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Implementation Law Issues Of Supreme Court Regulation No. 4 Of 2019 About Perma Revision No. 2 Of 2015 About Small Calim Court Resolution Procedures And Its Settlement Efforts Tjoneng, Arman
Veteran Law Review Vol 3, No 2 (2020): November 2020
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v3i2.2110

Legal dispute resolution can be done through non-litigation channels or through litigation channels. The non-litigation route as an alternative to dispute resolution (APS) outside the court route through its main mechanism, namely negotiation, mediation and arbitration, is increasingly loved by the public, especially the business world, because it offers various advantages compared to using the litigation route. But for some people, they still view dispute resolution through litigation as the main dispute resolution so that the consequence is that there is a buildup of cases in courts both at the first level, especially at the Supreme Court level. To anticipate this, the Supreme Court issued Perma No. 2015 concerning Procedures for Settlement of Small Claim Courts which was later revised to Perma No. 4 of 2019 concerning Amendment of Perma No. 2 of 2015 concerning Procedures for Settlement of Small Claim Courts. The Supreme Court's biggest hope is that this procedure can reduce the buildup of cases and can provide a sense of justice for the small community who demand justice, but in its implementation, there are still several legal problems that can cause the Small Claim Court to not run optimally. This study uses a normative juridical method supported by interviews. The primary data of this research are interviews with Supreme Court officials and several District Courts such as Central Jakarta District Court Class IA, Bandung District Court Class IA, Bale Bandung District Class IA and Garut District Court. Secondary data for this research were obtained from a literature study of laws and regulations governing the Small Claim Court procedure. Based on the results of the research, there are several problems related to the application of the Regulation on Small Claim Court related to the binding power of the use of the Small Claim Court, the use of a single judge in deciding, the problem of domicile differences. These problems can be minimized with several efforts to resolve them properly and effectively so that the application of the principles of fast, simple and low cost justice in a Small Claim Court is not only a mere slogan without any real realization.

Juridical Review of Inconsistency in The Implementation of Nafkah Iddah in Religious Court Rulings Pratiwi, Widya; Tjoneng, Arman
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.5166

In divorce cases involving talak ba'in sughra, providing iddah maintenance for ex-wives is still a controversial issue in legal practice. SEMA Number 2 of 2019 emphasizes that even if a wife is divorced through talak ba'in, she is entitled to iddah maintenance by prioritizing humanitarian considerations. However, irregularities arose due to differences in interpretation among judges, some of whom adhered firmly to Article 149 letter B and Article 119 of the Compilation of Islamic Law, which stipulates that a divorced wife is not entitled to iddah maintenance. This inconsistency results in wives' rights not being enforced evenly, thus compromising justice. This research uses normative juridical methods to analyze the application of law and legal interpretation regarding maintaining iddah. This underlines the critical role of the judge in determining the extent of the wife's right to iddah maintenance after divorce. To reduce this gap, there is an urgent need for the Supreme Court and high courts to align their interpretations. Achieving consensus regarding the implementation of SEMA Number 2 of 2019 across all judicial bodies will ensure consistent and fair treatment of wives who earn iddah income, align legal practices with humanitarian principles, and safeguard women's rights in the divorce process.

Analisis Term and Condition dalam Akses Digital Platform Ditinjau dari Hukum Positif Indrawan, Cecilia Vania; Tjoneng, Arman
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.11264

Digital platforms make it easy for people to do activities. But behind the convenience provided there are several problems that can endanger users. There is a need for regulations that specifically regulate the Protection of User Personal Data. Therefore, Law No. 27 of 2022 concerning Personal Data Protection was born. The research method used in this research is the Normative Juridical method. Based on the results of the research, the Personal Data Protection Law is sufficient to provide protection to users, especially due to data leaks that should be protected in accordance with the terms and conditions agreed and will be protected by the platforms. But it needs the help of other laws in protecting it, such as the 1945 Constitution which is the initial guideline, the ITE Law which regulates business actors, namely digital platforms that provide facilities for users to provide good and correct information as well as for users not to misuse these platforms, Permenkominfo which plays a role in supervising each platform to comply with predetermined provisions, the Civil Code as sanctioning articles, and the Consumer Protection Law which functions as the front guard to protect users, because there are threats to personal data security.

Implementasi Unsur Alasan Pemaaf dan Pembenar dalam Kekerasan di Lingkungan Pendidikan Bastyan, Almira Carissa; Tjoneng, Arman
Bhirawa Law Journal Vol 4, No 2 (2023): November 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i2.11209

In Indonesia today, violence against students in the educational environment is considered a dishonorable act, this is because with the birth of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, it was formed with the aim of protecting the rights of children wherever they are, including in the school environment. But in reality there are still violations of children's rights, especially in the school environment. The writing in this study uses normative juridical research methods that focus on principles, rules, applicable legal regulations that aim to find out how violence forms and how to solve the problems caused. The results showed that violence against children in the school environment is a form of non-optimal application of the Child Protection Law, and effective steps to resolve it can be done through legal channels (litigation) and non-legal channels (non-litigation) by looking at how severe the form and level that causes the impact of violence and others

MENGUJI KEWENANGAN DEWAN PENGAWAS KOMISI PEMBERANTASAN KORUPSI DALAM PEMBERIAN IZIN PENGGELEDAHAN SEBAGAI TINDAKAN MERINTANGI PROSES PENYIDIKAN (OBSTRUCTION OF JUSTICE) Tjoneng, Arman; Christin Septina Basani; Sidabutar, Novalita
Esensi Hukum Vol 2 No 2 (2020): Desember - Jurnal Esensi Hukum
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/esensihukum.v2i2.35

Abstract The Corruption Eradication Commission (KPK) has become a super institution with extraordinary restraint. With the new Corruption Eradication Commission Law, some people think that the KPK has been weakened, which has been an institution loved by the public, even though the government denies that the new KPK Law has not weakened the KPK at all. One of the new things is the formation of the KPK Supervisory Body, one of which has the authority to grant permission to the KPK to conduct searches, which in fact has an impact on the problems at hand. The method used is a normative legal research method. The approach used is a statutory approach. The data used are secondary data obtained by literature study and primary data obtained by conducting interviews with related party respondents. There has been a shift in the meaning of Barriers to Justice as stated in Article 221 of the Criminal Code with Article 221 of the Corruption Eradication Law where Article 221 of the Criminal Code views Obstruction of Justice as a material offense while for Article 21 of the Corruption Eradication Law, Judicial Obstruction is seen as a formal offense. On the other hand, the actions of the Supervisory Board in granting licenses for searches, confiscation, etc. are not automatically considered a disturbance of justice unless it can be proven that the elements of wrongdoing committed by the Supervisory Board can be proven. Keywords : Corruption, Authority, Obstruction Of Justice. ABSTRAK Komisi Pemberantasan Korupsi (KPK) telah menjadi lembaga super dengan pengekangan yang luar biasa. Dengan adanya Undang-Undang KPK yang baru, sebagian orang menilai telah terjadi pelemahan KPK yang selama ini menjadi institusi yang dicintai masyarakat, padahal pemerintah membantah bahwa Undang-Undang KPK yang baru sama sekali tidak melemahkan KPK. Salah satu hal baru yaitu adalah pembentukan Badan Pengawas KPK yang salah satunya memiliki kewenangan untuk memberikan izin kepada KPK untuk melakukan penggeledahan, yang ternyata berdampak pada permasalahan yang sedang dihadapi. Metode yang digunakan adalah metode penelitian hukum normatif. Pendekatan yang digunakan adalah pendekatan statutori. Data yang digunakan adalah data sekunder yang diperoleh dengan studi pustaka dan data primer diperoleh dengan melakukan wawancara dengan responden pihak terkait. Telah terjadi pergeseran makna Hambatan Keadilan sebagaimana tertuang dalam Pasal 221 KUHP dengan Pasal 221 Undang-Undang Pemberantasan Korupsi dimana Pasal 221 KUHP memandang Obstruksi Keadilan sebagai delik material sedangkan untuk Pasal 21 Undang-Undang Pemberantasan Korupsi, Obstruksi Peradilan dipandang sebagai delik formal. Di sisi lain, tindakan Dewan Pengawas dalam pemberian izin penggeledahan, penyitaan, dan lain-lain tidak serta merta dianggap sebagai gangguan keadilan kecuali dapat dibuktikan bahwa unsur-unsur perbuatan salah yang dilakukan Dewan Pengawas dapat dibuktikan. Kata Kunci: Korupsi, Otoritas, Obstruksi Keadilan.

Hak Pengelolaan Lahan dalam Pembangunan Kawasan Investasi Pulau Rempang Ditinjau dari Hukum Positif Indonesia Naufal Rahman, Afkaar; Tjoneng, Arman
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1656

The development of the Rempang Eco-City Investment Area is included in the National Strategic Project in 2023. In developing the investment area, the Government authorizes the Batam Free Trade and Free Port Area Concession Agency, hereinafter referred to as BP Batam, in the form of Management Rights (HPL). However, the authority is difficult to understand its legal position by various circles of society. The purpose of this study is to analyze the legal legality of land management and recognition of the existence of indigenous peoples as well as the protection of rights to communities affected by land vacancies for investment purposes on Rempang Island, Batam. The research method in this paper uses a normative juridical method with statutory approach and conceptual approach. The result of this research is that BP Batam does not have a strong basis as the holder of management rights to vacate the land currently occupied by the people of Rempang Island Batam. This is because BP Batam has not yet obtained the certificates for the management rights of Rempang Island and there is no legal basis related to the compensation budget either in the form of compensation or other programs. In addition, there is no clear recognition of the existence of indigenous peoples around Rempang Island. The efforts to protect the rights of people affected by land vacancies for investment purposes on Rempang Island Batam can be done by preventive efforts, repressive efforts and judicial efforts.

Perlindungan Hukum Terhadap Klien Akibat Tidak Diketahuinya Keberadaan Protokol Notaris dan Pejabat Pembuat Akta Tanah (PPAT) yang Meninggal Dunia Yuniawaty Lunandi, Yenny; Tjoneng, Arman
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1677

Notary and PPAT Protocols whose whereabouts are unknown and whose whereabouts are not known so that the protocol is not handed over will result in losses for clients using Notary and PPAT services because various data and files belonging to clients are stored by the Notary/PPAT so this becomes a legal issue related to protection legal clients who experience events like this. The type of research or approach method used is the normative legal research method and the approach used is the statutory approach. Based on research, when something like this happens, clients who experience the incident can contact the relevant agencies such as the Police, BPN and follow all established procedures.

Peran Komisi Kejaksaan Dalam Mengawasi Kinerja Kejaksaan Sebagai Pelaksana Asas Dominus Litis Dalam Penyelesaian Perkara Korupsi Kalalo, Gabriel; Tjoneng, Arman
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1848

The dominus litis principle is a principle that gives authority to the public prosecutor to control criminal cases. This principle confirms that no other body has the right to carry out prosecutions other than the public prosecutor. In the legal system in Indonesia, the principle of dominus litis is confirmed in Article 1 number 25 of Law Number 16 of 2004 concerning the Prosecutor's of the Republic of Indonesia. This article states that a public prosecutor is an official who is authorized by law to act as a public prosecutor in criminal cases, especially corruption cases. Then, legal problems that arise in the field still include the practice of bribery with the aim of mitigating or even acquitting through P3 letters, fatwa issuance scandals, and exceptions to indictments to reduce sentences, so enforcement and supervision are needed to overcome this. The research uses a Normative Juridical research method and uses a Statute Approach and a Case Approach, where this research focuses on legal principles, statutory regulations, legal rules and cases related to this research. With the existence of the dominus litis principle, it is hoped that the criminal law enforcement process in Indonesia can run more effectively and efficiently. Discussion regarding law enforcement and the role of the prosecutor's commission is an urgency considering that prosecutors as pioneers are expected to be in line with practice in the field, so that in the future the prosecutor's office as the holder of the Dominus Litis principle does not happen again which makes a prosecutor get involved in handling a corruption case.

Pemberian Grasi Oleh Presiden Terhadap Terpidana Tindak Pidana Pembunuhan Ditinjau Dari Perpektif Keadilan, Kepastian, Dan Kemanfaatan Hukum Sinaga, Cristina Natalia; Tjoneng, Arman
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i7.496

This study aims to illustrate that pardon should be given to individuals who truly admit their guilt and serve to complete justice, but not to erase the convict's guilt. Antasari Azhar, through his attorney, twice submitted a request for pardon to the president. The first request for pardon was rejected, but the second request was granted by the President. In the second granting of pardon, Based on the Supreme Court's decision in letter number 21/Panmud Pid/IX/2016/18/MA/2016 dated September 30, 2016, the President issued Presidential Decree 1/G/2017 on January 16, 2017. From the principles of justice and legal benefits, the granting of pardon to Antasari Azhar is considered to deviate from the two legal principles, because in accordance with Article 2 paragraph (3) of Law Number 5 of 2010 concerning amendments to Law Number 22 of 2002, a request for pardon can only be submitted once. From the perspective of the principle of legal certainty, the granting of pardon by the President to Antasari Azhar through Presidential Decree 1/G/2017, based on the submission of a pardon request twice, clearly contradicts Article 2 paragraph (3) which states that a pardon can only be submitted once.

Juridical Review of Inconsistency in The Implementation of Nafkah Iddah in Religious Court Rulings Pratiwi, Widya; Tjoneng, Arman
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.5166

In divorce cases involving talak ba'in sughra, providing iddah maintenance for ex-wives is still a controversial issue in legal practice. SEMA Number 2 of 2019 emphasizes that even if a wife is divorced through talak ba'in, she is entitled to iddah maintenance by prioritizing humanitarian considerations. However, irregularities arose due to differences in interpretation among judges, some of whom adhered firmly to Article 149 letter B and Article 119 of the Compilation of Islamic Law, which stipulates that a divorced wife is not entitled to iddah maintenance. This inconsistency results in wives' rights not being enforced evenly, thus compromising justice. This research uses normative juridical methods to analyze the application of law and legal interpretation regarding maintaining iddah. This underlines the critical role of the judge in determining the extent of the wife's right to iddah maintenance after divorce. To reduce this gap, there is an urgent need for the Supreme Court and high courts to align their interpretations. Achieving consensus regarding the implementation of SEMA Number 2 of 2019 across all judicial bodies will ensure consistent and fair treatment of wives who earn iddah income, align legal practices with humanitarian principles, and safeguard women's rights in the divorce process.

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