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Subianta Mandala, Subianta
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Legal Protection of Dentists After Removing Wisdom Teeth Causes Death of Patients in Ngawi East Java Murtika, Yohanna; Hidayati, Hidayati; Mandala, Subianta
Jurnal Global Ilmiah Vol. 1 No. 8 (2024): Jurnal Global Ilmiah
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/jgi.v1i8.83

Abstract

The development of dentistry to serve patients to get comfort and elegant appearance. Wisdom tooth extraction caused death in patients who were talked about in the mass media. The purpose of this study is to provide protection to dentists for handling patients and are protected by a code of medical ethics so that health services can be fulfilled properly. The method used is normative juridical by more specifically reviewing the legal case of wisdom tooth extraction against patients who cause death, analyzing based on legal standards of applicable laws and regulations. Using primary, secondary and tertiary legal data and legal products related to this study. The results of the study explained that the authority of dentists to take action on patients' teeth is part of professional, tidying, reducing the risk of respiratory tract infections and gum disease. Based on article 6 of Law No. 29 of 2004 concerning Medical Practice, it is explained that the Indonesian Medical Council has the role of regulating, ratifying, determining, and coaching doctors and dentists who practice medicine, in order to improve the quality of medical services in accordance with the code of medical ethics and free from accusations of malpractice.
Restorative Justice in the Case Verdict of the Muhammed Bin Zayed: MBZ Toll Road Case Alwi, Mohammad; Mandala, Subianta; Herman, KMS
Jurnal Global Ilmiah Vol. 1 No. 8 (2024): Jurnal Global Ilmiah
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/jgi.v1i8.84

Abstract

Traffic congestion is a common problem throughout the country. Traffic accident cases that occur in the West Java Regional Police are generally handled through criminal procedures rather than non-criminal. The purpose of this study is to analyze and understand the implementation of the concept of Restorative Justice in cases of traffic accident decisions and other legal products in solving cases. The method used is empirical juridical using primary legal data, secondary legal data and tertiary legal data, namely legal products relevant to the restoration of justice. The results of the study explained the issuance of Law No. 22 of 2009 concerning Road Traffic and Transportation and the Circular Letter of the Chief of Police of the Republic of Indonesia. Police Number: SE/8/VII/2018 concerning the Implementation of Justice and Criminal Justice Decisions to resolve traffic accident cases. The persons involved as well as the legal requirements regarding the time limit for the implementation of justice only react to criminal investigations before submitting the initial notice of investigation, and the principle of civil law culture through the process of implementing the concept of Restorative Justice.
Pembangunan Hukum Nasional dalam Perspektif Teori dan Filsafat Hukum Mandala, Subianta
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2024.V24.321-334

Abstract

This paper discusses some strategic issues about national legal development, which is viewed in the light of legal theory and philosophy. The need to replace the laws of the colonial regime has been discussed for quite some time, and in fact, since Indonesia declared its independence. However, the process of replacing the Dutch laws and developing its own national law is quite slow. There are some strategies issues discussed in this writing, namely, among others: what is the legal politics/policy of the issue of legal unification and legal pluralism in Indonesia, what is the legal approach about the development of unwritten and written laws, what is the legal policy to address the issue of adat law as one of the material legal sources for the future Indonesian laws, and how jurisprudence (court decisions) may be used to develop Indonesian national legal system. With those backgrounds, the formulation of the problems is as follows: how can legal theory and philosophy be used as theoretical and philosophical argumentation to address some strategic issues of Indonesian legal development as mentioned above, and what is the legal politics/policy for the development of national legal system of Indonesia, in particular, of those strategic legal issues. The method used in this research paper is normative juridical or library research with a descriptive-qualitative analytical approach. The result of the research shows that, as of today, there are no official documents or any existing laws that comprehensively give direction to the legal politics/policy on the strategic issues of Indonesian legal development. In general, the discussion on the issues of national legal development is limited among legal experts and academicians, and the debate on contentious issues has fundamental arguments based on legal theory/philosophy. So far, legal positivism has a a significant influence on the way we respond to those strategic issues. However, there has been an interesting development recently. We can gradually see a paradigm shifting from legal positivistic to a more sociological, human and ethical approach.
The Strategic Role of the Constitutional Court of the Republic of Indonesia Has the Potential to Amend the 1945 Constitution of the Republic of Indonesia (Implications of the Constitutional Court Decision Number 116/PUU-XXI/2023) Sagalane, Andra Bani; Mandala, Subianta
Asian Journal of Social and Humanities Vol. 3 No. 10 (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.v3i10.561

Abstract

State legal policy reflects the state's interest in securing national objectives through norms that are enacted, implemented, and enforced for the welfare of citizens, state institutions, and all related entities. Article 1, paragraph (3) of the 1945 Constitution of the Republic of Indonesia defines Indonesia as a "state of law," which includes both written and unwritten norms. Among these, laws are created by legislative and executive institutions to regulate state affairs. The hierarchy of regulations places the MPR Decree below the Law, with the Constitution as the highest authority. This study explores the gap in the construction of laws and regulations, focusing on the concept of "Faction," which appears in various laws but not in the Constitution. Through qualitative descriptive analysis and a normative legal approach, this research examines the implications of the 4% national vote threshold for political parties in the General Election, as it relates to the term "Faction" in the Indonesian House of Representatives (DPR). This study advocates for the removal of the "Faction" provisions, suggesting that even a single-member political party should not be hindered by the threshold. It proposes that the Constitutional Court could amend laws containing the term "Faction" or incorporate it into the Constitution to ensure greater inclusivity in the legislative process. The findings suggest a need for constitutional amendment to align legislative practices with democratic principles.
Deconstructing Intentionality: Legal Fallacies in The Indonesian Criminal Code's Approach to Mens Rea Ramadan, Tubagus Ahmad; Mandala, Subianta
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.v3i9.564

Abstract

This study examines the interpretative fallacies surrounding mens rea in Indonesia’s criminal justice system. Disparities in the interpretation of intentionality (opzet) by law enforcement officials and judges often result in significant inconsistencies in legal outcomes. Using a qualitative library research method with legal hermeneutics and critical discourse analysis, this study investigates 150 court decisions from 2020 to 2023 to identify structural and cultural causes of these inconsistencies. The findings reveal that 68% of verdicts contained ambiguity in the construction of mens rea, mainly due to outdated legal frameworks, limited interdisciplinary education, and external pressures. To address this, the study proposes an interdisciplinary reconstruction of the concept of intentionality that integrates insights from cognitive psychology with criminal law doctrine. This includes the development of a nuanced intentionality spectrum and practical tools such as the Intentionality Assessment Protocol (IAP). The findings highlight the complexity of mens rea interpretations within the Indonesian legal system, with substantial variations in judicial decisions. The study proposes a new conceptual framework based on cognitive psychology to bridge gaps in understanding intentionality. Further recommendations for reform include the development of legal education and training systems for law enforcement.
Beyond Digital Borders: A Comparative Analysis of Legal Frameworks for Digital Evidence in Child-Related Crime Investigations Nurlaela, Siti Chusnul; Mandala, Subianta
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.v3i9.565

Abstract

Digital evidence in child-related crime investigations presents unique challenges for legal systems worldwide, particularly as such crimes increasingly transcend national borders. The intangible, volatile, and jurisdictionally complex nature of digital evidence raises fundamental questions about how different legal frameworks address collection, preservation, and admissibility in these sensitive cases. Objectives. This study aims to identify and analyze key differences in legal frameworks governing digital evidence in child-related crime investigations across the European Union, United States, and United Kingdom, with specific focus on authority requirements, procedural standards, and cross-border evidence exchange mechanisms. Methods. Through comparative legal analysis of primary legal texts, case law, and secondary literature, this research examines the procedural requirements, technical standards, and jurisdictional approaches to digital evidence across the selected jurisdictions. Research Findings. The analysis reveals distinct regulatory models: the EU employs a structured judicial oversight model through instruments like the European Investigation Order and the emerging e-evidence package; the US CLOUD Act facilitates direct public-private cooperation through streamlined court orders and bilateral agreements; and the UK relies on Criminal Procedure Rules and traditional Mutual Legal Assistance Treaty processes with emphasis on maintaining strict chain of custody. Significant variations exist in authority requirements, technical standards for evidence authentication, and mechanisms for cross-jurisdictional cooperation. These jurisdictional differences create practical challenges for cross-border investigations, particularly concerning cloud-stored data and child sexual abuse material. The study proposes a harmonized approach that balances investigative efficiency with privacy protections and addresses the unique vulnerabilities of child victims, while respecting different legal traditions.
Restorative Justice in Criminal Acts of Losing Human Life from an Economic Perspective Marwa, Soffa; Mandala, Subianta
Asian Journal of Social and Humanities Vol. 3 No. 10 (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.v3i10.572

Abstract

This study analyzes in depth the implementation of restorative justice (RJ) in the crime of killing a person in Indonesia from an economic perspective. Using qualitative methods with normative legal and conceptual approaches, and secondary data analysis, this study examines the potential benefits and challenges of implementing RJ in murder cases. The results of the analysis show that RJ has the potential to offer social and economic benefits—such as better victim recovery, potential reduction in long-term criminal justice system costs, and reduced recidivism—compared to retributive approaches. However, its implementation in Indonesia faces significant obstacles, including regulatory fragmentation, institutional resistance, public perception, and limited resources and local empirical data. While immediate cost savings may be limited for serious cases, the potential long-term socio-economic benefits of recovery and social cohesion could be substantial. Effective implementation requires legal harmonization, resource investment, paradigm shift, and the development of clear guidelines. The findings of this study highlight the economic and social potential of implementing restorative justice (RJ) in Indonesia’s criminal justice system, particularly in cases of homicide. From an economic perspective, RJ could reduce the long-term costs associated with the criminal justice process, such as incarceration and administrative expenses, by focusing on rehabilitation and reintegration of offenders.
Legal Aspects of Moral Rights and Economic Rights in Music Creation Using AI Music Generators Sekararum Utami, Lili; Mandala, Subianta; Darwati , Darwati
Jurnal Pendidikan Indonesia Vol. 6 No. 7 (2025): Jurnal Pendidikan Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/japendi.v6i7.8114

Abstract

The advancement of artificial intelligence (AI) technology has had a significant impact across various sectors, including the music industry. One of the latest innovations is the AI Music Generator, which is capable of automatically creating musical compositions without direct human involvement as the creator. However, this development raises various legal issues, particularly concerning moral rights and economic rights in the context of copyright protection for music works produced by AI. This study aims to analyze the legal aspects related to moral and economic rights in the creation of music generated by AI Music Generators. The study also compares copyright regulations in several countries, including Indonesia, the United States, and the European Union, to understand how international and national laws accommodate AI advancements in the music industry. The findings show that, to date, there are no specific regulations governing copyright ownership of AI-created works. This results in legal uncertainty in the distribution of moral and economic rights over AI-generated music. Therefore, legal policy reforms are needed to accommodate AI developments in the music sector while ensuring fairness for creators, AI owners, and music users.
The Dynamics of Land Ownership Rights under Indonesian Agrarian Law: Legal Certainty and the Challenges of Social Justice Effendi, Lutfi; Mandala, Subianta
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.437

Abstract

Land ownership rights constitute the strongest, fullest, and hereditary form of land rights within the Indonesian agrarian legal system as regulated by Law Number 5 of 1960 concerning Basic Agrarian Principles (the Basic Agrarian Law). In practice, however, the regulation and implementation of land ownership rights have undergone significant dynamics influenced by regulatory developments, socio-economic conditions, and national land policies. Agrarian reform initiatives and sectoral regulatory changes are intended to promote legal certainty and equitable land distribution, yet they simultaneously give rise to complex legal issues, including agrarian conflicts, overlapping land titles, uncontrolled land conversion, and the proliferation of land mafia practices. This study aims to examine the legal position and characteristics of land ownership rights within Indonesian agrarian law, analyze the development of the regulatory framework governing such rights, and identify the principal challenges in achieving legal certainty and social justice for land rights holders. The research employs a normative juridical method using a statutory and conceptual approach, supported by a literature review of relevant legislation, scholarly books, and academic journals, with particular reference to the Basic Agrarian Law and Government Regulation Number 24 of 1997 on Land Registration. The findings indicate that although the existing legal framework is designed to provide legal protection and certainty through land registration mechanisms, its implementation remains constrained by institutional weaknesses and enforcement gaps. Accordingly, the study underscores the necessity of strengthening land administration systems, reforming agrarian regulations to respond to contemporary social and economic developments, and enhancing law enforcement to ensure that land ownership rights function not only as instruments of legal certainty but also as vehicles for social justice and sustainable development in Indonesia.
Comparison Of Islamic Inheritance Law System And Civil Inheritance Law In Realizing Justice And Legal Certainty In Indonesia Amrullah; Mandala, Subianta
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.438

Abstract

A crucial component of the legal system that governs how the testator's posthumous assets are divided among his heirs is inheritance law. Indonesia now has two different systems of inheritance law in place: civil inheritance law and Islamic inheritance law. Islamic inheritance law is based on the Qur'an, Hadith, and the Compilation of Islamic Law (KHI), whereas civil inheritance law is regulated by the Civil Code (KUHPer). These two systems have differences principles, distribution mechanisms, and dispute resolution. These differences are often a source of problems in practice, especially for people between the two legal systems. Therefore, the purpose of this study is to compare Indonesian civil and Islamic inheritance laws in order to give a more thorough understanding of their traits, parallels, and divergences. The study employs a comparative legal perspective and a normative legal research methodology. The legal provisions found in both Islamic and civil law's inheritance-related laws and regulations are examined using the normative legal approach. To find the distinctions and parallels between the two legal systems, a comparative legal technique is also employed. This study's data sources include secondary legal documents like books and pertinent periodicals, as well as main legal materials like the Indonesian Compilation of Laws, the Civil Code, and other laws. It is anticipated that this study will aid in the development of Indonesian inheritance law, particularly by offering suggestions for initiatives to unify civil and Islamic inheritance laws in order to establish legal clarity and fairness in the distribution of inheritance in society
Co-Authors Akbar Hayat, Muzahid Akbar Hayat, Muzahid Alwi, Mohammad Amrullah Bahara , Sahaludin Darwati , Darwati Dono , Agung Puspitar Effendi, Lutfi Herman, KMS Hidayati Hidayati Listiyani, Nurul Listiyani, Nurul Marwa, Soffa Murtika, Yohanna Nurlaela, Siti Chusnul Nurmawati, Bernadete Ramadan, Tubagus Ahmad Sagalane, Andra Bani Sekararum Utami, Lili Suhendar, Tubagus Ahmad Suyoto , Suyoto