Articles
Analisis Putusan Nomor 66/Pid.B/2014/Pn.Amp dalam Kasus Pidana Pembunuhan: Adanya Pertimbangan Hakim yang Tidak Sesuai dengan Ketentuan Hukum
Gunawan Widjaja;
Delia Bazlina
Bulletin of Community Engagement Vol. 4 No. 2 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena
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DOI: 10.51278/bce.v4i2.1334
This study analyzes Decision Number 66/Pid.B/2014/PN.Amp in a murder case, highlighting the alleged inconsistencies in judicial considerations with legal provisions. A normative approach was used to evaluate the consistency of the judge's considerations with the available evidence, adherence to legal procedures, and principles of justice. The analysis reveals that the District Court of Amlapura applied Article 338 of the Criminal Code (ordinary murder), despite evidence suggesting premeditation that should be categorized under Article 340 (premeditated murder). The High Court of Denpasar corrected this by applying Article 340 and increasing the prison sentence to 13 years. This correction aligns better with the facts and principles of justice, setting a better legal precedent for judicial practices in Indonesia.
Analisis Komparatif: Penerapan Hukuman Mati dalam Kasus Pembunuhan di Berbagai Negara
Gunawan Widjaja
Bulletin of Community Engagement Vol. 4 No. 3 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena
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DOI: 10.51278/bce.v4i3.1517
This research aims to conduct a comparative analysis of the application of the death penalty in murder cases in various countries. There are significant differences in the policies and practices of the death penalty, with some countries such as the United States and Japan still retaining it, while European countries such as the United Kingdom and Germany have abolished this punishment. Cultural, political, and legal factors influence how the death penalty is applied, for example, in Middle Eastern countries guided by sharia law and in China which has broader and less transparent execution policies. Overall, global trends show a trend toward reducing and abolishing the death penalty, reflecting shifts in social norms and human rights advocacy. This research highlights the importance of considering local context in death penalty policy and supports the need for international dialogue to encourage a more humane and effective implementation of justice
Alternative Legal Solutions for Petty Theft Cases
Wahyudi;
Gunawan Widjaja
Bulletin of Community Engagement Vol. 4 No. 3 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena
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DOI: 10.51278/bce.v4i3.1628
This kind of approach focuses on rehabilitation and taking responsibility for one’s action rather than severe punishment. Pretrial interventions also allow the offender to participate in rehabilitative programs aimed at skills training and preventing future offenses without the stressful effect of the traditional criminal scion. More training and resources for police are crucial in the management of petty theft cases without the loss of public trust in the system of justice. Wanting community education efforts are also important in the elimination of petty theft. The study in this research uses the literature research method. Literature research method, also known as literature study, is an approach in research that relies on secondary data through the collection, analysis, and interpretation of published materials relevant to the research topic. The rationale for alternative legal solutions for petty theft cases cases demonstrates an advancement of criminal justice systems going beyond punitive measures. With the help of the restorative methods of justice, the two parties- the offender and the victim – become participants in the process of redress, which makes it possible for the offender to accept responsibility for his/her behaviour and for the victim to be reinstated with a sense of justice.
COVID-19 Pandemic and Law No. 6 Year 2018 regarding Health Quarantine
Widjaja, Gunawan
Journal of Indonesian Health Policy and Administration Vol. 5, No. 2
Publisher : UI Scholars Hub
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By late March, to anticipate the spreading of COVID-19 pandemic, the President of the Republic of Indonesia has issued several regulations. The Author has examined that the main laws that were used as the based for the issuance of those regulations are Law No.6 Year 2018 regarding Health Quarantine (the Health Quarantine Law). Therefore in order to handle COVID-19 pandemic, an understanding of the Law become a must. The aim of this research is to elaborate and explain the Health Quarantine Law to reduce the COVID-19 pandemic. This research is normative legal research. The research used secondary data, which consisted of primary legal sources and secondary legal sources. Data were collected through the "google scholar machine". Data obtained were analyzed using a qualitative approach. Findings and analysis proved that besides those newly issued regulations there were several measures and acts that should be taken to handle the COVID-19 pandemic in Indonesia. The Author suggests that the Central Government shall take the necessary steps as soon as possible.
LEGAL ANALYSIS OF MULTIPLE LAND CERTIFICATES: A CASE STUDY IN INDONESIA
Ikhwan, Muhammad;
Widjaja, Gunawan
Berajah Journal Vol. 4 No. 11 (2025): Berajah Journal
Publisher : CV. Lafadz Jaya
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DOI: 10.47353/bj.v4i11.524
This research analyses the legal problems caused by the existence of multiple land titles in Indonesia, which reflect weaknesses in the country's land administration system. Multiple title cases not only create legal uncertainty and increase land disputes but also burden the judicial system with lengthy and complex legal processes. The economic impact is felt across sectors, with delays in property development and declining property values, affecting individuals, investors and financial institutions. The study emphasises the importance of legal reform and improvement of the land registration system with the adoption of modern technology and increased supervision. This will lead to a more transparent, accurate and reliable land administration system, reducing the potential for multiple land titles and providing better legal protection to landowners.
DATA PRIVACY IN E-COMMERCE BUSINESS: CHALLENGES AND LEGAL SOLUTIONS
Gunawan Widjaja;
Hotmaria Hertawaty Sijabat
Jurnal Komunikasi Vol. 3 No. 3 (2025): Maret
Publisher : ADISAM PUBLISHER
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This study discusses the challenges and legal solutions related to data privacy in e-commerce businesses, which is becoming increasingly important as the volume of online transactions increases. Consumer data privacy faces significant risks due to cybersecurity threats and the complexity of cross-jurisdictional regulations. To overcome these challenges, a series of legal solutions are needed, including strengthening privacy regulations, increasing corporate transparency in data use, and educating consumers and businesses. The implementation of regulations such as GDPR and CCPA shows important progress in the protection of personal data, but continuous efforts are needed to maintain consumer trust and ensure effective compliance worldwide.
IMPACT OF DATA PROTECTION REGULATION UPDATES ON CYBERSECURITY IN FINANCIAL INSTITUTIONS
Gunawan Widjaja;
Hotmaria Hertawaty Sijabat
Jurnal Komunikasi Vol. 3 No. 3 (2025): Maret
Publisher : ADISAM PUBLISHER
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This study aims to evaluate the impact of data protection regulation updates on cybersecurity in financial institutions. Stricter regulatory updates have encouraged financial institutions to adopt better security measures, such as data encryption, intrusion detection, and stricter access control, which significantly improve the security of customer data. However, the process of adjusting to the new regulations also poses significant technical and operational challenges, including the need for significant investment in technology and staff training. On the other hand, the implementation of this regulation has the potential to increase customer confidence in financial institutions, as customers feel that their data is properly managed and secure. Thus, the update of this data protection regulation not only has an impact on improving cybersecurity, but also opens opportunities for financial institutions to strengthen relationships with customers and gain a competitive advantage in the industry.
PROTECTION OF CHILDREN'S DATA ON THE INTERNET: LEGAL AND POLICY ASPECTS
Gunawan Widjaja;
Hotmaria Hertawaty Sijabat
Jurnal Komunikasi Vol. 3 No. 4 (2025): April
Publisher : ADISAM PUBLISHER
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The protection of children's data on the internet is becoming an increasingly crucial issue as the use of digital technology by children increases. This study explores various legal and policy aspects designed to protect children's personal data in the digital realm. In the legal context, this document discusses regulations adopted by various countries, such as the Children's Online Privacy Protection Act (COPPA) in the United States, which requires parental consent for the collection of data on children under a certain age. In addition, the policies implemented by governments, technology companies, and educational institutions are outlined to demonstrate how multisectoral collaboration can strengthen the protection of children's data. The main findings highlight the importance of public education and consistent implementation of existing policies as the key to creating a safer online environment for children. The study concludes with policy recommendations to improve the framework for the protection of children's data, including the need for strict sanctions against violations and the importance of raising awareness about digital privacy.
THE RIGHT TO BE FORGOTTEN: LEGAL IMPLICATIONS IN THE CONNECTED INFORMATION ERA
Gunawan Widjaja;
Hotmaria Hertawaty Sijabat
Jurnal Komunikasi Vol. 3 No. 4 (2025): April
Publisher : ADISAM PUBLISHER
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This article discusses the concept of the ‘Right to Be Forgotten’ in the context of an increasingly connected digital era. This right allows individuals to request the removal of their personal data that is irrelevant, outdated, or misleading from online search results, thus giving them greater control over their personal information scattered on the internet. However, the implementation of this right raises complex legal challenges, particularly in balancing individual privacy rights with freedom of public information. This article explores the existing legal framework, as well as the social and ethical implications of implementing the ‘Right to Be Forgotten’. Thus, this article underlines the need for a flexible and balanced policy framework to accommodate technological developments without compromising the principles of transparency and access to information.
THE IMPACT OF BIG DATA ON INDIVIDUAL PRIVACY: LEGAL ANALYSIS AND PROTECTION POLICIES
Gunawan Widjaja;
Hotmaria Hertawaty Sijabat
Jurnal Komunikasi Vol. 3 No. 4 (2025): April
Publisher : ADISAM PUBLISHER
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The development of big data technology has had a significant impact on various aspects of life, including individual privacy. This phenomenon allows for the collection, analysis, and dissemination of large amounts of data, which often involves personal information. This impact poses serious challenges in protecting individual privacy rights due to the unauthorised use of data which can lead to the misuse of information. This study explores the dynamics and implications of big data on individual privacy, including an analysis of existing policies and legal regulations. Several regulations such as the GDPR in the European Union, the CCPA in the United States, and the Personal Data Protection Act in Indonesia have become an important foundation for the protection of individual rights in the management of personal data. However, the effective implementation of regulations remains a major challenge given the rapid pace of technological development and data growth. Thus, this study emphasises that privacy protection in the big data era requires a holistic approach that includes strict regulation, the application of security technologies such as encryption and anonymisation, and public education about the importance of data privacy. Only with global collaboration and continuous efforts can people enjoy the benefits of big data while maintaining the privacy rights of each individual.