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All Journal Rechtsidee Jurnal Ilmiah Hukum LEGALITY JHR (Jurnal Hukum Replik) Indonesian Journal of Law and Policy Studies Audito Comparative Law Journal (ACLJ) Indonesia Law Reform Journal (ILREJ)
Catur Wido Haruni
Universitas Muhammadiyah Malang
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Putusan No.39/Pid.B/2015/PN/Sit Dalam Perkara Tindak Pidana Pembalakan Liar Ditinjau Dari Aspek Keadilan Aristo Arie Notoprojo; Sholahuddin Al-Fatih; Catur WIdo Haruni
Indonesia Law Reform Journal Vol. 2 No. 2: July, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (186.428 KB) | DOI: 10.22219/ilrej.v2i2.22262

Abstract

The Illegal logging is an organized illegal timber use activity. This crime is usually carried out by more than two people in a certain time for the purpose of destroying forests and selling wood products illegally. In Decision No.39/Pid.B/2015/PN.Sit the defendant Asyiani was dropped by a criminal witness of illegal logging thanks to a special criminal offense. Where the defendant has carried out illegal logging on Perhutani's land. The problem with this research is What is the basis for the judge's consideration in Decision No.39/Pid.B/2015/PN.Sit regarding the crime of illegal logging and How due to the law of Decision No.39/Pid.B/2015/PN.Sit about the crime of illegal logging is reviewed from the justice aspect. The research methods used are normative legal methods that use primary legal materials, secondary legal materials, tertiary legal materials and data analysis. The results of the study show less precisely the judge's consideration in the case against the defendant and the legal consequences reviewed from the aspect of pancasila justice were less appropriate because the defendant was given a probation sentence in which the criminal act of illegal logging was one special crime. The author's advice needs to be done with fair funding according to the crime committed by the defendant and this problem can be resolved by deliberation
Tinjauan Yuridis Sosiologis Pelepasan Hak Atas Tanah Adat Menjadi Sertifikat Hak Milik di Distrik Arso Kabupaten Keerom Provinsi Papua Rama Thimoty Sanjaya; Catur WIdo Haruni; Sholahuddin Al-Fatih
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (386.999 KB) | DOI: 10.22219/ilrej.v2i3.23558

Abstract

Part of the Keerom Regency area is a forest owned by the Keerom Indigenous people, in Articles 1 and 2 of the UUPA. the implementation of ulayat rights and similar rights of indigenous peoples, as long as in reality they still exist, must be so that they are in accordance with the national and state interests. The problem in this study is a sociological juridical review of the release of customary land rights into property rights certificates in Keerom Regency. This study raises the problem studied are, First how to release customary land rights to become property rights certificates. Second, what are the obstacles to releasing customary land rights into title certificates? Third, what are the efforts to overcome the obstacles to the Release of Customary Land Rights into Ownership Certificates in Keerom Regency? The research was conducted using a sociological juridical approach. Sources of data, primary data, secondary data, and tertiary flat. Data collection techniques are observation, interviews, and document studies. Based on the results of research and discussion; First, the transfer of rights carried out by indigenous peoples in Keerom Regency are of several kinds, namely; imnaway twa, Ken Baa, maafowor, Mararap Kambiswap, and Kin tuwri Ngkwaf. Second. obstacles, because customary land is not measured on the boundaries of the customary land. Third, to overcome obstacles, the Regional Government and Regency BPN must be active in conducting socialization with the community regarding the importance of registering land rights to ensure legal certainty. The author's suggestion in this study, the local government, and the customary council in Keerom Regency must make a regulation related to customary land so that customary land has legal clarity regarding land ownership.
Implementation of Legal Protection for the Poor to Get Health Services Sandika Sandika; Fitria Esfandiari; Catur Wido Haruni
Indonesian Journal of Law and Policy Studies Vol 3, No 2 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i2.7168

Abstract

ABSTRACT Legal protection of health services for poor patients is directed to be able to apply the principles of a comprehensive, integrated, equitable, and affordable. This is principally stated in Law 36/2009 on Health. However, services in the health sector as one of the implementations of legal protection, especially for the poor, are still not optimal. To overcome these problems, the authors provide two problem formulations, namely how the implementation of legal protection for the poor to obtain health services and how the government's efforts to provide legal protection for the poor to obtain health services. The research method used is a sociological juridical approach. Sources of data include primary and secondary data, data collection through interviews and further analysis. Based on the results of research and discussion, namely: First, the implementation of legal protection for the poor for health services has not run optimally. This is often found in the behavior of doctors who are less professional in serving the poor. Second, the government's efforts to provide protection to the poor have been implemented. One of them is the issuance of a health insurance card. This effort has a significant impact in its implementation so that it is more proactive in responding to health service problems experienced by poor patients.
Juridical Analysis of Presidential Term Extension Through Constitutional Amendment Rety Bella Octavya Zain; Catur WIdo Haruni; Sholahuddin Al-Fatih; Mohammad Al An'imat
Indonesia Law Reform Journal Vol. 3 No. 1 (2023): March, 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v3i1.24930

Abstract

One of the content materials in constitutional amendment process is Article 7 of 1945 Republic of Indonesia Constitution concerning the President's term of office being limited to only two terms. During the era of President Joko Widodo's leadership, the issue of extending presidential term into three terms resurfaced. This study raises the main issues studied are, First, how is the legal politics of extending the President's term of office in terms of the Presidential Government System. Second, what is the urgency of President's term extension in terms of the Presidential System. This research is a normative juridical research with legal materials. The approach method used is the statutory approach and the conceptual approach. This study uses a qualitative descriptive analysis technique. Based on the results of research and discussion, that First, legal politics in extending the presidential term of office, namely placing a place to filter leaders so they can advance in a direct democratic party has a logical consequence so that in a presidential system of government, the existence of political parties can certainly have an influence on support on every presidential policy taken. Second, the urgency of an extension of the term of office of President in terms of Presidential Government system, that there is no need to extend the term of office for three terms because it causes discontinuity regarding the terms of office of the President and Vice President in Indonesia in order to prevent authoritarianism. The advice from this paper is that the extension of the term of office of the President and Vice President is sufficient for 2 periods and there is no need for an extension of the term of office of the President for more than two consecutive terms, because it can lead to abuse of power.
Constitutionality of monitoring and evaluation of regional regulation drafts and regional regulations by Regional Representative Council Wido Haruni, Catur
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.20532

Abstract

This research examines the constitutionality and legal implications of the DPD's new powers and duties in monitoring and evaluating regional regulation drafts in terms of the function of the DPD. The research method uses a normative approach and qualitative descriptive analysis. The results of the research show that the addition of the authority and duties of the DPD to carry out monitoring and evaluation constitutionally has no legal basis so the arrangement can be deemed unconstitutional. On the other hand, if the new authority arrangement for the DPD is seen as not contrary to the Constitution, then this will set a precedent so that the addition of the authority of the Regional Representatives Council is not only within the purview of supervision but it can also be carried out within that of legislation, without making changes to the constitution and simply through the Law. In terms of the legal implications of the authority and a new task of DPD to set the scope of monitoring and evaluation, monitoring and evaluation models, and overlapping authorities to conduct monitoring and evaluation with those in the Central Government, DPD cannot give any follow-up to monitoring results. Thus, restructuring the tasks and authority of the DPD in the constitution and the statute is a must.
Implementation of Public Service Supervision Function in Government Agencies by the Ombudsman of The Republic of Indonesia Mamluatus Sa'adah; Catur Wido Haruni; Esfandiari, Fitria
Indonesia Law Reform Journal Vol. 4 No. 2 (2024): July, 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v4i2.32819

Abstract

Public service is an important part of government administration that directly impacts people's lives. The quality and effectiveness of public services are the most important factors influencing public satisfaction and faith in government. The Ombudsman of the Republic of Indonesia, an autonomous agency governed by Law Number 37 of 2008, regulates the delivery of public services in Indonesia. As a result, the purpose of this study is to discover and investigate the Ombudsman of the Republic of Indonesia's execution of the public service supervisory function in government agencies, as well as the challenges encountered and the efforts taken to overcome them. This study used the sociological juridical research approach. This study used primary data, specifically data obtained directly by researchers through in-depth interviews with the chairman and staff of the Ombudsman of the Republic of Indonesia, as well as secondary data, which included laws, documents related to public service supervision, and Ombudsman reports, to gain a better understanding of the supervisory function's implementation, which was then analyzed descriptively qualitatively. The study's findings shed light on the Ombudsman's implementation of the public service oversight function, including the challenges it faced and the measures made to overcome them. This study also makes recommendations for improving the efficacy of public service monitoring in government entities. This research is expected to help Indonesia create public service oversight rules and practices, allowing government agencies to improve public services to better fulfill the requirements of the population. Abstrak Pelayanan publik merupakan bagian penting dari administrasi pemerintahan yang berdampak langsung pada kehidupan masyarakat. Kualitas dan efektivitas pelayanan publik adalah faktor terpenting yang mempengaruhi kepuasan dan kepercayaan publik terhadap pemerintah. Ombudsman Republik Indonesia, sebuah lembaga otonom yang diatur oleh Undang-Undang Nomor 37 Tahun 2008, mengatur penyelenggaraan pelayanan publik di Indonesia. Oleh karena itu, tujuan penelitian ini adalah untuk menemukan dan menyelidiki pelaksanaan fungsi pengawasan pelayanan publik oleh Ombudsman Republik Indonesia di instansi pemerintah, serta tantangan yang dihadapi dan upaya yang dilakukan untuk mengatasinya. Penelitian ini menggunakan pendekatan penelitian yuridis sosiologis. Penelitian ini menggunakan data primer, khususnya data yang diperoleh langsung oleh peneliti melalui wawancara mendalam dengan ketua dan staf Ombudsman Republik Indonesia, serta data sekunder, yang meliputi undang-undang, dokumen terkait pengawasan pelayanan publik, dan laporan Ombudsman, untuk mendapatkan pemahaman yang lebih baik tentang pelaksanaan fungsi pengawasan, yang kemudian dianalisis secara deskriptif secara kualitatif. Temuan studi ini menjelaskan implementasi fungsi pengawasan layanan publik oleh Ombudsman, termasuk tantangan yang dihadapinya dan langkah-langkah yang dilakukan untuk mengatasinya. Studi ini juga memberikan rekomendasi untuk meningkatkan efektivitas pemantauan pelayanan publik di entitas pemerintah. Penelitian ini diharapkan dapat membantu Indonesia menciptakan aturan dan praktik pengawasan pelayanan publik, memungkinkan lembaga pemerintah untuk meningkatkan pelayanan publik untuk memenuhi kebutuhan penduduk dengan lebih baik.
The Concept of Legal Certainty in The Final and Binding Decision of The Election Manager Honorary Council (DKPP) Nisaq, Rista Choirun; Haruni, Catur Wido; Anoraga, Surya
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.29295

Abstract

The final and binding phrase on the DKPP decision in the provisions of Article 458 paragraph (13) of the Election Law was submitted for judicial review through the Constitutional Court decision Number RI 32/PUU-XIX/2021. In the provisions of Article 458 paragraph (13), the phrase final and binding means that the DKPP's decision can’t be submitted for legal effort. However, from the case of Evi Novida Eka Ginting, the Election Organizer Ethics Council (DKPP) decision can be submitted for legal effort. This has implications for the legal certainty of the final and binding phrase in the provisions of Article 458 paragraph (13). This research aims to analyze the final and binding decisions of the Election Organizer Ethics Council in terms of the Constitutional Court Decision Number.32/PUU-XIX/2021 and Law Number 7 of 2017 concerning Elections and to analyze the Election Organizer Ethics Council decisions. which is final and binding in terms of the aspect of legal certainty. The research method used is normative juridical. Based on the results of the research and discussion, First, viewed from the Constitutional Court decision no. 32/PUU-XIX/2021 the phrase "final and binding" in Article 458 paragraph (13) can be an object in the Administrative Court. What can be submitted is a legal effort, a lawsuit to the Administrative Court (PTUN) to cancel the Presidential Decree. Reviewed according to Law No.7 of 2017 concerning General Elections, Article 458 paragraph (13), the Election Organizer Ethics Council (DKPP) decision is final and binding, this means that the decision cannot be made to legal effort and directly can be held. Second, according to the principle of legal certainty, final and binding phrases cause legal uncertainty. Because the phrase is final and binding on the DKPP decision, it is interpreted that the Election Organizer Ethics Council (DKPP) decision can’t be made due to legal effort and must be held. So the final phrase in Article 458 paragraph (13) should be removed cause the meaning has multiple interpretations.    
Application of Capital Punishment for Narcotics Offenders in the Perspective of Responsive Law: Penerapan Sanksi Pidana Mati terhadap Pelaku Kejahatan Narkotika dalam Perspektif Hukum Responsif. Pahlevi, Muhammad Alief Yunas; Haruni, Catur Wido; Prasetyo, Said Noor
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1013

Abstract

This study employs a normative legal research method, grounded in the Nonet and Selznick theory of responsive law, to examine the implementation of capital punishment for narcotics offenders in Indonesia. Evaluating the punitive measures through the lens of responsiveness to societal goals, participation of vulnerable groups, and legal institutions' balanced response, the research highlights the need for a nuanced approach. Findings indicate that the current use of capital punishment lacks effectiveness and contradicts human rights principles. The study suggests a reassessment, prioritizing rehabilitation and decriminalization for a more humane and sustainable approach to combating narcotics trafficking. Highlights: The study reevaluates the application of capital punishment for narcotics crimes in Indonesia through the lens of responsive legal principles. Findings underscore the ineffectiveness of the current punitive measures and their conflict with human rights norms. The research advocates for a reconsideration of the approach, emphasizing rehabilitation and decriminalization to achieve a more humane and sustainable strategy against narcotics trafficking. Keywords: Capital Punishment, Narcotics Offenses, Responsive Law, Human Rights, Rehabilitation.
Co-Authors Al Thareq Nur Fauzi Aristo Arie Notoprojo Dewi Agustin Dwiyanti Dimas Fandikha Satria Fitria Esfandiari Hendra Saputra Jaya Jauhar Nashrullah Mamluatus Sa'adah Moh. Baris Siregar Mohammad Al An'imat Nisaq, Rista Choirun Pahlevi, Muhammad Alief Yunas Rama Thimoty Sanjaya Rety Bella Octavya Zain Risna Octavia Riza Umami Rizky Pratama Jawahir Said Noor Prasetyo Sandika Sandika Sayed Khalid Shahzad Sholahuddin Al-Fatih Surya Anoraga Surya Anoraga