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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Nagari Law Review Awang Long Law Review Journal of Humanities and Social Studies Pagaruyuang Law Journal Jurnal Syntax Transformation Devotion: Journal of Research and Community Service International Journal of Social Service and Research Interdisciplinary Social Studies Indonesian Journal of Multidisciplinary Science Journal of Social Research Journal Of World Science Jurnal Locus Penelitian dan Pengabdian Journal of Comprehensive Science Jurnal Indonesia Sosial Sains Journal Research of Social Science, Economics, and Management Journal of Social Science Horizon: Indonesian Journal of Multidisciplinary Jurnal Greenation Sosial dan Politik Lex Librum : Jurnal Ilmu Hukum
Faisal Santiago, Faisal
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Juridical Analysis of the Application of Restorative Justice in Corruption Crimes in Indonesia Franata, Hugo S; Santiago, Faisal
Journal of World Science Vol. 2 No. 4 (2023): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v2i4.277

Abstract

Corruption in Indonesia is still a severe problem and difficult to overcome. Therefore, an adequate alternative solution is needed in dealing with criminal corruption in Indonesia. One such alternative is the application of restorative justice. This study aims to conduct a juridical analysis of the application of restorative justice in acts of corruption in Indonesia, considering the legal principles in force in IndonesiaThe research method used is the normative legal research method. The data sources used are statutory documents, documents related to restorative justice, and legal literature about criminal acts of corruption and restorative justice. The study results are that estorative justice can be a valuable approach in handling corruption cases in Indonesia, but it cannot replace criminal justice processes and criminal sanctions. The research highlights the potential of restorative justice as an alternative, but it also emphasizes the need to overcome implementation challenges and evaluate and monitor its application strictly. This can help restorative justice make a positive contribution to the fight against corruption in Indonesia. Restorative justice can be a useful alternative in handling corruption cases in Indonesia, it cannot replace the criminal justice process and the imposition of criminal sanctions. To make it effective, the challenges in its implementation need to be addressed, and there should be strict evaluation and monitoring to ensure its positive impact in the fight against corruption in Indonesia.
Responsibility of the Notary to The Parties in Terms of Binding Purchase Agreement (Ppjb) Based on Their Legal Analysis Guspitawaty, Elita; Santiago, Faisal
Journal of World Science Vol. 2 No. 4 (2023): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v2i4.278

Abstract

A notary is an extension of the government's duty to carry out its responsibilities in the civil field. The presence of a notary is neutral, meaning that it is not affiliated with the government or private agencies, so because of its independence, it does not have to report to the agency but is accountable to the public in this matter to itself. The research method used is normative juridical, where the law is the primary material, jurisprudence, books and journals as secondary material and websites and social media as tertiary material. There are two types of Notary deeds regulated by UUJN, namely actual and authentic. The deed of release is made at the parties' request. It records everything discussed by the parties relating to legal acts or other actions committed by the parties and is outlined in the Notary Deed. While the legal position of Notaries and parties in the sale and purchase binding agreement (PPJB) different, the legal status of Notaries is as a general official who regulates the making of authentic deeds that must be carried out based on the agreement and conditions agreed by the parties. Notaries play a critical role in ensuring that deeds of sale and purchase are legally binding contracts that comply with applicable laws and regulations. Both the seller and buyer must also adhere to the terms of the transaction, while notaries are accountable for their actions and must maintain the highest standards of integrity in fulfilling their duties.
Juridical Analysis of Blasphemists of Religion Based on Criminal Perspective Irawanto, Irawanto; Santiago, Faisal
Journal of World Science Vol. 2 No. 4 (2023): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v2i4.280

Abstract

Indonesia is a heterogeneous and pluralist country, especially regarding religious diversity. Although different, all religions in Indonesia become one in the spirit of Bhinneka Tunggal Ika. However, the issue of blasphemy is considered taboo and very sensitive because it concerns interfaith and intertribal or ethnic interests. Therefore, the state is present to anticipate this problem with pre-prepared laws and regulations. So the purpose of this study is to find out and analyze related punishments and criminal violations related to blasphemy based on applicable legal regulations and theories in Indonesia. The method used is to study laws and regulations that are the primary references, books and legal journals as secondary material, and websites and social media as tertiary material. Indonesia's diverse society and democratic values demand that the country maintain harmony among different cultures. The state has prepared Article 156a to protect religion and its adherents, like other articles in the law. In blasphemy cases, the state should mediate and resolve disputes, punish violators, and support victims. Extensive discussions and analyses using various sources have been conducted about blasphemy cases.
Legal Certainty Of Trademark Registration To Improve The Welfare Of Micro, Small And Medium Enterprises (Msmes) Saka, Risti; Santiago, Faisal
Jurnal Locus Penelitian dan Pengabdian Vol. 3 No. 11 (2024): JURNAL LOCUS: Penelitian & Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v3i11.3271

Abstract

Micro, Small and Medium Enterprises (MSMEs) hold role important in the Indonesian economy, but they often face challenge in protect asset intellectual, especially brand. Uncertainty law in registration brand cause risk piracy and its impact negative on power competition as well as sustainability UMKM business. Research This aiming For explore certainty law in registration brand for MSMEs in Indonesia and evaluate the impact to welfare economy UMKM actors. Research This use approach law empirical, conducted in several city with high UMKM population, Data collection techniques were carried out with method survey and observation field, and semi- structured interview. Research results show that although registration brand give protection significant for MSMEs and improve Power competition they, still there is constraint in accessibility, understanding law, and costs. Implications from study This underline importance role government in give education, simplifying the registration process, and providing support financial for MSMEs. With existence more policies? inclusive, MSMEs are expected can protect brand they in a way effective, which ultimately strengthen economy local and national.
Legal Protection Reform for Notaries Regarding Time Limits on Authority Yuswanti, Adillah; Santiago, Faisal
Journal of Comprehensive Science Vol. 3 No. 12 (2024): Journal of Comprehensive Science (JCS)
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jcs.v3i12.2916

Abstract

This research examines the legal protection for notaries in Indonesia, particularly concerning the legal vacuum that arises in the context of the time limits on notary authority. Although notaries play a vital role as public officials who authenticate authentic deeds, existing regulations, including the Notary Position Law (UUJN), still contain gaps that threaten the integrity of this profession. This study highlights the urgency of reforming legal protection for notaries by identifying unclear provisions and providing concrete recommendations to strengthen legal protection. By analyzing the implications of legal vacuums on public trust and professional integrity, this research aims to offer effective solutions to enhance legal protection for notaries and strengthen their position within the Indonesian legal system.
Reformulation of Legal Norms Regarding the Spread of Criminal Radicalism Through Social Media in Indonesia Nugroho Marsudianto, Dwi; Santiago, Faisal
Journal of Comprehensive Science Vol. 3 No. 12 (2024): Journal of Comprehensive Science (JCS)
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jcs.v3i12.2918

Abstract

The spread of radical ideology through social media has become a serious challenge that requires more effective legal attention and action. This research proposes the need for a revision of existing regulations, particularly in defining radicalism and establishing strict actions as radical offenses, as well as the formation of implementing regulations that support the monitoring of harmful content. Furthermore, the importance of social media platforms' responsibility in managing radical content is outlined as part of the cooperation between the government, digital service providers, and society. This research also emphasizes the need for a comprehensive implementation strategy and the active role of law enforcement agencies to ensure effective law enforcement, aimed at creating a safer environment free from the influences of radicalism.
Legal Reform of Mediation Towards Fair Industrial Conflict Resolution Kristiani, Enny; Santiago, Faisal
Journal of Comprehensive Science Vol. 3 No. 12 (2024): Journal of Comprehensive Science (JCS)
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jcs.v3i12.2921

Abstract

Legal reform of mediation in the resolution of industrial conflicts is a crucial concern given the increasing complexity of disputes between workers and employers. The mediation process, which is expected to serve as an effective and fair middle ground, often encounters obstacles due to regulatory weaknesses and the lack of understanding and trust from the parties involved. This research aims to evaluate the effectiveness of the current legal framework for mediation and propose solutions for improvements in order to achieve more equitable conflict resolution. This study employs qualitative methods with both normative and empirical approaches. Data is collected through literature reviews, legal analysis, and interviews with relevant stakeholders such as mediators, employers, and workers. The research findings indicate that although mediation has significant potential in resolving industrial conflicts, weaknesses in implementation and regulatory oversight often render this process suboptimal. Therefore, legal reform is necessary, encompassing the enhancement of mediator capacities, the revision of regulations pertaining to the rights and obligations of the parties, and the strengthening of monitoring and evaluation mechanisms. This reform is expected to improve public trust in mediation and create fair and equitable resolutions for all parties.
Transformation of Consumer Protection Against Loss of Customer Funds in Digital Banking Azis, Miftakul; Santiago, Faisal
Journal of Comprehensive Science Vol. 3 No. 12 (2024): Journal of Comprehensive Science (JCS)
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jcs.v3i12.2924

Abstract

Digital banking has become a major trend in the global financial sector, offering ease of access and efficiency for customers. However, this development also brings new risks, particularly related to the loss of funds due to cyber attacks. This research analyzes the legal vacuum in the regulations protecting customers of digital banking in Indonesia, particularly as regulated by POJK No. 12/POJK.03/2021 and POJK No. 13/POJK.03/2021. Despite the existing legal framework, this study identifies the weak legal protection for customers regarding the risk of losing funds due to cyber attacks, as well as the lack of clarity regarding the bank's responsibility in such situations. By examining national and international case studies and providing recommendations for regulatory enhancement and security standards, this study aims to contribute to the ongoing efforts to protect consumers in the increasingly complex context of digital banking.
Bankruptcy Legal System Reform in Settlement of Debtors’ Debt According to the Bankruptcy law Basri, Herlina; Santiago, Faisal; Zuwanda, Rifka; Yusuf, Hudi; Samiyono, Sugeng
Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.3.p.567-577.2024

Abstract

According to Law No. 37 of 2004, bankruptcy is the complete seizure of a bankrupt debtor's assets, with the curator managing and settling them under the watchful eye of a supervising judge. There are several conditions for a debtor to be declared bankrupt, including having two or more creditors and not being able to make payments of at least one debt that is due and collectible and can be at his request or the request of one or more creditors. This article discusses the principle of distributing the debtor's assets if a debtor is declared bankrupt. According to Bankruptcy Law Regarding creditor provisions, in bankruptcy, three creditors are guaranteed compensation; the first is a separatist creditor, namely the creditor holding a material guarantee, then the preferred creditor, who has the right to precede because of the nature of his receivables by law is given a special position, and the last is a concurrent creditor—specifically, creditors who do not fall under the categories of favored and separatist creditors. After Article 2 paragraph (1) is explained, it is determined that creditors are concurrent, separatist, and preferential. Separatist and preferred creditors can apply for a declaration of bankruptcy without losing collateral rights to their assets on the debtor's assets and their right to take precedence. The debtor’s assets will eventually be distributed by the portion of the amount of the creditor's credit. This bankruptcy principle means that the debtor's property is jointly guaranteed for all creditors divided according to the principle of balance or “Pari Pasu Prorata Parte”
Legal politics of criminal law against the revival of death penalty as an alternative punishment in the new criminal code Kadir, Abdul; Santiago, Faisal; Achmad, Suparji; Redi, Ahmad
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 9 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i9.902

Abstract

The reform of the death penalty into an alternative crime in the new Criminal Code (Law Number 1 of 2023 pertaining to the Criminal Code) is a long-standing agenda that has been launched by the Indonesian Government. This paper aims to analyze how Indonesian criminal law is currently enforced to determine how it will be implemented in the future. This research focuses on the politics of criminal law and basic freedoms regarding the reform of capital punishment into an alternate crime in Law No. 1 of the Republic of Indonesia (KUHP) 2023. The study is based on literature studies and documentation. The results of this study show that, despite the fact that KUHP is primarily intended to protect society, its application should be cautious and targeted at the offender; consequently, it must be selective, and there should be provisions for conditional death sentences or delaying the execution of the penalty.
Co-Authors Abdul Kadir Achmad, Suparji Ahmad Redi, Ahmad Alfiani, Francisca Romana Nanik Aljawi, Muhammad Farid Ariany, Erry Arief Fakrulloh, Zudan Azis, Miftakul Bakir, Herman Barthos, Megawati Effendy, D. Andry Endriyana, Riza Enny Kristiani Fahrur Rozi, Agus Fathiyah, Shofa Franata, Hugo S Guspitawaty, Elita Herlina Basri Irawanto Isretno Israhadi, Evita Jasi, Askolani M. Zahlan, M. Zahlan Mahmuddin Mahmuddin Noval, Cepi Nugroho Marsudianto, Dwi Priyanto, Bambang Budi Rika Santina Rizalni Kurniawan, Aan S Franata, Hugo Sabungan Sibarani, Sabungan Sagalane, Andra Bani Saka, Risti Salamony, Jetter Wilson Samiyono, Sugeng Sapan, Heber Hombang Sari, Amalia Sarwono, Aditya Pratama Satoto, Endro Setiawan, Dwi Nur Setyawati, Niken Budi Sirot, Sirot Sri Inggriani, Sri Sudradjat, Mohamad Adya Laksmana Sulkiah Hendrawati Sumartono Sumartono Suparno Suparno Syahputra, M Arif Wijaya, Armen Wiraguna, Sidi Ahyar Wulandari, Evita Vibriana Yudhistira, Dhieno Yusuf, Hudi Yuswanti, Adillah Zudan Arif Fakrulloh Zuwanda, Rifka