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All Journal JURNAL LITIGASI (e-Journal) Arena Hukum Justitia et Pax Jurnal Hukum Samudra Keadilan Jurnal Humaniora : Jurnal Ilmu Sosial, Ekonomi dan Hukum Jurnal Public Policy Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar Ius Civile: Refleksi Penegakan Hukum dan Keadilan NEGREI: Academic Journal of Law and Governance MAQASIDI MEUSEURAYA : JURNAL PENGABDIAN MASYARAKAT Lok Seva: Journal of Contemporary Community Service Fundamental : Jurnal Ilmiah Hukum Jurist Argumentum Pemikiran Intelektual Hukum
Aulia, Eza
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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TINJAUAN PENGISIAN JABATAN JAKSA AGUNG BERDASARKAN UU NO. 16 TAHUN 2004 DALAM MEWUJUDKAN INDEPEDENSI LEMBAGA KEJAKSAAN Murtadha, Muhammad Ali; Aulia, Eza; Maulana, Jefrie
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 1 (2025): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i1.11584

Abstract

This study examines the normative regulation of Article 19 of Law Number 16 of 2004 concerning the appointment and dismissal of the Attorney General in Indonesia and its implications for prosecutorial independence. The research employs a normative juridical method using a statute approach, comparative approach, and conceptual approach. The findings indicate that the President's exclusive authority to appoint and dismiss the Attorney General without an adequate checks and balances mechanism poses a significant risk to the independence of the Attorney General’s Office. While the House of Representatives (DPR) has proposed legislative involvement in the appointment process, the final agreement between the government and DPR maintained full presidential authority. This raises concerns about potential political intervention and the dependency of the Attorney General on the executive branch. A comparative analysis reveals that other countries, such as the United States and Myanmar, implement stricter selection and dismissal mechanisms to ensure prosecutorial independence. In the United States, the Attorney General is appointed by the President with Senate approval and can be removed through an impeachment process. In Myanmar, the selection process involves independent oversight to maintain prosecutorial integrity. The study highlights the importance of implementing a stronger checks and balances system in Indonesia to prevent political influence and safeguard the professionalism of the Attorney General’s Office. Strengthening legal frameworks and ensuring institutional independence are crucial for maintaining the integrity of law enforcement. This study concludes that reforms in the Attorney General’s appointment mechanism are necessary to enhance the independence and credibility of the prosecutorial system in Indonesia.
THE KONSEPSI KEPEMILIKAN SOSIAL DALAM PERLINDUNGAN INDIKASI GEOGRAFIS PALA KABUPATEN ACEH SELATAN Effida, Dara Quthni; Aulia, Eza; Maulana, Jefrie
LITIGASI Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i2.9663

Abstract

Indonesian GIs is still little than of their leading commodities that have the potential to receive legal protection as GIs. One of them is South Aceh's nutmeg as leading commodities. The research question revolves around the concept of social ownership within the legal protection framework of South Aceh Nutmeg's geographical indication and how its legal protection operates. This study aims to elucidate the concept of social ownership concerning the legal protection potential of South Aceh Nutmeg's geographical indication. This research employs a normative juridical method using legislative analysis and a conceptual approach. The registration of geographical indications is vital for securing legal protection concerning social ownership rights and the product's regional origin. Geographical indications serve as instruments to protect products possessing unique geographical characteristics, acting as a claim to social ownership for the communities producing these goods. There are four fundamental principles in developing the concept of social ownership: active participation, sustainable management, responsibility in preservation, and equitable benefit-sharing. The development of social ownership concepts is anticipated to resolve issues related to the deserving and fair legal protection of the South Aceh Nutmeg Geographical Indication. Keyword: Social Ownership, Geographical Indication, Nutmeg, South Aceh.
PEMBAHARUAN PENGATURAN TINDAK PIDANA PERKOSAAN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 (ANALISIS KESESUAIAN KEBUTUHAN HUKUM DI INDONESIA) Ikhsan, Nur Muhammad; Aulia, Eza
Jurist Argumentum: Pemikiran Intelektual Hukum Vol 3, No 2 (2025)
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jjm.v3i2.14872

Abstract

Rape constitutes one of the most serious forms of sexual violence, as it directly violates human dignity, personal autonomy, and fundamental human rights. In Indonesia, the regulation of rape was historically governed by Article 285 of the Criminal Code inherited from the colonial era, which narrowly defined rape as sexual intercourse committed by a man against a woman outside marriage through violence or threat. This formulation was increasingly considered inadequate to address contemporary social realities, including diverse forms of sexual violence, male victims, and sexual coercion within marital relationships. In response to these shortcomings, Indonesia enacted Law Number 1 of 2023 on the Criminal Code, introducing significant reforms to the regulation of rape.This study aims to analyze whether the reformed regulation of rape under Law Number 1 of 2023 is consistent with the legal needs of Indonesian society. The research employs a normative juridical method, focusing on doctrinal legal analysis through statutory and conceptual approaches. The study examines primary legal materials in the form of legislation, supported by secondary legal materials such as legal doctrines, scholarly books, academic journals, and purposively selected expert opinions from criminal law scholars.The findings reveal that the reformulation of rape, particularly the expansion of the victim’s subject from “a woman” to “any person,” represents a progressive shift toward a victim-oriented and inclusive criminal law policy. This development aligns with the principles of justice, utility, and legal certainty as articulated in Gustav Radbruch’s theory of legal objectives, and reflects a stronger commitment to human rights protection and equality before the law. However, the recognition of rape within marriage, as regulated in Article 473 paragraph (2)(a), remains controversial. Although normatively intended to protect victims, this provision raises significant challenges related to evidentiary standards, legal certainty, and compatibility with prevailing social, cultural, and religious values. Consequently, while the reform generally moves in the right direction, further refinement is required to ensure effective implementation, proportional criminalization, and balanced protection of legal interests within Indonesian society.
Co-Authors AA Sudharmawan, AA Adabi, Muhammad Ikhwan Adella Yuana Apri Rotin Djusfi Asmaul Husna Asmaul Husna Chandra Darusman S Chandra Darusman S. Cut Asmaul Husna Damrus, Damrus Fiandy Mauliansyah Ikhsan, Nur Muhammad Ilka Sandela Ilka Sandela Jalaluddin Jefrie Maulana Jefrie Maulana Jhoanda, Rahmad Kemalasari, Putri Krisna, Liza Agnesta Lestari, Rachmatika Maulana, Jefrie Muhammad Agus Muljanto Murtadha, Muhammad Ali Phoenna Ath Thariq Putri Kemala Sari Putri Kemala Sari Quthni Effida, Dara Rahmat Djowanda Rahmat Jhowanda Reni Juliani, Reni Via Susanti Via Susanti Yuhdi Fahrimal Zuhrizal Fadli Zulfikar, Muhammad Nahyan