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Pemodelan Rehabilitasi Sosial pada Pecandu Narkotika Chaidar, Muhamad; Kusnadi, Sekaring Ayumeida; Alfadani, Ahmad Zakariyah; Lystiadi, Intan Predita
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11577

The abuse of narcotics in Indonesia has become a serious social issue, which not only impacts individual health but also creates widespread social and economic disturbances. One of the solutions implemented to address this problem is social rehabilitation for drug addicts, aimed at reintegrating individuals into positive and productive social roles. This article discusses the modeling of social rehabilitation for drug addicts from a legal perspective, referring to Law Number 35 of 2009 concerning Narcotics, which regulates the provision of rehabilitation as an alternative to punishment for drug users. The social rehabilitation model involves several stages, including assessment, medical and psychosocial rehabilitation, and social reintegration into the community. Additionally, the legal approach applied must prioritize the principles of restorative justice, aimed at restoring relationships between addicts, the community, and victims, as well as reducing the negative stigma against addicts. However, the implementation of social rehabilitation also faces challenges, such as social stigma, limited resources, and ineffective coordination among law enforcement agencies, rehabilitation institutions, and the community. This article concludes that a social rehabilitation model based on human rights principles, restorative justice, and comprehensive support from various parties can accelerate the recovery of drug addicts and facilitate their reintegration back into society.

PERLINDUNGAN HUKUM DATA PRIBADI SEBAGAI HAK PRIVASI Kusnadi, Sekaring Ayumeida
AL WASATH Jurnal Ilmu Hukum Vol 2 No 1 (2021): Pandemic, Human Right and Public Policy
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v2i1.127

Everyone must have personal data. Personal data is something that is inherent in everyone. Personal data is something that is sensitive. Personal data is something that must be protected because it is the right of everyone's privacy. The right to privacy is a constitutional right of citizens which has been regulated in the 1945 Constitution of the Republic of Indonesia. A constitutional right is the obligation of a state towards its citizens. In Indonesia, there are currently many legal problems that misuse someone's personal data for personal gain. However, currently the handling of these legal issues has not been maximized due to the absence of norms in the legal protection of personal data. The purpose and focus of this research is to find out the essence of legal protection of personal data as a right of privacy and a form of legal protection of personal data as a right of privacy in Indonesia. The research method used in this research is normative juridical, through a conceptual approach. The result of this research is that the essence of legal protection of personal data as privacy rights is a constitutional right of citizens. Indonesia does not yet have laws and regulations that form the legal basis for the protection of personal data. Therefore, in the legal protection of personal data, Indonesia experiences a vacuum of norms so that it cannot optimally protect the personal data of citizens.

Kepentingan Terbaik Anak dalam Pengaturan Hukum Dispensasi Perkawinan Kusnadi, Sekaring Ayumeida
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.12264

The state is constitutionally obligated to ensure the fulfillment of child protection rights as an integral part of human rights. One such regulatory mechanism pertains to the legal framework governing marital agreements, known as marriage dispensation. This legal document is used to deal with specific situations that are considered to be in the best interests of the child. Article 7, paragraph (2) of Law No. 16/2019 on Marriage says that marriage dispensation may be granted in cases of extreme urgency. However, the legal text does not clearly explain what "very urgent reasons" are. The objective of this study is to analyze the concept of the best interests of the child within the framework of the regulation of marriage dispensation in Indonesia. The results of this study will probably be used as a reference when the Marriage Law is changed in the future. The research method juridical normative within statute and conceptual approach. The results explain that there is a lack of clear legal guidelines regarding marriage dispensation, leading to different interpretations and contributing to the high number of marriage dispensation applications in Indonesia. The main reason people use these apps is emotional, and it has to do with love. This condition has the potential to circumvent the fundamental principle of child protection and undermine the legal objectives that are intended to be achieved. The recommendation in this article is that the Marriage Law should clearly define "very urgent reasons" for obtaining marriage dispensation in the future. This affirmation is needed to make sure that the law is clear, fair, and benefits children while protecting them. The main idea of this research is that the rules in the Marriage Law should be changed to match the ideas of protecting children and the idea that the child's best interests should be considered, as stated in international agreements like the Convention on the Rights of the Child, which has been ratified by Indonesia.

PERLINDUNGAN HAK PRIVASI DALAM PENYALAHGUNAAN TEKNOLOGI DEEPFAKE DI INDONESIA Kusnadi, Sekaring Ayumeida; Putri, Dina Wanda Setiawan
Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional Vol 14, No 2 (2025): Perkembangan Perlindungan Hukum Keamanan Siber
Publisher : Badan Pembinaan Hukum Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/rechtsvinding.v14i2.2135

Perkembangan teknologi digital, khususnya teknologi deepfake, menghadirkan tantangan serius terhadap perlindungan hak privasi di Indonesia. Teknologi ini memungkinkan manipulasi citra dan suara seseorang secara realistis sehingga berpotensi digunakan untuk kejahatan, pencemaran nama baik, dan pelanggaran privasi. Namun, dalam hukum positif Indonesia, belum terdapat aturan khusus yang secara tegas mengatur mengenai penyalahgunaan teknologi deepfake. Penelitian ini bertujuan untuk mengkaji hakikat perlindungan hak privasi di Indonesia dan menelaah bagaimana perlindungan hukum terhadap penyalahgunaan teknologi deepfake. Metode yang digunakan adalah metode yuridis normatif dengan pendekatan peraturan perundang-undangan, konseptual dan kasus. Hasil penelitian menunjukkan bahwa hak privasi merupakan hak konstitusional dan hak asasi manusia yang diakui dalam Pasal 28G ayat (1) UUD NRI 1945. Bahkan hak privasi merupakan salah Hak Asasi Manusia bersifat universal yang diakui dalam Deklarasi Universal Hak Asasi Manusia 1948 dan ICCPR. Saat ini, perlindungan hukum terhadap penyalahgunaan deepfake masih bersifat terbatas dan bersandar pada interpretasi UU ITE dan KUHP. Oleh karena itu, perlu pembentukan norma hukum baru yang secara eksplisit mengatur penyalahgunaan teknologi deepfake guna memberikan perlindungan maksimal terhadap hak privasi warga negara.

PERLINDUNGAN HUKUM TERHADAP KORBAN VICTIM BLAMING DALAM ALIRAN REALISME HUKUM PADA KASUS KEKERASAN SEKSUAL Putri, Angely Lina; Kusnadi, Sekaring Ayumeida
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.8709

Victims of sexual violence do not receive justice and legal protection, but instead receive victim blaming behavior from society. Legal protection for victims and finding the role of legal realism in overcoming victim blaming behavior is very necessary. Therefore, this research aims to understand legal protection for victims of sexual violence by victim blaming based on realism. This research uses a normative juridical method. By using a statutory approach and a conceptual approach. Violence against women is a violation of human rights that must be condemned and acted upon. The Indonesian government has issued various laws and regulations to protect women from violence, discrimination and intimidation. The role of legal realism is to control social perceptions so as not to blame victims for the crimes they experience. This research provides an understanding of sexual violence which causes victim blaming, actions and explains legal protection rules and legal realism to provide direction to the public so that they no longer blame the victim for the crimes that happened to him.

Tinjauan Yuridis Tentang Dispensasi Perkawinan di Indonesia Ariyanti, Siska; Kusnadi, Sekaring Ayumeida
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.10924

Child marriage in Indonesia is a complex issue with socio-cultural dimensions and human rights violations. Although Law No. 16/2019 stipulates that the maximum age of marriage is 19 years old, the implementation of the child marriage recognition system still allows minors to marry due to pregnancy outside of marriage or due to social pressure. The purpose of this study is to evaluate the legal analysis of legislation related to the exclusion of the age of marriage and its implementation. The method used is normative research with a legal conceptual approach. The findings show that despite strict regulations, gaps in the exemption application process continue to create the potential for child marriage. Therefore, measures are needed to tighten the procedure, such as raising the minimum age limit, implementing additional documentation requirements, and making marriage counseling mandatory. This tightening is expected to protect children's rights, raise public awareness of the negative impacts of early marriage, and increase interest in education and mental preparation before marriage.

Pertanggungjawaban Hukum Orang Tua dalam Tindak Pidana Inses Putri, Dina Wanda Setiawan; Kusnadi, Sekaring Ayumeida
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.10941

This study aims to examine the legal responsibility of parents in incest crimes in Indonesia and to evaluate the effectiveness of existing laws and regulations in preventing and handling these crimes. This study uses a normative legal approach with legislative and conceptual research methods. The main data sources are primary legal materials, such as Article 8 of Law Number 1 of 1974 concerning Marriage and Article 76D of Law Number 35 of 2014 concerning Child Protection, as well as secondary legal materials in the form of literature, journals, and other related documents. Data collection techniques are carried out through document studies, while data analysis is carried out in a normative legal manner to understand, criticize, and interpret applicable legal regulations. This study found that although existing regulations have prohibited and criminalized incest, such as in Article 8 of the Marriage Law and Article 76D of the Child Protection Law, the sanctions applied are considered not strict enough to provide a deterrent effect. The application of castration and the installation of electronic chips, as regulated in the Child Protection Law, has also raised controversy regarding human rights. This study emphasizes the importance of strengthening the legal system through revision of laws that provide more effective sanctions and include comprehensive protection for incest victims. The originality of this study's findings lies in the critical analysis of legal loopholes in legislation and recommendations for restorative justice-based solutions that have not been widely reviewed in previous studies.

Pemodelan Rehabilitasi Sosial pada Pecandu Narkotika Chaidar, Muhamad; Kusnadi, Sekaring Ayumeida; Alfadani, Ahmad Zakariyah; Lystiadi, Intan Predita
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11577

The abuse of narcotics in Indonesia has become a serious social issue, which not only impacts individual health but also creates widespread social and economic disturbances. One of the solutions implemented to address this problem is social rehabilitation for drug addicts, aimed at reintegrating individuals into positive and productive social roles. This article discusses the modeling of social rehabilitation for drug addicts from a legal perspective, referring to Law Number 35 of 2009 concerning Narcotics, which regulates the provision of rehabilitation as an alternative to punishment for drug users. The social rehabilitation model involves several stages, including assessment, medical and psychosocial rehabilitation, and social reintegration into the community. Additionally, the legal approach applied must prioritize the principles of restorative justice, aimed at restoring relationships between addicts, the community, and victims, as well as reducing the negative stigma against addicts. However, the implementation of social rehabilitation also faces challenges, such as social stigma, limited resources, and ineffective coordination among law enforcement agencies, rehabilitation institutions, and the community. This article concludes that a social rehabilitation model based on human rights principles, restorative justice, and comprehensive support from various parties can accelerate the recovery of drug addicts and facilitate their reintegration back into society.

Perlindungan Hukum Terhadap Perempuan Korban Pembunuhan Berbasis Femisida Di Indonesia Amelia, Fernanda; Kusnadi, Sekaring Ayumeida
Gorontalo Law Review Vol. 8 No. 1 April 2025, Gorontalo Law Review
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/golrev.v8i1.3897

The women in Indonesia often become victims of gender-based violence, one of which takes the form of femicide, that is, the murder of women committed for gender-related reasons. This phenomenon raises important issues regarding legal protection for women. This research aims to analyze the forms of legal protection for women victims of femicide in Indonesia, as well as to identify violations that occur within the context of existing legal regulations. The method used in this research is normative juridical, with a legislative approach, which examines relevant legislation, Such as the Criminal Code (KUHP), Law No. 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT), Law No. 12 of 2002 concerning Sexual Violence Crimes (TPKS), and Law No. 7 of 1984 concerning the Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This research utilizes primary legal materials obtained through literature study and documentation to examine how these regulations protect women victims of femicide. The results of this study are expected to provide insights into the weaknesses and opportunities in enhancing legal protection for women in Indonesia.

HAK KEBEBASAN BERPENDAPAT DI ERA DIGITAL DALAM PERSPEKTIF HAK ASASI MANUSIA Andriansyah, Muhammad Wahyu; Kusnadi, Sekaring Ayumeida
Gorontalo Law Review Vol. 7 No. 2 Oktober 2024, Gorontalo Law Review
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/golrev.v7i2.3727

Freedom of expression is a fundamental human right in a democratic society that allows citizens to voice opinions, participate in public discussions, and criticize the government without fear. This article explores the legal basis for freedom of expression in Indonesia and analyzes the fulfillment of this right from a human rights perspective. The focus of the article also covers the challenges and opportunities that arise in the ever-evolving digital era, recognizing its role in maintaining social and political justice. In the context of human rights, freedom of expression is recognized as a fundamental right, but it needs to be balanced with legal and ethical responsibilities in the use of digital technology. This research reviews regulations such as the 1945 Constitution, the Criminal Code, the Human Rights Law, and the ITE Law relating to freedom of expression and looks for solutions to create a democratic digital environment without sacrificing human rights.

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