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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Akta al-Afkar, Journal For Islamic Studies Awang Long Law Review Unes Law Review Jurnal Hukum Positum PALAR (Pakuan Law review) Pena Justisia: Media Komunikasi dan Kajian Hukum Res Nullius Law Journal INFOKUM JURNAL USM LAW REVIEW Jurnal Darma Agung Jurnal Scientia Jurnal Pengabdian kepada Masyarakat Nusantara COMMUNITY : Jurnal Pengabdian Kepada Masyarakat Fox Justi : Jurnal Ilmu Hukum Jurnal Info Sains : Informatika dan Sains Khidmatuna : Jurnal Pengabdian Kepada Masyarakat Action Research Literate (ARL) Law Development Journal Pemuliaan Hukum Pakuan Justice Journal of Law (PAJOUL) NUSANTARA: Jurnal Pengabdian Kepada Masyarakat Bacarita Law Journal Jurnal Sosial dan Sains Jurnal Indonesia Sosial Teknologi Jurnal Multidisiplin Sahombu Kreativitas Pada Pengabdian Masyarakat (Krepa) Jurnal Pengabdian Masyarakat Nian Tana Journal of Law and Social Politics Jurnal Hukum Mimbar Justitia Rechtsvinding Jurnal Sakato Ekasakti Law Review Lex Scientia Law Review
Sihombing, L. Alfies
Universitas Pakuan
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Application of the Principle of Legal Certainty in the Execution of an Arbitral Award in Indonesia Vivi Vivi; L.Alfies Sihombing; Yeni Nuraeni
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 6 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i6.1139

Abstract

In principle, the legal system regulates the life of a community so that conflicts do not occur, although often these conflicts cannot be avoided, a principle of legal certainty is needed in resolving disputes through arbitration and how the execution of an arbitral award in Indonesia can be applied or implemented. The legal system has an important role to play in resolving these conflicts. The legal system in the judicial world has a major influence in the application of law, especially for judges in examining and deciding a case. Judges in deciding a case will definitely pay great attention to the legal system in their jurisdiction. In addition, the Panel of Judges uses the decisions of other judges who decide cases whose substance in principle has similarities to be used as a reference and consideration in deciding a case.
Analysis of Adjudicative Authority in Regional Election Disputes: A Case Study of the Cianjur Regency Regional Election Dispute Based on Law Number 10 of 2016 and Its Amendments on the Election of Governors, Regents, and Mayors Sinaga, Dahman; Nuraeni, Yeni; Sihombing, Lasmin Alfies
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.51409

Abstract

The administration of regional head elections (Pilkada), as a manifestation of popular sovereignty, requires a dispute resolution mechanism that ensures justice and legal certainty. However, Law No. 10 of 2016 distributes dispute resolution authority among several institutions, which in practice creates the potential for jurisdictional conflicts. This study examines the problem of overlapping authority between the General Courts in handling electoral criminal offenses and the Constitutional Court in resolving disputes over Pilkada results. The objective of this research is to analyze juridically the source of the conflict of authority and its impact on legal certainty, with a case study of the Cianjur Regency Pilkada. The findings indicate that the fragmented attribution of authority under Law No. 10 of 2016 does not provide a synchronization mechanism between criminal judgments that have obtained permanent legal force (inkracht) and decisions on election result disputes (PHPU) that are final and binding. This condition produces a dualism of contradictory legal truths between the District Court and the Constitutional Court. Consequently, it leads to legal uncertainty and the potential delegitimization of Pilkada results. This study recommends the establishment of a specialized Pilkada court to comprehensively integrate all dispute resolution regimes.
ELECTRONIC TRAFFIC LAW ENFORCEMENT AND TRAFFIC LAW ENFORCEMENT Ori Va Malquna; Alfies Sihombing; Yeni Nuraeni
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.2048

Abstract

This research is a normative legal study that analyzes the effectiveness of implementing the Electronic Traffic Law Enforcement (ETLE) system in combating traffic and road transport violations (LLAJ) in Indonesia based on Law Number 22 of 2009 and Government Regulation Number 80 of 2012. The study's focus is directed toward the suitability of implementing ETLE with Article 272 of the Road Traffic and Transportation Act (UU LLAJ), which legitimizes the use of electronic equipment as an aid in enforcing traffic laws. The research method used is normative juridical with a legislative and conceptual approach. The research results indicate that the ETLE system is partially effective in improving public compliance with traffic regulations and reducing extortion practices thru technology-based enforcement and electronic evidence. However, the effectiveness of ETLE implementation still faces several obstacles, including limited supporting infrastructure, suboptimal integration of vehicle ownership data, and low public understanding of ETLE procedures. Therefore, it is necessary to strengthen technical regulations, improve infrastructure quality, and optimize public socialization to support the sustainable effectiveness of technology-based traffic law enforcement.
Optimizing Digital Forensics for Effective Cybercrime Law Enforcement in Indonesia Lilik Prihatini; Lasmin Alfies Sihombing; Yeni Nuraeni
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.443-457

Abstract

This study aims to analyze the optimization of digital forensic technology in enhancing the effectiveness of cybercrime law enforcement. The research method used a descriptive-analytical qualitative approach, involving in-depth interviews with cybercrime investigators, digital forensic experts, and legal practitioners, as well as documentation studies and non-participatory observations in digital forensic laboratories. The data were analyzed using an interactive analysis model to ensure the validity and reliability of the findings through triangulation techniques. The novelty of this research lies in its focus on the practical integration of digital forensic technology within law enforcement processes, particularly in examining the relationship between technological capability, human resource competence, and regulatory readiness in supporting cybercrime investigations. The findings reveal that the effectiveness of law enforcement is strongly influenced by the quality of digital evidence handling, the availability of standardized forensic procedures, and cross-sector collaboration among institutions. Furthermore, this study identifies those technological disparities, limited institutional capacity, and the lack of continuous training programs significantly affect the consistency and accuracy of investigation outcomes. Based on the research, it is concluded that optimizing digital forensic technology requires strengthening institutional capacity, improving investigator competence, enhancing infrastructure, and developing more responsive and integrated legal frameworks to ensure effective, accountable, and sustainable cybercrime law enforcement.
Reconstructing Global Health Law Post-Pandemic: Juridical Analysis of IPR and Equitable Access under WHO Pandemic Treaty Salma Farha Nabila; Lasmin Alfies Sihombing; Yeni Nuraeni; Yenny Febrianty
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.458-472

Abstract

This study examines the juridical architecture of global health law in the post-pandemic context, focusing on the tension between intellectual property rights (IPR) protection and equitable access to medical resources. The COVID-19 pandemic exposed structural weaknesses and inequalities in global health governance, particularly in the distribution of vaccines and essential medical technologies. This research aims to analyze how the evolving WHO Pandemic Treaty framework can serve as an integrative legal instrument to reconcile these competing interests. The study employs a normative juridical method using statutory, conceptual, and case-based approaches, supported by qualitative legal analysis and the IRAC method to structure legal reasoning. The findings reveal that the current global health law architecture remains dominated by the IPR regime, which prioritizes innovation protection but inadequately ensures equitable access, especially for developing countries. Furthermore, mechanisms such as TRIPS flexibilities have not been effectively operationalized due to political, structural, and institutional constraints. The study also finds that global responses during the pandemic were shaped by power asymmetries and economic capacity rather than public health needs, leading to systemic inequities. As a novel contribution, this research highlights the potential of the WHO Pandemic Treaty as a transformative legal framework capable of integrating distributive justice principles, strengthening IPR flexibilities, and establishing binding obligations for equitable access. However, its effectiveness depends on robust normative design, enforceability mechanisms, and sustained political commitment from member states.
Analysis of Corporate Criminal Liability in Consumer Protection Crimes in Indonesia after the Enactment of Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code Andreas Daniel Libri Anugrah Situmeang; Lasmin Alfies Sihombing; Yeni Nuraeni
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.750-772

Abstract

The practice of abusing the corporate veil as a shield for organized economic crime has caused massive losses to consumers and created serious loopholes for impunity for the intellectual actors involved. Therefore, this study aims to analyze the urgency of expanding the Piercing the Corporate Veil doctrine from the civil realm into criminal law as a progressive law enforcement instrument. In addition, this study also aims to formulate a model of criminal liability that is capable of ensnaring the actual beneficial owners in order to optimize restorative justice and restitution for the victims. To answer these questions, this study uses a normative juridical research method using a legislative and conceptual approach that is analyzed qualitatively and normatively based on a literature review. The extension of the Piercing the Corporate Veil (PCV) doctrine into the realm of criminal law through Law Number 1 of 2023 marks a fundamental transformation in prosecuting intellectual actors and beneficial owners behind corporate crimes. This extension effectively dismantles the limited liability immunity that is often abused, thereby providing a strong legal basis for the application of restorative justice through the optimization of asset restitution for victims of consumer protection crimes. Ultimately, the success of implementing this new paradigm depends heavily on cross-institutional synergy among law enforcement agencies in tracking assets and promoting a culture of corporate compliance in order to create an accountable business ecosystem.
Legal Protection for Doctors in Performing Medical Actions after the Enactment of Law of the Republic of Indonesia Number 17 of 2023 concerning Health at Siloam Hospital, Bogor City Frieda Krisnawaty; L. Alfies Sihombing; Yeni Nuraeni
Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i3.120

Abstract

Objective: This study aims to analyze the construction of legal protection for medical personnel and the pattern of hospital accountability in the implementation of medical actions after the enactment of Law Number 17 of 2023 concerning Health. Methods: The method used is normative juridical with an empirical approach through literature studies, analysis of laws and regulations, and interviews. Results: The results of the study show that the legal protection of medical personnel has been positivized in Article 273 paragraph (1) letter a of Law No. 17 of 2023, while the obligation of hospitals obtains an operational basis through Article 851 of PP No. 28 of 2024. A case study at Siloam Hospital in Bogor City shows the implementation of protection through a layered mediation and supervision mechanism by the Medical Committee, MKEK, and MKDKI. Conclusion: However, obstacles were found in the implementation of Law Number 17 of 2023 concerning Health, in the form of suboptimal synchronization of derivative regulations, weak implementation of informed consent, and high potential lawsuits that are not always based on medical professional assessments.
THE URGENCY OF REVISING THE REGULATIONS ON LEGAL REVIEW EFFORTS TO ACHIEVE JUSTICE AND LEGAL CERTAINTY Resi Nurul Hasanah; Alfies Sihombing; Yeni Nuraeni
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2156

Abstract

Law enforcement in the Indonesian rule of law, based on Pancasila and the 1945 Constitution, aims to achieve justice, legal certainty, and utility in a balanced manner. However, in practice, there are still various problems, such as the declining public trust in law enforcement agencies and inconsistencies in judicial decisions. One of the crucial problems is the regulation of the legal remedy of judicial review (PK) which still places the authority of examination and decision-making in the same institution, namely the Supreme Court, thereby potentially causing conflicts of interest and reducing the objectivity of the judiciary. This research aims to analyze the urgency of renewing the regulation of judicial review in realizing justice and legal certainty. The research method used is normative legal research with a library approach, thru the analysis of relevant primary and secondary legal materials. The research results indicate that reform of the review regulation is necessary thru the strengthening of checks and balances mechanisms, including considering the involvement of other institutions outside the Supreme Court and the reaffirmation of the novum criteria as the main requirement for submitting a review. Thus, these reforms are expected to enhance the effectiveness of the review as an instrument of justice and strengthen the integrity of the judicial system in Indonesia.
ENFORCEMENT OF CRIMINAL LAW ON PORNOGRAPHY IN INDONESIA FROM THE PERSPECTIVE OF NATIONAL CRIMINAL LAW REFORM Mey Sri Yanti W; Iwan Darmawan; Alfies Sihombing
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2167

Abstract

The development of information and communication technology has brought significant changes to the patterns of production, distribution, and consumption of digital content in Indonesia, including the increased spread of pornographic content thru cyberspace. This phenomenon poses serious challenges in the enforcement of criminal law due to the complex, anonymous, and transnational nature of digital crimes. This research aims to analyze the regulation of pornography offenses in Indonesia, law enforcement from the perspective of national criminal law reform, and the effectiveness of law enforcement in addressing digital pornography. The research method used is normative legal research with a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively thru descriptive methods. The research results show that pornography offenses in Indonesia are regulated by Law Number 44 of 2008 on Pornography, Law Number 1 of 2023 on the Criminal Code, and the Electronic Information and Transactions Law. However, the diversity of these regulations still creates the potential for normative disharmony, overlapping regulations, and multiple interpretations of the definitions and scope of prohibited acts. Law enforcement against pornography crimes shows a shift from a repressive approach to a preventive and educational approach in line with the direction of national criminal law reform. Nevertheless, its implementation still faces obstacles from the aspects of legal substance, legal structure, and the legal culture of society. The effectiveness of law enforcement against digital pornography is still not optimal due to the rapid development of technology, the limited capacity of law enforcement officers, and the low digital literacy of the public. Therefore, regulatory harmonization, institutional strengthening, and increasing public legal awareness are necessary to achieve effective, adaptive, and just law enforcement.
Sexual Grooming of Children Mode through Live Streaming: Legal Gaps in the Face of Anonymity of Online Transactions L. Alfies Sihombing; Yeni Nuraeni; Wahyudi Wahyudi; Loso Judijanto; Abidah Abdul Ghafar
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.28259

Abstract

The rapid development of digital technology has enabled new forms of child sexual exploitation, including sexual grooming conducted through live-streaming platforms. This phenomenon demonstrates not only the heightened vulnerability of children in cyberspace but also the limitations of national legal frameworks in addressing crime patterns characterized by anonymity and online financial transactions. This study employs a combined normative and empirical juridical approach to provide a comprehensive understanding of online grooming cases in Indonesia. The normative component analyzes statutory provisions, child protection laws, and digital platform regulations to identify the intended legal protections for children. The empirical component complements this by collecting first-hand insights through semi-structured interviews with law enforcement officers, representatives of the Indonesian Child Protection Commission (KPAI), digital platform operators, and victim support companions. The integration of these approaches reveals gaps between legal norms and enforcement practices, particularly regarding institutional constraints, reporting mechanisms, and socio-technical challenges faced in case handling. The findings show that grooming through live streaming involves complex psychological manipulation facilitated by platform features that allow perpetrators to maintain anonymity. Current regulations do not explicitly recognize online grooming as a distinct criminal offense, nor do they adequately address anonymous electronic transactions commonly used in this crime. Court decisions also illustrate inconsistencies in legal application due to the absence of specific norms governing technology-based grooming. These findings highlight the urgency of reformulating national legal policies by introducing explicit criminal norms on digital grooming, strengthening penalties for online media–based sexual crimes, and regulating anonymous online transactions. The study further recommends enhancing the role of digital financial institutions and technology platforms in prevention, monitoring, and reporting mechanisms. In addition, community-based education and preventive interventions are essential to complement law enforcement efforts and create a safer digital environment for children.
Co-Authors Abidah Abdul Ghafar Agus Satory Ahmad Jamaludin Andi Muhammad Asrun Andreas Daniel Libri Anugrah Situmeang Ardianto Iskandar, Eka Arfandi , Andi Muhammad Asmak UI Hosnah Charles Sugiarto Sitorus Elis Herlina Elis Herlina Enggar Agni Wibowo Erna Listiawati Frieda Krisnawaty Gojali, Melisa Mulia Hartawati , Istiqomah, Mila Iwan Darmawan Karunia Karunia Komarudin Komarudin Krisnawaty, Frieda Lilik Prihatini Loso Judijanto Mey Sri Yanti W Mia Rasmiaty Mia Rasmiaty Monica, Tri Muhammad Nur Hussein Wahyudin Ori Va Malquna Rachmatin Artita Resi Nurul Hasanah Rianto, Astim Roby Satya Nugraha Rusdi, Awan A. Sahat Maruli Tua Situmeang Salma Farha Nabila Sinaga, Dahman Tri Saputra, Nico Triyunarti, Wiwin Tsabitah, Jilan Salma Uu Lukmanul Hakim Vivi Vivi Wahyudi Wahyudi Wiwin Triyunarti Wiwin Triyunarti Wiwin Triyunarti Yeni Nuraeni Yenny Febrianty Yuyut Prayuti