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Penegakan Hukum Tindak Pidana Korupsi oleh Penegak Hukum untuk Terciptanya Ketertiban Hukum Santiago, Faisal
Pagaruyuang Law Journal VOLUME 1 NOMOR 1, JULI 2017
Publisher : Universitas Muhammadiyah Sumatera Barat

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Abstract

Tindak Pidana Korupsi merupakah kejatan yang sudah dapat dikatakan pada posisi titik nadir dan sudah mengakar, sehingga dalam pemberantasannya memerlukan keseriusan dan penanganan yang sangat kuat. Peran serta aparat penegak hukum Kepolisian, Kejaksaan dan Komisi Pemberantasan Korupsi (KPK) benar-benar harus didorong untuk penanganan dan penindakannya. Peran serta Masyarakat sangat diperlukan dalam hal ini. Baharudin Lopa mengatakan korupsi yang umumnya merupakan perilaku sebagian kecil anggota masyarakat yang berlindung dibalik kewenangan atau kekuasaan tertentu yang dapat dikaitkan dengan kekuasaan jabatan, wajib diberantas secara sistem dan terstruktur. Dari rumusan permasalahan yang ada menunjukan bahwa penelitian dilakukan dengan menggunakan  dua pendekatan utama sekaligus, yakni pendekatan yuridis normatif dan pendekatan yuridis sosiologis.Penegakan hukum harus dijalankan oleh para penegak hukum dan bantuan masyarakat untuk bersinergi. Pada akhirnya Tindak Pidana Korupsi harus segera di berantas dengan memberi kewenangan penuh kepada para penegak hukum kepolisian, kejaksaan dan kpk, dan yang terpenting para penegak hukum menjalankan tugasnya harus sesuai dengan peraturan perundang-undangan yang berlaku.
Reconstruction of the Business Judgment Rule Doctrine in Indonesia: Legal Comparison with England, Canada, the United States, and Australia Santiago, Faisal
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1371

Abstract

This research specifically analyzes the comparison of the substance of the business judgment rule doctrine in Indonesia with that in other countries by comparing several countries, namely: England, Canada, the United States and Australia. The aim of this research is to reconstruct the future regulation of the business judgment rule doctrine in Indonesia. This research is normative legal research that prioritizes conceptual, statutory, case, and comparative approaches. The research results show that the principles related to the business judgment rule doctrine in Indonesia include the principle of good faith, the principle of prudence, the principle of expediency, and the principle of legal certainty. The characteristics of the business judgment rule doctrine in Indonesia, as contained in statutory regulations and court decisions, actually emphasize the mechanisms that must be taken by directors before making a decision, namely the obligation to prioritize the willens aspect, namely knowing a decision to be taken, and the wettens aspect, namely wanting and understanding the potential consequences. by a decision to be taken. Reconstructing the business judgment rule doctrine in Indonesia by referring to practices in England, Canada, the United States, and Australia, the BJR regulations in Indonesia actually require reconstruction or updating in the future by formulating specific regulations regarding the BJR doctrine in Indonesia and providing space for judicial institutions to develop the application of the BJR doctrine according to developing cases.
THE CONCEPT OF LAND REGISTRATION SYSTEM IN INDONESIA IN REALIZING LEGAL CERTAINATION INGGRIANI, SRI; SANTIAGO, FAISAL
Awang Long Law Review Vol. 3 No. 1 (2020): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (273.845 KB) | DOI: 10.56301/awl.v3i1.107

Abstract

The land registration system used in Indonesia is a negative publication system with a positive tendency. In a negative registration system (negative system) with a positive tendency, the government does not guarantee legal certainty for the holder of valid evidence (certificate). The government is also not responsible for the data and information contained in land title certificates. Data and information are considered correct as long as no other party sues. This condition causes various problems, such as the emergence of conflicts and land disputes between various parties in several regions in Indonesia. This study is normative with secondary data as a data source. Data is examined by means of document studies. Data is analyzed qualitatively. The results of the analysis are presented descriptively. The research results stated the concept of land registration system in Indonesia in an effort to realize legal certainty is to land that has been certified for more than 5 years and no one has sued, so the land must be immediately positively positive. This means that there are no more lawsuits that can be filed by other people. Therefore, it is proper for the government to immediately implement the mandate of Article 32 paragraph (2) PP No. 24 of 1997 as an effort to provide legal certainty for land owners. This needs to be done so that the state truly guarantees legal certainty and legal protection as well as an orderly land administration for both certificate holders and third parties who obtain land rights in good faith.
Legal Transformation of Artificial Intelligence Technology to Strike a Balance Between Law and Technology Alfiani, Francisca Romana Nanik; Santiago, Faisal
Rechtsnormen Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1653

Abstract

Background: Artificial Intelligence (AI) is transforming various sectors globally, including business and healthcare. In Indonesia, this transformation is supported by initiatives like the Palapa Ring project and 5G infrastructure. However, the rapid growth of AI poses legal and ethical challenges. Current regulations, such as the Personal Data Protection Act, are insufficient to address the complexities of AI technology, creating a gap between legal frameworks and technological advancements. Objective: This study aims to identify the gaps in Indonesia’s AI-related legal frameworks and propose strategies for balancing the development of law and technology to ensure ethical and accountable AI integration. Methodology: Using a normative legal research approach, the study examines existing AI-related legal frameworks, compares international regulations, and analyzes their implications for Indonesia. Findings: The study reveals that while online motorcycle taxis contribute significantly to the transportation sector, current legislation does not fully recognize them as legitimate public transport providers. This gap affects passenger protection and the certainty of service standards. Conclusion: To ensure safety, reliability, and legal clarity, it is imperative to establish a comprehensive legal framework that formally categorizes online motorcycle taxis as recognized public transportation.
The Urgency of Risk Mitigation Strategies in Business Agreements Syahputra, M Arif; Santiago, Faisal
Rechtsnormen Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1695

Abstract

Background: Business agreements are vital in establishing relationships between parties but are susceptible to various legal risks that may disrupt their execution. Such risks include unclear clauses, legal disputes, and unexpected legal changes, which can threaten the sustainability and stability of agreements. Objective: This study aims to emphasize the importance of risk mitigation strategies in business agreements to prevent disputes and ensure fair execution. It seeks to provide insights into effective risk management practices that contribute to the long-term stability of legal relationships. Methods: The research employs a qualitative approach, analyzing existing literature and case studies on risk mitigation techniques. It focuses on the role of protective clauses, dispute resolution mechanisms, and adaptability to evolving legal frameworks. Results: Findings indicate that robust risk mitigation strategies, including clear contract drafting, the use of force majeure clauses, and the implementation of internal legal systems, significantly reduce potential disputes and enhance agreement sustainability. Conclusion: Risk mitigation is an essential aspect of business agreements, requiring proactive measures from drafting to execution. By adopting effective strategies, businesses can foster stability, fairness, and efficiency in their legal relationships.
Socioeconomic Influences and Limited Choice of Health Care Services: A Study of the BPJS System in Indonesia Setyawati, Niken Budi; Santiago, Faisal
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 9, No 1 (2025): Journal of Humanities and Social Studies
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v9i1.11732

Abstract

Socioeconomic inequality in Indonesia is still a major factor affecting people's access to health services, including in the BPJS Kesehatan system. Although BPJS aims to provide universal health insurance, limited collaborating health facilities, different service quality compared to the private sector, and administrative and regulatory constraints often hinder participants from getting optimal care. The impact of these limitations can be seen in the quality of services received by BPJS patients, such as long queues, delays in medical treatment, and limited medicines covered. To overcome this problem, comprehensive policy reform is needed, including increasing the number of health facilities that accept BPJS, simplifying the referral system, and increasing budget allocation to improve service quality. With these strategic steps, BPJS is expected to become a more inclusive, efficient health insurance system that can provide equitable health services for all Indonesian people.
Legislation as an Effort to Oppose the Exploitation of Underage Workers in the Perspective of Human Rights Samiyono, Sugeng; Santiago, Faisal; Israhadi, Evita Isretno
INJURITY: Journal of Interdisciplinary Studies Vol. 2 No. 1 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1168.519 KB) | DOI: 10.58631/injurity.v2i1.17

Abstract

The current phenomenon is often found in children becoming laborers or workers in home industries. Some of the dominant factors causing children to become laborers were found in the field, including family, environmental influences, local potential and recruitment patterns, educational needs and future orientation, and encouragement from the children themselves. Meanwhile, the reason why employers use children as labor is caused by several things, among others, because the child comes personally to the entrepreneur, offers labor, to enter a child laborer generally through informal procedures, the workforce will be easy to manage and obedient when compared to with adult workers or for reasons of pity/pity rather than being neglected to work on the streets where the conditions are very dangerous, it is better to be recruited as workers. The philosophy of prohibiting children from working or employing children as regulated in the Manpower Law is closely related to efforts to protect children's human rights, which are also guaranteed protection in Law No. 39 of 1999 on Human Rights. Provisions that prohibit the employment of children as regulated in the provisions of Article 68 of the Manpower Law are in line with the provisions of Article 52 paragraph (1) of Law No.39 of 1999 concerning Human Rights, which stipulates that every child has the right to protection by parents, family, community and country. Law Number 23 of 2002, Article 1 Paragraph 2 states that child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally by human dignity and protection, receive protection from violence and discrimination.
Restorative Justice as an Effort to Settle Traffic Accident Crime Cases Gusti Gede Maha Andika Jaya, I; Santiago, Faisal; Arief Fakrulloh, Zudan
INJURITY: Journal of Interdisciplinary Studies Vol. 2 No. 2 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1068.569 KB) | DOI: 10.58631/injurity.v2i2.29

Abstract

ABSTRACT The traffic problems occurred of traffic accidents that result in human casualties and/or property loss. Law enforcement systems development and methods in Indonesia shows a tendency to follow the development of the general justice system, especially the development of the principle of restorative justice by burdening executant with their mistakes, apologize, returning damages and losses to victims as before or resembles condition. The formulation of the problem in this study is how the traffic accident crimes can be resolved through restorative justice, what is the investigator's consideration in resolving traffic accident cases through restorative justice. From the results of the study it can be concluded that the traffic accidents can be resolved through restorative justice according to Article 236 (2) of Law No. 22 of 2009, namely only minor traffic accidents, according to Article 63 of Law Police Regulation Number 15 of 2013, which is a minor traffic accident, and based on the letter of the National Police Number 8 of 2018, which is a crime that does not cause human casualties. The investigator's consideration in resolving traffic accident cases through restorative justice is the existence of a peace agreement by both parties involved in the traffic accident. Keywords : Accident Cases
Legal Guarantee of Confidentiality of Customer Data in Online Loan Business Services Sahroni, Ahmad; Santiago, Faisal; Redi, Ahmad
INJURITY: Journal of Interdisciplinary Studies Vol. 2 No. 2 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1033.545 KB) | DOI: 10.58631/injurity.v2i2.30

Abstract

ABSTRACT Fintech emerged along with changes in people's lifestyles which are currently dominated by users of information technology and the demands of a fast-paced life. Personal data and consumer behavior are part of big data whose economic value can be high, and vulnerable to The Ministry of Communication and Information (Kominfo), OJK, and the police in supervising online loan services. Customer data protection is regulated in Ministerial Regulation (Permen) Number 20 of 2016 concerning Personal Data Protection.
Bawaslu Performance in Law Enforcement Efforts Against Money Politics Violations Daniel Balubun, Daud; Santiago, Faisal
INJURITY: Journal of Interdisciplinary Studies Vol. 2 No. 2 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (989.502 KB) | DOI: 10.58631/injurity.v2i2.36

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ABSTRACT Approaching the Election, there will always be efforts by certain groups to win and increase their vote acquisition, through dirty means such as Money Politics. As an institution tasked with supervising the election process, Bawaslu must add extra-hard works to prevent election fraud so that national goals are achieved, and people's welfare is given top priority by Indonesian leaders. In working, Bawaslu is assisted by the Police and the Attorney General's Office by Article 486 paragraph (1) of Law no. 7 of 2017 concerning General Elections.