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All Journal Legal Opinion Rechtsidee Tadulako Law Review Hasanuddin Law Review Jambura Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Amsir Law Jurnal (ALJ) Suloh : Jurnal Fakultas Hukum Universitas Malikussaleh Jurnal Pengabdian dan Pengembangan Masyarakat Indonesia Indonesian Research Journal in Legal Studies
Fattimah Maddusila
Program Studi Ilmu Hukum Fakultas Hukum Universitas Tadulako, Indonesia
Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences

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The Role of General Criminal Investigation in Tackling Human Trafficking Sitti Fatimah Maddusila
Indonesian Research Journal in Legal Studies Vol. 4 No. 2: September 2025 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31934/irjils.v4i2.8725

Abstract

This study aims to: (1) To find out the efforts made by the General Criminal Investigation Unit of the Central Sulawesi Regional Police in tackling the crime of trafficking in persons (2) To find out the obstacles faced by the General Criminal Investigation Unit of the Central Sulawesi Regional Police in tackling the crime of trafficking in persons. The method used in writing this is to use an empirical juridical research approach. The results of this research are (1) The Police as law enforcers, protectors and protectors of the community are obliged to maintain the uphold of the law, justice and protection of human dignity as well as order and legal certainty in order to realize the duties and functions of the police, there are several efforts made by the Central Sulawesi Police, especially the criminal investigation unit in overcoming the prevention of human trafficking crimes, namely through the efforts of the Central Sulawesi Police. Pre-emptive, through preventive efforts and through repressive efforts. (2) The prevention of trafficking in persons carried out by the General Criminal Investigation of the Central Sulawesi Regional Police has several obstacles, including victims of trafficking in persons who do not want to report, and the lack of budget for the prevention of trafficking crimes, when this is an obstacle to the general criminal investigation of the Central Sulawesi Regional Police in preventing the crime of trafficking in persons. The Research Suggestions are (1) There is a need for special attention and support from various institutions and the community is also needed to handle trafficking cases. Information and news from trafficking cases need to be reported more to increase public attention so that cases about Human Trafficking do not occur again (2) The government should form a special task force to tackle the crime of trafficking in persons consisting of the police, the Ministry of Manpower and the Protection of Indonesian Workers.
The Legal Certainty of Community Participation Related to Mining Activities Tampubolon, Muhammad Hatta Roma; Maddusila, Sitti Fatimah; Zulkarnain, Zulkarnain; Mallawa, Suardi Dg.
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4465

Abstract

Indonesia is rich in mining resources, which constitute one of the crucial sectors for national development. However, mining activities are not without controversy, particularly regarding community participation in decision-making processes and implementation. Despite existing laws guaranteeing the community's right to participate, their implementation still faces obstacles such as legal uncertainties concerning the mechanisms and procedures for participation, which have not been clearly and comprehensively regulated. The purpose of this research is to examine the legal certainty regarding community participation in mining activities in Indonesia and to identify the problems and challenges faced in its implementation. This study employs normative legal research methods with a legislative and conceptual approach. Data collection techniques are conducted through literature studies, analyzed qualitatively with content analysis, and presented descriptively and analytically. The research findings reveal that legal certainty regarding community participation in mining activities in Indonesia is currently regulated by laws such as the Mineral and Coal Mining Law (UU Minerba) and Government Regulation No. 51/2014, which guarantee the community's right to participate. However, these regulations do not clearly define the mechanisms and procedures, leading to legal uncertainty. The main problems and challenges in implementation include unclear mechanisms and procedures for participation, lack of socialization and transparency of information, low community capacity, weak law enforcement and supervision, and potential conflicts of interest that can hinder effective and sustainable community participation in mining activities.
IUS CONSTITUENDUM: REGULATION OF TRADITIONAL CULTURAL EXPRESSIONS WITHIN THE FRAMEWORK OF THE INTELLECTUAL PROPERTY RIGHTS REGIME AS A STRENGTHENER OF NATIONAL IDENTITY Maddusila, Sitti Fatimah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4548

Abstract

Indonesia is rich in diverse traditional cultural expressions that need to be protected from misuse or irresponsible commercialization. Efforts to safeguard these cultural expressions can be undertaken by integrating them into the Intellectual Property Rights (IPR) regime through comprehensive and effective legal regulations. The aim of this research is to formulate an ideal concept for regulating traditional cultural expressions within the IPR regime as a means to strengthen national identity in Indonesia, and to identify challenges and obstacles in integrating the protection of traditional cultural expressions into the IPR regime. This research employs normative legal research methods with legislative and conceptual approaches. The legal materials used include primary, secondary, and tertiary legal sources, with data collection techniques through literature study and qualitative data analysis. The research results indicate that the ideal concept for regulating traditional cultural expressions within the IPR regime to strengthen national identity in Indonesia must include a clear definition of traditional cultural expressions and their criteria, the establishment of a comprehensive data and inventory system, provision of legal protection and management mechanisms involving the community owners, assurance of fair profit-sharing in case of commercial utilization, regulation of government and community roles in preservation, and the reinforcement of national identity by recognizing traditional cultural expressions as protected and promoted national assets. The main challenges and obstacles include the absence of clear definitions and criteria, issues of communal ownership, the diversity of cultural expressions, the need to balance protection and access for utilization, lack of community capacity and awareness, and limitations in resources and supporting infrastructure.
IUS CONSTITUENDUM: REGULATION OF TRADITIONAL CULTURAL EXPRESSIONS WITHIN THE FRAMEWORK OF THE INTELLECTUAL PROPERTY RIGHTS REGIME AS A STRENGTHENER OF NATIONAL IDENTITY Maddusila, Sitti Fatimah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4550

Abstract

Indonesia is rich in diverse traditional cultural expressions that need to be protected from misuse or irresponsible commercialization. Efforts to safeguard these cultural expressions can be undertaken by integrating them into the Intellectual Property Rights (IPR) regime through comprehensive and effective legal regulations. The aim of this research is to formulate an ideal concept for regulating traditional cultural expressions within the IPR regime as a means to strengthen national identity in Indonesia, and to identify challenges and obstacles in integrating the protection of traditional cultural expressions into the IPR regime. This research employs normative legal research methods with legislative and conceptual approaches. The legal materials used include primary, secondary, and tertiary legal sources, with data collection techniques through literature study and qualitative data analysis. The research results indicate that the ideal concept for regulating traditional cultural expressions within the IPR regime to strengthen national identity in Indonesia must include a clear definition of traditional cultural expressions and their criteria, the establishment of a comprehensive data and inventory system, provision of legal protection and management mechanisms involving the community owners, assurance of fair profit-sharing in case of commercial utilization, regulation of government and community roles in preservation, and the reinforcement of national identity by recognizing traditional cultural expressions as protected and promoted national assets. The main challenges and obstacles include the absence of clear definitions and criteria, issues of communal ownership, the diversity of cultural expressions, the need to balance protection and access for utilization, lack of community capacity and awareness, and limitations in resources and supporting infrastructure.
Co-Authors Abdurrahim, Abdurrahim Adfiyanti Fadjar Andi Intan Purnamasari Ansar Asri Lasatu Baliana Amir Lanini, Agus M. Hatta Roma Tampubolon Mallawa, Suardi Dg. Marini Citra Dewi Muhammad Ikbal Nurhayati Sutan Nokoe NURMAN, ILHAM Nursiah Moh. Yunus Rafika Nur Rahmat Bakri Ratu Ratna Korompot Ridwan, Ashar Rosdian RUSTANG, RUSTANG Suardi Dg. Mallawa Susi Susilawati SUSILAWATI, SUSI Yunus, Nursiah Moh. Zulkarnain Zulkarnain Zulkarnain Zulkarnain