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Limitations of Authority the Prosecutor as Investigators in Taping on the Criminal act of Corruption Juben MS Sagala; Azis Budianto
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6595

Abstract

This study aims: (1) To find out the authority of the prosecutor as an investigator in wiretapping cases of criminal acts of corruption (2) To find out what are the obstacles for prosecutors in wiretapping cases of criminal acts of corruption. Researchers conducted research using an empirical normative approach, namely examining the implementation of written law in social life relations. Sources of data used in this study are primary data and secondary data. Methods of collecting data utilizing interviews (interviews) and literature/document studies. The data analysis method used in this research is qualitative analysis. The results of this study are expected to increase legal knowledge for students, academics, practitioners, and the public in general as well as researchers in particular regarding the prosecutor's more limited authority in the use of wiretapping devices, to conduct wiretapping must be approved by the court and the existence of other institutions authorized in the process of investigating corruption crime.
Reconstruction of Legal Protection Policy for Justice Collaborators in Corruption Crimes Suyanto R. Sumarta; Azis Budianto
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 1 (2025): Januari : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i1.423

Abstract

This research aims to explore and reconstruct the legal protection policy for justice collaborators in corruption crimes in Indonesia. Although their existence is vital in combating corruption, many perpetrators are reluctant to come forward due to uncertainty in protection and the potential risks they face. Weaknesses in the existing policies, including a lack of transparency and adequate security guarantees, hinder perpetrators from collaborating with law enforcement. Therefore, this research identifies various challenges faced by justice collaborators and highlights the importance of comprehensive legal protection reform. This study offers recommendations for appropriate and effective legal protection efforts for justice collaborators in handling corruption cases. By analyzing protection practices in other countries and applying restorative justice principles, this research aims to provide solutions that not only protect justice collaborators but also enhance public trust in the justice system. It is hoped that the results of this research can contribute to formulating more effective and responsive policies to meet the protection needs of justice collaborators in Indonesia, encouraging more perpetrators to bravely come forward in the fight against corruption.
MPR Annual Session and Substantial Democracy: Considering the Relevance of Constitutionalism and Popular Sovereignty in the Governance of Indonesian Democracy Mohammad Reza; Azis Budianto
Jurnal Multidisiplin Indonesia Vol. 3 No. 2 (2025): Juni : Jurnal Multidisiplin Indonesia
Publisher : PT. ALHAFI BERKAH INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62007/joumi.v3i2.476

Abstract

The institutional transformation of the People's Consultative Assembly (MPR) post-reformation has shifted its constitutional role from the highest state institution to one of the important pillars in the state system that emphasizes the principle of division of powers. The MPR Annual Session emerged as a forum that accommodates the submission of annual reports of state institutions and the President's state address. However, the effectiveness of this forum is still questionable: is it merely ceremonial or does it play a role in strengthening substantial democracy based on people's sovereignty and constitutionalism? This paper examines the relevance of the MPR Annual Session in strengthening substantial democracy in Indonesia through a normative-constitutional approach and the theory of people's sovereignty. The focus of the analysis is directed at the potential of this forum as an accountable deliberative instrument, to strengthen transparency and the mechanism of checks and balances between state institutions. This article argues that strengthening the role of the MPR Annual Session is not merely symbolic, but important in facing the challenges of procedural democracy and oligarchic tendencies in policy practice. Thus, the institutional reform of the MPR Annual Session is a strategic step to realize a more inclusive, responsive, and equitable constitutional democracy.
Providing Legal Certainty to the Board of Directors Through the Implementation of Integrated Governance, Risk and Compliance (GRC) So That There Are Limits of Liability for Problems and Losses Occurring in BUMN Eunike Petra Rebecca Pariela; Azis Budianto
Jurnal Multidisiplin Indonesia Vol. 3 No. 2 (2025): Juni : Jurnal Multidisiplin Indonesia
Publisher : PT. ALHAFI BERKAH INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62007/joumi.v3i2.481

Abstract

This study discusses the implementation of integrated Governance, Risk, and Compliance (GRC) as a legal protection mechanism for BUMN Directors in dealing with problems and losses that occur. GRC combines three main elements corporate governance, risk management, and legal compliance that work synergistically to increase transparency, and accountability, and reduce uncertainty in decision making. Effective GRC implementation provides legal certainty for Directors, by proving that they have acted in good faith and accordance with applicable regulations. This study also identifies challenges in implementing GRC in BUMN, as well as the importance of the role of technology and changes in organizational culture in supporting the implementation of an effective GRC system.
Land Law Reform in Ensuring Legality and Certainty of Ownership Rights for Houses and Buildings Ridwan Anthony Taufan; Azis Budianto
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2726

Abstract

Ownership rights to houses and buildings are the highest form of ownership recognized in the land law system in Indonesia. The legality of this ownership right is vital to ensure legal certainty for the owner and prevent potential disputes that may arise due to unclear ownership status. The study analyzes the legal aspects of ownership rights to houses and buildings, including the legal basis, acquisition procedures, and legal protection mechanisms available to the owner. In addition, this study also examines various problems that often arise in the ownership of property rights, such as overlapping certificates, ownership conflicts, and legal implications in the process of transferring rights. The analysis uses a normative legal method with a conceptual and statutory approach. The Basic Agrarian Law (UUPA), Government Regulations, and Regulations of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) are among the regulations that control ownership rights to land and buildings. The statutory approach is carried out by examining these regulations. Meanwhile, the conceptual approach is applied to examine the concept of ownership in land law and the underlying legal principles. The data used in this study are sourced from literature studies, including legal literature, academic journals, and official documents related to land regulations in Indonesia. The results of this study are expected to contribute to a more comprehensive understanding of the legality of ownership rights to houses and buildings, as well as being a reference for landowners, legal practitioners, and the government in managing the legal aspects of land and building ownership. With firmer legal certainty, it is hoped that a more transparent and equitable land system can be created for all interested parties.
The Urgency of Strengthening Regulation and Implementation of Mental Health Protection in Handling Sexual Violence in the Criminal Justice System Tiur Hasmida Hutagalung; Azis Budianto
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2727

Abstract

In the criminal justice system, legal protection for mental health is an important problem, particularly when sexual abuse is involved. Sexual assault victims often experience prolonged psychological trauma, while perpetrators may also have mental health conditions that need to be considered in the judicial process. The criminal justice system in Indonesia has not fully provided adequate protection for mental health aspects for both victims and perpetrators. In this context, it is important to examine the regulations governing mental health protection in the criminal justice system and how they are applied in the practice of law. This study employs a normative methodology that combines a conceptual and statutory approach. Implementing the statute approach is done by analyzing various regulations related to mental health protection in the criminal justice system, both in national law and international legal instruments. Meanwhile, the conceptual approach is used to examine the theory of legal protection, the theory of mental health in criminal law, and the restorative justice approach as an alternative in handling cases of sexual violence. The data were obtained through a literature study by reviewing laws and regulations, scientific journals, law books, and relevant official documents. Through this study, it is expected to find a normative mapping regarding legal protection for mental health in the criminal justice system, especially for victims and perpetrators of sexual abuse. This study also intends to identify gaps in existing rules and make ideas for revisions to promote legal protection for mental health in the criminal justice system in Indonesia.
LEGAL PROTECTION FOR DOCTORS AND LEGAL CONSEQUENCES FOR PATIENTS WHO LIE ABOUT MEDICAL STATUS IN THE TIME OF THE COVID-19 PANDEMIC Nugroho Nugroho; Azis Budianto; Evita Isretno Israhadi
Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health Vol. 1 No. 1 (2021): Proceeding of The International Conference of Inovation, Science, Technology, E
Publisher : Program Studi DIII Rekam Medis dan Informasi Kesehatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/icistech.v1i1.4

Abstract

The Covid-19 pandemic has caused deep sorrow for the world community and Indonesian people. In fighting the Covid-19 pandemic, doctors are a profession at the forefront. But in fact, many patients lie about their medical status which is an obstacle to eradicating the Covid-19 pandemic. This study aims to determine how the legal protection of doctors and what are the legal consequences of patients who lie about their medical status. The research method used in this research is normative legal research and empirical law. The results of the study explain that the health worker profession really needs to get legal protection in carrying out its duties, as well as the right to occupational safety and health in providing health services and the legal consequences for patients who lie have been described in article 14 paragraph (1) of Law of the Republic of Indonesia Number 4 1984 regarding the outbreak of infectious diseases.
The Effectiveness Of Implementation Of Regulation Of The Mayor Of Surabaya Number 33 Of 2020 Article 16 Concerning New Normal Order Guidelines For Business Activities In Stores, Swalayan Stores, And Shopping Centers On The Condition Of The 2019 Corona Vir Faisal Faisal; Suparno Suparno; Azis Budianto
Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health Vol. 1 No. 1 (2021): Proceeding of The International Conference of Inovation, Science, Technology, E
Publisher : Program Studi DIII Rekam Medis dan Informasi Kesehatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/icistech.v1i1.12

Abstract

Since its appearance, Corona Virus Disease 2019 or Covid-19 has become a problem in various parts of the world. The sectors most affected by the Covid-19 pandemic are airlines, transportation, hotels, shopping centers and restaurants. This uncertain situation will further aggravate global financial stability. Mainly this has an impact on business activities in stores, convenience stores and shopping centers. Surabaya as a metropolitan city as well as the capital of East Java is participating in suppressing the prevention of Covid by making Perwali Surabaya No. 33 of 2020 concerning New Normal Procedures Guidelines for Business Activities in Stores, Supermarkets and Shopping Centers in pandemic conditions This research is a normative legal research and empirical law, namely research conducted by collecting legal materials, both primary, secondary and or tertiary.
LEGAL PROTECTION FOR DOCTORS AND LEGAL CONSEQUENCES FOR PATIENTS WHO LIE ABOUT MEDICAL STATUS IN THE TIME OF THE COVID-19 PANDEMIC Nugroho Nugroho; Azis Budianto; Evita Isretno Israhadi
Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health Vol. 1 No. 1 (2021): Proceeding of The International Conference of Inovation, Science, Technology, E
Publisher : Program Studi DIII Rekam Medis dan Informasi Kesehatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/icistech.v1i1.4

Abstract

The Covid-19 pandemic has caused deep sorrow for the world community and Indonesian people. In fighting the Covid-19 pandemic, doctors are a profession at the forefront. But in fact, many patients lie about their medical status which is an obstacle to eradicating the Covid-19 pandemic. This study aims to determine how the legal protection of doctors and what are the legal consequences of patients who lie about their medical status. The research method used in this research is normative legal research and empirical law. The results of the study explain that the health worker profession really needs to get legal protection in carrying out its duties, as well as the right to occupational safety and health in providing health services and the legal consequences for patients who lie have been described in article 14 paragraph (1) of Law of the Republic of Indonesia Number 4 1984 regarding the outbreak of infectious diseases.
The Effectiveness Of Implementation Of Regulation Of The Mayor Of Surabaya Number 33 Of 2020 Article 16 Concerning New Normal Order Guidelines For Business Activities In Stores, Swalayan Stores, And Shopping Centers On The Condition Of The 2019 Corona Vir Faisal Faisal; Suparno Suparno; Azis Budianto
Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health Vol. 1 No. 1 (2021): Proceeding of The International Conference of Inovation, Science, Technology, E
Publisher : Program Studi DIII Rekam Medis dan Informasi Kesehatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/icistech.v1i1.12

Abstract

Since its appearance, Corona Virus Disease 2019 or Covid-19 has become a problem in various parts of the world. The sectors most affected by the Covid-19 pandemic are airlines, transportation, hotels, shopping centers and restaurants. This uncertain situation will further aggravate global financial stability. Mainly this has an impact on business activities in stores, convenience stores and shopping centers. Surabaya as a metropolitan city as well as the capital of East Java is participating in suppressing the prevention of Covid by making Perwali Surabaya No. 33 of 2020 concerning New Normal Procedures Guidelines for Business Activities in Stores, Supermarkets and Shopping Centers in pandemic conditions This research is a normative legal research and empirical law, namely research conducted by collecting legal materials, both primary, secondary and or tertiary.