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Formation Of the Commissioner Judge Institution as A Court Supervision Policy (Judicial Scrutiny) Indonesian Criminal Justice System Nurahman, Dwi; Maroni, Maroni; Fardiansyah, A. Irzal; Akib, Muhammad; Tisnanta, HS.
Journal of Social Science and Business Studies Vol. 2 No. 4 (2024): JSSBS
Publisher : Yayasan Gema Bina Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61487/jssbs.v2i4.110

Abstract

The idea of the concept of commissioner judges as Preliminary Examination Judge Institutions is the influence of the development of the times, as well as the ratification of the International Covenant on Civil and Political Rights by Indonesia, so that protection of the rights of suspects/defendants becomes the country's main priority in efforts to enforce the law through law enforcement officers. The fundamental function of Criminal Procedure Law is to seek material truth, so it is felt that the Preliminary Examination Judge as a new institution that emerged in the Criminal Procedure Code Bill is a new breakthrough to maintain the Due Process of Law so that it can continue to run according to expectations. It is also hoped that in the future there will be no innocent people who are sentenced without ignoring the interests of the victim. This scientific writing uses the Sociological Legal Research method (socio legal research).
Kewenangan Pembimbing Kemasyarakatan Selaku Pendamping Klien Anak Berkonflik dengan Hukum dalam Mempercepat Penyelesaian Perkara Tindak Pidana Akbar, Dhonny Fatwa Ammarul; Rumelawanto, Fajar Putra Prastina; Sunaryo, Sunaryo; Tisnanta, HS
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v9i10.16716

Abstract

Penegakan hak asasi manusia, termasuk hak anak, adalah salah satu tuntutan reformasi di Indonesia. Pasal 28B ayat (2) UUD NRI 1945 menyatakan hak anak atas kelangsungan hidup, tumbuh, dan berkembang serta perlindungan dari kekerasan dan diskriminasi. Indonesia, yang telah meratifikasi Konvensi Hak-Hak Anak, mengeluarkan UU No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak (UU SPPA), yang mengubah paradigma dari keadilan retributif ke restoratif. Penelitian ini menyoroti kewenangan Pembimbing Kemasyarakatan (PK) dalam mempercepat penyelesaian perkara pidana anak, dengan meneliti peran PK dari tahap pra-adjudikasi, adjudikasi, hingga pasca-adjudikasi. Metode penelitian yang digunakan adalah normatif deskriptif melalui studi kepustakaan dan empiris. Hasil penelitian menunjukkan bahwa PK memiliki kewenangan signifikan dalam mempercepat penyelesaian perkara pidana anak, namun terdapat beberapa faktor penghambat seperti budaya hukum, kesadaran masyarakat, keterbatasan fasilitas, koordinasi antar lembaga, dan perundang-undangan. Rekomendasi meliputi peningkatan sosialisasi kewenangan PK, mengubah budaya hukum masyarakat ke arah keadilan restoratif, pembangunan Balai Pemasyarakatan di setiap kabupaten/kota, serta revisi UU SPPA.
Sosialisasi Tanda Batas Tanah dan Pendaftaran Tanah Sistematik Lengkap Di Kelurahan Gedung Meneng Baru Kecamatan Rajabasa Kota Bandar Lampung Sumarja, FX; Akib, Muhammad; Tisnanta, HS; Triono, Agus
Nemui Nyimah Vol. 4 No. 1 (2024): Nemui Nyimah Vol.4 No.1 2024
Publisher : FT Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/nm.v4i1.131

Abstract

There are landowners in Gedungmeneng Baru Village, Rajabasa Subdistrict, Bandarlampung City who do not install land boundary signs according to regulations, both in terms of shape, size and material. The absence of boundary marks or non compliance with land boundary mark rules can trigger disputes. This can happen because, firstly, the community is not aware of the provisions governing the shape and size of land boundary marks. Secondly, even if they are aware, they do not understand the provisions. Thirdly, even if they understand, they do not care about the situation around them regarding the installation of land boundary markers. This activity aims to increase the understanding of land rights holders about their rights and obligations as landowners, related to land boundary markings, and increase residents' understanding of the Government's program on Complete Systematic Land Registration (PTSL). The results of the activity showed an increase in legal knowledge and understanding, which initially only obtained an average score of 55.20 increased to an average of 74.50. The understanding of the shape and size of land boundary marks also increased. Thus residents have an understanding of the rights and obligations as landowners and good neighbors related to land boundary signs) and have a caring attitude towards the surrounding environment, to prevent land disputes by installing land boundary signs and trying to register land.
Sosialisasi Pelaksanaan Perjanjian Bagi Hasil Tanah Pertanian Antara Pemilik Lahan Dan Penggarap Di Desa Cipadang Kecamatan Gedongtataan Kabupaten Pesawaran Sumarja, FX; Tisnanta, HS; Triono, Agus; Akib, Muhammad; Tripomo, Petrus
Nemui Nyimah Vol. 4 No. 2 (2024): Nemui Nyimah Vol.4 No.2 2024
Publisher : FT Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/nm.v4i2.140

Abstract

The agricultural land sharecropping agreement is a legal action regulated by Law Number 2 of 1960 concerning Sharecropping Agreements, which originates from customary law in Indonesia. The sharecropping agreement practiced in Cipadang Village, Gedongtataan Subdistrict, Pesawaran Regency has been conducted orally based on trust and mutual agreement. The aim of this activity is to increase the public's understanding of the importance of creating written sharecropping agreements and to provide knowledge of the law that regulates these agreements. As a result, the target audience gains the knowledge and ability to create sharecropping agreements and apply Law Number 2 of 1960. The final evaluation shows a relatively small increase in the public's legal knowledge and understanding, from 60.20 to an average of 78.50. However, according to the extension team, this result is considered outstanding, given that the community's average education level is at the secondary school level. The activities in Cipadang Village should continue to foster legal knowledge, understanding, and public awareness, especially given that there are other questions beyond the topics being socialized. Regarding written sharecropping agreements, most are not authenticated by the village head. For the community, it is sufficient if the agreement is signed by both parties and witnessed by representatives of each side. The share is typically divided equally, 1:1, with costs shared between both parties.
Communal Rights as the Hegemony in Third World Regime: An Indonesian Perspective Putri, Yunita Maya; Putri, Ria Wierma; Tisnanta, HS
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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

Abstract

The birth of international law was a direct result of the emergence of civilized and independent states in the sixteenth century in Europe, known as the Enlightenment. So the need for a series of rules to regulate legal relations between these countries. However, until now, Asian and African countries are still fighting for their independence until new problems arise. The polarization of the international community is divided into two, namely developed and developing countries. Where international law is dominated by developed countries with European and American values and does not accommodate the values of local wisdom from developing countries that were former colonies. Indonesia as a developing country must be able to take appropriate steps to anticipate all changes and developments as well as global trends so that national goals can be achieved. One of the important steps taken is to promote and protect their communal rights. The concept of recognizing communal rights originating from developed countries and being accommodated in various international agreements such as The General Agreement on Tariffs and Trade (GATT) and Trade Related Aspects of Intellectual Property Rights (TRIPs) which are more in favor of the economic interests and investment of countries progress without paying attention to the disparity in the ability to master knowledge, technology, and information as intangible capital, especially communal rights. The monopoly of intangible capital by developed countries is not in favor of developing countries as owners of communal wealth that should receive appreciation and recognition, as well as economic benefits for developing countries. Indonesia as a developing country rich in natural resources, arts, and culture has various communal assets that require legal recognition and protection and are recognized internationally. Communal rights that are currently developing in Indonesia are a response to the hegemony of communal wealth controlled by developed countries to maintain national identity. The dynamics of the global economy that is driven by knowledge, creativity and technology must not ignore communal rights as part of the domestic economic system. Instead of being skeptical about this, Indonesia as a developing country must determine a strategy to utilize communal rights as intangible capital in economic development. By using a literature study, this paper describes the advantages and challenges in protecting communal rights and their benefits in Indonesia. Communal intellectual property is a form of recognition for the traditional culture of the Indonesian people to be preserved and generate economic benefits for the entire custodial community. In addition, communal intellectual property is protected by the state with unlimited protection which will provide welfare for indigenous peoples. However, there are still some shortcomings in the protection of communal intellectual property because there is still no written and systematic inventory of the traditional cultures produced by indigenous peoples, as well as the registration model and benefit sharing by the state to the custodian community. Government policies are needed to gradually provide effective and efficient protection in the form of defensive protection and the sui generis law.
Aspect of Justice in The Application of "Impoverishment" Concept in Asset Seizure Resulting from Corruption Offenses Jaya, Arizon Mega; Maroni; Fardiansyah, A Irzal; Soerjatisnanta, Hieronymus; Akib, Muhammad; Jaya, Belardo Prasetya Mega
Jurnal Hukum dan Peradilan Vol 14 No 2 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.2.2025.377-400

Abstract

The main question and context of the discussion is whether the concept of impoverishment through asset confiscation in corruption cases in Indonesia fulfills the aspect of justice for defendants. This research will play a role in providing legal boundaries and certainty regarding the concept of impoverishment. This research used normative legal research. Normative legal research focuses on analyzing legal rules, principles, and doctrines to understand how the law should be, rather than how it is practiced. This research showed that the concept of impoverishing perpetrators of corruption crimes is interpreted as the confiscation of wealth/assets belonging to perpetrators of corruption crimes, which are the proceeds of corruption, and carried out in accordance with applicable regulations. Asset confiscation from perpetrators of corruption crimes must be implemented with legal measures that do not disregard the sense of justice and without disregarding or respecting the rights of the defendants and the property rights of others unrelated to the corruption case being handled, so the execution in the form of asset confiscation that can provide a sense of justice as it is conducted in a civilized manner and based on humanitarian values. Confiscating the wealth of defendants in corruption cases must be carried out proportionally, and the confiscation of individuals suspected of committing criminal acts of corruption must be upheld and must not violate constitutional principles.
Perlindungan Data Peserta BPJS Kesehatan Sebagai Hak Asasi: Tinjauan Hukum Dan Tanggung Jawab Negara Jaya, Beni Parawira Candra; Tisnanta, HS; Putri S, Ria Wierma
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i2.4418

Abstract

In the digital age, the management of BPJS Kesehatan participants' personal data faces serious security challenges, including the risk of data leaks that could damage public trust and have widespread socio-economic impacts. This study discusses the strategic steps that BPJS Kesehatan and the government must take to improve the security of participant data. Key efforts include strengthening information technology infrastructure with layered security systems, integrating data with relevant agencies using biometric technology, and increasing awareness and training on data protection for all parties involved. Additionally, the importance of adaptive regulations, strict enforcement of laws, rapid response mechanisms for incidents, and routine security audits are also key focuses. Investment in advanced technologies such as artificial intelligence and machine learning is essential to anticipate increasingly complex cyber threats. A holistic approach involving national and international collaboration and the development of an inclusive digital ecosystem is expected to maintain the integrity of participant data and improve the quality of national health services. Thus, the National Health Insurance program can continue to be trusted by the public in facing the dynamics of healthcare service digitalization.
Tinjauan Hukum Pidana Dan Tata Negara Terhadap Pendekatan Filsafat Ilmu Dalam Penanganan Korupsi Di Indonesia Karimah, Rohmatul; Sari, Sintia Aprilia; Haryadi, Annisa Putri; Tisnanta, HS; Prayoga, Satria
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i2.4474

Abstract

Corruption in Indonesia has reached alarming levels and is categorized as an extraordinary crime due to its multidimensional impacts, both economic, political, and social. Corruption eradication has so far been approached primarily through criminal law instruments and state institutions, such as the Corruption Eradication Commission (KPK). However, the fact that corruption rates remain high indicates the need for a more philosophical approach. This article aims to examine corruption eradication in Indonesia through a philosophical perspective encompassing the dimensions of ontology, epistemology, and axiology. This research method uses a normative juridical approach. The sources and types of data used are primary and secondary data. Data collection was conducted through library research. Data processing was carried out by selecting and examining the obtained data for completeness, as well as classifying or grouping the data systematically. The data analysis used is qualitative juridical. The results of this study indicate that corruption eradication cannot be sufficiently understood as an individual crime, but rather as a structural phenomenon that requires modern knowledge methods and a value orientation towards substantive justice, good governance, and constitutional legitimacy. Therefore, it is necessary to increase the independence of law enforcement agencies, epistemological innovation in the field of evidence, anti-corruption ethics education, and a humanistic axiology of law enforcement.
Perlindungan Hukum terhadap Tenaga Medis di Faskes Pertama dalam Pelayanan Kesehatan di Wilayah Puskesmas Sinar Rejeki Lampung Selatan Siahaan, Oktavery Parasian Siahaan; Fakih, M.; Tisnanta, HS
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 1 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i1.1724

Abstract

The issue of legal protection for medical personnel in primary health care facilities remains a crucial concern in Indonesia’s health law enforcement. This study aims to analyze the forms of legal protection for medical personnel at Puskesmas Sinar Rejeki, Lampung Selatan, particularly in relation to professional negligence and the resulting legal implications from both criminal and civil law perspectives. The research applies a normative juridical approach by reviewing statutory regulations, legal doctrines, and relevant scholarly literature. The findings indicate that the protection of medical personnel is explicitly regulated under Law No. 17 of 2023 on Health and Government Regulation No. 28 of 2024, which guarantee occupational safety, legal certainty, and professional rights. Preventive protection includes licensing requirements and professional standards, while repressive protection involves mechanisms for resolving medical disputes through recommendations from the Indonesian Medical Disciplinary Board (MKDKI) prior to litigation. The study concludes that strengthening institutional supervision and legal literacy among medical practitioners is essential to ensure effective legal protection and uphold patient safety within primary health care services.