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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah International Journal of Law Reconstruction Media Iuris ADDIN Law Development Journal Proceedings Series on Social Sciences & Humanities Volksgeist: Jurnal Ilmu Hukum dan Konstitusi International Journal of Law Society Services Innovative: Journal Of Social Science Research Jurnal Ilmiah Sultan Agung SASI TABELLIUS
Andri Winjaya Laksana, Andri Winjaya
Fakultas Hukum Universitas Islam Sultan Agung
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The Challenges of Using the Omnibus Law Method in Indonesia’s Legal System Widayati, Widayati; Winanto, Winanto; Laksana, Andri Winjaya; Huda, Moh. Nurul; Fareha, Nur
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.13382

Abstract

The introduction of the Omnibus Law with Law Number 11 of 2020 on Job Creation marked a significant change in Indonesia’s approach to legislation, as this method was previously unfamiliar in the country. Consequently, the law faced legal challenges and was brought before the Constitutional Court (MK) for review. The Court ruled that the legislative process was flawed, highlighting a lack of public involvement and transparency, and found that the omnibus law method did not have a solid legal foundation within Indonesia’s existing legal framework. In response to these concerns, the House of Representatives and the President passed Law Number 13 of 2022, which included guidelines for using the omnibus law method in future legislation. This method is widely used in common law countries, while Indonesia operates under a civil law system rooted in democratic principles. This study focused on examining implications of the omnibus law method through a normative juridical approach, utilizing secondary data and qualitative analysis. The findings show that while this method can streamline the drafting and discussion of laws—saving time and effort—it also has significant downsides. This include a tendency to prioritize practicality over thorough research and limited public engagement, which undermines its democratic nature. Therefore, if Indonesia chooses to continue using the omnibus law method, it is crucial to address these limitations. Specifically, there must be genuine opportunities for public participation that go beyond just empty formalities. Careful and accurate implementation is needed to ensure that the resulting legislation is effective, high quality, and ultimately regarded as beneficial by the community.
IMPLEMENTATION OF REHABILITATION FOR DRUG ABUSES ACCORDING TO LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS Bawono, Bambang Tri; Wahyono, Dwi; Laksana, Andri Winjaya
Jurnal Hukum Vol 38, No 1 (2022): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.38.1.1-11

Abstract

This study aims to determine and analyze the implementation of rehabilitation for narcotics abusers according to Law no. 35 of 2009 concerning Narcotics and Barriers and what solutions are faced in the implementation of rehabilitation for addicts or narcotics abusers. The approach method used in this research is juridical sociology. The results of this study indicate that the implementation of rehabilitation for addicts or victims of narcotics abuse in principle is carried out through court decisions or requests from addicts or victims of narcotics abusers. There are three stages carried out to return addicts or victims of narcotics abusers to their original state, namely the medical stage, the non-medical stage, and the periodic or advanced stage. The obstacles faced in the implementation of rehabilitation are addicts or victims of narcotics abusers who are already in a semi-crazy condition, addicts or narcotics abusers do not want to open up, family factors, and the view of the police who still apply imprisonment for narcotics addicts.
The Role of the Police Intelligence Unit in the Investigation of Murder Crimes (Case Study at the Natuna Police Resort) Iqbal, Muhammad; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46117

Abstract

This study examines the role and effectiveness of the Natuna Police Intelligence Unit (Satintelkam) in investigating murder crimes, with a focus on operational challenges in the archipelago. An empirical legal approach is used to analyze the gap between the normative mandate (Law Number 2 of 2002 and Regulation of the Chief of Police Number 10 of 2010) and implementation in the field, covering social, geographical, and institutional dynamics in Natuna Regency. The results of the study show that Satintelkam plays a strategic role    through method Human Intelligence (HUMINT), Signal Intelligence (SIGINT), and Open Source Intelligence (OSINT), which contribute to the identification of perpetrators, mapping of crime motives, and reconstruction of crime scenes, as seen in the cases of KM Samudra and Bunguran Timur. However, its effectiveness faces structural obstacles such as limited forensic technology, lack of certified human resources, and geographical barriers. Analysis based on the theory of authority, Friedman's legal system, and legal certainty reveals the disparity between ideal capacity and operational reality, which has an impact on the principle of speedy justice and the validity of evidence. The study recommends strengthening human resource capacity, procuring forensic tools, and improving cross-agency coordination (TNI AL, Immigration) to optimize intelligence functions. Local context-based solutions, such as mobile investigative units and specialized training, are proposed to mitigate geographic challenges and strengthen the integration of intelligence systems in the criminal justice process.
THE LEGAL POSITION OF ISLAMIC BOARDING SCHOOL (PESANTREN) AS A REHABILITATION EFFORT FOR NARCOTICS ABUSE Laksana, Andri Winjaya
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.17756

Abstract

Islamic Boarding School or Pesantren is not only a place to teach religion, but also teaches other fields such as agribusiness and even rehabilitation for narcotics addicts. Rehabilitation is a process of integrated treatment activities to free addicts from drug dependence. Pesantren is one of the places that can be used to rehabilitate people who are addicted to drugs by using Islamic values that are usually applied to the students of Islamic boarding schools. This socio-legal research is descriptive in nature, strengthened by analysis of prescriptive interpretation. The results obtained from this study are the position of the Pesantren in the rehabilitation of drug abuse by applying two treatment methods for drug addicts, namely medical treatment and non-medical treatment. The rehabilitation process for narcotics addicts is the first, ablution, the second dzikr, the third five daily prayers in congregation, fourth, fasting on the Monday and Thursday, fifth or the last one is night prayer (Qiyamullail).
Rehabilitation of Drug Abuse Victims from a Humanist Perspective Laksana, Andri Winjaya; Argo Victoria, Ong
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.469-483

Abstract

Drug abuse is one of the crucial problems faced by the Indonesian nation, not only as a legal issue, but also as a health and human rights issue. In Law Number 35 of 2009 concerning Narcotics, rehabilitation is regulated as a form of treatment for addicts. However, there is still ambiguity regarding the status of rehabilitation: whether it is a right that must be guaranteed by the state, or an obligation that must be carried out by addicts. This article aims to analyze the position of rehabilitation in the perspective of Indonesian positive law and examine the concept within the framework of human rights. The method used is normative juridical with a legislative and conceptual approach. The results of the study indicate that rehabilitation should be positioned as a fundamental right guaranteed by the state in order to fulfill the right to health, as well as being a more humane alternative to criminal punishment. The results of this study indicate that interpersonal communication built between counselors and drug addict patients uses a humanistic approach, including (1) Approaching Drug Addict Patients to Foster an Open Attitude, which is very influential in fostering effective interpersonal communication between counselors and addicts. (2) Cultivating an Attitude of Empathy, Counselors towards patients or vice versa, as a willingness to understand others completely both what is visible and what is contained, both in the aspects of feelings, thoughts and desires, when empathy grows in the interpersonal communication process, then the atmosphere of the communication relationship will be able to develop and grow an attitude of mutual understanding and acceptance, (3) Cultivating Positive Feelings in patients/clients, the success of interpersonal communication depends a lot on the quality of one's views and feelings; positive or negative. Positive views and feelings about oneself, towards counselors to addicts or vice versa will give rise to positive interpersonal communication behavior patterns as well. (4) Providing Encouragement and Support, providing encouragement or kindling of enthusiasm from counselors to addicts, so that with support in this situation, interpersonal communication will last a long time because a supportive atmosphere is created.
Responsibilities of Officials Making Land Deeds (PPAT) for Deeds of Sale and Purchase of Land That Give rise to Disputes Resmi, Puji; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The high strategic value of land makes it prone to disputes, so Land Deed Officials (PPAT) are required to understand land law in depth so that the deeds they make are legally valid and avoid legal conflicts due to misuse of transfer of rights. This study aims to analyze the importance of understanding land law for Land Deed Officials (PPAT) in ensuring the validity of land transfer deeds and preventing disputes due to misuse of land transactions. The type of research used is doctrinal research with a legislative and theoretical approach. Secondary data consists of primary, secondary, and tertiary legal materials. The data analysis method used is perspective analysis, which involves systematically compiling the data and then analyzing it descriptively and qualitatively to gain clarity on the research problem. The research results state that Land Deed Officials (PPAT) play a crucial role in ensuring the validity of land transactions through the preparation of authentic deeds, document verification, and registration with the National Land Agency, and are obligated to reject the issuance of deeds if there are disputes, incomplete documents, or indications of legal violations. Land disputes caused by duplicate certificates, unclear boundaries, illegal transactions, and slow settlement processes can be prevented by PPATs through proper procedures, and violations by PPATs can result in legal sanctions. Dispute resolution can be carried out non-penally through mediation and deliberation, or penally through the courts, in order to achieve legal certainty and fair protection for all parties.
PERAN KEPOLISIAN DALAM MENANGGULANGI AKSI DEMONSTRASI ANARKIS (Studi Kasus Kepolisian Resor Kota Besar Semarang) Alfateo, Alvin Deo; Laksana, Andri Winjaya
Jurnal Ilmiah Penelitian Mahasiswa Vol 4, No 4 (2025): DESEMBER 2025
Publisher : Jurnal Ilmiah Sultan Agung

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Abstract

Di Semarang, aksi demonstrasi sempat berubah menjadi anarkis akibat meningkatnya emosi massa dan lemahnya pengendalian situasi di lapangan. Dalam kondisi demikian, peran Kepolisian memiliki arti penting untuk menyeimbangkan antara pelindungan hak warga negara dalam menyuarakan aspirasi dan kewajiban menjaga ketertiban serta keamanan bersama. Tujuan dari penelitian ini adalah untuk mengetahui peran Kepolisian Resor Kota Besar Semarang dalam menanggulangi aksi demonstrasi anarkis. Mengetahui hambatan yang dihadapi oleh Kepolisian Resor Kota Besar Semarang dalam melaksanakan perannya untuk menanggulangi aksi demonstrasi anarkis dan solusinya.Metode pendekatan yang dipakai dalam penelitian ini adalah pendekatan yuridis empiris. Spesifikasi dalam penelitian ini menggunakan metode deskriptif analisis. Data yang digunakan dalam penelitian ini dikelompokkan menjadi data primer dan data sekunder.Hasil penelitian ini, (1) Polrestabes Semarang berperan menjaga keamanan dan ketertiban dalam aksi unjuk rasa melalui langkah pre-emtif, preventif, dan represif yang dijalankan secara profesional oleh Sat Intelkam dan Sat Sabhara sesuai prosedur hukum. Dalam kondisi darurat, kepolisian mengambil tindakan tegas yang terukur untuk mengendalikan situasi dan melindungi masyarakat, disertai evaluasi pasca-aksi guna memperkuat koordinasi serta mencegah terulangnya kerusuhan. (2) Polrestabes Semarang menghadapi hambatan internal seperti keterbatasan personel, perlengkapan, dan pelatihan, serta tekanan politik, sementara hambatan eksternal meliputi provokasi pihak luar, rendahnya kesadaran hukum masyarakat, dan lemahnya koordinasi antarinstansi. Untuk mengatasinya, diterapkan langkah strategis berupa penguatan sumber daya, peningkatan kompetensi anggota, netralitas kelembagaan, pemantauan intelijen, literasi hukum publik, serta koordinasi lintas lembaga agar pengamanan demonstrasi berlangsung profesional dan tetap menghormati kebebasan berpendapat. Kata Kunci: Aksi Demonstrasi; Anarkis; Peran Kepolisian
Legal Implications of Underhand Agreements Between Hospitals and Medical Device Distributors Mekarsari, Septi Wahyuning; Prayitno, Ahmad Hadi; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Procurement of medical devices is an important part in supporting health services in hospitals. In practice, cooperation between hospitals and distributors of medical devices is often stated in the form of private agreements without involving a notary. This study aims to analyze the legal implications of private agreements in the event of a breach of contract between hospitals and distributors of medical devices, both from the perspective of civil law and health law, and to provide legal recommendations as a reference for dispute resolution. The type of research used is sociological juridical research with a case study at RSAU dr. Yuniati Wisma Karyani Natuna. The research specifications are descriptive analysis, the types of data used are primary data, secondary data, primary legal materials, secondary legal materials and tertiary legal materials, then the data collection method is by interviewing health workers at RSAU dr. Yuniati Wisma Karyani Natuna, and the analysis method in this study is qualitative analysis. The results of the study indicate that private agreements still have binding legal force as long as they meet the legal requirements of the agreement as regulated in Article 1320 of the Civil Code. However, the agreement has limitations in terms of evidentiary power compared to authentic deeds. In the event of a breach of contract, the injured party has the right to demand fulfillment of the contractual obligations, compensation, cancellation of the agreement, or transfer of risk. From a health law perspective, a breach of contract has the potential to compromise the quality of healthcare services and patient safety, thus requiring the hospital to retain legal responsibility for the provision of healthcare services. Therefore, this study recommends that cooperation agreements be drawn up in the form of an authentic deed or at least legalized.
Legal Force of Under-Hand Deeds Legalized by a Notary Setiadinanti, Syakina; Shallman, Shallman; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the comparative legal force between private deeds legalized by a notary and those not legalized, and to examine the responsibilities and legal protections for notaries in this process. Notaries, as public officials, have important authority to provide legal certainty by verifying signatures and confirming the legalization date on private deeds. The approach used in this research is a statute approach. This type of research is normative. The data used in this study are secondary data obtained through literature review and supported by information from a notary in Tegal. The research concludes: 1) A legalized deed has a stronger position because the notary guarantees that the signature is authentic and the date of its creation is certain. However, this legalization does not change the status of a private deed into an authentic deed, but can strengthen the evidentiary value of the deed if a dispute arises in the future. 2) The notary's responsibility in legalizing a private deed is limited to formal aspects, namely ensuring the accuracy of the signature, the identity of the parties, and the certainty of the date, not to the contents of the agreement. A notary can be held accountable if in carrying out his duties there is negligence or violation of applicable provisions. However, as long as the notary carries out his authority in accordance with laws and regulations and the code of ethics, the notary obtains legal protection, including through the role of the Notary Honorary Council which regulates the procedure for summoning a notary in legal proceedings.
Law Enforcement Against Abuse of Authority by The Lurah in Issuing Multiple Certificates (Case Study in Medokan Subdistrict, Surabaya) Estuanti, Ananda; Arifulloh, Achmad; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study examines the enforcement of law against the abuse of authority by a village head (lurah) in the issuance of double land certificates, with a case study in Medokan Subdistrict, Surabaya. The issue of double certificates represents a serious failure in land administration that directly undermines legal certainty and the protection of community land rights. In practice, the issuance of double certificates is often linked to the abuse of authority by local government officials through manipulation of juridical data, issuance of unlawful land statements, and disregard for the principle of prudence in public service. This research employs an empirical juridical method with a qualitative approach, combining statutory analysis with an examination of legal practices in the field. Data were collected through literature review, legal documents, and analysis of relevant empirical facts. The findings indicate that weak supervision, low integrity of officials, and an underdeveloped land administration system are the main factors contributing to the occurrence of double certificates. Law enforcement against officials who abuse their authority still faces significant obstacles, particularly in terms of evidence and inter-agency coordination. This study is expected to contribute academically to the development of notarial and land law, as well as provide practical recommendations for improving land administration governance based on legal certainty and justice.
Co-Authors Achmad Arifulloh, Achmad Adriano, Muhammad Ricky Alfateo, Alvin Deo Ali, Nuraliah Anis Mashdurohatun Anugerah, Muhammad Dito Argo Victoria, Ong Arpangi Bambang Tri Bawono Dian Pramana dwi wahyono Estuanti, Ananda Fareha, Nur Handayani, Yusrina Hargiharso, Muhammad Dimas Hari Purwadi, Hari Hartiwiningsih Hartiwiningsih Hendro Widodo Hidayat, Yudhi Taufiq Nur Ida Musofiana, Ida Khasanah, Dian Ratu Ayu Uswatun Madrah, Muna Yastuti Malau, Nike Rumondang Margono Margono Marpaung, Marzuki Joshua Maulidiawati, Wahdah Mekarsari, Septi Wahyuning Moh. Nurul Huda, Moh. Nurul Muhammad Iqbal Nooryono, Makhsyar Partimi, Yuli Prayitno, Ahmad Hadi Putratama, Muhammad Rafly Resmi, Puji Rimbawan, Andhika Yuli Saraya, Sitta Setiadinanti, Syakina Shallman, Shallman Sijabat, Niko Andri Sitanggang, Marulitua Johannes Sri Endah Wahyuningsih Suranto Suranto Suwondo, Denny Widayati Widayati winanto, winanto Yassine, Chami