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All Journal Pembaharuan Hukum Sociological Jurisprudence Journal Pena Justisia: Media Komunikasi dan Kajian Hukum i-Latinnotary Journal: Internasional Journal of Latin Notary KREATIF: Jurnal Pengabdian Masyarakat Nusantara Jurnal Sipakatau
Siti Rodiah
Faculty Of Law, Universitas Pasundan, Bandung
Religion Arts Humanities Astronomy Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Physics Social Sciences Veterinary Other

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 1 
The Balancing Between The Principles Of Justice, Legal Certainty, And Expediency In The Implementation Of Auction Execution In The Settlement Of Civil Cases Erlan Jaya Putra; Siti Rodiah; Djuhaendah Hasan
International Journal of Latin Notary Vol. 2 No. 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.37

Abstract

The ultimate goal of the law enforcement process is that the law guarantees the implementation of equal justice and protection for human dignity, order, peace, and legal certainty under the provisions of the law. Three principles must receive professional attention, although it is challenging to do in practice. Therefore, the Judge must make every effort so that every decision rendered contains the three principles that are the basis and purpose of the law. The research method used in this research is analytical descriptive data obtained from secondary legal sources. The data obtained from field studies and document studies are then analyzed in a qualitative juridical manner. After the data has been collected, it is poured into a logical and systematic description without using mathematical formulas. The purpose of a court is to obtain a judgment and decision-making that knows the actuality of the case. As well as the legal rules governing it that will be applied, both legal authorities wrote in legislation and unwritten law, and to analyze the application of the three principles in the judgment and decision making. The results prove that judgment and decision-making are unrest and unsortable in life without these three principles, especially for justice seekers. Furthermore, the research results show that in applying legal certainty, whatever happens, the rules are so and must be obeyed or implemented. The application of justice is fair if it can provide balanced treatment between rights and obligations. While utilization means that the law exists for humans, then implementing the law or law enforcement must benefit society.
Fraus legis in land ownership conducted by foreign citizen in perspective of Indonesian land law Rima Komariah; Djuhaendah Hasan; Siti Rodiah
International Journal of Latin Notary Vol. 3 No. 01 (2022): Internasional Journal of Latin Notary, September 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i01.48

Abstract

Indonesia has a close relationship with the earth, water, space, and the natural wealth contained therein, so the land tenure hierarchy in Indonesia places the nation's rights in the highest order. Based on the concept of the nation's rights, only Indonesian citizens are allowed to have full relations with the territory of Indonesia, while foreigners are not allowed. In practice, foreign nationals have abused their rights so that they can have land rights in the form of property rights in which there is a law smuggling action. One of the problems that arise is the recognition of ownership of land rights in the form of islands by foreign citizens. The purpose of this research is to analyze the ownership of land rights by foreign nationals associated with the abuse of rights by foreign nationals, the ownership of land rights in the form of islands by foreign nationals in the Indonesian land law system is associated with the right to control by the state and the concept of land rights. land in the form of islands in the Indonesian land law system. This research uses secondary data which is arranged in a systematic, comprehensive, and integrated manner to achieve clarity of the problem to be discussed. The results of the study show that foreign nationals can have land rights in the form of usage rights and rental rights. This policy is given the embodiment of the principle of justice. but is not allowed to have land rights in the form of property rights. In practice, there are many cases of abuse of rights by foreign nationals which are legal smuggling carried out through marriage, rental agreements with irrelevant terms, and control of usufructuary rights over a land area that violates the rules. The state's right to control land originates from the Indonesian nation's right to land. The state can grant land rights to foreign nationals as long as the land has not been granted other land rights.
Peran Ibu Rumah Tangga Dalam Peningkatan Ekonomi Keluarga Melalui Bisnis Digital Pasca Covid-19 Elli Ruslina; Siti Rodiah
KREATIF: Jurnal Pengabdian Masyarakat Nusantara Vol. 3 No. 2 (2023): Juni : Jurnal Pengabdian Masyarakat Nusantara
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/kreatif.v3i2.1405

Abstract

The family economy is one source that can increase the family's welfare. The crisis caused by the Covid- 19 pandemic has exacerbated life in the household, thus demanding a change in behavior in a family's life. Prosperous survival of the role of the wife as a housewife is required to participate in the struggle for survival, especially in increasing economic needs. Economic needs include developing skills in the field of business, to be able to generate income, namely making food production, including pizza type foods which are currently in vogue, especially as snacks and side dishes. The problems faced in product development include the need for skills in marketing, and having to know the market share of the products offered. Marketing and market share is an obstacle in charging these products, so it requires a study that can open up better opportunities. The purpose of community service is to increase the role of housewives in improving the economy, especially the family economy through businesses using digital applications. The implementation method offered in product development includes several things that must be done, namely determining a strategic place other than the house as a place of production, strengthening in the field of capital, status of business entities that can provide added value, for example small and medium & micro businesses in the form of business entities individual; the status of recognition from the public for the products produced and following current trends with an electronic innovation. Involving digital technology partners can help marketing and expand market share. Data analysis uses secondary data in the form of laws and regulations and primary data through interviews. Strengthening the empowerment of the role of housewives who have produced a product needs to be carried out with various supports to support the economic progress of the family and also contribute to the economic growth of the community. Through outreach, briefings that involve related fields, for example regarding forms of supporting business entities, utilization of intellectual property rights, and new innovations in the field of digital technology, as well as being able to join wider associations and have existing insights well.
Legal Protection for Migrant Workers Under National and International Law Muhammad Ilham Sumartoputra; T. Subarsyah Subarsyah; Siti Rodiah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.4981

Abstract

The purpose of this study is to analyze and evaluate the implementation of legal protection for Indonesian Migrant Workers (PMI) according to national and international laws. This research aims to identify and understand the steps taken by the government in protecting migrant workers, especially those facing legal problems abroad, as well as explore effective and applicable legal protection models. Through this research, it is hoped that in-depth insights into policies and practices for the protection of migrant workers, as well as recommendations to strengthen existing legal protection in accordance with national and international standards. The research used is a normative research method with literature research involving the collection and analysis of primary, secondary, and tertiary legal materials. The results of the study show that the implementation of legal protection for Indonesian Migrant Workers (PMI) is regulated in national law through Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, which includes the placement, rights, and obligations of PMI, as well as the responsibilities of various related parties. At the international level, the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Their Family Members serves as the main legal instrument. To address the legal problems faced by migrant workers abroad, the Indonesian government, through BP2MI and the Ministry of Foreign Affairs, provides legal and advocacy services, including working with Indonesian advocates and negotiating with destination countries. An effective legal protection model includes the presence of BP2MI representatives in the countries of placement and the improvement of the quality and competitiveness of PMI through training and education, in line with the constitutional mandate to protect all Indonesian citizens.
General Confiscation Versus Criminal Confiscation in Regard to Curators’ Authority and Responsibility in Bankruptcy Settlement Process Elli Ruslina; Siti Rodiah; Benny Wulur
Sociological Jurisprudence Journal Vol. 3 No. 2 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.2.1803.112-116

Abstract

The process of bankruptcy general confiscation sometimes clashes with criminal confiscation process. The present study aims to look at curators’ authority and responsibility to sell bankrupt properties, which have been confiscated by investigating officers in a case of criminal confiscation. It also delves into the legal ramifications that may occur and into the concepts of bankruptcy settlement. This study employs a juridical normative method and the necessary legal material are collected through literature study. The legal material are analyzed in juridical qualitative approach, using a comparison between bankruptcy laws in several countries. Based on the result of this study, it is concluded that curators’ authority and responsibility are still applicable even though they are subject to appeal. The legal consequences in the case that bankrupt estate is being confiscated by investigating officers due to the conflict between criminal confiscation and general confiscation require the court to prioritize the criminal confiscation. Once it is resolved, bankruptcy assets/estate are returned to the curator. This study recommends that there should be an effort to legally synchronize and harmonize Article 39 Point (2) of KUHAP (Indonesian Law of Criminal Procedure) with Article 31 Point (2) of Law No. 37 Year 2004 Concerning Bankruptcy and PKPU (Suspension of Payment/Debt Moratorium). One of the solutions offered in this study is by implementing E-Court, as is the case in Indonesia’s Constitutional Court, especially in Commercial Court whose habitat is digital and that handles legal problems pertaining to creative economy.
Legal Reconstruction of Indonesian Sports Law: A Framework for Legal Protection and Certainty for Professional Athletes Wide Putra Ananda; Siti Rodiah; Utari Dewi Fatimah
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 3 (2026): April
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i3.587

Abstract

Purpose: This study examines the inadequacy of the Indonesian sports law system in providing legal protection and legal certainty for athletes and aims to formulate a reconstructed legal framework that recognizes athletes as professional legal subjects. Design/method/approach: This research employs a normative legal method based on doctrinal analysis, utilizing statutory, conceptual, comparative, and historical approaches. The study analyzes relevant legislation, jurisprudence, legal doctrines, and comparative legal systems, particularly in jurisdictions that formally recognize athletes as professionals. Findings: The study finds that Indonesian sports law remains predominantly administrative and fails to establish a rights-based framework for athletes. The absence of formal legal recognition creates a legal vacuum, weakening athletes’ contractual position, dispute resolution access, and social protection. The research proposes the enactment of an Athlete Profession Law, the institutional strengthening of the Indonesian Sports Arbitration Board (BAKI) with executorial authority, and the harmonization of national law with international lex sportiva principles. Research implications/limitations: As a normative legal study, the findings are derived from doctrinal analysis rather than empirical investigation. Future research is recommended to incorporate empirical data on athlete welfare, dispute cases, and policy implementation to strengthen the practical applicability of the proposed legal reforms. Originality/value: This study contributes to the development of sports law theory in Indonesia by introducing a rights-based reconstruction model grounded in Pancasila values and lex sportiva. It advances the concept of athletes as professional legal subjects and offers a comprehensive framework integrating legal recognition, protection, and institutional reform.
Civil Law Provisions on the Application of Compensation for Victims of Unlawful Arrest Based on Progressive Legal Theory Hardiansyah Putra; Siti Rodiah; Utari Dewi Fatimah
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48400

Abstract

Compensation for victims of wrongful arrest in Indonesia is regulated under Article 9 of Government Regulation Number 92 of 2015, which determines minimum and maximum compensation amounts based on the severity of harm suffered by victims. This study aims to analyze the implementation of compensation provisions for wrongful arrest victims, examine the relevance of civil law principles in addressing the resulting material and immaterial losses, and formulate an ideal compensation framework based on progressive legal theory. Using a descriptive-analytical method with a juridical-normative approach, the research relies on secondary data consisting of primary, secondary, and tertiary legal materials, supported by the analysis of relevant court decisions and doctrinal literature. The findings reveal a significant gap between normative regulations and judicial practice, where compensation is largely limited to material aspects and neglects immaterial harms such as psychological trauma, social stigma, and loss of reputation. Consequently, the study concludes that Article 9 of Government Regulation Number 92 of 2015 requires reformulation through a progressive, human-centered approach that integrates civil liability principles and social security mechanisms to ensure comprehensive, proportional, and substantive restitution for victims of wrongful arrest.
Co-Authors Benny Wulur Djuhaendah Hasan Djuhaendah Hasan Elli Ruslina Erlan Jaya Putra Hardiansyah Putra Muhammad Ilham Sumartoputra Rima Komariah T. Subarsyah Subarsyah Wide Putra Ananda