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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.

Pertimbangan Anak sebagai Saksi Mahkota (Kroongetuige) dalam Tindak Pidana Narkotika Syarifuddin, La; Fauzi, M.; Musthafa, Musthafa
Doh Gisin Vol. 2 No. 1 (2025)
Publisher : Pusat Penelitian Kesetaraan Gender dan Perlindungan Anak Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/dohgisin.v2i1.3038

Anak sebagai saksi dalam perkara pidana telah diakui secara sah dalam KUHAP. Namun, menurut pembentuk Undang-Undang, keterangan mereka tidak dapat dipertanggungjawabkan secara sempurna dalam hukum pidana. Oleh karena itu, mereka tidak dapat diambil sumpah atau janji dalam memberikan keterangan; keterangan mereka hanya dipakai sebagai petunjuk atau tambahan alat bukti sah lainnya, atau untuk menambah keyakinan hakim. Kemudian, kehadiran anak sebagai saksi mahkota dalam perkara pidana narkotika wajib mendapat perlindungan yang tidak dapat dilepaskan dari konteks hukum perlindungan terhadap anak. Hukum, yang merupakan kaidah tertinggi, harus diikuti oleh masyarakat dalam melakukan interaksi sosial, serta oleh penguasa negara sebagai penyelenggara kehidupan bernegara dan bermasyarakat.

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

GESTURE PROGRESIF BANGUNAN SISTEM HUKUM INDONESIA Fauzi, M; Musthafa; La Syarifuddin
The Republic : Journal of Constitutional Law Vol. 3 No. 2 (2025): THE REPUBLIC : Journal of Constitutional Law
Publisher : Program Studi Hukum Tata Negara dan diterbitkan oleh Program Studi Hukum Tata Negara dan Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) Universitas Sunan Drajat Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/k7vtbt78

Legal challenges arise as society continues to evolve, necessitating rules to guide people's actions and serve as the basis for decision-making by law enforcement. Progressive law operates in the realm of ideas and advocacy to make law more beneficial to humanity thru a legal system that is liberating, conscientious, and utilizes spiritual intelligence in serving law to humanity. This goal seems inconsistent with legal positivism, which is the general pattern for the structure of written legal systems in modern countries. The study results indicate that some joints of the Indonesian legal system have gestures that can be used to progressively move the existing legal system. Based on Article 1 paragraph (3) of the 1945 Indonesian Constitution, Indonesia is a state of law with a tendency toward the rule of law that prioritizes justice over legal certainty based on written law. The gap between societal norms and dynamics can be filled either thru responsive legislation or thru the progressive legal discovery by judges. Judges are obliged to explore, follow, and understand the legal values and sense of justice that exist within society. The development of judicial review of legislative products in the Constitutional Court and the Supreme Court also shows a shift in perspective from merely textual thinking toward a more progressive legal way of thinking. The task of enforcing and upholding the law is one that requires seriousness and steadfastness against temptation, so what is needed is a good societal culture and law enforcement resources in order for the legal system to improve.

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.

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