanda dunia terkhusus di Indonesia, menyebabkan Lapas menjadi salah satu tempat yang beresiko tinggi penyebaran Covid-19. Kondisi terebut diperparah dengan tingkat hunian Lapas yang melebihi kapasitas (overcrowded) menyebabkan diharuskan adanya penyesuaian kebijakan untuk menangani keadaan tersebut. Mengingat kondisi tersebut, maka berdampak pada pemenuhan hak-hak warga binaan pemasyarakatan didalamnya terutama hak mendapatkan akses kesehatan dan makanan yang layak. Hak untuk mendapatkan pelayanan kesehatan merupakan suatu hak asasi manusia dan harus diwujudkan sebagaimana diatur dalam Pancasila dan Undang-Undang Negara Republik Indonesia Tahun 1945. Dengan mendapatkan pelayanan kesehatan yang baik dapat meningkatkan kualitas kesehatan yang lebih tinggi dari sebelumnya. elayanan kesehatan akan terganggu apabila jumlah tahanan dan narapidana tidak terkendali sehingga menciptakan situasi kelebihan kapasitas (overcrowded) sehingga menciptakan situasi yang dapat mengancam kesehatan narapidana. Dalam waktu yang bersamaan di tengah situasi overcrowded yang terjadi di Lapas di Indonesia, negara menghadapi situasi bencana non alam yang melanda dunia, yaitu pandemi Corona Virus Disiase (Covid-19) yang telah menyebar masif di Indonesia.
Legal Transformation: Realizing Nomocracy and Transparency in the Field of Land Distribution in Indonesia Isnin Harianti; Bayu Dwi Anggono; Fanny tanuwijaya
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 5 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i5.1086

Abstract

In Indonesia, the issue of land distribution is an important issue related to social justice and the legal system. The large number of agrarian conflicts and inequality of access to land shows the need for legal transformation to achieve the ideals of the rule of law (nomocracy) and transparency in land distribution. The purpose of this study is to analyze the legal transformation needed to realize the ideal of the rule of law (nomocracy) and transparency in the field of land distribution, focusing on efforts to ensure fairness in the land distribution system in Indonesia. This research uses Empirical methods. The research data was collected from literature published in reputable scientific journals. Literature is collected through searches in electronic literature databases, such as Google Schoolar and Scopus. The data that has been collected is then analyzed in three stages, namely data reduction, data presentation and conclusions. The results show that the transformation of law in Indonesia towards nomocracy and transparency in land distribution aims to strengthen legal foundations, ensure justice, and reduce inequality of land access. The principle of nomocracy places law as the primary guide in decision-making, while transparency reduces the potential for corruption and land-related conflicts. Land law reform and land redistribution policies are crucial steps in achieving this goal. More open access to public information in the area of land distribution allows for greater public participation in decision-making processes. By strengthening transparency and the application of nomocracy principles, Indonesia can strengthen the foundation of its rule of law and ensure sustainability in land resource management.
Legal Framework and Criminal Sanctions for Bitcoin-Based Narcotics Transactions Maria Dona Kristina Wati; Ainul Azizah; Fanny Tanuwijaya
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i2.347

Abstract

The rapid development of digital technology has transformed the global financial landscape with the emergence of virtual currencies such as Bitcoin. As a decentralized digital asset based on blockchain technology, Bitcoin enables fast, anonymous, and cross-border transactions without central authority intervention. While these features offer convenience, they also pose risks of abuse in illegal activities, including narcotics transactions. In Indonesia, the use of Bitcoin in drug-related offenses presents complex legal challenges due to the absence of explicit criminal regulations governing such usage. This study examines the criminal liability of narcotics offenders who utilize Bitcoin, focusing on three core issues: the juridical basis for punishment, the characteristics of punishment under Indonesia’s legal system, and an ideal penal concept for the future. The research employs a normative juridical method with statutory, conceptual, and case study approaches. Findings indicate that punishment remains based on Law No. 35 of 2009 on Narcotics, with Bitcoin regarded as a means rather than a core element of the crime. Although it does not constitute a new offense, its use may aggravate punishment through individualized sentencing. Sanctions involving digital assets remain suboptimal due to regulatory gaps. Therefore, this study recommends revising criminal laws to explicitly regulate Bitcoin use in drug crimes, developing sentencing guidelines that consider technological factors, and formulating responsive penal policies, including asset seizure and inter-agency collaboration through blockchain forensic technology.
Reformulating National Criminal Law for Protecting Child Victims of Cyberbullying Crimes Iwan Fahmi; Fanny Tanuwijaya
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i2.363

Abstract

The advancement of digital technology has led to the emergence of new types of crime, including cyberbullying, which often targets children as the most vulnerable victims. Indonesia currently lacks specific legal provisions that regulate cyberbullying as a criminal offense against children. This research aims to examine the effectiveness of existing legal protections and the urgency of reformulating a more specific criminal framework. Using a normative legal approach and comparative study with the Philippines and California (USA), the findings indicate the need for comprehensive legal reform in Indonesia to ensure better protection for children against digital violence. The study highlights how the absence of a clear definition and categorization of cyberbullying in Indonesian legislation creates legal uncertainty and hinders law enforcement. Meanwhile, experiences from the Philippines and California show that explicit regulations provide stronger preventive and punitive measures. Therefore, reformulating a progressive legal framework that integrates criminal, civil, and administrative approaches is urgently needed to address the complexity of cyberbullying and safeguard children’s rights in the digital era.
Protection of Human Rights by Law Enforcement Officers Against the Actions of Armed Criminal Groups (KKB) in Papua I Nyoman Sucitrawan; Bayu Dwi Anggono; Fanny Tanuwijaya
Jurnal Hukum Prasada Vol. 11 No. 2 (2024): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.11.2.2024.92-98

Abstract

A terrorist group called the Papuan Armed Criminal Group (KKB) located in Papua Province. KKB was formerly known as the Free Papua Organization (OPM) which was founded in 1965 with the aim of breaking away from Indonesia (committing separatist acts) and making various efforts to conduct a referendum in order to become independent from the Unitary State of the Republic of Indonesia. This Normative Legal Research Method is an internal research in the discipline of law that uses sources of legal material in the form of laws and regulations, court decisions / decrees, contract agreements, contracts, legal theories and opinions of scholars. The 1945 Constitution and humanitarian law also accommodate the protection of civilians in conflict areas. This basic principle upholds the basic principle of respect for individuals, as well as the protection of human rights victims. The Special Autonomy Law is considered a strategic policy in order to improve services, accelerate, develop, and empower all people in the Papua region. One of the obligations that must be fulfilled by the State is the protection of every citizen. Indonesia as a country that upholds human rights should protect all its citizens, not only fulfilling obligations, the state has also fulfilled the human rights of its citizens. The government has adopted several policies, one of which is Law Number 21 of 2001 concerning Special Autonomy for Papua, also known as Otsus Papua.
Legal Certainty in the Decisions of the Honorary Council of the Constitutional Court: A Case Study of Chairman Anwar Usman's Ruling Totok Yanuarto; Pika Sari; Bayu Dwi Anggono; Fanny Tanuwijaya
Mimbar Keadilan Vol. 17 No. 2 (2024): Agustus 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.11012

Abstract

The existence of the Constitutional Court in the life of the nation and state is in order to guarantee and prove the existence of positive law, especially laws, so that these laws remain in accordance with the constitution so that later the constitutional rights of citizens can be maintained. The purpose of this research is as evaluation material and learning material for law enforcers, students and other parties. This type of research is included in the juridical-normative category, namely research carried out by examining theories, concepts, legal principles and regulations that are appropriate and related to the object of research. The Constitutional Court decision that has been issued against Anwar Usman cannot be challenged in the State Administrative Court because the Constitutional Court's decision is not a state administrative decision so it does not fall within the scope of what can be litigated in the state administrative court. Another reason that could be the basis for approval or inaccuracy of the State Administrative Court's lawsuit in relation to the Constitutional Court's decision is related to the ad hoc nature inherent in the Constitutional Court. Compliance with ethical standards in the decision-making process in law enforcement agencies is a crucial element in maintaining the trust and reputation of state administration in the eyes of the public. The presence of ethical standards in the Constitutional Court is considered the basis for upholding constitutional principles which are moral and behavioral guidelines for all members of the judiciary.
Legal Framework and Criminal Sanctions for Bitcoin-Based Narcotics Transactions Maria Dona Kristina Wati; Ainul Azizah; Fanny Tanuwijaya
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i2.347

Abstract

The rapid development of digital technology has transformed the global financial landscape with the emergence of virtual currencies such as Bitcoin. As a decentralized digital asset based on blockchain technology, Bitcoin enables fast, anonymous, and cross-border transactions without central authority intervention. While these features offer convenience, they also pose risks of abuse in illegal activities, including narcotics transactions. In Indonesia, the use of Bitcoin in drug-related offenses presents complex legal challenges due to the absence of explicit criminal regulations governing such usage. This study examines the criminal liability of narcotics offenders who utilize Bitcoin, focusing on three core issues: the juridical basis for punishment, the characteristics of punishment under Indonesia’s legal system, and an ideal penal concept for the future. The research employs a normative juridical method with statutory, conceptual, and case study approaches. Findings indicate that punishment remains based on Law No. 35 of 2009 on Narcotics, with Bitcoin regarded as a means rather than a core element of the crime. Although it does not constitute a new offense, its use may aggravate punishment through individualized sentencing. Sanctions involving digital assets remain suboptimal due to regulatory gaps. Therefore, this study recommends revising criminal laws to explicitly regulate Bitcoin use in drug crimes, developing sentencing guidelines that consider technological factors, and formulating responsive penal policies, including asset seizure and inter-agency collaboration through blockchain forensic technology.
Reformulating National Criminal Law for Protecting Child Victims of Cyberbullying Crimes Iwan Fahmi; Fanny Tanuwijaya
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i2.363

Abstract

The advancement of digital technology has led to the emergence of new types of crime, including cyberbullying, which often targets children as the most vulnerable victims. Indonesia currently lacks specific legal provisions that regulate cyberbullying as a criminal offense against children. This research aims to examine the effectiveness of existing legal protections and the urgency of reformulating a more specific criminal framework. Using a normative legal approach and comparative study with the Philippines and California (USA), the findings indicate the need for comprehensive legal reform in Indonesia to ensure better protection for children against digital violence. The study highlights how the absence of a clear definition and categorization of cyberbullying in Indonesian legislation creates legal uncertainty and hinders law enforcement. Meanwhile, experiences from the Philippines and California show that explicit regulations provide stronger preventive and punitive measures. Therefore, reformulating a progressive legal framework that integrates criminal, civil, and administrative approaches is urgently needed to address the complexity of cyberbullying and safeguard children’s rights in the digital era.
Legal Analysis of the Public Prosecutor's Indictment in the Criminal Act of Physical Domestic Violence Against a Stepchild Victim (A Study of the Verdict Number 301/Pid.Sus/2019/PN Tte) Bob Gundred; Fanny Tanuwijaya; Sapti Prihatmini
Journal of Feminism and Gender Studies Vol. 5 No. 1 (2025): Journal of Feminism and Gender Studies
Publisher : Pusat Studi Gender Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jfgs.v5i1.45574

Abstract

The aim of this thesis research is to analyze the application of suitability between the indictment and subsidiary form made by the Public Prosecutor with the articles in which they are accused, and to analyze the suitability of the description evidence of information witnesses with documentary evidence in the form of Visum et Repertum according to Article 184 Paragraph (1) of the Criminal Procedure Code. The study of the problem formulation and the conclusions are stated based on the author's arguments which were formulated using a deductive method, namely a method that relies on basic principles leading to special principles. The indictment in the form of a subsidiary in Verdict Number 301/Pid.Sus/2019/PN Tte is in accordance with the articles charged, however the indictment in the form of a subsidiary as a prosecution strategy is not in accordance with the procedure for making an indictment which should be in the form of alternative, because the use of each the law is exclusionary at other levels. The evidentiary system according to Article 184 of the Criminal Procedure Code, Visum et Repertum and witness statements remain valid evidence as long as there is no other evidence that disputes their truth. Although there is a discrepancy between the witnesses’ statements and the Visum et Repertum, due to the possibility of quite a large time difference between the criminal incident and the Visum examination, this could result in an examination for bleeding in the ear not being carried out because the wound had dried up.
Co-Authors AA Sudharmawan, AA Aan Efendi Adi Partha, Putu Gde Nuraharja Ainul Azizah Alfalah Naufal Yufianda Alfianti, Diana Amira Inaz Clarissa Pambudi Amirullah, Arif Anas, Fitria Anas, Jauhari Zakky Anggoro, Setyo Bimo Antinia Saputri Arnold Sotarduga Silangit A’an Efendi Bayu Dwi Anggono Bob Gundred Dina Putri Hanifah Dina Tsalist Wildana, Dina Tsalist Dwi Novantoro Efendi, Aan Eka Sumahendra, I Gede Fathur Rozzi Fendi Setyawan Fiska Maulidian Nugroho Fitria Anas Furqoni, Laili Gautama Budi Arundhati, Gautama Budi Ghana Nabila Ersa Godeliva Ayudyana Suyudi Gundred, Bob Halif, Halif Halif, Halif Hari Utomo I Gede Widhiana Suarda I Nyoman Sucitrawan Irham Bashori Hasba Isnin Harianti Iwan Fahmi Jauhari Zakky Anas Jimmy Z. Usfunan Khanif, Al Kurnia, Ratnawati Kusuma, Viena Nungky Laely Wulandari Laili Furqoni Laksana, Trio Angga Manab, Abd. Maria Dona Kristina Wati Marzuki, Ismail Misbahul Ilham Mohammad Arief Amrullah Mujiono Mujiono Nilna Aliyan Hamida Nurjanah, Ovinia Partha, Putu Gde Nuraharja Adi Pika Sari Prihatmini, Sapti Prihatmini, Sapti Puspita, Putu Lia Qomariyah, Selly Ismi Riskiyastika, Devita RR. Ella Evrita Hestiandari Samosir, Samuel SM Samuel Saut Martua Samosir Saniyyah, Sofia Izzatus Santi Dewi Antika Sapri Prihatmini Sari, Pika Sucitrawan, I Nyoman Suyudi, Godeliva Ayudyana Totok Yanuarto Wijaya, Glenn Wijaya, Yudi Yasmin Wildani, Dina Tsalist Y. A. Triana Ohoiwutun, Y. A. Triana Yanuarto, Totok Yudi Yasmin Wijaya