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All Journal Legal Standing : Jurnal Ilmu Hukum Yustisia Merdeka : Jurnal Ilmiah Hukum Jurnal Daya Mas : Media Komunikasi dan Informasi Hasil Pengabdian dan Pemberdayaan Masyarakat Fundamental : Jurnal Ilmiah Hukum Justice Voice Journal of Global Pharma Technology Blantika : Multidisciplinary Journal QOSIM: Jurnal Pendidikan, Sosial & Humaniora Jurnal Jurisprudence Muwafaqat: Journal of Islamic Law Sharia Oikonomia Law Journal Proceeding International Conference Restructuring and Transforming Law
Sarjiyati Sarjiyati
Faculty Of Law, Universitas Merdeka Madiun, Indonesia
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Public Health Social Sciences

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Legal Analysis of the Termination of Prosecution Based on Restorative Justice in the Indonesian Criminal Justice System Alfi Izza Haryansyah; Sarjiyati; Meirza Aulia Chairani
Muwafaqat: Journal of Islamic Law Vol. 2 No. 1 (2026): Muwafaqat: Journal of Islamic Law (inpress)
Publisher : Cv. Kayaswara, Indonesia

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Abstract

Purpose of the study: The legal regulation of termination of prosecution based on restorative justice, the position and authority of the Prosecutor's Office in exercising that authority, and the conformity of the policy with the theories and purposes of punishment in Indonesian criminal law. Methodology: The study employs normative legal research using a statutory approach and a conceptual approach. Primary, secondary, and tertiary legal materials were collected through library research and analysed qualitatively with deductive reasoning. Main Findings: The regulation of termination of prosecution based on restorative justice is layered: its legitimacy is drawn from the opportunity principle in Article 30B of Law No. 11 of 2021, while operational norms are contained in Prosecutor's Regulation No. 15 of 2020 and Attorney General's Regulation No. 8 of 2021, both policy regulations (beleidsregel) outside the hierarchy of legislation under Law No. 12 of 2011. The Prosecutor's Office exercises authority as dominus litis through a tiered mechanism bounded by cumulative formal and material requirements. The policy is coherent with relative and integrative theories of punishment and with the purposes of punishment adopted in the new Criminal Code, though it cannot be justified through absolute theory. Novelty/Originality of this study: This study situates restorative-justice-based prosecution termination at the intersection of prosecutorial discretion, criminal law theory, and regulatory hierarchy in Indonesia. It advances existing knowledge by exposing the formal fragility of a substantively justified practice and offering concrete recommendations for statutory anchoring in the forthcoming Criminal Procedure Code, uniform assessment parameters, an objection mechanism for the parties, and external oversight, addressing persistent legal uncertainty in Indonesian criminal justice reform.
Implementation of Regional Regulation Number 13 of 2012 Concerning Waste Management in Ngawi Regency Indonesia Vikesta Santiana Eka Saputri; Sarjiyati; Taufiq Yuli Purnama
Blantika: Multidisciplinary Journal Vol. 4 No. 6 (2026): Special Issue
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/blantika.v4i6.523

Abstract

This study shows that the implementation of Regional Regulation of Ngawi Regency, Indonesia, Number 13 of 2012 concerning Waste Management has been carried out fairly well, although it still faces various obstacles. This study aimed to analyze the implementation of waste management policies and identify the supporting and inhibiting factors in Ngawi Regency, Indonesia. The method used was empirical legal research with a qualitative descriptive approach. Data were obtained through interviews with the Ngawi Regency Environmental Agency and literature studies consisting of laws and regulations, scientific journals, and official local government documents. Policy implementation was carried out through direct and indirect socialization, the establishment of 86 waste banks and 12 Tempat Pengolahan Sampah Reduce, Reuse, Recycle (TPS3R), the provision of supporting facilities, and the strengthening of derivative regulations related to restrictions on the use of single-use plastics. Supporting factors included increased public awareness, the commitment of regional leaders, and the involvement of external partners, such as schools, micro, small, and medium enterprises (MSMEs), companies, and communities. Meanwhile, inhibiting factors included low awareness among some members of the community, budget limitations, uneven waste transportation services, and high investment costs for modern waste processing technology. This study concludes that the effectiveness of policy implementation still requires stronger resources, equitable distribution of waste services, increased institutional capacity, and sustainable community education to realize integrated and sustainable waste management.
Legal Protection for the Community of Kedungputri Village, Paron Subdistrict, Ngawi Regency Against River Pollution Caused by Tofu Industry Waste Mayang Widianti; Anik Tri Haryani; Krista Yitawati; Sarjiyati
Blantika: Multidisciplinary Journal Vol. 4 No. 6 (2026): Special Issue
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/blantika.v4i6.524

Abstract

This study aims to analyze the form of legal protection for communities around river areas affected by pollution caused by the tofu manufacturing industry and the factors that hinder its implementation. This study (Legal Protection For The Community of Kedungputri Village, Paron Subdistrict, Ngawi Regency Against River Pollution Caused By Tofu Industry Waste) uses a normative legal method with a statutory approach and a conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials obtained through literature study. The analysis of legal materials was conducted qualitatively using a prescriptive analytical method. The results of the study indicate that legal protection for the community can be provided through preventive and repressive measures. Preventive protection is carried out through obligations to manage waste, the provision of Wastewater Treatment Plant (WWTP) facilities, as well as supervision and guidance by the authorized regional government. Repressive protection is carried out through the application of administrative sanctions against perpetrators of pollution and the obligation to restore the environment in accordance with applicable laws and regulations. Obstacles in the implementation of legal protection include low levels of compliance by business actors with environmental regulations, limited waste treatment facilities, low public awareness, cultural factors that prioritize deliberation, and suboptimal enforcement of sanctions against environmental violations in the area.
EMPIRICAL ANALYSIS OF LEGAL PROTECTION AND DEFAULT DETERMINANTS IN CONSTRUCTION CONTRACTS: A CASE STUDY OF PT. DASH LEBANG PERKASA Zulfikar Andi Makmur; Sarjiyati Sarjiyati; Taufiq Yuli Purnama
Sharia Oikonomia Law Journal Vol. 4 No. 3 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v4i3.4098

Abstract

The construction industry plays a strategic role in national infrastructure development, yet service providers often face legal vulnerabilities due to imbalanced contractual relationships with project owners. This study aims to analyze the forms of legal protection afforded to construction service providers and to identify the determinants of default (wanprestasi) in construction work contracts, with PT. Dash Lebang Perkasa as the case study. Employing an empirical legal research design (normative-empirical), this study utilizes a statute approach and a conceptual approach, drawing on primary legal materials, secondary literature, and empirical field data spanning from 2019 to 2025. The findings reveal that legal protection operates through three interconnected dimensions: regulatory-substantive protection grounded in the Indonesian Civil Code and Law Number 2 of 2017 on Construction Services; contractual protection through meticulously drafted clauses on payment mechanisms, variation orders, force majeure, and retention funds; and procedural protection fortified by the company's legal transformation from a partnership (CV) to a Limited Liability Company (PT) in 2023. Meanwhile, default determinants are multi-causal, encompassing internal factors (time management, human resource limitations, insufficient capital buffers, and logistics weaknesses) and dominant external factors, particularly delayed milestone payments by project owners that paralyze operational cash flow. This study contributes to construction law literature by offering a comprehensive framework for equitable contractual risk management.
Legal Construction of Judge Rule Number: 798 / Pid.B / 2022 / Pn.Jkt.Sel Justice Collaborator against Police Status Position Bharada Eliezer Meirza Aulia Chairani; Trinah Asi Islami; Gustavo Marcos; Sarjiyati Sarjiyati; Angga Pramodya Pradhana
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Purpose: The purpose of this study is to determine the position of Bharada Eliezer against Decision Variety; 798/Pid.B/2022/PN.Jkt.Sel related to Justice Collabolator police status position and the Police Code of Ethics Decision related to Bharada Eliezer's Police Status. Methodology: This research makes use of a normative juridical research method, a conceptual technique, and a statutory technique. Results: Basically a person who commits a criminal offence of taking the life of another person is a violation of human rights and deprivation of the right to life especially when the person who commits the murder is a law enforcer and remains a member of the police, but in this case with the consideration of the judge and the consideration of the official in charge of the KKEP hearing because the perpetrator is submitted as a justice collaborator feared by irresponsible parties abused. Applications of this study: Provide input to all members of the National Police so as not to commit acts that violate the laws and regulations and the code of ethics of the police profession and tarnish the good name of the police organization or agency. Novelty/Originality of this study: There is a need to update the requirements and guidelines for justice collaborators because some criminal offenses that harm the state and extraordinary crimes really need justice collaborators to shed light on a criminal offense that was initially blurred in the facts.
Co-Authors Alfi Izza Haryansyah Angelica Fanny Christiana Angga Pramodya Pradhana Anggun Enggar Pratiwi Anik Tri Haryani Anik Triharyani Arini Wildaniyati Bambang Sukarjono Eko Muhyani Enda Warna Dyah A Endang Murti Fathkurrohman Faturrahman Galuh Ayu Rahmawati Gustavo Marcos Heru Santoso Wahito Nugroho Izyan Farhana Zulkarnain Izyana Farhana Zulkarnain Khudzaifah Dimyati Krista Yitawati Mayang Widianti Meirza Aulia Chairani meirza aulia chairani Miftahul Nur Azizah Nindita Galuh Junika Auria Pramesti Retno Iswati Septiana Widya Handayani Sigit Sapto Nugroho Sigit Sapto Nugroho Susiani Tri Wahyuningsh Tanawat Sirichai Taufiq Yuli Purnama Trinah Asi Islami Vikesta Santiana Eka Saputri Vivi Frita Trisnani Yuan Salsabilla Rosada Yuni Purwati Zainal Arifin Zulfikar Andi Makmur