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All Journal Ilmu Hukum Prima Jurnal Syntax Transformation Jurnal Ilmiah Raad Kertha Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science Return : Study of Management, Economic and Bussines
Erikson Sihotang
Universitas Mahendradatta
Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Journal of Social Science

 1 
Juridical Review of Wiretapping Based on Law Number 1 of 2024 Amending Law Number 11 of 2008 on Electronic Information and Transactions Related to Criminal Acts at Bali Regional Police Dedy Parta Kusuma; Erikson Sihotang; Komang Edy Dharma Saputra
Journal Of Social Science (JoSS) Vol 4 No 1 (2025): JOSS: Journal of Social science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i1.413

Abstract

Wiretapping, the act of intercepting conversations, is often viewed as a violation of human rights, particularly within law enforcement contexts. This research investigates the stages involved in implementing wiretapping as a means to uncover criminal offenses, while also identifying the challenges faced by the Bali Police in this process. Employing a normative research method complemented by empirical analysis, the study gathers data from various primary and secondary legal sources. This research aims to determine the stages of wiretapping implementation in uncovering criminal offenses and identify the obstacles faced by Bali Police in the process. The study reveals that while legal frameworks governing wiretapping exist, their practical application remains hindered by these obstacles. The mastery of advanced technology is essential for effective wiretapping, yet many investigators lack adequate training and resources. Additionally, external constraints, such as outdated equipment or insufficient legal support, further complicate the implementation process. In conclusion, this research highlights the dual nature of wiretapping as both a valuable tool for law enforcement and a potential infringement on individual privacy rights. Addressing the identified challenges is crucial for enhancing the effectiveness of law enforcement while ensuring the protection of citizens' rights. By improving technological proficiency and overcoming external limitations, Bali Police can better utilize wiretapping in their efforts to combat crime while respecting the principles of privacy and human rights.
Juridical Study of Legal Status for Foreign Creditors and Ratification of Roya Letters Cicilia Indra Jayanti; Erikson Sihotang; I Made Mulyawan Subawa
Journal Of Social Science (JoSS) Vol 4 No 1 (2025): JOSS: Journal of Social science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i1.416

Abstract

The legal status of foreign creditors in the Republic of Indonesia remains ambiguous due to unclear norms and inconsistent regulations regarding land ownership. This uncertainty is an obstacle to foreign investment and creditor relations. This study aims to clarify the legal status of foreign creditors and the process of validating roya letters, and propose a regulatory framework that can improve legal certainty. This research uses normative legal research methods, by analyzing relevant regulations, laws, and legal literature to assess the existing legal framework. The research findings show that existing legal provisions lack clear guidance for foreign creditors, especially regarding the validation of roya letters. This creates barriers to foreign investment. To improve the legal landscape, it is important for policymakers to develop concrete regulations governing the validation of roya letters for foreign legal documents. Further research is needed to explore the implications of this regulation on the rights of foreign creditors and investment in Indonesia.
Settlement of Pratima Theft According to Customary and National Law in Klungkung Regency and Gianyar Regency Made Larasati; Erikson Sihotang; Kadek Dedy Suryana
Journal Of Social Science (JoSS) Vol 4 No 1 (2025): JOSS: Journal of Social science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i1.417

Abstract

The theft of sacred objects, especially Pratima in Bali, is a pressing issue that involves legal complexities between customary and national legal systems. This problem is not only materially damaging, but also threatens the continuity of religious traditions and practices. This research aims to analyze the settlement process of Pratima theft cases from the perspectives of customary and national law, and to identify the challenges faced in integrating the two legal systems. The approach used in this research is a qualitative method with in-depth interview techniques with traditional village leaders and police investigators. The data obtained was analyzed using a thematic analysis method to identify emerging patterns and themes. The results showed that there is a mismatch between the practice of customary law and national law in the resolution of Pratima theft cases. Many cases remain unresolved due to a lack of understanding and cooperation between the two legal systems. This research concludes that a more integrative approach between customary and national law is needed to improve the effectiveness of Pratima theft case resolution. Recommendations for policy makers and law enforcers are also provided to create a more sustainable solution for the protection of Bali's cultural heritage.
Juridical Review of the Issuance of Police Clearance Certificates (SKCK) Using National Health Insurance (JKN) Based on Police Regulation Number 6 of 2023 Ni Putu Nadya Guna Artha Prasasta; Erikson Sihotang; Anak Agung Gde Putra Arjawa
Journal Of Social Science (JoSS) Vol 4 No 2 (2025): JOSS: Journal of Social science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i2.432

Abstract

The application of the National Health Insurance (JKN) membership requirement in the process of issuing a Certificate of Good Conduct (SKCK) has resulted in various problems, especially for those who are not registered as members. The purpose of this study was to evaluate the impact of the JKN membership requirement in the SKCK issuance process and identify the obstacles faced by the community. This study used a normative research method with legal analysis based on applicable regulations. The data used includes primary and secondary legal materials. The results showed that the regulation requiring JKN membership is contrary to the applicable law, namely Law Number 25 of 2009 concerning Public Services. This requirement creates obstacles in accessing public services that should be inclusive. This study examines the various challenges faced by the community in meeting these requirements and assesses their compliance with the principles of good public service. Policies that require JKN membership as a condition for issuing a Certificate of Good Conduct (SKCK) should be reviewed because they create barriers to accessing public services. Recommendations are made to remove these requirements in order to improve the inclusiveness and efficiency of public services.
The Authority of The Indonesian National Police (POLRI) In Conducting Seizures of Evidence without Court Approval In Criminal Cases Firmansyah Firmansyah; Ni Ketut Wiratny; Erikson Sihotang
Journal Of Social Science (JoSS) Vol 4 No 3 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i3.440

Abstract

Law enforcement in Indonesia involves an important role for the Indonesian National Police (POLRI), including in the process of confiscating evidence. However, there are questions regarding the authority of investigators to seize evidence without court approval. This research aims to analyze the authority of POLRI investigators in confiscating evidence without court approval and the responsibility of investigators for confiscated evidence. The research method used is normative research by relying on primary legal materials in the form of laws and regulations, as well as secondary legal materials in the form of related literature. The analysis is done descriptively, systematically, and argumentatively to provide a comprehensive understanding of this issue. The results show that investigators have the authority to confiscate evidence in a caught red-handed situation without having to obtain permission from the court. This is regulated in the Criminal Procedure Code (KUHAP) which provides a legal basis for investigators to take such action. However, the responsibility of investigators in the storage, maintenance and return of evidence to the rightful parties remains an important aspect that needs to be considered. This research concludes that the authority of investigators to seize evidence without court approval can be exercised under certain conditions. However, the investigator's responsibility in managing evidence is crucial to ensure the validity of the legal process. This research is expected to contribute to the development of criminal procedure law in Indonesia, as well as increase understanding of the roles and responsibilities of POLRI in the law enforcement process.
Co-Authors Anak Agung Gde Putra Arjawa Cicilia Indra Jayanti Dedy Parta Kusuma Dhiyo Hadi Diah Yustiasari Erick Avriandi Firmansyah Firmansyah I Komang Edy Dharma Saputra I Made Mulyawan Subawa I Nengah Simpen I Nyoman Suandika I Wayan Aditya Pradnyandita Kadek Dedy Suryana Made Dewi Saraningsih Made Larasati Made Sada Muchamad Bratadewa Yuda Pratama Ni Ketut Wiratny Ni Putu Nadya Guna Artha Prasasta Nyoman Suandika Nyoman Tri Jaya Putra Souki Aditya Pratama Kesdu Zuhro Nurindahwati