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Review of the Validity and Legal Justice of the Prosecutor's Demands in the Corruption Case Number: 2/Pid.Sus.TPK/2023/PN.Mks Khaidir, Khaidir; Shodiq, MD; Prasetyo, Dedy Ardian
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v4i2.3456

Abstract

The validity and fairness of the law against the charges are very important to be considered by the Public Prosecutor. The prosecution process by the public prosecutor begins with the study of the investigation file, then from the results of the public prosecutor's research can identify what evidence and the evidentiary strength is fulfilled, then for the inherent weaknesses known in the case file to prepare the juridical—accurate facts to anticipate problems that arise in the effort to prove in court. The problem in this paper is the basis for the Public Prosecutor's consideration regarding the Corruption Crime case and how to review the aspects of legality and legal justice against the Public Prosecutor's demands in case Number: 2/Pid.Sus.TPK/2023/PN.Mks. This paper uses a type of normative juridical method with the consideration that the problem being studied is relevant to the regulations and how to handle it in judicial practice. From the results of the research carried out, it can be concluded as follows: first, the Public Prosecutor in his Indictment in the form of an "alternative indictment" has been read out in the trial on January 13, 2023, filing an indictment against the defendant Eltinus Omaleng with the First Indictment Article 2 paragraph (1) Jo Article 18 of Law No. 31 of 1999 concerning the Eradication of Corruption Crimes Jo Article 55 paragraph (1) 1 of the Criminal Code Jo Article 64 (1) of the Criminal Code and the Second Indictment of Article 3 Jo Article 18 of Law No. 31 of 1999 concerning the Eradication of Corruption Jo Article 55 paragraph (1) 1 of the Criminal Code Jo Article 64 (1) of the Criminal Code. Second, the indictment and demands of the Public Prosecutor in case Number: 2/Pid.Sus.TPK/2023/PN.Mks do not have legal validity and justice, because all elements of the articles charged were not proven at trial.
Legal Protection Of Investors In The Face Of Insider Trading Practices Prasetyo, Heny; Prasetyo, Dedy Ardian; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.1088

Abstract

This research aims to analyse the legal protection of investors in the face of insider trading practices in the Indonesian capital market. Using the normative juridical method and analytical descriptive approach, this research examines the regulations governing the prohibition of insider trading in Law Number 8 of 1995 concerning the Capital Market, as well as the challenges in implementation and law enforcement against the practice. The results show that although the regulation on insider trading has been clearly regulated, its implementation still faces obstacles in terms of proving transactions and effective supervision. The Financial Services Authority (OJK) has sufficient authority to deal with this, but limited resources and technology utilisation in supervision are the main obstacles. This study recommends increasing supervisory capacity, updating evidentiary-related regulations, and utilising advanced technology to accelerate the detection and prevention of insider trading in the Indonesian capital market
Legal Strength of Village Head Certificate As a Basis for Land Ownership Rights Esau Djaha; Basuki Rekso Wibowo; Dedy Ardian Prasetyo
Asian Journal of Social and Humanities Vol. 3 No. 5 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i5.508

Abstract

Law Number 5 of 1960 concerning the Basic Agrarian Law (UUPA) in Article 19 mandates the implementation of land registration with the aim of providing legal certainty and protection. The research method used is normative juridical with an analytical approach, with a descriptive analytical specification. Normatively (das-sollen), the provisions regulated in the legislation always state that the purpose of land registration is to achieve legal certainty through the issuance of certificates. Empirically (das-sein), the reality in practice shows that land conflicts are cross-sectoral issues, where each sector has its own rules that overlap with one another. This correlates with differences in perceptions and relations between the parties involved in the agrarian conflict itself. The research findings show that the court's decision in resolving land conflicts with evidence of Village Certificates / Land Certificates is as follows: In practice, it turns out that obtaining a certificate is not as easy as the ideal condition it should be. Constraints such as distance from the administrative center, untidy and overlapping records, difficulties in field verification facilities, and various other obstacles make obtaining a certificate not a simple task. Village Certificates (SKD)/Land Certificates (SKT) are factually easier to obtain because they only require the authority of the village and records available at the village head's office. SKD/SKT is actually a supporting document and not a primary document, but in court, this document can serve as valid evidence of land ownership rights, replacing the primary certificate due to the significant role of the judge.
The Impact of Human Rights Principles on the Criminal Act of Caning: Asymmetric Decentralization Insight Prasetyo, Dedy Ardian; Rahimah Embong
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i1.528

Abstract

The implementation of caning punishment in Aceh highlights the challenges of balancing regional autonomy with national and international human rights obligations. This study examines the extent to which human rights principles influence the execution of caning punishment within an asymmetric decentralized system. Using a normative juridical methodology, the research incorporates conceptual, legislative, and comparative approaches. A key comparison is drawn between the implementation of caning in Aceh, Indonesia, and Malaysia, where sharia law also informs the legal system. The findings reveal that caning in Aceh is often excessive, discriminatory, and perpetuates a culture of violence. Unlike Malaysia, where caning is conducted privately within prison facilities to protect the dignity of the accused, Aceh carries out the punishment publicly, emphasizing deterrence and transparency. The study underscores the need for reform, including stricter oversight, alternative rehabilitative punishments such as social work or legal education, and enhanced public and legal awareness of the balance between sharia law and human rights. By adopting a more regulated approach, Aceh can uphold its cultural and religious identity while aligning with human rights standards, ultimately improving Indonesia’s international reputation and fostering a more just and humane legal system.
Existence of Banking Credit Agreement with Standard Clauses Related to the Implementation of Consumer Law Protection in Indonesia Ramjahif Pahisa Gorya Fiver; Yuhelson Yuhelson; Dedy Ardian Prasetyo
Jurnal Indonesia Sosial Sains Vol. 5 No. 05 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i05.1118

Abstract

This study examines the existence of banking credit agreements with standard clauses in the context of the implementation of consumer law protection in Indonesia. Standard clauses are often used by banks to regulate the legal relationship between banks and customers. However, the use of this clause often causes problems because it is considered detrimental to consumers. An agreement made by debtors and creditors is a complex series of laws, the emergence of conditions in an agreement that is still standard made unilaterally by business actors in this case, is banking where consumers have to submit and comply with the agreement there are standards clauses contained in a contract in the future making the consumer's position disadvantaged so that The situation possessed by debtors and creditors or business actors and consumers is not equal. This legal situation makes consumer protection law take many roles against violations or unlawful acts committed by debtors or, in this case, business actors. Legal protection for consumers in Indonesia is regulated in Law Number 8 of 1999 concerning Consumer Protection and Renewal in Law Number 4 of 2023. This study aims to analyze the extent to which standard clauses in banking credit agreements affect consumer rights and how the implementation of consumer law protection in Indonesia. The research method used is juridical normative with a qualitative approach. The results showed that although standard clauses aim for efficiency, they often contain unbalanced provisions that harm consumers. Therefore, tighter supervision and clear regulation are needed to ensure better consumer legal protection in banking credit agreements.
Regulatory Shifts and Legal Certainty in Cryptocurrency Trading: Towards an Integrated Supervision Model in Indonesia Berutu, Jundri R.; Yuhelson, Yuhelson; Prasetyo , Dedy Ardian
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.578

Abstract

The rapid growth of cryptocurrency trading in Indonesia reflects the increasing integration of digital assets into the national economy. Initially classified as tradeable commodities under the supervision of the Commodity Futures Trading Regulatory Agency (BAPPEBTI), cryptocurrencies have recently been repositioned within the financial sector's regulatory framework, following the enactment of Law No. 4 of 2023 on Financial Sector Development and Strengthening (UU PPSK). This study analyzes the legal and institutional implications of shifting supervisory authority to Indonesia's Financial Services Authority (OJK) and examines the regulatory challenges in ensuring legal certainty within this evolving digital asset landscape. Using a normative legal research method with statutory, conceptual, and comparative approaches, the findings reveal that Indonesia’s regulatory landscape remains fragmented and transitional. The absence of a unified and substantive legal framework, combined with institutional overlap and limited technological oversight capacity, undermines investor protection and market integrity. This paper recommends the formulation of a dedicated cryptocurrency law, the adoption of digital supervision mechanisms, and strengthened inter-agency coordination to build a coherent and future-proof legal regime. The novelty of this research lies in its critical examination of Indonesia’s regulatory transition and its proposal for a unified digital asset governance model. The study contributes to the growing body of scholarship on digital financial regulation in emerging markets and offers practical guidance for policymakers navigating the complexities of crypto-asset supervision.
ENGLISH LANGUAGE DIFFICULTIES AND STUDY HABITS OF INDONESIAN UNIVERSITY EXCHANGE STUDENTS STUDYING IN AN INTERNATIONAL PROGRAM AT RAJAMANGALA UNIVERSITY OF TECHNOLOGY KRUNGTHEP THAILAND: ENGLISH LANGUAGE DIFFICULTIES AND STUDY HABITS OF INDONESIAN UNIVERSITY EXCHANGE STUDENTS STUDYING IN AN INTERNATIONAL PROGRAM AT RAJAMANGALA UNIVERSITY OF TECHNOLOGY KRUNGTHEP THAILAND White, Alan Robert; Darodjat, Tubagus Achmad; Prasetyo, Dedy Ardian
International Journal of Performing Arts (IJPA) Vol. 4 No. 1 (2025): June
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/ijpa.v4i1.238

Abstract

This study examines the experiences of 32 Indonesian students enrolled in an international business program at a Thai university, focusing on their difficulties, motivation, and attitudes towards learning English. Data were collected through a 5-point Likert scale questionnaire and interviews. The research investigates factors such as language difficulties, anxiety, study habits, and the motivation to improve language skills. The results indicate that students face moderate difficulties in mastering English, but their motivation to learn the language is high. Anxiety related to speaking English is present but not overwhelming. Students’ study habits are slightly above neutral, suggesting room for improvement in learning strategies. Despite facing difficulties, students express a strong interest in improving their English proficiency. They enjoy listening to music and watching films in English. The study points to the need for tailored support to address language anxiety and study habits to help students succeed in language learning and academic work. The findings stress the importance of creating a positive and engaging learning environment that promotes linguistic and personal development.
Antara Autentisitas dan Kepastian Hukum: Analisis Terhadap Akta Pernyataan Keputusan Rapat yang Tidak Dibacakan di Hadapan Notaris Kusumawati, Raden Krishnaputri Devi; Martanti, Yurisa; Prasetyo, Dedy Ardian
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 12 No 1 (2025): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v12i1.12474

Abstract

The Deed of Statement of Meeting Resolution, as an authentic deed, must be read and signed before a notary in accordance with Article 16 paragraph (1) letter (m) of the Notary Office Law. In practice, however, this requirement is often neglected, leading to legal uncertainty. This study aims to analyze the legal consequences and legal certainty of deeds that are not read and signed before a notary. The research applies normative juridical methods with legislation, case, and conceptual approaches, supported by legal literature as primary and secondary sources. The analysis uses legal interpretation and construction techniques. The findings show that the absence of reading and signing before a notary nullifies the authenticity of the deed, resulting in new legal conditions, the alteration or termination of legal relationships, and potential sanctions. Legal certainty requires clear regulations, consistent application, approval by citizens, independent judiciary, and enforceable court decisions. The study recommends legal outreach by supervisory councils to notaries regarding due diligence principles and updated regulations, as well as public legal education on the validity of authentic deeds.
Legal Reformulation of Ultra-Micro Financing as an Instrument for Strengthening the People's Economy in Indonesia Tambunan, Melpa; Prasetyo, Dedy Ardian; Patarawadee, Patarawadee
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1448

Abstract

Ultra Microfinance (UMi) is one of the inclusive strategies to encourage people's economic growth, especially for small businesses that have not been reached by the formal financial system. However, the implementation of this program still faces obstacles due to the lack of comprehensive and responsive legal regulations. This research aims to analyze the gap between legal norms and the practice of ultra-micro financing implementation in the field and offer an adaptive and equitable legal reformulation model. Using a juridical-normative and empirical approach, data was collected through a literature study, interviews with micro business actors, and focus group discussions (FGDs) with lending institutions and stakeholders. The results show that the lack of legal protection, regulatory incoherence, and low legal literacy of the community hinder the effectiveness of the UMi program. Therefore, regulatory reformulation is needed in the form of a master legal framework that includes clear legal substance, strong institutional structure, and participatory legal culture. This research offers a conceptual model of legal reformulation of ultra-micro financing based on the principles of distributive justice, financial inclusion, and legal responsiveness. The results are expected to provide conceptual and practical contributions in the development of financing law policies that favor the community and support inclusive and sustainable national economic development.
Corporate Human Rights Due Diligence in Transnational Business: Towards a Binding Normative Framework in International Private Law Cindya, Cindya; Prasetyo, Dedy Ardian; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1712

Abstract

The global expansion of transnational corporations has intensified concerns over human rights (HR) violations, including forced labor, environmental harm, and the displacement of local communities. Existing international instruments—such as the UN Guiding Principles on Business and Human Rights (UNGPs) and OECD Guidelines—remain non-binding and lack effective enforcement. While regional initiatives like the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) signal a transition toward binding obligations, their territorial scope limits broader applicability. This gap underscores the pressing need for normative frameworks that supersede voluntary standards. This study adopts a normative juridical methodology, analyzing international instruments, landmark cases (Kiobel v. Royal Dutch Petroleum and Chevron v. Ecuador), and comparative regulatory approaches. The findings demonstrate that private international law offers untapped potential to embed HR due diligence (HRDD) obligations within transnational business practices. Contractual mechanisms, choice of law clauses, and international arbitration can transform HRDD into binding legal commitments, complementing public international law while addressing jurisdictional and enforcement barriers. The novelty of this research lies in reframing private international law as a substantive tool for human rights enforcement. It advances the paradigm of “privatization of human rights accountability,” expanding the discourse on corporate accountability beyond the limits of public law. Practically, the study contributes actionable models for regulators and corporations to integrate HRDD into global supply chains, thereby strengthening both human rights protection and sustainable corporate governance