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Paradoks Penyidik Pegawai Negeri Sipil Dalam Sistem Peradilan Pidana Indonesia Basuki Basuki; Muhammad Mustofa; Ramlani Lina Sinaulan
Jurnal Penelitian Hukum Legalitas Vol 15, No 2 (2021)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v15i2.233

Problems deviation between the expected role and should by Civil Servant Investigators (investigators) are overlapping in charge. It is essentially a paradox. This study uses a normative law research. To obtain accurate data, researchers used the literature study technique, which consists of primary, secondary, and tertiary legal materials. Data obtained from the results of library research will be analyzed qualitatively with descriptive methods. From the research results obtained, firstly in carrying out an investigation, PPNS must follow the applicable legal norms because it is a reflection of legal certainty as well as the obligation to coordinate with the Supervisory Coordinator as a requirement for the application of the principle of legality in all its forms (due process of law), namely that all government actions must based on legal and written laws and regulations. Second, certain Civil Servants who are given the authority by law to carry out investigations in accordance with the laws which are their respective legal bases are subordination of the executive branch not included in the Indonesian Criminal Justice System, therefore the Criminal Procedure Code strictly regulates that the PPNS relationship is under coordination. and supervision of police investigators.

PERLINDUNGAN HUKUM BAGI PARA PIHAK YANG DIRUGIKAN DALAM BIDANG PERTANAHAN AKIBAT PERISTIWA BENCANA ALAM TERKAIT BERGESERNYA BATAS TANAH Amirsyah Amirsyah; Felicitas Sri Marniati; Basuki Basuki
Jurnal Ilmiah Global Education Vol. 4 No. 1 (2023): JURNAL ILMIAH GLOBAL EDUCATION, Volume 4 Nomor 1, Maret 2023
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/jige.v4i1.515

Land in Indonesia still remains but its use is increasing and makes the value of land prices also go up, so it often causes conflict. Therefore, a complete settlement is needed that can be accepted by the litigants so that justice is created between the litigants. In this study raised two problems, namely how the legal consequences of natural disaster events that resulted in a shift in land boundaries and how the legal protection for the injured parties related to the shifting of land boundaries?. The method used is a normative juridical research method that initiates the collection of legal materials carried out by identifying and inventory of positive legal rules, researching library materials (books, scientific journals, research reports), and other sources of legal materials relevant to the legal issues under study. The results of this study suggested that the land shifted boundaries that can not be proved again because of the physical data is lost, so it is no longer in accordance with the physical data and juridical data as a strong evidence, it can solve the problem with physical evidence and non-physical in court and outside the court as UUPA and PP No. 24 of 2007 on Land Registration. However, in Article 43 of the regulation of the Minister of Agrarian Affairs and Spatial Planning / head of the National Land Agency of the Republic of Indonesia number 21 of 2020 concerning the handling and settlement of land cases is a form of legal protection against the community regarding dispute resolution that can be resolved through mediation at the initiative of the ministry, Regional Office, Land Office and so on.

KONSISTENSI PENERAPAN SANKSI PIDANA TERHADAP PELAKU PENISTA AGAMA DI INDONESIA Basuki Basuki
Jurnal Ilmiah Global Education Vol. 4 No. 1 (2023): JURNAL ILMIAH GLOBAL EDUCATION, Volume 4 Nomor 1, Maret 2023
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/jige.v4i1.537

The Indonesian constitution, namely the 1945 Constitution, is one of the instruments of human rights fulfillment, namely regulating the protection of religious freedom in Indonesia as stated in Article 27 paragraph (1), Article 28D paragraph (1), Article 28e, article 28i paragraph (1) and (2), Article 29 paragraph (2). In order to maintain the relationship between religious freedom and public order, the state makes restrictions on actions that are considered blasphemous or insulting to other religions that can trigger conflicts in public life. In this study raised two problems, namely how the consistency of the application of criminal sanctions against perpetrators of blasphemy in Indonesia ? and What is the form of updating the Criminal Code in realizing the consistency of the application of sanctions against perpetrators of religious blasphemy in Indonesia? The Theory of deferential Association by Edwin H. Sutherland and Emile Durkheim's theory of Anatomy. The method used is a normative juridical research method that begins the collection of legal materials carried out by identifying and inventorying positive legal rules, researching library materials (books, scientific journals, research reports), and other sources of legal materials relevant to the legal issues under study. The result of this study is that the consistency of the application of criminal sanctions against perpetrators of blasphemy in Indonesia. Has not been consistent and the Criminal Code (KUHP) relating to blasphemy needs to be renewed.

Perlindungan Hukum Pengelolaan Hak Atas Tanah Yang Bersertifikat Terkait Perubahan Peruntukan Menjadi Konservasi Kehutanan Sri Mulyani; Joko Sriwidodo; Basuki Basuki; Yuhelson Yuhelson
Dikmas: Jurnal Pendidikan Masyarakat dan Pengabdian Vol 3, No 1 (2023): March
Publisher : Magister Pendidikan Nonformal Pascasarjana Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37905/dikmas.3.1.221-232.2023

This article discusses the legal protection of the management of land rights that are certified related to the change in designation to forestry conservation. This is a problem because the status of the certificate of land rights whose designation has changed to forestry conservation. How to analyze and understand the legal consequences and know the legal protection of the management of certificated land rights that are included in forestry conservation. The research method used by researchers is normative juridical. In this study, the issues to be discussed are the legal consequences of managing certified land rights related to the change in designation to forestry conservation and legal protection for the management of certified land rights that are included in forestry conservation. The theory of legal consequences used is Soeroso's theory and its legal protection uses Philipus M. Hadjon's theory. The result of this research is that the legal position of certificates of land rights is as a means of proof for the holders of their rights and to guarantee legal certainty in society. Land rights certificates have strong evidentiary characteristics, as long as there is no other evidance to prove otherwise.

Kepastian Hukum Penerapan Restorative Justice terhadap Pengguna Narkotika yang Tidak Disertai Barang Bukti pada Tingkat Penyidikan di Kepolisian Daerah Banten Muhammad Darmansyah; Tofik Yanuar Chandra; Basuki Basuki
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 2 (2026): CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah, Februari 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i2.2421

Based on data from the Banten Province National Narcotics Agency, in 2023, 1,236 narcotics cases were recorded, with the number of users arrested reaching 1,486. Tangerang City and Tangerang Regency were recorded as the areas with the highest number of cases. This fact demonstrates the empirical reality that drug abuse is not only increasing in terms of numbers, but also in terms of complexity, including perpetrators being caught without evidence. The consequences of law enforcement have implications for overcrowding in detention centers and correctional institutions, with the number of inmates detained for narcotics cases in 2023 reaching 131,069. Meanwhile, ideal legal norms have been regulated through various provisions such as Law Number 35 of 2009 concerning Narcotics, specifically Articles 54 and 103, which provide space for drug abusers to undergo rehabilitation, rather than imprisonment. The research questions addressed in this study are the procedures for implementing restorative justice for drug users who are not accompanied by evidence at the investigation stage at the Banten Regional Police and the legal certainty of implementing restorative justice for drug users who are not accompanied by evidence at the investigation stage. In this study, the author uses the theory of legal certainty and the theory of restorative justice as analytical tools. The research method used is a normative juridical legal approach but supported by interviews with the Tangerang City Police Resort agency. This research uses a statute approach, a case approach, a conceptual approach, and an analytical approach which in principle are sourced from primary legal materials consisting of existing laws and case studies, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. The legal material analysis technique uses grammatical interpretation techniques. The results of this study indicate that the procedures for implementing restorative justice for drug users differ between the Police and the National Narcotics Agency (BNN). This difference is not only administrative, but also indicates a paradigm difference in interpreting the law between the repressive-formalistic and rehabilitative-humanistic approaches. The legal certainty of implementing restorative justice for drug users without evidence at the investigation level creates procedural asynchronous implementation of restorative justice-based rehabilitation policies, particularly in the context of the Integrated Assessment Team (TAT). The lack of integration of administrative mechanisms and inter-agency coordination makes the implementation of TAT ineffective and uniform. The suggestion in this study is that the formal basis for handling cases between the Police and the BNN should be harmonized in terms of the preparation of integrated guidelines to avoid legal uncertainty and potentially violate the principle of equality before the law. The role of TAT needs to be optimized in terms of legal authority and inter-agency coordination, as administrative obstacles often cause assessments to be ineffective.

PENEGAKAN HUKUM PIDANA TERHADAP KERUSAKAN LINGKUNGAN OLEH PERTAMBANGAN EMAS TANPA IZIN DIKABUPATEN MERANGIN Hani Alisia Permata; Mohamad Ismed; Basuki Basuki
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 1 No. 2 (2025): CORPUS JURIS : Jurnal Ilmu Hukum, Desember 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v1i2.2333

Research Objectives: 1) To examine and analyze the handling of illegal gold mining (PETI) perpetrators who cause environmental damage. 2) To examine and analyze law enforcement against PETI perpetrators by prioritizing the restoration of the resulting environmental damage. Research Methods: This research employs a normative legal research method with several approaches: the statute approach, conceptual approach, analytical approach, philosophical approach, and case approach.Research Results: The Indonesian Forum for Environment (WALHI) of Jambi Province stated that as of 2025, the forest area damaged by illegal gold mining in Merangin is estimated to exceed 17,936 hectares. The handling of PETI perpetrators by the Merangin Regency Government, the Police, and the Governor of Jambi has not been optimal, despite the issuance of the Governor of Jambi's Circular Letter No. 414/491/DPMD/2025 regarding PETI. Law enforcement against PETI perpetrators has not yet achieved the three fundamental legal pillars: legal certainty (rechtssicherheit), utility (zweckmassigkeit), and justice (gerechtigkeit). This is due to several factors: a) the legal substance governing PETI, b) the lack of firmness among law enforcement officials, and c) the legal culture of the community regarding PETI activities, while law enforcement facilities remain adequate. Criminal sanctions for PETI are regulated under Article 158 of Law No. 3 of 2020 concerning Mineral and Coal Mining, which carries a maximum penalty of 5 (five) years imprisonment and a maximum fine of IDR 100 billion. Based on Article 80 paragraph 1 letter (a) of the Criminal Procedure Code (KUHAP) under Law No. 20 of 2025, PETI perpetrators may pursue Restorative Justice. While Restorative Justice in ordinary crimes involves a settlement between the victim and the perpetrator, in environmental crimes committed by PETI, Restorative Justice can be facilitated through environmental Non-Governmental Organizations (NGOs), following the doctrine of Christopher Stone. There is a pressing need for government regulations to determine who represents the environment as a legal subject and how fines can be distributed for post-mining reclamation.

PENERAPAN KEADILAN RESTORATIF DALAM TINDAK PIDANA KEPEMILIKAN SATWA LANGKA YANG DILINDUNGI DI INDONESIA I Nyoman Gede Putrawan; Kristiawanto Kristiawanto; Basuki Basuki
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 1 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, April 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i1.2426

This study aims to provide a juridical analysis of the ownership of protected wildlife by members of the public and to examine relevant law enforcement approaches, including the potential application of restorative justice. The issues addressed focus on the legal construction governing the ownership of protected wildlife, the formulation of criminal liability under statutory regulations, and the manner in which law enforcement may be implemented proportionally without undermining conservation objectives.The research employs a normative legal method using a statutory approach, a conceptual approach, and a systematic approach. The primary legal materials include the 1945 Constitution of the Republic of Indonesia, particularly Article 33 paragraph (3), Undang-Undang Nomor 5 Tahun 1990 tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya as amended by Undang-Undang Nomor 32 Tahun 2024, as well as implementing regulations such as Peraturan Pemerintah Nomor 7 Tahun 1999 tentang Pengawetan Jenis Tumbuhan dan Satwa and Peraturan Pemerintah Nomor 8 Tahun 1999 tentang Pemanfaatan Jenis Tumbuhan dan Satwa Liar. The study also considers Indonesia’s international commitments within the framework of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The findings indicate that protected wildlife falls under the regime of state control based on the principle of the state’s right to control natural resources as stipulated in Article 33 paragraph (3) of the Constitution. Unauthorized ownership of protected wildlife constitutes a formal criminal offense, which is deemed complete at the moment a person possesses or maintains protected species without lawful authorization, without the need to prove concrete ecological damage. Socio-cultural reasons, tradition, or ignorance of the law do not qualify as justifications or excuses under Indonesian criminal law. From an environmental law perspective, illegal ownership contradicts the precautionary principle and the principle of sustainable development, as it has the potential to disrupt ecosystem balance and accelerate species extinction. Nevertheless, in practical law enforcement, the principle of proportionality must be applied by distinguishing between offenders involved in organized illegal wildlife trade networks and non-commercial individual offenders. Under certain circumstances, restorative justice may be considered as an alternative resolution, provided that ecological restoration is ensured and conservation objectives are not weakened. This study concludes that unauthorized ownership of protected wildlife by the public constitutes an unlawful act and must be regarded as a threat to the sustainability of national biodiversity. Firm, proportionate, and integrated law enforcement, combined with preventive approaches, is essential to achieving effective wildlife protection.

PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PENYEBARLUASAN PORNOGRAFI DENGAN MOTIF BALAS DENDAM (REVENGE PORN) DI MEDIA SOSIAL Jeani Aprilia Anggriani; M. D. Shodiq; Basuki Basuki
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 1 (2026): SINERGI : Jurnal Riset Ilmiah, January 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i1.2306

The phenomenon of the dissemination of pornographic content motivated by revenge (revenge porn) has become increasingly prevalent with the development of digital technology and social media in Indonesia. This pornography crime not only violates privacy but also constitutes a form of gender based violence that has serious impacts on the psychological, social, and economic well being of female victims. Although several regulations, such as the Electronic Information & Transactions Law (UU ITE) and the Pornography Law have been used to address this issue, the latter is not spesifically designed to regulate the dissemination of non consensual intimate content. This legal vacuum creates legal threats, difficulties in proving the truth, and a high risk of re-victimization for victims. This study analyze the handling of the crime of distributin grevenge pornography on social media and the legal protection for female victims of the distribution of revenge pornography on social media. The theories used in this study are legal protection theory and victimology theory. The method of research used is normative juridical legal research with a statutory, contextual, and case-based approach. Data were obtained through a literature review covering primary legal materials, secondary legal materials, and tertiary legal materials. Analyzed using grammatical, systematic, teleological, and official interpretation techniques. The results of this study empasizes the improtance of establishing specific regulations governing revenge porn, including the definiton of revenge porn, the element of non-consensual behavior, protection of victim identity, mechanisms for removing digital content, and the obligations of digital platforms to prevent the dissemination of content. A victim-centered approach is needed to promote comprehensive recovery and prevent discrimintion and negative stigma. Therefore, clearer, more assertive, and responsive legal reform is necessary to provide maximum protection for female victims of revenge pornography in Indonesia.

KEJAHATAN PENIPUAN DENGAN MODUS INVESTASI ILEGAL DALAM PERSPEKTIF KRIMINOLOGI Aliza Yohana Simatupang; Shodiq Shodiq; Basuki Basuki
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 2 (2026): SINERGI : Jurnal Riset Ilmiah, February 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i2.2386

The increasing incidence of fraud crimes employing illegal investment schemes has developed alongside changes in social, economic, and technological structures in modern society. These crimes demonstrate patterns of abuse of trust and manipulation of social relations carried out systematically and repeatedly. This research focuses on examining fraud crimes involving illegal investment schemes from a criminological perspective and on analyzing law enforcement responses to such offenses. The analysis is conducted using criminological theories and theories of law enforcement. This research employs normative legal research aimed at obtaining relevant data related to the research problems. The data used consist of secondary data in the form of primary, secondary, and tertiary legal materials, supported by primary data as a complement to the secondary legal materials. Data analysis is conducted using qualitative juridical analysis. The findings indicate that illegal investment fraud constitutes a form of modern economic crime carried out in a planned manner through the abuse of trust and manipulation of social relations. Law enforcement in this context remains predominantly legalistic and formalistic and has not fully positioned law as an instrument to serve human interests and protect victims of crime. This study suggests that law enforcement authorities should view illegal investment fraud as a systemic and organized economic crime, thereby necessitating stronger criminological analysis to dismantle criminal networks. Furthermore, law enforcement efforts should be directed not only toward the punishment of perpetrators but also toward the protection of victims and the recovery of their losses through strengthened regulation of digital investment activities and the adoption of more progressive, preventive, and adaptive approaches.

PEMBUKTIAN UNSUR PERSAMAAN PADA POKOKNYA DAN ITIKAD TIDAK BAIK DALAM UPAYA PEMBATALAN MEREK TERDAFTAR Arnold Arnold; Marni Emmy Mustofa; Basuki Basuki
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 2 (2026): SINERGI : Jurnal Riset Ilmiah, February 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i2.2405

Legal protection for trademarks in Indonesia still faces problems with trademark registration in bad faith that have substantial similarity with other parties' marks. The fundamental problem lies in the absence of clear objective parameters for determining the criteria of substantial similarity and bad faith, creating legal uncertainty in trademark cancellation efforts. This research examines two issues: first, what are the criteria for proving substantial similarity and bad faith in trademark cancellation cases; second, what is the ideal regulatory concept for proving these elements to strengthen legal certainty. The research employs theories of evidence, legal protection, and legal certainty and justice to analyze Supreme Court Decision Number 123 K/Pdt.Sus-HKI/2023 regarding the cancellation of "Cap Segi Tiga Intan + Logo" trademark. This research uses normative legal methods with statutory, conceptual, and case approaches. Secondary data consists of primary legal materials such as legislation and court decisions, secondary legal materials including books and scientific journals, and tertiary legal materials. Data collection through library research and analyzed qualitatively using systematic interpretation. The findings indicate that criteria for proving substantial similarity are conducted through three approaches: analysis of dominant elements, examination of overall mark impression, and evaluation of consumer confusion likelihood. Proving bad faith requires concrete evidence of unauthorized use of another party's product identity, chronological relationship of mark usage, and deliberate similarity. Normative gaps exist in the absence of objective parameters for examining these elements. The ideal regulatory concept includes six pillars: revision of Article 21 Elucidation of Trademark Law, issuance of Ministerial Regulation on substantive examination methods, issuance of Supreme Court Regulation on trademark dispute guidelines, enhancement of DGIP preventive function through technology and notification systems, establishment of alternative dispute resolution mechanisms, and harmonization with international standards. The research recommends that lawmakers revise evidentiary provisions, the Supreme Court issue examination guidelines, and DGIP improve substantive examination accuracy.

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