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The Development of Punishment in Indonesian Criminal Law Darmawan, Iwan; Nugraha, Roby Satya; Sihombing, Alfies L.
JURNAL AKTA Vol 11, No 4 (2024): December 2024
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.v11i4.41309

Abstract

With the birth of Law Number 1 of 2023 concerning the Criminal Code, it gives great hope for the development of punishment and punishment in Indonesian Criminal Law, which in turn gives hope for the fulfillment of a sense of public justice and the establishment of criminal law that guarantees legal protection from the threat of criminal offenders who can endanger the survival of the nation and state. Efforts to fundamentally reform the Indonesian criminal law have been carried out by reforming Law Number 1 of 2023 concerning the Criminal Code. The purpose of this study is to explain in detail that the development of punishment and punishment in Indonesian criminal law has undergone a fairly long development covering the Dutch colonial period, the independence period and post-independence. In the period before independence, the development of Indonesian Criminal Law was only limited to the colonial period or the Dutch colonization period. This research uses normative juridical research method. The conclusion that can be stated is that in the period before the Dutch colonization, the development of Indonesian Criminal Law was included in the scope of the Ancient Nusantara Criminal Law contained in the Ancient Nusantara Law Books originating from the period of kingdoms in the archipelago. This research finally recommends that in addition to the ancient Indonesian criminal law originating from the period of kingdoms in the archipelago, there is also customary criminal law spread throughout Indonesia.
Legal Protection for Domestic Violence Due to Advances in Information and Communication Technology Lasmin Alfies Sihombing
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.3307

Abstract

In the ever-evolving digital era, technological developments have had a significant impact on social relationships and family dynamics. Although ICT offers various conveniences in communicating and accessing information, there are challenges and risks associated with using this technology. This study seeks to examine the impact of advances in information and communication technology (ICT) on intimate partner violence (KDRT) and the penal law protections available in this context. This study employs a normative legal research methodology to investigate and analyze legal materials and related literature on domestic violence and the impact of ICT developments. According to the findings of this study, the development of information and communication technology (ICT) has had a significant effect on the incidence of domestic violence (KDRT). Online Gender-Based Violence (KBGO) has emerged as a new form of violence that employs technology to harass, denigrate, exploit, and intimidate victims on the basis of their gender or sexuality. Domestic violence perpetrators use Law no. 11 of 2008 concerning Information and Electronic Transactions (ITE) in Indonesia, specifically Article 27 Paragraphs (1) and (3) Jo. Article 45 of the ITE Law, to suppress domestic violence victims and continue the misuse of technology. However, the existence of the ITE Law in the context of KBGO has also raised concerns regarding free speech and the protection of domestic violence victims..
ANALYSIS OF THE ERADICATION OF CORRUPTION IN INDONESIA: CHALLENGES AND EFFECTIVENESS OF REVERSING THE BURDEN OF PROOF Lasmin Alfies Sihombing; Yeni Nuraeni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6046

Abstract

Corruption in Indonesia is a serious problem that not only results in significant financial losses, but also has the potential to destroy social, economic, and democratic stability. Corruption has become a systematic crime, causing state losses of trillions of rupiah every year. This study aims to analyze various factors that affect the increase in corruption cases and the effectiveness of legal policies in eradicating them. Using a normative juridical approach, this study examines applicable regulations, including Law Number 20 of 2001 which regulates the reversal of the burden of proof in corruption cases. This study found that the implementation of a reverse evidentiary system can speed up the legal process and help uncover the material truth. However, the main challenges in eradicating corruption are low law enforcement, a permissive culture of law violations, and incompatibility of the law with the dynamics in the field. Therefore, periodic evaluation of regulations, strengthening the integrity of law enforcement officials, and strict supervision of the state budget are necessary. It is hoped that with these steps, efforts to eradicate corruption in Indonesia can be more optimal and have a positive impact on people's welfare.
Pendampingan Strategi Akademik melalui Sinergi Dosen dan Institusi bagi Mahasiswa Fakultas Hukum UNINUS Prayuti, Yuyut; Nuraeni, Yeni; Sihombing, L. Alfies; Herlina, Elis; Rasmiaty, Mia
Jurnal Pengabdian kepada Masyarakat Nusantara Vol. 7 No. 1 (2026): Edisi Januari - April
Publisher : Lembaga Dongan Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55338/jpkmn.v7i1.8431

Abstract

Kegiatan ini berangkat dari kebutuhan Fakultas Hukum Universitas Islam Nusantara untuk memperkuat capaian prestasi mahasiswa yang masih menghadapi kendala motivasi belajar, keterbatasan literasi digital dalam penyusunan karya ilmiah, serta kurangnya pemahaman terhadap prosedur kompetisi dan rekognisi prestasi. Permasalahan tersebut berdampak pada belum optimalnya konversi potensi mahasiswa menjadi capaian prestasi yang terstruktur. Kegiatan ini menawarkan penguatan sinergi antara peran dosen dan dukungan institusional melalui pendekatan Participatory Action Research (PAR) yang diintegrasikan dengan mentoring intensif, coaching clinic penulisan proposal, dan service learning. Pelaksanaan dilakukan melalui tahapan identifikasi kebutuhan, pendampingan teknis, serta monitoring capaian prestasi mahasiswa. Hasil kegiatan menunjukkan peningkatan kesiapan mahasiswa dalam mengikuti kompetisi, perbaikan kualitas karya ilmiah, serta meningkatnya partisipasi mahasiswa dalam kegiatan akademik dan non-akademik. Dampak konkret tercermin dari keterlibatan mahasiswa dalam Program Kreativitas Mahasiswa (PKM), perolehan penghargaan pada konferensi ilmiah mahasiswa, serta capaian prestasi olahraga tingkat regional dan nasional. Temuan ini menunjukkan bahwa integrasi pendampingan dosen dan kebijakan institusi yang suportif efektif dalam memperkuat ekosistem prestasi mahasiswa yang berkelanjutan di era Society 5.0.
Social Media, Fake News, Information Manipulation and Democracy and The Challenges of Finding Legal Truth in The Post-Truth Era Sihombing, Lasmin Alfies; Darmawan, Iwan; Prayuti, Yuyut
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4797

Abstract

The post-truth era creates uncertainty in the search for absolute truth, where objective facts are less influential in shaping public opinion than emotions and personal beliefs. This phenomenon has a negative impact on the democratic process, public perception of democratic institutions, and legal justice. The challenge of distinguishing facts from fabricated opinions affects law enforcement and the integrity of the democratic process. The research method used in this article is normative legal research that examines law as norms or rules that apply in society, focusing on document analysis and the use of legal sources. This research aims to find legal norms that are relevant in answering certain legal challenges or problems, as well as to produce arguments and theories as guidelines in resolving legal cases using secondary data (library research or document studies). In the post-truth era, law remains an important foundation in maintaining justice and order. Although challenges to political correctness can shake public confidence, the roots of law remain strong. The post-truth phenomenon is an irrational phenomenon, while legal truth (ontologically, epistemologically, and axiologically) is related to rational things, so it is quite difficult to debate and bring these two things together. Therefore, it is important to position the two different things in a position where we can find the most basic thing, both philosophically and legally.
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.