Article Per Year (5 Year)
p-Index From 2021 - 2026
1.945
P-Index
This Author published in this journals
All Journal Brawijaya Law Journal : Journal of Legal Studies Jurnal IUS (Kajian Hukum dan Keadilan) PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Jambura Law Review Padjadjaran Journal of International Law Journal of Law and Policy Transformation Riwayat: Educational Journal of History and Humanities Lex Scientia Law Review
Atip Latipulhayat
Faculty Of Law, Universitas Brawijaya
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 66 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 66 Documents
Search

 3   4   5   6   7 
Realignment of Flight Information Region Agreement Between Indonesia and Singapore 2022: Unraveling Sovereignty and Ratification Issues for Indonesia Muhammad, Naufal Faiz; Latipulhayat, Atip; Pratama, Garry Gumelar
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 1 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Flight Information Region (FIR) is an essential part of the aviation sector, providing air navigation and alerting services crucial for ensuring flight safety. States may delegate the management of FIR services to other nations for various reasons, primarily centered on aviation safety. However, such delegation requires careful consideration due to its potential impact on a state’s airspace sovereignty. This study focuses on the most recent FIR delegation involving the realignment of FIR over the Riau and Natuna Islands between Indonesia and Singapore in 2022. According to the signed agreement, Indonesia is obligated to delegate the management of specific areas of the Natuna FIR above its territory to Singapore. While this delegation poses potential challenges related to Indonesia's national security and economic interests, additional issues arise from the legal instrument chosen by the Indonesian government to ratify the agreement. The objective of this research is to analyze the sovereignty and ratification issues for Indonesia arising from the signing of the Indonesia-Singapore FIR Agreement 2022. The study utilizes normative legal analysis with a juridical approach. The findings indicate that the delegation of the Natuna FIR to Singapore has restricted Indonesia's right to exercise sovereignty over its airspace. Furthermore, the study concludes that Indonesia’s instrument of ratification for the Indonesia-Singapore FIR Agreement 2022 is inconsistent with Indonesian law and practice. This research contributes to understanding the legal implications of FIR management delegation, emphasizing the importance of aligning such agreements with domestic legal frameworks.DOI: https://doi.org/10.22304/pjih.v11n1.a1
In Search of Remotely Piloted Aircraft Regulations State Practices and International Law Perspective What Indonesia can Learn? Uweh, Atip Latipulhayat; Ruhaeni, Neni
Brawijaya Law Journal Vol. 5 No. 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2018.005.01.05

Abstract

Remotely Piloted Aircraft (RPA) has been used for different purposes, from hobby to military purposes. The rapid development of RPA’s technology has made RPA regulations in most countries become more quickly obsolete. It is exacerbated by the fact that there is no agreed internationally RPA regulation so far, except an amendment of Annex 2 of the Chicago Convention 1944, which broadens the notion of aircraft to include RPA. This article identifies legal issues and models of RPA regulation in several countries and what Indonesia can learn and to look for an adequate and appropriate model to make the Indonesian RPA regulation, legally acceptable and technologically adaptable. This paper argues that the Chicago Convention, the model of RPA regulations in several countries, and the special interests of Indonesia as an archipelagic state are the three important elements that should be taken into account in the establishment of an appropriate and adequate Indonesian RPA regulation. This paper used normative method whcih analysing existing legal framework in RPA
Electronic Criminal Justice in Indonesia: Challenges and the Future Measures Barlian, Aristo Evandy A.; Latipulhayat, Atip; Rusmiati, Elis; Wulandari, Widati; Sukma, Ahmad Novindri Aji
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27805

Abstract

Electronic trials represent a radical innovation within the judicial system, viewed as a means to simplify and facilitate access to justice for those seeking it. However, electronic criminal trials continue to present both legal and technical challenges. This writing aims to explore the development of electronic criminal trials in Indonesia and compare them with several other countries. It also outlines the issues and challenges involved, while proposing future measures to ensure electronic trials function as intended. The approach used in this paper is based on statutory and comparative methods. The findings indicate that radical innovations, particularly in electronic trials, highlight the need for sustainability, but also reveal legal and technical challenges. The legal aspect concerns the level of regulation within the Supreme Court Regulations, which ideally should be elevated to the level of the Criminal Procedure Code. There is also ambiguity regarding the criteria for implementing electronic criminal trials. Compared to the United States, where clear criteria are established, Indonesia lacks such clarity. On the technical aspect, challenges such as unequal access to the internet, network disparities, and limited human resources need to be addressed. For the future success of electronic criminal trials, it is necessary to establish clear regulations at the level of the Criminal Procedure Code; provide equal network access to ensure electronic trials can be conducted in all courts across Indonesia; improve the quality of electronic trial services, especially for vulnerable groups (such as the elderly and people with disabilities); and enhance data security systems to protect personal information, as demonstrated by Kyrgyzstan.
The Digital Transformation of Criminal Justice: A Comparative Examination of Indonesia’s E-Court System and Global Best Practices Barlian, Aristo Evandy A.; Latipulhayat, Atip; Rusmiati, Elis; Wulandari, Widati; Sukma, Ahmad Novindri Aji
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.14341

Abstract

In an era marked by the algorithmic mediation of human affairs, the pursuit of justice can no longer be disentangled from the architecture of digital systems that sustain it. The criminal justice system, long rooted in analog procedures and institutional inertia, faces an existential imperative: adapt or risk obsolescence. Within this context, digital transformation is not merely an administrative upgrade—it is a normative challenge to the principles of due process, transparency, and equality before the law. Indonesia’s hesitant transition toward e-criminal justice reveals a complex interplay of structural, legal, and epistemic limitations. This study aims to analyze the development of e-criminal justice in Indonesia by conducting a comparative assessment of successful digital judicial systems in the United States, the United Kingdom, and Singapore. Employing a normative legal research approach with a comparative legal method, this study examines primary and secondary legal sources to identify regulatory gaps, procedural challenges, and strategic solutions. The findings reveal that Indonesia’s legal framework remains insufficient in addressing key procedural safeguards, digital evidence authentication, and cybersecurity risks. Additionally, disparities in digital access, resistance from legal practitioners, and inadequate technological infrastructure hinder the effective implementation of e-criminal justice. Comparative analysis suggests that successful digital transformation requires a robust regulatory foundation, secure and interoperable digital platforms, structured judicial training programs, and policies ensuring digital inclusivity. To optimize its e-criminal justice framework, Indonesia must adopt a context-sensitive and adaptive strategy, balancing technological advancements with fundamental principles of procedural fairness and judicial integrity. Future research should explore the long-term impact of digitalization on judicial decision-making, the role of AI in legal processes, and the effectiveness of cybersecurity mechanisms in safeguarding judicial independence. This study contributes to the broader discourse on the intersection between technology and justice, providing recommendations for a sustainable and equitable digital transformation of Indonesia’s criminal justice system.
Post-Divorce Division Of Marital Assets From The Perspective Of The Maslahah Mursalah Theory Yani, Encep Ahmad; Latipulhayat, Atip; Hernawan, Dedy
Riwayat: Educational Journal of History and Humanities Vol 8, No 3 (2025): July, Social Studies, Educational Research and Humanities Research.
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v8i3.47945

Abstract

Joint property from an Indonesian Islamic jurisprudence perspective is equated with the concept of syirkah., as regulated in Article 1 letter f of the Compilation of Islamic Law (KHI) which states that "Property in marriage or syirkah". Further regulations are contained in Article 97 of the KHI which states that "Widows or widowers who are divorced are each entitled to half of the joint property, as long as it is not stipulated otherwise in the marriage agreement." However, in practice, this provision has experienced deviations in various Religious Court decisions. The composition of the division varies, such as 1/3 to 2/3, to , even up to 1/5 to 4/5. This raises a number of problems, including: how to classify husband and wife obligations, how to implement the formula and form of division, and how the concept of distribution of joint property after divorce is reviewed from the perspective of the theory of benefit. The focus of this research is more on the Distribution of Joint Property After Divorce with the Parameters of Husband and Wife Obligations from the Perspective of the Theory of Maslahah Mursalah. This research method is descriptive analysis, while the approach method used is normative juridical. The research stage used is carried out in 2 (two) stages, namely: library research and field research. The data collection technique used in this research is as follows:documentand interviews. The obligations and prohibitions of husband and wife from the perspective of the theory of benefit are classified based on their urgency into three categories: dharuriyyah (primary), hajiyyah (secondary), and tahsiniyah (tertiary). In judicial practice, the implementation of the division of joint assets is based on the theory of syirkah. Religious court decisions show the existence of legal flexibility, which is evident from the variation in the composition of the division such as 4/5 and 1/5, 2/3 and 1/3, and 3/4 and . From the perspective of the theory of benefit, the division of joint assets reflects the value of contextual justice, for example (1) If the husband works and the wife takes care of the household, the husband gets 58%, the wife 42%. (2) If the wife continues her domestic role but has an emotional relationship with another man, then the division becomes 70% for the husband and 30% for the wife.
Liability To Third Parties Due to State Aircraft Accidents According to International And National Air Law Hanifaturrizqi, Yasmin Fara; Latipulhayat, Atip
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research highlights the pressing issue of the absence of state aircraft regulations demanding immediate attention. The coexistence of civil and state planes in the same airspace necessitates a thorough understanding of their interaction. However, international and national legal instruments have largely neglected state aircraft, focusing primarily on regulating air transportation and navigation for civil aviation. The research methodology employed for this study was normative juridical, involving examining library materials or secondary data using deductive thinking methods. The study's findings are clear: Firstly, in international law, the Convention on Compensation for Damage Caused by Aircraft to Third Parties 2009 and the Convention on Compensation for Damage to Third Parties 2009, Resulting from Acts of Unlawful Interference Involving Aircraft 2009 should be the standard for compensating third parties for losses resulting from aircraft activities. Secondly, at the national level, Law No. 1 of 2009 concerning Aviation and Minister of Transportation Regulation No. 77 of 2011 concerning the Responsibility of Air Transport Carriers must be used as a benchmark for fair compensation for losses to third parties due to aircraft activities. Governments must step up and ensure the safety and well-being of their citizens.
Co-Authors Barlian, Aristo Evandy A. Dedy Hernawan Garry Gumelar Pratama Hanifaturrizqi, Yasmin Fara Holyness Singadimeja Irawati Handayani Khansa Aminatuzzahra M. Nurdin Singadimeja Muhammad, Naufal Faiz Neni Ruhaeni Pratidina, Safira Rusmiati, Elis Salwa Salsabila Salwa Salsabila Sukma, Ahmad Novindri Aji Susi Dwi Harijanti Widati Wulandari Yani, Encep Ahmad