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All Journal Jurnal Lahan Suboptimal Sriwijaya Law Review Jurnal Obsesi: Jurnal Pendidikan Anak Usia Dini Jurnal Ius Constituendum PROMOTOR KOMPUTIKA - Jurnal Sistem Komputer Media Iuris Jurnal Ilmiah Manusia dan Kesehatan Insan Cita Jurnal Pengabdian Kepada Masyarakat LEGAL BRIEF Promotor: Jurnal Mahasiswa Kesehatan Masyarakat Jurnal Ilmiah ASET Indian Journal of Forensic Medicine & Toxicology Jurnal PADMA: Pengabdian Dharma Masyarakat YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) NEGREI: Academic Journal of Law and Governance Audito Comparative Law Journal (ACLJ) Media Publikasi Promosi Kesehatan Indonesia (MPPKI) International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Jurnal Suara Pengabdian 45 Jurnal Kajian Islam Modern Hulondalo Jurnal Ilmu Pemerintahan dan Ilmu komunikasi (JIPIK) Public Policy Journal Legal: Journal of Law Nomos : Jurnal Penelitian Ilmu Hukum Journal of Factum Law Review (JFLR)
Abdul Madjid
Universitas Ibn Khaldun Bogor
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Public Health Social Sciences Other

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REFORMULATING THE LEGAL STANDING OF INTERESTED THIRD PARTIES IN SUBMITTING PRETRIAL MOTIONS AGAINST THE TERMINATION OF INVESTIGATION OR PROSECUTION Enos Syahputra Sipahutar; Faizin Sulistio; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3142

Abstract

This article discusses the urgency and necessity of reformulating the scope of third parties with legal standing to file a pretrial motion against the termination of investigation or prosecution. The study is motivated by a pretrial case in which the petition was rejected on formal grounds regarding the petitioner's legal standing, despite substantive indications of injustice in the law enforcement process. This research adopts a normative juridical method using statutory, conceptual, and case study approaches. The findings indicate that the limited interpretation of “interested third parties” as provided by the Constitutional Court in Decision Number 98/PUU-X/2012 does not fully reflect the principle of justice. Therefore, a redefinition of the scope of third parties particularly including suspects/defendants/convicts in separate case files is necessary to ensure equal access to justice and prevent discrimination in legal proceedings.
Reconstruction Model of Legal Liability for the Misuse of Artificial Intelligence on Personal Data Privacy in Indonesia Khiswatul Barokah; Yuliati; Abdul Madjid
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

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Abstract

The increasing integration of Artificial Intelligence (AI) in digital ecosystems has raised new legal challenges regarding data privacy violations. In Indonesia, the normative framework for personal data protection particularly the Personal Data Protection Act (Law No. 27 of 2022) remains inadequate in addressing the autonomous nature of AI systems that process and exploit personal data without direct human intervention. This research aims to reconstruct a legal accountability model for actors who misuse AI in ways that lead to personal data violations. The study employs a normative juridical method using a statutory, conceptual, and comparative approach, referencing the European Union’s GDPR as a benchmark. The findings reveal that Indonesia’s current legal framework lacks clarity in assigning responsibility among key actors, such as developers, data controllers, and platform providers. The absence of provisions concerning algorithmic profiling, training data legality, and automated decision-making weakens the protection of individuals' digital rights. In contrast, international models particularly the GDPR offer a multi-tiered responsibility structure, prohibit fully automated decisions affecting individuals, and impose strict liability for data misuse. This research also demonstrates that adopting principles such as vicarious liability, corporate accountability, and risk-based regulation would fill regulatory gaps and align Indonesian law with international standards. The practical value of this work lies in its proposed model for reconstructing Indonesia’s data protection regime. It introduces legal tools that anticipate the systemic risks of AI while ensuring that legal responsibility is clearly distributed across all entities involved in AI deployment. This framework supports the development of a more responsive and equitable legal system in the era of autonomous technologies
RESOLVING CRIMINAL ACTS OF NARCOTICS THROUGH A RESTORATIVE JUSTICE APPROACH IN EAST JAVA Syarib Rama Indradi Mukti; Bambang Sugiri; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i6.2384

Abstract

This study discussed the handling of narcotics abuse crimes through a restorative justice approach based on the Indonesian National Police Regulation Number 8 of 2021 regarding the Handling of Criminal Acts Based on Restorative Justice. According to this regulation, individuals involved in narcotics abuse could undergo a restorative justice approach, giving them the opportunity to undergo medical or social rehabilitation without having wait for a court decision. The aim of this study was to analyze the basic principles considered and the strategies used by the Police in handling narcotics abuse cases through the restorative justice approach. In determining these consederations, it was important to ensure that the steps taken were in accordance with applicable legal provisions, as well as addressing the challenges in implementing restorative justice, which required effective strategies, so that these considerations and strategies could result in legal benefit and justice. This study was an empirical research using a socio-legal or juridical-empirical method with a legal sociology approach. The study used primary data obtained through interviews with informants, and the secondary data in the form of bibliographical sources. The research data were analyzed using a qualitative descriptive method. The results of this study has ben showed that the investigators considerations in handling narcotics crimes through the restorative justice approach were based on the requirements and mechanisms for handling them in accordance with the Police Regulation. The investigators strategy was to enhance understanding of the concept of restorative justice in order to overcome the challenges such as the low submission of Integrated Assesments and the lack of understanding among offenders about the concepts of restorative justice.
Reconstructing Legal Frameworks for Post-Mining Reclamation Guarantees and Ecological Justice Angga Kurniawan; Abdul Madjid; Istislam Istislam
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12779

Abstract

This study analyzes the effectiveness of post-mining reclamation guarantee fund regulations in achieving environmental restoration and reconstructs a normative framework oriented toward ecological justice. The current reduction of reclamation guarantees to mere administrative requirements demonstrates the failure of the law to provide substantive protection for citizens’ constitutional rights to a healthy environment. Using normative juridical research with legislative, conceptual, and historical approaches, this study employs prescriptive–analytical methods to evaluate the gap between legal norms and practice and to formulate a responsive legal model. The findings reveal that reclamation guarantee funds have not effectively functioned as substantive legal instruments due to regulatory disharmony between the Minerba Law and the Environmental Protection and Management Law (UUPPLH), weak supervision, and the absence of strict sanctions. The study proposes a reconstruction of the legal framework through harmonization of environmental and mining regulations, adoption of the polluter pays and strict liability principles, and strengthening of interagency coordination. In addition, the establishment of a transparent and participatory Multi-Stakeholder Monitoring Board and a public e-monitoring system is recommended to ensure accountability and ecological restoration. The novelty of this research lies in integrating constitutional and environmental justice perspectives into a double-track sanction system that combines preventive and repressive functions of reclamation guarantees. This approach advances the eco-constitutional paradigm by linking legal certainty, environmental accountability, and participatory governance in post-mining management.
"THE URGENCY OF HORIZONTAL SUPERVISION (JUDICIAL SCRUTINY) OF LEGAL AID IN PRE-TRIAL AS PART OF THE HUMAN RIGHTS OF SUSPECTS" Joshua Aditya Setyanugraha; Muktiono; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4173

Abstract

This study examines the urgency of horizontal supervision (judicial scrutiny) of legal aid in pre-trial. Legal aid is a principle contained in the due process of law. The research method used in this study is normative research with a conceptual approach and a case approach. Horizontal supervision in the current pre-trial concept does not include legal aid as an object of judge's authority so that for suspects who are not accompanied by legal counsel as required by Article 56 of the Criminal Procedure Code, the assessment must be submitted to the trial examination. Furthermore, how should horizontal supervision of legal aid provide human rights guarantees to suspects? Horizontal supervision carried out by pre-trial judges or in the future through the concept of Preliminary Examining Judges, it is appropriate to provide a balance between the great power of the apparatus administering the pre-trial function, with the human rights of suspects, including legal aid which is a universal right, so that due process of law can be achieved.
Criminal Law Formulation Policy Regarding Payment of Money In Substitution For Criminal Acts of Corruption From The Perspective of Dignified Justice Ni'Am, M. Khoirun; Prija Djatmika; Abdul Madjid
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.321

Abstract

Corruption is an extraordinary crime that remains a serious problem in Indonesia despite the implementation of various regulations such as Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. One important instrument in recovering state losses due to corruption is the penalty of replacement money. However, in practice, the application of replacement money as an additional penalty has not been effective due to legal and technical obstacles, such as the difficulty of tracking assets, weak coordination between law enforcement agencies, and the absence of a consistent execution mechanism. This study aims to analyze the legal implications of criminal law formulation policies related to the regulation of replacement money and to formulate a direction for criminal law reform based on the concept of dignified justice. This study uses a normative legal research method with a statutory, case, and conceptual approach. The analysis is conducted prescriptively through grammatical and systematic interpretation of laws and regulations, doctrine, and judicial practice. The results show that the regulation of replacement money as an additional penalty does not reflect substantive justice because it emphasizes the retributive aspect rather than the restorative aspect. Legal reform is needed by making compensation a primary punishment so that the primary objective of punishment is to restore state losses. The dignified justice approach positions humans as moral subjects responsible for redressing public losses, in line with the values ​​of Pancasila. Therefore, this reformulation is expected to create a more just, humane, and socially just criminal legal system.
PEMBERDAYAAN MASYARAKAT MELALUI POTENSI SUMBER KESEJAHTERAAN SOSIAL Podungge, Abdul Madjid; Patilima, Zulyumna A; Safitri, Ikraeni
Insan Cita : Jurnal Pengabdian Kepada Masyarakat Vol 6, No 1 (2024): Februari 2024-Insan Cita: Jurnal Pengabdian Kepada Masyarakat
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/insancita.v6i1.3185

Abstract

The purpose of implementing Community Service (PkM) activities in Monggupo Village is to increase the potential sources of social welfare. Community service activities involves preparation for activities and outreach using the MPA (Methodology Participatory Assessment) technique. The results of the assessment found that the number of NSWS needing social welfare services (NSWS) found that the highest number of PPKS needing social welfare services in Monggupo Village was WPSE (Women Prone to Social Economy)  with a total number of 19. In addition, it was found that the most natural product in Monggupo Village was cassava which later became a practical ingredient in making modern cakes made from cassava. These practical activities can become community entrepreneurs with modern food concepts according to the times.
THE CONCEPT OF SETTING FEES FOR OFFICIALS MAKING LAND DEEDS (PPAT) EQUITABLE FOR OFFICIALS MAKING LAND DEEDS (PPAT) IN INDONESIA Dewi Amrom Musta’idah; Abdul Madjid; Endang Sri Kawuryan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1120

Abstract

Abstract: This study discusses the juridical study of the upper limits on fees for making land dees (PPAT) from the perspective of making land deeds (PPAT) as public officials. This study is a normative study with a conceptual approach and statutory approach. The data collection technique was carried out by means of a literature study. The results of the analysis result showed that the regulation regarding the upper limits for PPAT fees in f the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 33 of 2021 does not yet reflect the principle of justice for PPATs as public officials and the concept of regulation regarding PPAT fees which can create justice and legal certainty by equalizing fees like other public officials.
CHANGES IN POLICY DIRECTION AND LEGAL CONSEQUENCES LAW NO. 17 OF 2023 CONCERNING HEALTH ON ABORTION ISSUES IN THE TRANSITION PERIOD FOR RENEWING THE CRIMINAL CODE Novi Enjelina Putri; Abdul Madjid; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1442

Abstract

This research began with confusion regarding changes in the direction of legal regulatory policies regarding abortion in Indonesia. This is proven by the amendment to the Health Law Number 17 of 2023 which is part of the health omnibus law, which can result in multiple interpretations because it refers to the criteria specified in the criminal code. However, it is not explained which criminal law book will be used, which could create gaps in the application of criminal law in cases of legal abortion in Indonesia. The possibility of interpretation in determining the criminal law book is due to the transition period for the implementation of the new criminal law book, namely Law Number 1 of 2023, which will still come into force in 2026. The difference in the policy direction of the old criminal law book and The new one is very significant because the new one regulates the exceptions to which abortion can be carried out, whereas the old one does not see any reason and categorizes abortion as a criminal offense and will be subject to imprisonment for those who violate it. These differences in provisions will certainly have quite different legal consequences if the legal regulations are incorrectly applied in dealing with the issue of legal abortion in Indonesia. If they are incorrect then the disadvantage is the pregnant mother who has the right to abortion. This research uses normative legal research by looking at conceptual approaches and also legislation. With the aim of seeing how the legislation regarding abortion continues to undergo changes and the legal consequences that arise from these policies.
THE APPLICATION OF THE LEX SPECIALIS SYSTEMATIS PRINCIPLE IN THE ENFORCEMENT OF SPECIAL CRIMINAL LAW Shilvi Grisminarti; Faizin Sulistio; Abdul Madjid
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2615

Abstract

This paper discusses the application of the lex specialis systematis principle in special criminal law as a solution to address overlapping regulations in its enforcement. This issue arises when law enforcers must choose the applicable legal provision in cases where a single criminal act is prohibited by multiple special criminal laws. In cases of pornographic content dissemination, challenges emerge due to overlapping regulations, including the Pornography Law, the Electronic Information and Transactions (ITE) Law, and the Sexual Violence Crime Law (TPKS). Each of these laws prohibits the dissemination of pornographic content (revenge porn) but assigns different legal subjects for criminal liability. This paper examines how law enforcers apply the lex specialis systematis principle as a guideline to determine the most appropriate legal provision, while also considering its implications for justice and legal certainty. This study underscores the importance of lex specialis systematis in ensuring clarity and effectiveness in handling complex criminal cases, particularly in pornographic content dissemination. Using a normative juridical method, this research analyzes existing legal norms through literature studies. It establishes parameters for law enforcers on how to apply the lex specialis systematis principle when multiple laws of equal standing regulate the same offense.
Co-Authors ABAS, MAMAT Ahmad, Haslinah Angga Kurniawan Aris Tri Wibowo Arizal Mujibtamala Nanda Imron Asna Aneta Ayu Mustika Anggraeni BAMBANG SUGIRI Brilyan Andi Syahbana Chanif Nurcholis Chotimah, Indira Darwanto Dewi Amrom Musta’idah Dwi Indah Yuliani Solihin Dyah Widhiawati Endang Sri Kawuryan Enos Syahputra Sipahutar Entang Nuryanto Erlina Puji Lestari Fachrizal Afandi Fadel Ilato Faizin Sulistio Fatri Kadir Fazar Nurfadillah Feronica Kurnia Rahma Frans Mitran Ajami Geraldo Gracelo Mario Situmeang Gilang Andriansyah Hartati Hartati Hary Widjajanti Huwana, Robby Ijonu, Ukhti Nurfajriah Sasmita Iradhatullah Rahim Istislam Istislam Joshua Aditya Setyanugraha Juramang, Risnayanti R. Khiswatul Barokah Lisna Maulina Lukum, Wahidin Matondang, Maya Rahmayati Maya Rahmayati Matondang Meilina, Winda Miskahuddin Mohamad Fadli Muh Farhan Fadhillah Muhammad Djohan Muhammad Hilmy Rizqullah Ramadhan Muhammad Luthfi Muhammad Siri dangnga Muhammad Yusuf Zulkifli Muktiono Muktiono Waspodo Mustafa, Dewi Wahyuni Nasution, Andreanda Ni Luh Putu SR Ni'Am, M. Khoirun Novi Enjelina Putri NUNI GOFAR Nur Qamarya Paputungan, Nursiti Aisyah Patilima, Zulyumna A Podungge, Abdul Wahab Prija Djatmika Prija Djatmika, Prija Putri, Reza Amanda Rachmi Sulistyarini Radjak, Karmila Damariani Riska Aprilia Rismawati Risti Ristianingsih Badu Robby Hunawa Safitri, Ikraeni Sahabat, Andi Inar Sari Oktaviani Sasongko, Andy Setiawan Noerdajasakti Shilvi Grisminarti Sonia Claudia Candra Sri Wahyu Kridasakti Sri Widiyastuti Sudarsono Syarib Rama Indradi Mukti Tantri Widiastuti Umadji, Nur Inda R. Ummi Khasanah Sitorus Pane Wahyu Khafidah Wuriesyliane Wuriesyliane Yanti Aneta Yeni Septiani Yohanes Fiodas Jaman Yudhi Darmansyah Yuliyani Solihin, Dwi Indah Zilvanhisna Emka Fitri