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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Mimbar Hukum Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora International Journal of Law, Crime and Justice Jurnal Multidisiplin Indonesia Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health
Faisal Santiago
Unknown Affiliation
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Juridical Review Regarding Maladministration of Crude Palm Oil (CPO) Exports in Indonesia Faisal Santiago
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 4 (2022): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i4.7066

Abstract

This paper tracks the maladministration of CPO exports by conducting a judicial review of CPO export policies by the Ministry of Trade of the Republic of Indonesia. This study uses a normative legal analysis with a field research approach. The results of the judicial review of this study are that the policy of temporarily stopping the export of Crude Palm Oil by the government is entirely appropriate, considering that previously there was maladministration carried out by individuals at the Ministry of Trade involving palm oil entrepreneurs in three companies, the occurrence of export permits has entered the criteria for maladministration because the three companies The CPO manager does not have an export permit which causes state economic losses due to rising cooking oil prices due to excess CPO being exported.
Religion and the Country in the Perspective of Pancasila Puguh Yuli Setiawan; Faisal Santiago
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.v5i3.6564

Abstract

This article discusses religion and the country from the perspective of Pancasila. Religion and state law are often contested in the public sphere. Through a qualitative approach, using the normative juridical method accompanied by a descriptive analysis will formulate the relationship between religion and the country from the perspective of Pancasila. The results of the study found that the country, in the name of the constitution, manages the relationship between religion and belief in presenting legal pluralism in living a harmonious political life.
Community Participation in Efforts to Overcome the Difficulties of Proving Domestic Violence Crimes in Indonesia Handono Sardju Sudarno; Faisal Santiago
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.v5i3.6955

Abstract

 There is an assumption that the position of women is lower than that of men or is under the authority and will of men. Such a male-female relationship has been institutionalized within the patriarchal family structure and supported by economic and political institutions and by belief systems, including religious systems, which make such relationships seem natural, morally just and sacred in the view of marriage law in Indonesia, women in such an economic way are placed highly dependent on the man who becomes her husband.  Cultural values that justify the subordinate position of women are actually confirmed in legislation, for example the Marriage Law of 1974 which firmly distinguishes the roles and positions between husband and wife. Thelaw is not adequate.  Legal aspects, in the form of legal substance (content of law), law enforcement officials (structure of law), as well as legal culture in society (culture of law) turned out to be impartial to the interests of women, especially in matters of violence. The Criminal Code, which is a reference for making legal decisions, is felt to be no longer adequate to cover the various realities of violence that occur in society.  Domestic Violence (domestic violence) experienced by a wife is very difficult to come to the fore and be reported, due to the pressure factor from her opponent. It requires an understanding of the involvement of other parties to participate in providing a way out of domestic violence pressure.  
THE FILLING OF PRATAMA HIGHER LEADERSHIP POSITIONS TO STRENGTHEN BUREAUCRACY REFORM IN THE PERSPECTIVE OF PERFORMANCE RESPONSIBILITY OF THE STATE CIVIL APPARATUS IN BATAM CITY COVERNMENT Fadlan; Zudan Arif Fakrulloh; Faisal Santiago
Mimbar Hukum Vol 35 (2023): Jurnal Mimbar Hukum Special Issue
Publisher : Faculty of Law, Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/mh.v35i0.11399

Abstract

Abstract The purpose of this article is to analyze the position of the Regulation of the Minister for Empowerment of State Apparatus and Bureaucratic Reform (Menpan-RB) Number 13 of 2014 concerning Procedures for Filling High Leadership Positions in the Hierarchy of Legislation, and to criticize the mechanism and implementation of the fulfillment process of the Primary Leadership Position (JPT) and building a Bureaucratic Model used by the State Civil Apparatus (ANS) to promote the Performance Accountability Perspective to improve Good Governance and Clean Government. In order to answer the aim of the study, we used a combination of the normative "legal research" approach and the empirical "juridical sociological" approach using descriptive analysis, which aims to obtain a comprehensive description or general description and describe the facts related to general bureaucracy policies, especially the position. This study found that the Regulation of the Ministry of Empowerment of State Administrative Reform Bureaucratic Reform Number 13 of 2014 concerning Filling Certain Structural Positions in Government Agencies has not been binding from the perspective of legal system accountability; thus, it is feared that there may be a lawsuit dispute in the State Administration against officials who have participated in the selection of Position Filling of the High Leadership Position (JPT) Pratama. Abstrak Tujuan artikel ini adalah menganalisis kedudukan Peraturan Menteri Pendayagunaan Aparatur Negara dan Reformasi Birokrasi (Menpan-RB) Nomor 13 Tahun 2014 tentang Tata Cara Pengisian Jabatan Pimpinan Tinggi Dalam Hierarki Peraturan Perundang-undangan, dan mengkritisi mekanisme dan pelaksanaan proses pemenuhan Jabatan Pimpinan Utama (JPT) dan membangun Model Birokrasi yang digunakan Aparatur Sipil Negara (ANS) untuk mendorong Perspektif Akuntabilitas Kinerja guna meningkatkan Good Governance dan Clean Government. Untuk menjawab tujuan penelitian, kami menggunakan gabungan antara pendekatan “penelitian hukum” normatif dan pendekatan “yuridis sosiologis” empiris dengan menggunakan analisis deskriptif, yang bertujuan untuk memperoleh gambaran menyeluruh atau gambaran umum serta menguraikan fakta-fakta yang berkaitan dengan hal tersebut. kebijakan birokrasi secara umum, khususnya jabatan. Penelitian ini menemukan bahwa Peraturan Kementerian Pendayagunaan Aparatur Negara dan Reformasi Birokrasi Nomor 13 Tahun 2014 tentang Pengisian Jabatan Struktural Tertentu pada Instansi Pemerintah belum mengikat dari sudut akuntabilitas sistem hukum; Sehingga dikhawatirkan akan terjadi sengketa gugatan di lingkungan Tata Usaha Negara terhadap pejabat yang mengikuti seleksi Pengisian Jabatan Pimpinan Tinggi (JPT) Pratama.
Urgency of Money Laundering Crime Policy Reform in the Implementation of Digital Rupiah in Indonesia Agung Imam Santoso; Faisal Santiago
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 6 (2024): November: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.769

Abstract

The development of financial technology, especially with the introduction of the digital rupiah, presents new challenges in the supervision and prevention of money laundering (TPPU) in Indonesia. Although existing regulations are sufficient to regulate conventional transactions, these regulations are not fully prepared to anticipate potential money laundering risks related to digital transactions. This study identifies shortcomings in existing TPPU policies, including limited supervisory infrastructure, lack of regulations for cross-border transactions, and challenges in verifying identity in digital transactions. More adaptive policy reforms and comprehensive regulatory updates are needed to address these challenges. Applying advanced technology, strengthening coordination between related institutions, and public education is key to creating a safe and trusted financial ecosystem in dealing with financial technology-based transactions, including Rupiah Digital.
Legal Urgency Regarding Efforts To Regain Rights To Land Taken From The Government Based On The Basic Agrarian Law Anak Agung Kompiang Gede; Faisal Santiago
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 1 (2025): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v4i1.4875

Abstract

. This study examines the role of the state in managing land as a natural resource controlled by the state, by the mandate of Article 33 Paragraph (3) of the 1945 Constitution and Article 2 Paragraph (2) of the UUPA, which emphasizes the use of land for the prosperity of the people. Through the social function of land contained in Article 6 of the UUPA, land is viewed as the right of individuals or legal entities and must benefit the wider community. The land reclamation process, as one of the state's efforts to return or transfer control of misused land, is key to ensuring fair and sustainable management. This study also highlights the importance of state authority in regulating the use and distribution of land to prevent monopolies and maintain public welfare through agrarian policies that favor the public interest.
Economic Analysis In The Formation of Legislation in Indonesia K. Johnson Rajagukguk; Faisal Santiago; Ahmad Redi
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.v3i2.510

Abstract

The formulation of legislation in Indonesia holds a pivotal role in establishing a legal framework that ensures inclusive and sustainable economic growth. With a population exceeding 282 million, Indonesia is confronted with multifaceted challenges in formulating policies that equitably balance economic, social, and environmental interests. This article critically examines the legislative process in Indonesia from an economic perspective, emphasizing its implications for the investment climate, economic growth, and sustainable development. The study references various case studies, including the enactment of the Job Creation Law (2020), which seeks to enhance investment competitiveness through bureaucratic streamlining but has elicited criticism regarding labor protection and environmental sustainability. This article underscores that the quality of regulatory frameworks and the assurance of legal certainty constitute fundamental determinants of economic stability and competitiveness. The analysis demonstrates that, while Indonesia has recorded an average annual economic growth rate of approximately 5%, persistent regulatory uncertainty and abrupt policy changes represent significant impediments to foreign direct investment (FDI) and the advancement of specific economic sectors. Moreover, the divergence of interests among governmental authorities, the private sector, and civil society in the legislative process creates additional obstacles to the adoption of equitable and inclusive policies. The article advocates for the integration of comprehensive economic analysis into the legislative drafting process to enhance transparency, consistency, and efficacy in regulatory outcomes. Such an approach is anticipated to mitigate adverse effects on social and environmental sectors while concurrently fostering the realization of national sustainable development objectives. Accordingly, this analysis provides valuable insights into the critical role of legislation in advancing economic stability and promoting equitable prosperity within Indonesia's legal and economic landscape.
KPK’s Performance Dynamics in Combating Corruption After the 2019 Revision of the KPK Law Rahmad Prasetyo; Faisal Santiago
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i3.1220

Abstract

Corruption is a serious crime that has a significant impact on the government, the economy, and public welfare. The Corruption Eradication Commission (KPK), an independent organization charged with combating corruption, plays a crucial role in the Indonesian legal system and is empowered to carry out investigations, inquiries, and prosecutions against corruption crimes to uphold the supremacy of the law and create a clean government. However, along the way, the KPK's performance has experienced various challenges, both regulation, politics, and technicalities in carrying out its duties. Changes in regulations, especially through the revision of Law Number 30 of 2002 enacted in 2019, are one of the factors that influence the effectiveness of this institution in carrying out its duties. This study strives to analyze the performance of the KPK in enforcing the law on corruption crimes in Indonesia. The main focus of this study includes an evaluation of the effectiveness of the KPK in handling corruption cases, the challenges faced, and strategies that can be applied to improve the performance of this institution. The methods used in this study are normative and empirical juridical methods. The examination of various laws and regulations applying normative legal approaches governing the eradication of corruption, and investigating official documents such as the KPK's annual report. Meanwhile, the empirical approach is carried out by analyzing case data handled by the KPK. The research results are expected to provide an overview of the effectiveness of the KPK in enforcing the law against criminal acts of corruption and provide constructive recommendations for efforts to eradicate corruption in Indonesia.
Criminal Liability of Perpetrators of Fake Marriage (Marriage Fraud) as a Form of Human Trafficking Crime Meni Apriani; Faisal Santiago
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.v3i2.471

Abstract

The phenomenon of marriage fraud is increasingly widespread and has become one of the new schemes in human trafficking practices, particularly targeting women under the pretext of matchmaking or cross-border marriage. This modus operandi not only violates social and moral norms but also threatens human rights and involves elements of exploitation, which are essential components of human trafficking crimes as regulated in the United Nations Palermo Protocol and Law No. 21 of 2007 on the Eradication of the Crime of Human Trafficking. This study aims to analyze juridically and normatively how criminal liability can be imposed on perpetrators of marriage fraud, whether as the main offenders, recruiters, or parties facilitating this practice. By examining the provisions of the Criminal Code (KUHP), the Human Trafficking Law (UU TPPO), and other related regulations, it is found that the practice of marriage fraud can fulfill the elements of recruitment, transfer, harboring, and exploitation, which legitimately qualify as human trafficking crimes. In the context of criminal law, the liability of perpetrators includes not only individuals but also legal entities or agencies involved in organizing fake marriages. This study encourages the need for a progressive interpretation of the definition of exploitation in the Human Trafficking Law as well as strengthening protection mechanisms and education for vulnerable groups, especially women and migrant workers. With an appropriate legal approach, the practice of marriage fraud can be suppressed, and perpetrators can be held criminally accountable fairly and effectively.
Notary's Responsibility for the Deed of Transfer of Customary Heirs Without the Consent of All Heirs Davina Malem Peraten Ketaren; Faisal Santiago
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.v3i2.479

Abstract

Legal certainty is a fundamental principle in every legal act, including in the making of authentic deeds by a notary. In the practice of inheritance based on customary law, such as in the Balinese indigenous people, there is often a transfer of inheritance by the holder of the purusa right without involving all the heirs, which is considered valid according to the customary provisions. However, when the notary pours the transfer into the form of an authentic deed without verifying the consent of all heirs, serious problems arise regarding the guarantee of legal certainty. Authentic deeds that should provide protection and strong evidence actually become vulnerable to lawsuits and lose legal force. This has the potential to violate Article 1320 and Article 1338 of the Civil Code regarding the legal conditions of the agreement, and is contrary to Article 16 paragraph (1) letters a and c of Law Number 2 of 2014 concerning the Notary Position which requires notaries to act carefully and impartially. This study aims to examine the extent to which legal certainty can be maintained in the making of customary inheritance transfer deeds that do not involve all heirs, as well as how the responsibility of notaries in such conditions. The research method used is normative juridical with a regulatory approach and case studies. The results of the study show that legal certainty can only be guaranteed if the notary makes the principle of prudence the main reference, including by ensuring that there are no objections from the right parties. In conclusion, the legal certainty of authentic deeds in the context of customary inheritance is highly dependent on the integrity of the notary in bridging customary law values and positive law in a balanced and objective manner.
Co-Authors Agung Imam Santoso Ahmad Redi Anak Agung Kompiang Gede David David Davina Malem Peraten Ketaren Fadlan Handono Sardju Sudarno I Nengah Pasek Suryarwan Imam Nashirudin K. Johnson Rajagukguk Meni Apriani Moh Arif Haryanto Puguh Yuli Setiawan Rahmad Prasetyo Ricky Setiawan Anas Suparno Suparno Zudan Arif Fakrulloh