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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.
Utilization of AI in Optimizing Supervision of Handling of General Criminal Acts by Law Enforcement Officers Sirot, Sirot; Santiago, Faisal
Jurnal Syntax Transformation Vol 6 No 6 (2025): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v6i6.1086

Abstract

This research explores the utilization of Artificial Intelligence (AI) in optimizing the supervision of law enforcement officers handling general criminal cases. The study is motivated by the need to enhance efficiency and reduce procedural errors within the criminal justice system. The primary objective is to evaluate the effectiveness of AI-based supervision in improving key performance metrics. A simulated quantitative research design was employed using a pre-test/post-test control group approach. Two hypothetical groups of 50 officers each were observed: an experimental group receiving AI-based supervision and a control group under traditional supervision. Data were collected before and after the intervention to assess performance changes. The results showed that AI-based supervision significantly reduced procedural errors, shortened case processing time, and increased case completion rates compared to traditional methods. Independent samples t-tests confirmed the statistical significance of these improvements (p < 0.001). The study concludes that AI has strong potential to enhance supervisory effectiveness and operational efficiency in law enforcement.
Reformulation of the Law Enforcement System in the Issuance of Driver's Licenses Through Driving Education Certification Setiawan, Dwi Nur; Santiago, Faisal
International Journal of Social Service and Research Vol. 5 No. 6 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i6.1255

Abstract

A Driver's License (SIM) in Indonesia is proof of the legality of a person's ability to drive whose issuance is strictly regulated by the Indonesian National Police. However, the implementation of administrative requirements in the form of education certificates and driving training as stipulated in Police Regulation Number 5 of 2021 still faces obstacles in the community. This research aims to examine the urgency of testing the law enforcement system in fulfilling these requirements and formulate a more inclusive and applicable system. The method used is a normative juridical approach with the study of documents and regulations as the basis for analysis, accompanied by a review of Lawrence M. Friedman's legal system theory which includes the structure, substance, and culture of the law. The results of the study show that the failure to implement the requirements of the driving training certificate is greatly influenced by the low legal awareness of the community, the high cost of formal education, and the unequal access to accredited driving schools. Therefore, it is necessary to reformulate the law enforcement system through policies that are adaptive to the socio-economic conditions of the community, such as community-based training, gradual stages of training, and incentives for training institutions. This reformulation is expected to be able to encourage increased legal awareness, expand public participation in formal training, and improve traffic safety systemically. In conclusion, the success of law enforcement in the issuance of driver's licenses is highly determined by the synchronization of regulations with the real conditions of the community as well as the support of a strong legal culture.
Inclusion of Fingerprints in Notarial Deed Minutes as a Guarantee of Legal Protection for the Parties Ariany, Erry; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.353

Abstract

The position of Notary is a profession that requires special skills and high responsibility in serving the legal needs of the community. However, in practice, there are often deviations by the parties appearing before the Notary, such as the party that should be listed in the deed is not the person who is present in person or denying the existence of a transaction made before the Notary. To protect the validity of the deed and the position of the Notary, one of the provisions regulated in Article 16 paragraph (1) letter c of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary is the obligation to include the fingerprints of the parties on the minutes or attachments to the deed. This study aims to examine and analyze the importance of these provisions in guaranteeing the authenticity of the identity of the parties, preventing legal defects in the deed, and ensuring its legal accountability. By using a normative legal approach based on statutory regulations, this study concludes that the regulation regarding fingerprints in the minutes of notarial deeds still gives rise to various interpretations, so strict supervision is needed from the Notary Supervisory Board to impose sanctions if there is negligence by the Notary in its implementation.
Harmonization of National and International Law in the Utilization of AI for the Organization of Hajj A Collaborative Study Between the Governments of Indonesia and Saudi Arabia in Hajj Technology Systems Aljawi, Muhammad Farid; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.356

Abstract

The annual Hajj pilgrimage presents significant logistical challenges, increasingly addressed through Artificial Intelligence (AI) by the Kingdom of Saudi Arabia, often in collaboration with countries like Indonesia, which sends the largest contingent of pilgrims. This study examines the complex legal landscape surrounding the use of AI in Hajj organization, focusing on the need for harmonization between Indonesian national law (including Law No. 27/2022 on Personal Data Protection and Law No. 8/2019 on Hajj/Umrah), Saudi Arabian law (including the Personal Data Protection Law and SDAIA AI guidelines), and relevant international frameworks (AI ethics, data protection, human rights). Using a qualitative methodology based on secondary data analysis, this paper identifies key AI applications in Hajj, analyzes existing Indonesia-Saudi collaborative efforts, and evaluates points of conflict and convergence between the respective legal regimes. Findings highlight significant challenges in areas such as cross-border data transfer, sensitive data processing, algorithmic bias, and accountability. The study concludes by recommending pathways towards legal harmonization to ensure ethical, rights-respecting, and efficient AI deployment in managing the Hajj, fostering continued collaboration between Indonesia and Saudi Arabia.