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THE LEGAL PROTECTION FOR VICTIMS OF CRIMINAL ACTS IN BINOMO TRADING FRAUD: (Case Study on Decision Number: 1240/PID.SUS/2022/PN.TNG) Butar, Bayu Butar; Sudiro, Ahmad
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.1047

The objective of this study is to analyze the recovery of assets and the protection of victims in cases of Binomo trading fraud under Indonesian criminal law. The research methodology employed is normative legal research, utilizing a literature-based approach. The findings of this study reveal that the decision made by the Panel of Judges in case number 1240: Pid.Sus/2022/PN.Tng was deemed unjust for the victims, leading to an appeal hearing resulting in decision number 117/Pid.Sus/2022/PT.BTN. According to this court decision, the confiscated evidence in the Indra Kenz case was to be returned to the victims through the United Indonesian Traders Association. However, the process of returning the evidence encountered complications due to internal conflicts among the victim association members. As a result, there is currently no clarity regarding the completion of the restitution of the victims' losses. The government, through the LPSK, regulates the restitution of victims' losses as stipulated in Perma Number 1 of 2022. Nevertheless, the LPSK is not involved in the process of returning the victims' losses, which is instead handled by the United Indonesian Traders Association.

The Position of Joint Property After the Dissolution of Marriage According to Law No. 1 of 1974 and the Compilation of Islamic Law Rania, Rania; Sudiro, Ahmad
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.279-284

Marriage is not only a personal or private matter, but has a social dimension that requires government involvement. According to Islamic law, marriage is an act of worship, so the protection of Muslims in carrying out worship through the implementation of marriage is contained in Article 28e paragraph 1 of the 1945 Constitution. Law No. 1 of 1974 concerning Marriage is a manifestation of the Indonesian state as a state of law The Marriage Law is contained in Article 2, namely, marriage is valid, if it is carried out according to the laws of each religion. In establishing legal policies in Indonesia, the government has made Islamic law part of national law through the Compilation of Islamic Law (KHI) In this case, Muslims in Indonesia use KHI as a legal basis in cases of marriage breakup, including the division of property in marriage. The legal research method used in this research is research normative juridical which is research conducted or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object under study. The data source used is secondary data with analysis quantitative data The position of joint property in marriage according to fiqh is not regulated, because in the Qur'an, hadith or fiqh books there is no discussion of joint property. property. The study of scholars about joint property has given birth to the opinion that joint property can be equated with shirkah, because the wife joint property can be equated with shirkah, because the wife can also be counted as a partner (partnership) who works, although the wife can also be counted as a partner (partnership) who works. (partnership) who work, although not participate in the work in the real sense

United Nation Security Council Legal Politics Against Countries Violating International Humanitarian Law Syah, Nurijlal Hafizh; Sudiro, Ahmad
AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia Vol 4, No 1 (2025): January 2025
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/aurelia.v4i1.5024

The United Nations Security Council is a forum created by the United Nations based on the United Nations Charter which contains good and noble goals for the creation of peace and harmony among countries in the international region. The United Nations Security Council with all the specificities given by the United Nations makes this association an international law enforcer for countries that violate international customs and norms. However, not in line with the purpose and function of the establishment of the United Nations Security Council, often the Security Council shows a political-legal attitude that is contrary to its duties and functions, the use of veto privileges that should be used for countries that violate the provisions of international humanitarian law is instead used to exert political emphasis in order to achieve a global domination. Then the question is about the practice of legal provisions applied by the United Nation Security Council in imposing international sanctions against countries in conflict and the legal responsibility of the UN Security Council against countries that violate the provisions of humanitarian law in armed conflicts. This study aims to find out and observe the provisions of international law applied by the United Nation Security Council (UNSC) in imposing international sanctions against countries in conflict, as well as to know, study and analyze the responsibility of the UN Security Council in imposing sanctions against countries that violate the provisions of humanitarian law in armed conflicts. Furthermore, this study uses a normative research method with Primary Legal Materials in the form of expert interviews and secondary legal materials in the form of international legal agreements and international regulations. That in terms of practice, the UN Security Council needs to carry out its duties and functions in accordance with the regulations stipulated in the UN Charter and prioritize the principles that are upheld in the midst of the United Nations by always adhering to its legal responsibilities.

HUKUM SUKARELAWAN DALAM PENGATURAN LALU LINTAS BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 Lauren, Audrey; Sudiro, Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10753

This research aims to examine the implementation of legal freedom in traffic regulation in accordance with applicable regulations and the challenges faced in the field. This research adopts a type of sociological juridical research, which aims to examine various rules, concepts, societal views and legal doctrines sourced from secondary legal materials and relevant laws and regulations, especially those related to the issues discussed. The design approach implemented in this research is none other than statutory regulations or a statutory approach. This research was achieved through efforts to analyze regulations or forms of regulations which were characterized as being related to the legal context issues. The data collection technique in this research uses secondary data, where information is obtained from library research, by tracing, collecting and analyzing the required literature materials. Researchers use legal analysis techniques which are followed by efforts at description, systematization, legal analysis and interpretation. The results of this research reveal that there is no ban on volunteer road crossing/traffic controllers, however, on the one hand, there have been several complaints from the public that the presence of these volunteers can disrupt and hinder their traffic. However, if the volunteer worker is proven to have caused a traffic accident, then it must be processed in accordance with applicable criminal law. In many areas, volunteers have demonstrated their ability to help regulate traffic flow, but support from the government is low and remains a challenge for communities. Therefore, there is a need for training and training for volunteer workers, supported by increased monitoring and evaluation of volunteers.

Implementation of Electronic Land Service System on the Effectiveness of Land Deed Officials in South Jakarta Alifa, Alifa; Sudiro, Ahmad
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i2.45645

The development of information technology in the land sector has encouraged the birth of a digitalization policy for services by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) through the implementation of the Electronic Land Service System. This innovation is intended to increase transparency, speed, and accuracy in the land administration process, especially for Land Deed Officials (PPAT) who are at the forefront of land rights transfer services. This study aims to examine the influence of the Electronic Land Service System on the effectiveness of PPAT work in the South Jakarta Administrative City area. The study uses an empirical approach with quantitative and qualitative methods, where data is obtained through distributing questionnaires and interviews with active PPATs. The results of the analysis show that the implementation of the Electronic Land Service System has a positive impact on work time efficiency, document accuracy, and increased service satisfaction. However, a number of obstacles were still found, such as lack of technical training and limited system accessibility under certain conditions. Based on these findings, optimization of digital infrastructure and increased user capacity are needed so that the Electronic Land Service System can run more optimally and sustainably in supporting PPAT performance and quality public services.

Evaluating Airline Liability and Compensation in Indonesian Aviation: Mengevaluasi Tanggung Jawab Maskapai Penerbangan dan Kompensasi dalam Penerbangan Indonesia Atmadja, Rossano Tito; Sudiro, Ahmad
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1010

This study investigates the regulatory framework and legal implications of airline liability in the context of air crash victims' rights in Indonesia, focusing on the enforceability of release and discharge agreements imposed by airlines. The research adopts a normative legal method, employing legislative and conceptual approaches to scrutinize primary and secondary legal materials related to aviation accident compensation. The primary sources include the Indonesian Aviation Act No. 1 of 2009, Article 141, and the Minister of Transportation Regulation PM 41 of 2011, alongside the Warsaw Convention of 1929. Secondary sources comprise academic literature, including books, journals, and research reports. The data were analyzed qualitatively, evaluating the extent to which the concepts of release and discharge align with the prevailing legal principles of transportation liability. The findings reveal that the Indonesian aviation regulations mandate airlines to compensate for deaths, permanent disabilities, or injuries resulting from air accidents, including to the heirs, with a cap set at Rp1.25 billion per passenger. However, the legal strength of release and discharge statements is considered weak, as they are not explicitly regulated, potentially disadvantageous to victims forced to sign as a precondition for compensation, and contrary to consumer protection laws prohibiting the shift of airline responsibilities to consumers. The study recommends a thorough government review of these release and discharge provisions to ensure alignment with national aviation laws, consumer protection statutes, and civil codes, emphasizing fairness and the protection of victims' and heirs' rights. This research contributes to the discourse on aviation liability in Indonesia, highlighting the need for legal reforms to uphold justice and certainty in airline compensation practices.Highlights: Weak Legal Foundation: Release and discharge agreements in Indonesia's aviation sector lack explicit legal backing, undermining their enforceability. Conflict with Consumer Laws: These agreements often contradict consumer protection laws by shifting airline responsibilities to consumers. Need for Legal Reform: There is a pressing need for regulatory review and reform to align compensation practices with fairness and legal standards. Keywords: Aviation Liability, Compensation, Release and Discharge, Consumer Protection, Legal Reform

PENGARUH MOTIVASI BELANJA UTILITARIAN TERHADAP KEPUTUSAN PEMBELIAN DI PASAR MODERN (STUDI PADA PELANGGAN GIANT SUPERMARKET DAERAH DINOYO KOTA MALANG) Prawita, Winda Ariria Eka; Sudiro, Ahmad
Jurnal Ilmiah Mahasiswa FEB Vol. 2 No. 1
Publisher : Fakultas Ekonomi dan Bisnis Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Penelitian ini bertujuan untuk mengetahui pengaruh secara simultan dan parsial atas motivasi belanja utilitarian yang terdiri dari dua variabel yaitu (1) kualitas barang dan (2) kualitas layanan terhadap keputusna pembelian di pasar modern Giant yang berada di daerah Dinoyo Kota Malang.Â Penelitian ini menjelaskan hubungan dan pengaruh variabel bebas yaitu kualitas barang dan kualitas layanan terhadap keputusan konsumen dalam melakukan keputusan pembelian di pasar modern Giant yang berada di daerah Dinoyo Kota Malang.Â Penelitian ini menggunakan sampel sebanyak 50 orang. Sedangkan pengambilan sampel menggunakan teknikÂ non-probability sampling. Uji yang digunakan dalam menguji instrument penelitian ini adalah uji validitas, uji reliabilitas, dan uji asumsi klasik. Uji hipotesis menggunakan uji F hitung dan t hitung. Untuk menganalisis data digunakan uji regresi linear berganda dan uji asumsi klasik yaitu uji normalitas, uji multikolinearitas,Â dan uji heteroskesdastisitas.Â Dari hasil analisis terlihat bahwa kedua variabel berpengaruh secara simultan terhadap keputusan konsumen dalam melakukan pembelian di pasar modern Giant yang berada di daerah Dinoyo Kota Malang. Sedangkan secara parsial keduaÂ variabel berpengaruh secara signifikan terhadap keputusan konsumen dalam melakukan pembelian di pasar modern Giant yang berada di daerah Dinoyo Kota Malang. Â Kata Kunci: Motivasi Belanja Utilitarian, Kualitas Barang, Kualitas Layanan, Keputusan Pembelian Di Pasar Modern Giant Dinoyo Kota Malang

Construction of Participation in the Crime of Persecution in Indonesia Idrus, Irwandhy; Sudiro, Ahmad
Law Development Journal Vol 6, No 3 (2024): September 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.3.326-343

In criminal law, the construction of participation refers to a situation where a person is involved in a criminal offense, not directly as the main perpetrator, but plays a role in the implementation of the criminal offense. This means that a person can be charged with a crime even though he/she did not physically commit the criminal act, as long as he/she fulfills the elements of participation. The problems faced in this study are how the predicate crime of the crime of persecution in the case of South Jakarta District Court Decision Number 4/Pid.Sus-Child/2023/PN.Jkt.Sel and how the participation in the South Jakarta District Court Decision Number 4/Pid.Sus-Child/2023/PN.Jkt.Sel. The research method used is normative juridical legal research. The research specification used in this research is descriptive analytical. This research uses primary, secondary and tertiary sources of legal material. The approaches used from several approaches above are the statute approach and the case approach and the analysis technique used is qualitative analysis. The results showed that predicate crime in a criminal offense, including persecution, are elements that must be proven legally to declare a person has committed the crime. This predicate serves as the basis for law enforcement to impose a sentence. It must be underlined that each case has different characteristics. Therefore, the application of the law in each persecution case will vary depending on the facts revealed in the trial. Victims of persecution are entitled to legal protection. Participation in the crime of maltreatment is a form of understanding a person's criminal responsibility in a criminal event and in this case, however, in this case, Child AG cannot be classified as “assisting in the commission” because he did not knowingly provide assistance to commit the crime of maltreatment, either before, during or after the maltreatment was committed. There was no conspiracy or providing facilities, information and other efforts in realizing the crime of maltreatment.

An Analysis of The Application of Medical Rehabilitation & Social Rehabilitation for People Convicted of Drug Abuse Panjiyoga, Indrawienny; Sudiro, Ahmad
Law Development Journal Vol 6, No 3 (2024): September 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.3.358-375

The importance of the implementation of rehabilitation for narcotics users is not merely to replace the sentence period, but rehabilitation is intended for narcotics users to cure them from addiction to be free from their dependence on narcotics. The problems faced in this study are how the rehabilitation arrangements for narcotics users based on Law No. 35 of 2009 concerning Narcotics and how the application of medical rehabilitation and social rehabilitation for convicted narcotics abusers in the case of Decision Number 582/Pid.Susof 2021/PN.Jkt.Brt. The research method used in this writing is normative juridical research. The results show that Law No. 35 of 2009 concerning Narcotics pays special attention to rehabilitation efforts for narcotics users. This is based on the understanding that drug abuse is a health and social problem that requires special handling, not merely a legal problem. Law No. 35 of 2009 has provided a strong legal umbrella for the implementation of rehabilitation for people who use drugs. However, there are still many challenges that must be overcome in order for the rehabilitation program to run effectively. In general, based on Law No. 35 of 2009 on Narcotics, specifically Article 54, every drug addict is required to undergo medical and social rehabilitation. This rehabilitation aims to restore the physical and mental condition of drug users and restore their function in society.

HUKUM SUKARELAWAN DALAM PENGATURAN LALU LINTAS BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 Lauren, Audrey; Sudiro, Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10753

This research aims to examine the implementation of legal freedom in traffic regulation in accordance with applicable regulations and the challenges faced in the field. This research adopts a type of sociological juridical research, which aims to examine various rules, concepts, societal views and legal doctrines sourced from secondary legal materials and relevant laws and regulations, especially those related to the issues discussed. The design approach implemented in this research is none other than statutory regulations or a statutory approach. This research was achieved through efforts to analyze regulations or forms of regulations which were characterized as being related to the legal context issues. The data collection technique in this research uses secondary data, where information is obtained from library research, by tracing, collecting and analyzing the required literature materials. Researchers use legal analysis techniques which are followed by efforts at description, systematization, legal analysis and interpretation. The results of this research reveal that there is no ban on volunteer road crossing/traffic controllers, however, on the one hand, there have been several complaints from the public that the presence of these volunteers can disrupt and hinder their traffic. However, if the volunteer worker is proven to have caused a traffic accident, then it must be processed in accordance with applicable criminal law. In many areas, volunteers have demonstrated their ability to help regulate traffic flow, but support from the government is low and remains a challenge for communities. Therefore, there is a need for training and training for volunteer workers, supported by increased monitoring and evaluation of volunteers.

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