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The Contradiction of Between Judge’s Decision and Legal Provisions Regarding The Position of Heirs in Proof of Land Rights Adont, Sulistiani; Syarifuddin, La; Al Hidayah, Rahmawati
Jurnal Mulawarman Law Review Vol 3 No 2: Mulawarman Law Review - December 2018
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v3i2.118

As the economic development of Indonesian society increases, so will the need for legal certainty in the field of land for the right holder of a plot of land. the fundamental issue in verifying the right to the land is any person claiming to have a right, or appointing an event to affirm his right or to deny any right of another person, shall prove the existence of that right or prove the event, the heirs' a case study of the Samarinda District Court Judgment Number 138 / Pdt.G / 2014 / PN.Smr.This research uses normative research method. The primary legal material of this research is the legislation that is compiled into a conceptual form based on existing legislation. Which then conducted legal analysis of the problems in this study.The result of the research is the position of the heirs in verification of the right to land must have at least two evidences, that can prove that the heirs are valid first through the certificate of inheritance. To strengthen the verification of the heirs to the land rights, the heirs must prove by means of evidence as set forth in Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Registration. The second result of the research is the letter of appointment by the Government/Local Government is a valid evidence based on existing legislation, and it becomes the base of the right which is the basis of the land ownership, the analysis of the judge's decision namely the judge decision of Samarinda District Court No. 138 / Pdt.G / 2014 / PN.Smr is incorrect and does not provide legal certainty, it is caused by no reference what is contained in Article 24 paragraph (1) and Article 32 paragraph (2) Government Regulation Number 24 of 1997 on Land Registration.

TINJAUAN YURIDIS TERHADAP PERTIMBANGAN HAKIM DALAM PENJATUHAN SANKSI PEMECATAN TERHADAP PRAJURIT TNI DALAM PERKARA ASUSILA Yunianti, Novi; Syarifuddin, La; Erawaty, Rika
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6339

This study aims to examine the application of dismissal as a criminal sanction against members of the Indonesian National Armed Forces (Tentara Nasional Indonesia), both through court rulings and administrative procedures. In addition, it analyzes judicial considerations in imposing dismissal sanctions in cases of sexual misconduct, particularly in relation to Article 50 of Law Number 48 of 2009 concerning Judicial Power and the imposition of additional punishment in the form of demotion, as reflected in the Military Court Decision of Balikpapan No. 33-K/PM.I-07/AD/VII/2023. This research employs a socio-legal approach to provide a comprehensive understanding of both legal norms and their practical implementation. The findings indicate that dismissal can serve as an alternative sanction, balanced by the imposition of additional punishment in the form of demotion, especially when the defendant has never received disciplinary sanctions in the military. However, the implementation of demotion faces challenges due to the absence of clear procedural regulations, resulting in legal uncertainty in its application. Keywords: Military Criminal Law; Dismissal; Additional Punishment.

DINAMIKA HUKUM TINDAK PIDANA PENCEMARAN NAMA BAIK Aprilia, Rizky; Syarifuddin, La; Hamzah, Herdiansyah
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.6373

The aim of this research is to answer two main points of discussion, namely: first, related to the construction of the meaning of the offense of defamation. Second, the development of regulations for defamation offenses. This research uses a doctrinal approach. The sources of legal material for this research are the Criminal Code, Law Number 11 of 2008 concerning Electronic Information and Transactions, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, and Law Number 19 2024 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions which are then analyzed qualitatively. The construction of the meaning of the offense of defamation in the ITE Law focuses on post-amendment, Articles 27A and 27B provide a more detailed definition of defamation. The development of the regulation of defamation offenses in Indonesia shows legal adjustments to technological advances, starting from the Criminal Code which does not cover electronic media to the ITE Law which regulates pollution via digital media. Defamation is regulated in the new Criminal Code in Articles 344 to Article 346 of the new Criminal Code. Existing developments, both the revision of the 2008 to 2024 ITE Law and the new Criminal Code, show a more specific definition and protection of freedom of expression, balancing the protection of individual reputations with the ever-evolving digital reality. Keywords: Dynamics, Defamation, Electronic Media

EFEKTIVITAS IMPLEMENTASI PERATURAN MAHKAMAH AGUNG TENTANG RESTITUSI DALAM KASUS TINDAK PIDANA PERDAGANGAN ORANG DI KOTA SAMARINDA Nafis, Nyzar Ainun; Syarifuddin, La; Alfian, Alfian
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.7847

Human trafficking is a violation of human rights that requires state protection, one of which is through the provision of restitution to victims. The Supreme Court Regulation (PERMA) Number 1 of 2022 regulates the restitution mechanism; however, in Samarinda, no victims have yet submitted such claims. This study aims to examine the implementation of PERMA 1/2022 and analyze the obstacles that hinder victims from exercising their right to restitution. Using a socio-legal approach supported by literature review, the research involves law enforcement officers, the Witness and Victim Protection Agency (LPSK), and social institutions as its primary subjects. The findings show that the implementation of PERMA in Samarinda has not been optimal. The main obstacles include weak communication between law enforcement officers and victims, limited outreach, and victims’ lack of understanding of their right to restitution. Academically, this research contributes by highlighting gaps in the restitution mechanism and offering policy recommendations for strengthening institutional coordination, enhancing victim protection, and improving the effectiveness of restitution implementation in Indonesia.Keywords: Implementation; Human Trafficking; Restitution; LPSK; Law Enforcement

The Contradiction of Between Judge’s Decision and Legal Provisions Regarding The Position of Heirs in Proof of Land Rights Adont, Sulistiani; Syarifuddin, La; Al Hidayah, Rahmawati
Jurnal Mulawarman Law Review Vol 3 No 2: Mulawarman Law Review - December 2018
Publisher : Faculty of Law, Mulawarman University

As the economic development of Indonesian society increases, so will the need for legal certainty in the field of land for the right holder of a plot of land. the fundamental issue in verifying the right to the land is any person claiming to have a right, or appointing an event to affirm his right or to deny any right of another person, shall prove the existence of that right or prove the event, the heirs' a case study of the Samarinda District Court Judgment Number 138 / Pdt.G / 2014 / PN.Smr.This research uses normative research method. The primary legal material of this research is the legislation that is compiled into a conceptual form based on existing legislation. Which then conducted legal analysis of the problems in this study.The result of the research is the position of the heirs in verification of the right to land must have at least two evidences, that can prove that the heirs are valid first through the certificate of inheritance. To strengthen the verification of the heirs to the land rights, the heirs must prove by means of evidence as set forth in Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Registration. The second result of the research is the letter of appointment by the Government/Local Government is a valid evidence based on existing legislation, and it becomes the base of the right which is the basis of the land ownership, the analysis of the judge's decision namely the judge decision of Samarinda District Court No. 138 / Pdt.G / 2014 / PN.Smr is incorrect and does not provide legal certainty, it is caused by no reference what is contained in Article 24 paragraph (1) and Article 32 paragraph (2) Government Regulation Number 24 of 1997 on Land Registration.

Res Judicata Pro Veritate Habetur dalam Perspektif Kepastian Hukum Terhadap Proses Praperadilan yang Memeriksa Materi Pokok Perkara Ninin Armianti Natsir; Rosmini Rosmini; La Syarifuddin
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 4 No. 2 (2026): Juni: Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v4i2.2542

This study aims to examine and analyze the pretrial examination mechanism, which also assesses the substance of the case, as reflected in Pretrial Decision Number 10/Pid.Pra/2020/PN.Lbo at the Limboto District Court. The method used in this study is normative legal research, applying a statute approach, a case approach, and a conceptual approach. The analysis is conducted qualitatively through deductive reasoning, namely by explaining general legal provisions and then drawing more specific conclusions.The results indicate that Pretrial Decision Number 10/Pid.Pra/2020/PN.Lbo, specifically the ruling declaring the Petitioner's actions not a criminal act of corruption, is deemed inconsistent with the nature and scope of pretrial proceedings. This is because pretrial examinations are principally intended only to examine formal aspects with a brief examination process, and therefore should not include an assessment of the subject matter of the case. Furthermore, the lack of a legal remedy mechanism for the pretrial decision also raises issues of legal certainty. In fact, based on the principle of res judicata pro veritate habetur, every court decision must be considered correct, valid, and binding until there is a decision from a higher court that overturns the decision.

Penyelesaian Tindak Pidana Pencurian melalui Denda Adat Antang dan Mekau pada Masyarakat Dayak Bahau di Kampung Keliwai Kabupaten Kutai Barat Maria Celi Hunyang; La Syarifuddin; Aryo Subroto
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 4 No. 2 (2026): Mei: Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v4i2.2402

This research is motivated by the existence of customary law as a living law that is constitutionally recognized and applied by the Dayak Bahau Community in Keliwai Village in solving the crime of theft. This practice prioritizes local wisdom and social balance through the Antang and Mekau customary fine mechanism as an alternative settlement outside the formal state criminal justice system. However, there are legal issues regarding the effectiveness of sanctions in providing a deterrent effect and protecting the rights of victims, especially vulnerable groups such as people with disabilities. The research uses socio-legal research methods with a qualitative approach through in-depth interviews with traditional chiefs, victims' families, and community leaders. The results of the study show that the implementation of Antang (large urns) and Mekau (small urns) customary fines is carried out through customary deliberations led by the Customary Chief by involving the perpetrators, victims, and families. Philosophically, these fines function as a symbol of "village cleansing" (Ngaping Umaq) to restore the disturbed cosmic balance. Socially, this mechanism has proven to be effective in resolving conflicts and maintaining community harmony. However, the effectiveness of customary fines in terms of restoring victims' rights is considered not optimal. In certain cases, there is a significant gap between the value of the fine imposed and the real material losses suffered by the victim, so that the goal of restorative justice has not been fully achieved for the victim.

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