Article Per Year (5 Year)
p-Index From 2021 - 2026
5.521
P-Index
This Author published in this journals
All Journal JURNAL HUKUM JURNAL MAGISTER HUKUM UDAYANA Lentera Hukum JURNAL LITIGASI (e-Journal) Jurnal Komunikasi Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Akta Jurnal Wawasan Yuridika Nagari Law Review Jurnal Hukum Samudra Keadilan ADLIYA: Jurnal Hukum dan Kemanusiaan MIZAN, Jurnal Ilmu Hukum JURNAL HUKUM MEDIA JUSTITIA NUSANTARA Prosiding National Conference for Community Service Project Journal of Law and Policy Transformation Legalitas: Jurnal Hukum JURNAL PEMBANGUNAN HUKUM INDONESIA Ganesha Law Review JURNAL USM LAW REVIEW Legal Spirit ARBITER: Jurnal Ilmiah Magister Hukum JUNCTO: Jurnal Ilmiah Hukum Jurnal Komunitas Yustisia JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Journal of Judicial Review AMNESTI : Jurnal Hukum Batulis Civil Law Review YURISDIKSI : Jurnal Wacana Hukum dan Sains BHIRAWA LAW JOURNAL Jurnal Hukum Pelita Al-Istinbath: Jurnal Hukum Islam SASI Lex Scientia Law Review International Law Discourse in Southeast Asia
Rusdiana, Shelvi
Universitas Internasional Batam
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 43 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 43 Documents
Search

 1   2   3   4   5 
Indonesian Clean Water Availability in SDGs: Analysis of Emerging Legal Problems Shelvi Rusdiana; Ninne Zahara Silviani; Sri Zanariyah; Ratna Kumala Sari
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 12 No 4 (2023)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2023.v12.i04.p01

Abstract

The right to access clean water is a fundamental human right and an important part of SDGs. Indonesia as a country committed to developing SDGs-compliant policies to respond to climate challenges need to make sure that it has enough normative support from its legal framework. Using normative legal research method, this study analyzes the emerging legal problems regarding the Indonesian government’s responsibility to provide clean water to its citizens. To support the analysis, this study employs the statutory approach to find the normative problems contributing to a number of possible legal problems that might hinder Indonesia’s commitment to SDGs, particularly the one to make sure that every person has the right to access clean water. Analysis of this research finds that there are normative confusions within the Indonesian legal framework that are related to the government’s responsibility in providing access to clean water, along with the urgency to tackle to these normative issues to better deal with the emerging legal problems, in the face of climate change.
Restorative Justice Framework for Underage Drug Abusers to Face Long-Term and Societal Challenges Abdurrakhman Alhakim; Shelvi Rusdiana; Rufinus Hotmaulana Hutauruk
Jurnal Wawasan Yuridika Vol 7, No 1 (2023): March 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i1.4209

Abstract

Youth development has always been an important aspect in the fight against drug abuse, which includes the effort in dealing with underage drug abusers to help them reflect and get back to society. Using normative legal research method, this research dives deep into the challenges facing underage drug abusers on their way back to society and how these challenges impact their future involvement with drugs and their ability to function normally. Through statutory approach, this research finds the possible normative construction to provide a concrete framework of restorative justice. With the restorative justice approach, societal challenges facing underage drug abusers such discriminations, prejudice, and labelling can be met with solutions that provide implementation during the process of rehabilitation and after it.
Pelaksanaan Asas Dominus Litis Jaksa pada Tahapan Penuntutan Rehabilitasi Pelaku Penyalahgunaan Narkotika Berdasarkan Asesmen Terpadu Rusdiana, Shelvi; Jaya, Febri; Anggresca, Risella Vini
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.v5i1.13307

Abstract

Narcotics are substances or drugs derived from plants or non-plants that can cause a decrease or alteration in consciousness, loss of sensation, reduction or elimination of pain, and can lead to dependence. In fact, Law Number 35 of 2009 concerning Narcotics classifies between traffickers and users, each with different penalties, namely rehabilitation demands based on the stages of the case by the Prosecutor's Office following the principle of dominus litis, where the prosecutor controls the case. This study aims to examine the qualifications of criminal narcotics regulations with rehabilitation demands and to understand and analyze the implementation of the principle of dominus litis by prosecutors in handling criminal narcotics cases based on integrated assessments. This research employs a normative juridical research method that starts from statutory regulations, books, scientific journals with a legislative approach consisting of Law Number 35 of 2009, PERJA 029 of 2015 regarding Technical Instructions for Handling Narcotics Addicts and Victims of Narcotics Abuse into Rehabilitation Institutions, Guideline Number 18 of 2021 regarding the Settlement of Criminal Cases of Narcotics Abuse through Rehabilitation with a Restorative Justice Approach as the Implementation of the Dominus Litis Principle, using a conceptual approach. The demand for rehabilitation becomes the primary goal of case resolution in line with the principle of utility based on specific classifications according to prevailing provisions.
Sanctions For Non-Performing Corporate Social Responsibility Jaya, Febri; Hutauruk, Rufinus Hotmaulana; Rusdiana, Shelvi
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1751

Abstract

Introduction: Companies are legal materials that have a role in national development. Its role can be realized by carrying out corporate social and environmental responsibilities as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies. However, many companies neglect this responsibility.Purposes of the Research: The purpose of this study is to analyze the sanctions related to companies that do not carry out these responsibilities.Methods of the Research: The method in this research is normative juridical. In this study also used literature study. In terms of reviewing this research, a judical basis was used which consisted of Law Number 40 of 2007 and Government Regulation Number 47 of 2012.Results of the Research: Based on the results of the research, it was found that the laws and regulations governing corporate social and environmental responsibility have a legal vacuum, namely that there are no clear sanctions for companies that do not carry out these responsibilities. The urgency of regulation is sanctions because by not regulating sanctions, there is an ambiguity of norms that will lead to legislative law.
Legality and Proof of Unwritten Agreements from a Civil Law Perspective Agustini, Shenti; Jaya, Febri; Rusdiana, Shelvi
Batulis Civil Law Review Vol 5, No 2 (2024): VOLUME 5 ISSUE 2, JULY 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i2.2033

Abstract

Introduction: Making agreements in Indonesia can be done in written and unwritten form. This is in accordance with the principle of freedom of contract in the Civil Code. Unwritten agreements are also very often carried out in the business world because they are more efficient. However, unwritten agreements are problematic because they are very difficult to prove in civil court.Purposes of the Research: There are 2 (two) objectives in this research, namely first, to analyze the legal strength of unwritten agreements from the perspective of civil law books and second, to analyze evidence in civil courts for cases of breach of contract in unwritten agreements. Then to find the right legal solution in resolving default problems in civil court.Methods of the Research: The research method used in this research is normative juridical. This method uses literature study techniques. The type of data used comes from primary data, namely the Civil Code and legal principles, namely freedom of contract. then the secondary legal material used is in the form of previous research articles which examine the validity of unwritten agreements.Results of the Research: Based on the research results, it was found that unwritten agreements have binding legal force. However, in reality it is very difficult to prove it in court because evidence in civil law comes from written letters. Therefore, the solution that can be offered is the need for preventive and repressive legal efforts.
Pencabutan dan Pembatasan Hak Memilih dari Ekspatriat: Sebuah Kajian Perspektif Konstitusional Rusdiana, Shelvi; Hutauruk, Rufinus Hotmaulana; Situmeang, Ampuan
Legal Spirit Vol 8, No 1 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.5032

Abstract

The right to vote as a fundamental human right in a democratic country like Indonesia, in fact cannot always be guaranteed to be implemented and its benefits can be realized. The problem of election integrity in Indonesia, which has not improved, has encouraged Indonesia to continue to update its democratic party implementation system, including considering various existing alternatives. Revoking and limiting expatriates' right to vote is a practice that has actually been carried out by other countries, to improve the integrity of elections. This research aims to analyze the possibility of revoking and/or limiting the right to vote from expatriates as an effort to increase election integrity, with a constitutional lens. This analysis is supported by normative legal research methods, with a statutory approach and a comparative approach. The research results found that although revoking the right to vote from expatriates is an unconstitutional option and has not been implemented, the government can implement limiting the right to vote from expatriates to cover the normative gap that exists regarding citizenship, while increasing the accuracy of election list data, by implementing several policies that have been implemented by other countries
Tinjauan Yuridis Terhadap Tindak Pidana Physical Sexual Harassment Yang Dialami Perempuan Shelvi Rusdiana; Tantimin; Ling, Suryani
Jurnal Hukum Samudra Keadilan Vol 18 No Khusus (2023): Jurnal Hukum Samudra Keadilan
Publisher : Fakultas Hukum, Universitas Samudra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33059/jhsk.v18iKhusus.8782

Abstract

Sexual harassment against women is an act that does not reflect an attitude of caring between humans. Sexual harassment predominantly occurs in women due to the stigma that makes women as beings who have a weaker and lower position than men. The law functions to accommodate the community in order to provide security in public spaces. The function of law is to define societal norms, that law follows developments in societal behavior. This article uses normative legal research methods because this research originates from existing legal norms. With the type of legal approach, statutory regulations (Statue Approach), conceptual approach (Conceptual Approach) and case approach (Case Approach). The data used uses secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique used in writing this article was through literature study (Library Research) and analyzed using descriptive qualitative methods. So the general aim of the characteristics of this article is to find out what forms of legal protection exist for victims of physical sexual harassment crimes experienced by women in Indonesia.
URGENSI ONLINE DISPUTE RESOLUTION SEBAGAI BENTUK PENYELESAIAN SENGKETA DI ERA SOCIETY 5.0 Rivaldo Fariadi Ivanda; Shelvi Rusdiana
Ganesha Law Review Vol 5 No 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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

Abstract

The era of society 5.0 is an era where information technology and humanities run simultaneously, the presence of technology in a developing society with the presence of laws that adjust to form a harmony and renewal that brings progress to Indonesia, one of which is the presence of online dispute resolution as a form of dispute resolution that is make it easier not only for entrepreneurs but for consumers who are in dispute. The presence of ODR in Indonesia is a necessity for the community due to the increasing number of people interacting with the internet, this is also encouraged as a form of efficiency both in terms of time and cost. ODR which is developing in Indonesia is also supported as an online dispute resolution with the presence of the ITE Law, Government Regulation of Trading through ES and the AADR Law. Research conducted by researchers using normative methods by collecting data qualitatively and utilizing documents, journals, books, and laws and regulations as a form of research elaboration. The data sources used are secondary data sources using writings, dictionaries and regulations as basic references. This study aims to determine the urgency of the presence of the Arbitration Law and Alternative Dispute Resolution which can be the basis for implementing Online Dispute Resolution in Indonesia, but there is a need for a law that specifically regulates this ODR so that it can focus more on disputes and their regulation
RUANG LINGKUP PERLINDUNGAN DATA PRIBADI: KAJIAN HUKUM POSISTIF INDONESIA Muhammad Fikri; Shelvi Rusdiana
Ganesha Law Review Vol 5 No 1 (2023): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

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

Abstract

The escalation of technology use in various lines of human life poses a new challenge to efforts to protect privacy and personal data in Indonesia. In addition, changes in procedures for collecting, managing, and disseminating data are developing very quickly, from the manual stage to the digitization movement. However, the increase in technological literacy rates has backfired for digital users due to the spike in cases of personal data leakage reaching 143% in 2022. In order to answer this phenomenon, the presence of law becomes the master key in providing personal data protection for users, either preventively or repressively. The focus of his research refers to the substance of Law Number 11 of 2008 or Law Number 19 of 2016 concerning Information and Electronic Transactions, hereinafter referred to as the ITE Law, and Civil Law as a form of national legal pluralism. Not only that, ownership of personal data can also be equated as material rights because of the droit de suite principle. With this material right, if an unlawful act (PMH) occurs as Article 1365 of the Civil Code, compensation can be demanded for the mistake. Furthermore, the purpose of this study is to analyze and understand how the perspective of Civil Law and the ITE Law regarding the protection of personal data in Indonesia. Then, the research method used is the normative juridical research method with various secondary data through the statute approach, conceptual approach, and analytical approach.
Dual-Class Share Structure in the Indonesian Equity Market Seroja, Triana Dewi; Tan, David; Fitri, Winda; Rusdiana, Shelvi
Lentera Hukum Vol 10 No 3 (2023)
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i3.43733

Abstract

A lot of major equity markets abroad have allowed the listing of the Dual-Class Share Structure (DCSS) corporations. DCSS is an agreement in which two types of shares are issued by the very same firm, with one type of share conferring greater power compared to the other. The Indonesian Stock Exchange only allows for limited access for DCSS technology-related corporations to list on its Mainboard. To remain attractive as Southeast Asia's top financial centre, Indonesia needs to alter its securities regulations while making its listing market adaptable to meet the needs of various enterprises. This research aims to analyse and elaborate on permitting DCSS corporations to go public and devise suitable governance safeguards to guarantee the highest possible standards of corporate governance are upheld. This research explores the legal certainty and applicability of DCSS in the Indonesian equity market and abroad, using a qualitative approach and thematic analysis of secondary data. The major finding of this research is the acceptance of DCSS adds to issues with abuse of power by the controlling shareholders, which was outweighed by their cash flow rights. While those in favour of DCSS argue that the existing shareholders' main reason for choosing a DCSS arrangement is to preserve company control. Most major exchanges in the world have taken action to accommodate DCSS going public, like those in the USA, Hong Kong, Singapore, and China. Considering the magnitude of the Asian market, Indonesia can emulate the accomplishments of other exchanges too. A series of recommendations are provided to guarantee the highest standards of corporate governance can be upheld, such as: permitting DCSS for new entrants and innovative businesses, regulating the ownership of enhanced voting shares, and setting out sunset provisions for DCSS arrangement.Keywords: Company Law, DCSS, Dual-Class Shares, Equity Market.
Co-Authors Abdurrakhman Alhakim Adiyanto Adiyanto Agustianto Agustianto, Agustianto Agustini, Shenti Alhakim, Abdurrakhman Alvin Andrianto Anggia Putri, Windi Regina Anggresca, Risella Vini Anggriawan, Rizaldy Arroyan, Kharisma Nur Azizah Daniella Natasha Disemadi, Hari Sutra Divia, Felysha Putri Elisa Nilla Sari Simanjuntak Elza Syarief, Elza Febriyani, Emiliya Fiona Vivian Fitri, Winda Hieu, Le Ho Trung Hutauruk, Rufinus Hotmaulana Isnaini, Nurun Jaya, Febri Joy Christian Tedjo Karo Karo, Rizky Pratama Putra Ling, Suryani Maryto S, Bella Oktavia muhammad fikri Nipon Sohheng NURLAILY, NURLAILY Ratna Kumala Sari Razak, Siti Suraya Abd Rivaldo Fariadi Ivanda Saefudin, Yusuf Sholahuddin Al-Fatih Silviani, Ninne Zahara Silviani, Ninne Zahra Simanjuntak, Elisa Nilla Sari Simatupang, Evlyn Grace Sitompul, Grace Margareth Petricia Situmeang, Ampuan Sohheng, Nipon Sri Zanariyah Tan, David Tan, Winsherly Tantimin Triana Dewi Seroja Trinh, Hien Verensia Windi Afdal, Windi