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LEGAL EFFECTS ON NATIONAL ECONOMY Yusep Mulyana
JEES: Journal of Economic Empowerment Strategy Vol. 3 No. 2 (2020): Volume 3 Number 2, August 2020
Publisher : Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jess.v3i2.4891

Abstract

Legislation plays an important role in the economic development of a nation, but that the law can play a role in providing legal certainty for economic operators, the government as policy makers in the field of law. Determination of investment legislation in an effort to create a climate of investment, beginning with the presence of the Capital Market Law normatively accommodates the various interests of foreign investors. For example, there is the provision and maintenance of non-discrimination given to local entrepreneurs or the arena of domestic market share, investment protection and guarantees against nationalization and export risk threats, as well as the guarantee of the right to transfer profits or dividends. And the right to carry out legal settlement through international arbitration. Law in economic development, there are five elements that must be developed in the economic development of the nation, namely stability, prediction, justice, education, and in particular the development of law graduates (special development ability of the prosecutor) and the law should also have the ability to give an exact picture in situations or a future relationship conducted in the present. Both have procedural capability. Legislation that directly or indirectly impact on the economy and the legal system must provide a balance in awareness efforts to implement economic development. This is where the law becomes a very important factor in relation to the legal protection afforded by a country for investment activities. As revealed by Erman Rajagukguk that the main factor for the law can play a role in economic development is whether the law is able to create "stability", "predictability" and "fairness". The first two are the prerequisites for any economic system functioning. Included in the stability function (stability) is a potential law to balance and accommodate competing interests. The legal system and legal regulations to provide protection will create predictability, fairness and efficiency for investors to invest their capital. Act Investment in efforts to create an investment climate begins with Act Capital Markets normatively accommodate the interests of foreign investors and the legal concept as the basis for economic development, namely predictability, the ability procedural codification goals, education, the balance, the definition and clarity of status and accommodation
Ethics and Law for the Use and Development of Artificial Intelligence Technology H. Yusep Mulyana
East Asian Journal of Multidisciplinary Research Vol. 2 No. 11 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/eajmr.v2i11.2947

Abstract

The development and use of Artificial Intelligence is growing exponentially, resulting in various implications in multi-sectors such as misuse of personal data, assessments prone to bias, uncontrolled automation, etc.) There is a legal vacuum (absence of law) in the use of Artificial Intelligence, so ethical principles of use are needed as a basis for developing a legal framework for Artificial Intelligence in the form of international conventions (law making treaties). Ethics and Law for the Use and Development of Artificial Intelligence Technology is that the use of AI can be an alternative and new breakthrough as an effort to prevent and minimize violations of ethical codes such as by public auditors. In the audit process, AI is designed to collect and determine data dynamically and then process the data to detect fraud in a relatively shorter time and with a higher level of accuracy than auditors in general. However, in the audit process carried out by AI, if viewed from the law enforcement factor, it cannot be said to be a legal subject because the requirements for law enforcement factors, namely facilities and facilities, have not been fulfilled.
Review of the Implementation of the Criminal Justice Process in Sexual Violence Cases: Case Studies in District Courts Mulyana, Yusep; Rosmini, Sitti; Cindrapole, Andi Cakra; Zuraidah, Zuraidah; Lestahulu, Ridwan Fauzy
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.840

Abstract

Background. The background research on the review of the criminal justice process in cases of sexual violence is highly relevant as these cases often cause controversy and concern in society. These cases not only damage individuals physically and psychologically, but also make people distrust the justice system. It is imperative to evaluate how the criminal justice process is carried out in dealing with sexual violence cases in the District Court, where such cases are processed. Purpose. This study aims to evaluate the effectiveness and efficiency of the criminal justice process in cases of sexual violence in the District Court. This case study also identifies key stages in handling sexual violence cases, from investigation to final decision. An additional objective of this study was to discover obstacles that may be encountered in the implementation of the criminal justice process. Method. Qualitative field research is used. Data will be collected through direct observation of the criminal justice process in sexual violence cases at the District Court, interviews with judges, prosecutors, lawyers, and other parties related to the case, and analysis of documents relating to sexual violence cases that have been processed. Results. The research shows that despite efforts to improve the criminal justice process in sexual violence cases at the District Court, there are several issues that need to be addressed. The results showed that some cases were delayed, there was a lack of support for victims, and sometimes disagreements between the law enforcement agencies involved. However, it was also found that positive progress has been made to improve the efficiency and effectiveness of the criminal justice process in sexual violence cases. Conclusion. This research found that, although there are obstacles and barriers in carrying out the criminal justice process in sexual violence cases in the District Court, there is still room for improvement and reform. To ensure justice for all parties involved in sexual violence cases, better collaboration between relevant institutions, better support for victims, and strengthening of legal procedures are needed.
Penegakan Hukum Bagi Pengguna Aplikasi Michat Sebagai Sarana Tindak Pidana Prostitusi Online Dikaitkan Dengan UU Republik Indonesia Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik Yuni Shaputri, Siti Nurewah; Mulyana, Yusep
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2244

Abstract

The city of Bandung is one of the regions in Indonesia where the practice of online prostitution or the crime of human trafficking is rampant. Business people take advantage of accommodation facilities in the city of Bandung. The perpetrators took advantage of the ease of access to communicate by using the Michat application with fellow users who were located relatively close by. This business uses it as a service offering sexual services to potential consumers or users of the same application. The analytical tool used is legal interpretation, namely legal interpretation. Legal interpretation or legal interpretation itself is an effort to explain, explain, confirm both in a broad and narrow sense the existing legal understanding to use it to solve the problem being faced. The results of the research show that the regulation regarding the Michat application as a criminal act of online prostitution is determined in Article 27 paragraph (1) of Law Number 1 of 2024 because the seller or alter deliberately uses the MiChat application to promote sexual services by broadcasting electronic information which clearly has content that violates decency. Proof for perpetrators of criminal acts on the Michat application is that chat history, profile photos and other information obtained from the MiChat application can be used as valid legal evidence as stipulated in Article 5 of Law Number 1 of 2024. And the efforts made by the government for users The Michat application is a preventive effort carried out to prevent the practice of online prostitution, and a repressive effort carried out by closing localization places in various regions, imprisoning (ultimatum remndium) for commercial sex workers for violating Article 27 paragraph (1) of the Law Number 1 of 2024.
The Role of Restorative Justice in Handling Corruption Crimes H Yusep Mulyana; Andi Kurniawan
Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/nretpa14

Abstract

Restorative justice is an alternative approach in the criminal justice system that focuses on recovering losses due to criminal acts, including corruption. This approach emphasizes the involvement of perpetrators, victims, and the community in finding fair solutions and prioritizing recovery for the impacts caused. This study discusses the role of restorative justice in dealing with corruption crimes by analyzing its effectiveness, challenges, and application in the legal system in Indonesia. With a juridical-normative method and a qualitative approach, this study finds that restorative justice can be an instrument that complements the retributive approach, especially in the recovery of state assets and the prevention of repeated corruption. However, its implementation faces obstacles in the form of regulations that are not comprehensive and resistance in the application of restorative justice for corrupt actors. This study emphasizes the importance of policies that support the application of restorative justice in corruption cases to increase the effectiveness of law enforcement and provide broader benefits to society and the state.
ASPEK HUKUM PENGGUNAAN TANDA TANGAN DIGITAL DALAM TRANSAKSI BISNIS Mulyana, Yusep
VARIA HUKUM Vol. 2 No. 1 (2020): VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan
Publisher : Ilmu Hukum, Sharia and Law Faculty, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/vh.v2i1.12557

Abstract

The legal power of digital signatures in business transactions is the Law of the Republic of Indonesia Number 11 of 2008 concerning Electronic Information and Transactions, which explicitly acknowledges that electronic signatures have legal force and legal consequences as long as the electronic signature follows the requirements stated in Article 11 of the ITE Law which is a minimum requirement and must be met in every electronic signature creation, the level of security of an electronic signature will be guaranteed if it has an electronic certificate containing the information or identity of the user, the electronic certificate is obtained on the basis of an application to the Certification Authority (CA) by the user (subscriber) . Dispute Resolution in the Use of Digital Signatures in business transactions is based on the agreement of both parties regarding the choice of law and the institution that resolves the problems that occur. 
Legal Transformation in the Perspective of Criminology and Victimology as a Victim Protection-Based Crime Prevention Strategy Nanindya Nataningrum; H. Yusep Mulyana
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 2 (2025): June : International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i2.183

Abstract

The current criminal law system is still oriented towards the perpetrator, with minimal protection for victims. Ideally, the law should prioritize justice for victims through a criminological and victimological approach. Therefore, legal reform, officer training, and integrated services are needed so that crime prevention is more effective and just. This study aims to explore the transformation of criminological and victimological perspectives that can be the basis for developing a crime prevention strategy based on victim protection.method uses a descriptive qualitative approach to explore the transformation of criminology and victimology perspectives in crime prevention strategies based on victim protection. Data were collected through literature studies and analyzed thematically. The results are expected to provide conceptual and practical recommendations to strengthen the legal system and social policies that are responsive to victims.The results of this study show that the transformation of criminological and victimological perspectives reflects a shift from a perpetrator-centric legal approach to a more holistic and victim-centric one. This integration strengthens the legal system and social policies to better protect, restore and empower victims, and to develop effective crime prevention strategies. With a more humane and restorative justice approach, this transformation becomes an important foundation for reducing crime rates and forming responsive and sustainable public policies.
Efforts of Counterfeiting Criminal Acts Passport Identity Mulyana, Yusep
International Journal for Educational and Vocational Studies Vol. 2 No. 8 (2020): August 2020
Publisher : Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/ijevs.v2i8.2761

Abstract

Efforts Made to Overcome Counterfeiting Crimes in the Passport Making System is the Imposition of criminal sanctions related to immigration criminal acts can be carried out effectively if the government conducts effective supervision and legal action against individuals, corporations and officials of relevant government agencies involved in activities that lead to the criminal act of immigration by imposing the maximum sanctions both imprisonment and fines, another effort is by the application of biometric technology, different from the previous technology that separates the making of photographs and fingerprints.Biometric technology can narrow the process within minutes connected online with the central office as a storage of biometric data (face and fingerprint) and between immigration offices to prevent the acquisition of multiple passports to the same person because they have multiple identity documents, the passport data is not necessary again sent to Kemkumham, because the data has been centralized online.
The Constitutional Court's Position as the Guardian of the Constitution: Between Independence and Political Intervention Narwadan, Theresia Nolda Agnes; Mulyana, Yusep; Fauzan, Fauzan
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.427

Abstract

This study discusses the position of the Constitutional Court (MK) as the guardian of the constitution in facing the dilemma between independence and political intervention. Using the Systematic Literature Review (SLR) approach by searching 915 articles, this study succeeded in identifying 50 relevant articles which were then analyzed thematically. The results of the study show that the independence of the Constitutional Court is still vulnerable to political pressure, both through the mechanism of appointment of judges, revisions of the Constitutional Court Law, and the practice of non-procedural dismissal. This phenomenon is in line with the global pattern of democratic backsliding that has also occurred in other countries such as Hungary, Turkey, and Poland, where the constitutional judiciary is weakened through court-packing strategies and legislative control. The main findings of the study confirm that controversial decisions, such as Decision No. 90/PUU-XXI/2023, have a direct impact on the legitimacy of the Constitutional Court in the eyes of the public and cause debates regarding ethics and conflicts of interest. The recommendations offered include reforming the merit-based selection mechanism of judges, protecting the term of office from political interference, and strengthening external oversight based on public participation. Thus, this study emphasizes the importance of adaptive and transparent institutional design so that the Constitutional Court is able to carry out its optimal role as the guardian of the constitution in maintaining the rule of law and democratic integrity in Indonesia.
MENGKAJI EFEKTIVITAS REHABILITASI MEDIS DAN SOSIAL DALAM PENANGGULANAGAN PENYALAHGUNAAN NARKOTIKA Putri, Amanda Valentina; Yusep Mulyana
Journal of Innovation Research and Knowledge Vol. 5 No. 4: September 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Penyalahgunaan narkotika merupakan permasalahan serius yang berdampak luas terhadap individu dan masyarakat, baik dari aspek kesehatan, sosial, maupun hukum. Pemerintah telah mengadopsi pendekatan rehabilitasi medis dan sosial sebagai strategi utama dalam menangani ketergantungan narkotika, sebagaimana diatur dalam Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika. Namun, efektivitas program rehabilitasi dalam mengurangi ketergantungan serta keberlanjutan pemulihan pascarehabilitasi masih menjadi tantangan besar. Banyak mantan pengguna mengalami kesulitan dalam mempertahankan pemulihan mereka akibat stigma sosial, kurangnya dukungan ekonomi, dan keterbatasan akses terhadap layanan kesehatan mental. Penelitian ini bertujuan untuk menganalisis efektivitas program rehabilitasi medis dalam mengurangi ketergantungan narkotika serta mengevaluasi keberlanjutan pemulihan setelah rehabilitasi. Metode yang digunakan dalam penelitian ini adalah yuridis normatif dengan pendekatan literature review, yang mengkaji berbagai peraturan hukum, teori ahli, dan penelitian terdahulu terkait rehabilitasi narkotika. Hasil penelitian menunjukkan bahwa rehabilitasi medis, yang mencakup detoksifikasi dan terapi farmakologis, terbukti efektif dalam menekan ketergantungan zat, terutama jika diikuti dengan terapi psikososial. Namun, pemulihan yang berkelanjutan memerlukan dukungan terutama dalam aspek sosial dan ekonomi. Faktor seperti dukungan keluarga, akses ke lapangan kerja, serta partisipasi dalam komunitas pemulihan berperan penting dalam mencegah relapse. Kendala utama dalam implementasi rehabilitasi sosial meliputi stigma masyarakat, minimnya program reintegrasi, serta kurangnya akses terhadap layanan kesehatan mental bagi mantan pengguna. Oleh karena itu, diperlukan kebijakan yang lebih inklusif dan pendekatan yang lebih komprehensif untuk memastikan bahwa rehabilitasi tidak hanya efektif dalam mengatasi ketergantungan, tetapi juga mampu memberikan kesempatan kedua bagi mantan pengguna untuk hidup produktif dan bebas dari penyalahgunaan narkotika.