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The Importance of Visum Et Repertum in the Crime of Serious Theft Vincentius Patria Setyawan
ARIMA : Jurnal Sosial Dan Humaniora Vol. 1 No. 2 (2023): November
Publisher : Publikasi Inspirasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62017/arima.v1i2.159

Abstract

The problem discussed in writing this article is the legal consideration of the panel of judges regarding post mortem et repertum in criminal acts of theft with violence that causes death. This problem was analyzed using normative legal research methods with a case approach to Decision Number: 208/Pid.B/2022/PN.Bdg. The technique for collecting legal materials in writing this article uses literature study of primary legal materials and secondary legal materials. The results of this research are that the importance of the existence of a post mortem et repertum is that law enforcement officers, especially judges, are not equipped with knowledge of forensic medicine, so in seeking material truth judges need to consider expert information contained in the visum et repertum. Apart from that, the post mortem et repertum in Decision Number: 208/Pid.B/2022/PN.Bdg is worthy of consideration in evidence because it is in accordance with the statements of the witnesses prese
URGENSI PENDIDIKAN ANTIKORUPSI TERHADAP PENCEGAHAN KORUPSI DALAM PENDIDIKAN DASAR Gregorius Widiartana; Vincentius Patria Setyawan
Jurnal Hukum Mimbar Justitia Vol 6, No 2 (2020): Published 30 Desember 2020
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v6i2.1352

Abstract

Corruption eradication in Indonesia is still not optimal and still prioritizes repressive actions against corruption cases that have occurred. The implementation of such efforts is ineffective in eradicating corruption because corruption has taken root in the legal culture of society. One of the ways that can be implemented in efforts to eradicate corruption is to prevent corruption which can be done by providing anti-corruption education, especially for students at the primary education level. Primary education is the focus of providing anti-corruption education because it is at this level that the character building of a person, and anti-corruption education is actually character education.                             Keywords : Corruption Prevention, Corruption Crime, Anti-Corruption Education.
Analysis of Forced Marriage as an Offense of Sexual Violence Chandera Halim; Vincentius Patria Setyawan
Jurnal Kewarganegaraan Vol 7 No 2 (2023): Desember 2023
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v7i2.5514

Abstract

Abstrak Fenomena pelaksanaan perkawinan secara paksa sebagai suatu fenomena sosial telah bergulir menjadi suatu fenomena hukum. Pemaksaan perkawinan dalam perkembangannya menjadi salah satu bentuk dari tindak pidana kekerasan seksual sebagaimana diatur di dalam Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual. Artikel ini akan menganalisis tentang pemaksaan perkawinan sebagai jenis dari tindak pidana kekerasan seksual. Fokus kajiannya adalah berkaitan dengan pengertian tindak pidana pemaksaan perkawinan dan bentuk pertanggungjawaban pidana bagi pelaku tindak pidana pemaksaan perkawinan. Hasil dari penelitian ini adalah tindak pidana pemaksaan perkawinan merupakan pelanggaran dari hak asasi manusia dan sebagai salah satu bentuk tindak pidana kekerasan seksual. Kata Kunci: Pemaksaan Perkawinan; Kekerasan Seksual; Pertanggungjawaban Pidana. Abstract The phenomenon of forced marriage as a social phenomenon has turned into a legal phenomenon. In its development, forced marriage has become a form of criminal sexual violence as regulated in Law Number 12 of 2022 concerning Criminal Sexual Violence. This article will analyze forced marriage as a type of criminal act of sexual violence. The focus of the study is related to the definition of the criminal act of forced marriage and the form of criminal responsibility for perpetrators of the criminal act of forced marriage. The results of this research are that the criminal act of forced marriage is a violation of human rights and is a form of criminal sexual violence. Keywords: Forced Marriage; Sexual Violence; Criminal Liability.
Legal Protection of Geographical Indications and the Realization of Community Welfare Vincentius Patria Setyawan
Jurnal Kewarganegaraan Vol 8 No 1 (2024): Juni 2024
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v8i1.6454

Abstract

Abstract Indonesia has a strategic geographical location, namely located between 2 (two) continents and 2 (two) oceans. The implication of Indonesia's strategic location geographically is that Indonesia has natural riches that are characterized by unique biodiversity, which is not found in any other country in the world. The advantages of Indonesia's natural wealth must be protected, in order to provide benefits, especially for the welfare of society. This article will discuss the protection of geographical indications as part of intellectual property rights to natural resources which should be utilized as much as possible for the welfare of society. This article was written using a type of normative legal research with a conceptual approach. The results of this research are that protection of geographical indications is protection of the economic rights of local communities in order to achieve community welfare. Keywords: legal protection, geographical indications, community welfare.
CONCEPTION OF ECOLOGY AS THE SUBJECT OF PROGRESSIVE LAW AND THE EMBODIMENT OF INTER-GENERATION JUSTICE Vincentius Patria Setyawan
Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i1.7546

Abstract

The unfinished discussion regarding progressive law is the subject of progressive law. Progressive law pays attention to the human aspects of judging and providing protection for entities that are "those who are weak" and need protection. Ecology is included in entities that require protection, so it has the potential to be conceptualized as a progressive legal subject. This article will analyze the potential of ecology as a subject of progressive law associated with the realization of inter-generational justice. The research method used in writing this article is a normative legal research method with a conceptual approach. The results of the analysis in this article show that ecology can be conceptualized as a progressive legal subject and in accordance with the embodiment of intergenerational justice. Ecology is not only needed by this generation but also needed by future generations.
Disrupsi Digital dalam Dunia Hukum : Bagaimana Kecerdasan Buatan Mengubah Praktik Hukum di Indonesia? Vincentius Patria Setyawan
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6213

Abstract

This paper examines the digital disruption brought by Artificial Intelligence (AI) and its transformative impact on legal practice in Indonesia. The objective is to analyze how AI is reshaping traditional legal workflows, from legal research and contract drafting to judicial decision support and predictive justice. Using a normative-juridical method with a qualitative approach, this study explores legal, ethical, and institutional implications related to the use of AI in the legal profession. The analysis is based on primary legal sources (statutory regulations) and secondary sources (scientific journals, reports, and expert opinions). Findings show that while AI offers efficiency and accessibility in legal services, it also raises significant challenges including accountability gaps, potential bias in algorithmic processes, and the weakening of human judgment in judicial procedures. The study concludes that Indonesia's legal system must establish clear regulatory frameworks and ethical guidelines to govern the use of AI in law. Such measures are essential to ensure that AI enhances, rather than undermines, justice and legal certainty
Analysis of Providing Protection to Children Who Are Victims of Sexual Violence Vincentius Patria Setyawan
ARIMA : Jurnal Sosial Dan Humaniora Vol. 1 No. 3 (2024): Februari
Publisher : Publikasi Inspirasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62017/arima.v1i3.923

Abstract

A crime that has been occurring recently and is a matter of concern is sexual violence. It is even more worrying because the majority of those who are victims of sexual violence are children. Children as the nation's next generation should receive protection in the process of their growth and development to become a superior generation. In this regard, it is important to analyze the regulations for providing protection for children who are victims of sexual violence. This research uses normative legal research methods with a conceptual approach. The results of this research are that the forms of legal protection that children who are victims of sexual violence need are legal assistance, rehabilitation, health services and social security in accordance with their physical, mental, spiritual and social needs. The obstacles that occur in providing protection to child victims of sexual violence can be classified as structural obstacles, substance obstacles, cultural obstacles, and infrastructure obstacles.
Digitization of Legal Philosophy from a Postmodernism Perspective Hyronimus Rhiti; Vincentius Patria Setyawan
Jurnal Kewarganegaraan Vol 4 No 2 (2020): Desember 2020
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v6i4.4467

Abstract

Abstract Digitalization in the era of the industrial revolution 4.0 also had an impact on the development of legal philosophy, especially towards postmodernism. The process of digitizing the modern world seems to have become a culture of all aspects of life which includes laws that are constantly developing towards post-modernity (after modernity). This article aims to explore the influence of the digitalization phenomenon on the development of legal philosophy, especially the postmodern school. This article is written using a normative legal research method with a conceptual approach. Data collection was carried out by means of a literature study. The results of the research in this article show that the development of the postmodernism school of legal philosophy produces a new school of "digimodernism" which is constantly developing and always in the process of dialecticization so that tracing the direction of its development requires a journey of thinking in the style of digitalization, breathing virtual but actually happening in legal reality. developed in human civilization. Keywords: Postmodernism, Digitalization, Digimodernism.
The Shift From Legal Certainty to Legal Utility in Indonesia’s Non-Conviction-Based Asset Forfeiture Regime Vincentius Patria Setyawan
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2218

Abstract

This article analyzes the shift in legal approach to addressing assets derived from corruption in Indonesia, from an orientation toward legal certainty to an emphasis on legal utility through the mechanism of non-conviction-based asset forfeiture (NCB). The research employs a normative juridical method using statutory, conceptual, and comparative approaches, supported by a literature review of national regulations, court decisions, and international practices, particularly in the United States and Australia. The findings indicate that NCB serves as an effective alternative instrument for recovering corruption-related assets that cannot be reached through conventional criminal proceedings, especially in cases where the perpetrator has died, fled, or cannot be held criminally liable. Although its implementation raises debates concerning legal certainty and the protection of property rights, this utility-based approach is considered more adaptive in supporting anti-corruption efforts and the recovery of state losses. Therefore, this study concludes that strengthening the national regulatory framework is necessary to balance substantive justice with the protection of human rights.