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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Awang Long Law Review Journal of Humanities and Social Studies Pagaruyuang Law Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Syntax Transformation Devotion: Journal of Research and Community Service International Journal of Social Service and Research Jurnal Impresi Indonesia Journal Of World Science INJURITY: Journal of Interdisciplinary Studies Journal of Social Science Rechtsnormen Journal of Law Jurnal Greenation Sosial dan Politik
Faisal Santiago, Faisal
Unknown Affiliation
Religion Arts Humanities Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Public Health Social Sciences

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The Influence of Authoritarian Political Configuration in The Presidential Government System on Constitutional Court Decisions Salamony, Jetter Wilson; 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.v3i2.359

Abstract

The authority of the Constitutional Court, which should ideally result in independent decisions free from external influence, has proven to be very difficult to achieve. This is because the decisions of the Constitutional Court are also influenced by political interests. This situation places society, as seekers of justice, in a challenging position when dealing with disputes in the Constitutional Court, as it is not easy to confront the political interests of those in power. The legitimacy of political power formed through group dynamics creates an authoritarian political configuration, which not only impacts the democratic life of a nation but also undermines the enforcement of law. In terms of state governance, Indonesia explicitly acknowledges a democratic political configuration as enshrined in its Constitution, which firmly recognizes Indonesia as a democracy based on Pancasila. Changes in the practice of democratic politics have significantly affected various legal aspects in Indonesia, including legal politics, legal products, and even the decisions of the Constitutional Court (MK), which holds the authority to adjudicate and decide cases related to judicial review. Ultimately, the Constitutional Court has also become part of state institutions affected by the shift from democratic political practices to authoritarian political configurations. This research is conducted normatively using primary data derived from Constitutional Court Decisions Number 90/PUU-XXI/2023, 60/PUU-XXII/2024, and 70/PUU-XXII/2024, focusing on the outcomes of decisions influenced by political interest tendencies. The research data is also supplemented by other sources obtained through legal literature and information from various media. The results of the research conducted found that: The position of the Constitutional Court as a state institution within a presidential system is not one that operates independently, despite being part of the judiciary. The system of separation of powers allows for the Constitutional Court to be influenced by both executive and legislative powers. In an authoritarian political configuration, the creation of large coalitions in the legislative and executive branches automatically leads to dominance that directly affects the decisions of the Constitutional Court. This is due to the composition of judges on the Constitutional Court, which consists of three judges nominated by the President, three by the DPR (House of Representatives), and three by the Supreme Court.
Legal Culture and the Challenges of Ethical Enforcement: Legal Reform and Ethical Implications in the Advertising and Promotion of Healthcare Services in Indonesia Sarwono, Aditya Pratama; 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.v3i2.360

Abstract

The promotion of healthcare services, particularly in the field of dentistry, has rapidly evolved in the digital era. However, this development has not been accompanied by adequate legal regulations, leading to various ethical and legal concerns. This study aims to examine the effectiveness of healthcare advertising regulations in Indonesia, identify violations of medical ethical principles, and propose juridical solutions for fairer and more accountable law enforcement. The findings indicate that weaknesses in oversight, ambiguous legal norms, and poor inter-agency coordination are the primary obstacles to regulatory enforcement. Additionally, a permissive legal culture and excessive professional solidarity further undermine the implementation of the dental code of ethics. Many advertisements have been found to violate principles of honesty, justice, and non-maleficence, and often manipulate consumer perceptions. To address these issues, this study recommends comprehensive regulatory reform, the adoption of digital monitoring technologies, the strengthening of independent ethical bodies, and the protection of the dignity of dental professionals. Public education and cross-sector collaboration are also essential to building a more ethical, transparent, and responsible healthcare promotion system.
Legal Formulation of Substitute Money Charges in Corruption Cases in the Perspective of State Financial Recovery Sari, Amalia; 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.v3i2.361

Abstract

The responsibility for corruption lies with the perpetrator, and the state is only responsible for execution without bearing the shortfall, meaning that losses may not be fully recovered. Consequently, further elucidation is requisite on Article 18 paragraph 1 letter b of the Corruption Eradication Law with regard to the imposition of restitution. The present study aims to examine the mechanism for recovering state financial losses, including the limitations in recovering losses that are not enjoyed by the perpetrators of corruption crimes and the legal construction of restitution in corruption cases from the perspective of restoring state finances. The research method employed is a normative research method through a statutory approach and an analytical approach. The results obtained demonstrate that the mechanism for recovering state losses due to corruption offences still faces obstacles. The provisions of Article 18 paragraph (1) letter b of the Corruption Eradication Law do not provide adequate legal certainty regarding the imposition of restitution in the perspective of state financial recovery. It is therefore recommended that a reformation of legal provisions, especially those pertaining to the imposition of restitution, is initiated with a view to clarifying the limits of the perpetrator's responsibility and thereby enhancing the effectiveness of state financial recovery in cases of corruption offences.
Legal Implications of Proving the Status of Non-Marital Children through DNA Tests in the Indonesian Civil Law System Noval, Cepi; 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.v3i2.362

Abstract

The development of genetic technology, especially DNA testing, presents new opportunities in proving civil law, especially related to the status of children non-marital. In the context of Indonesian law, the regulation of non-marital children still gives rise to various interpretations, especially in terms of determining civil relations with the biological father. The Constitutional Court through Decision No. 46/PUU-VIII/2010 and the latest Decision No. 69/PUU-XIII/2015 has opened up the space for recognition of children non-marital, but has not fully regulated the mechanism of proof comprehensively, especially in cases involving alleged adultery. This study aims to analyse the status of children non-marital after the Constitutional Court's decision and the extent to which DNA tests can be used as evidence to determine the child's civil rights, whether as main evidence or only in supporting nature. The research method used is normative juridical with a legislative approach and a study of court decisions. The results show that DNA tests have high scientific validity, but are still legally positioned as supporting evidence, not a single stand-alone evidence. This is in line with Article 1865 of the Civil Code and Article 164 of the Civil Code which places evidence in a certain hierarchy. In conclusion, although DNA tests have the potential to strengthen the civil claims of non-marital children against their biological fathers, there is still a need for voluntary recognition or through a court order that comprehensively assesses the entire set of evidence. Therefore, further regulation is urgently needed to ensure legal certainty and protection of the rights of children non-marital in Indonesia.
Ethics Court as an Answer to the Need for Enforcement of Ethical Norms in a Modern Democratic System Sapan, Heber Hombang; Santiago, Faisal
International Journal of Social Service and Research Vol. 5 No. 7 (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.v5i7.1254

Abstract

In a modern democratic system, the enforcement of ethical norms is a crucial aspect in maintaining the integrity and public trust in state institutions and strategic professions. However, there are still many ethical violations that are not handled adequately due to the limitations of existing legal mechanisms, especially when the violations are not categorized as criminal acts. Therefore, the urgency of establishing an Ethics Court is becoming increasingly relevant as a means to enforce moral standards, clarify the boundaries of professional behavior, and provide proportional sanctions for ethical violations. The Ethics Court can function as an independent institution that bridges legal norms and social norms, strengthens the internal oversight system, and encourages the creation of a culture of transparency and accountability. This study aims to analyze the concept, needs, and possibilities of implementing the Ethics Court in Indonesia by reviewing various comparative studies and applicable normative frameworks. It is expected that the results of this study can be an initial contribution to the discourse on the formation of effective and adaptive ethics institutions in the context of contemporary democracy.
Legal Vacuums in the Management of State Assets from Upstream Oil and Gas Cooperation Contracts Sumartono, Sumartono; Santiago, Faisal
Journal of Social Science Vol. 5 No. 6 (2024): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v5i6.949

Abstract

This research examines legal vacuums in the management of state assets derived from Cooperation Contracts (KKKS) in the upstream oil and gas sector in Indonesia. Despite a legal framework established by Law No. 22 of 2001 and Government Regulation No. 35 of 2004, field practices reveal discrepancies between regulations and implementation, leading to difficulties in the recording and reporting of assets, as well as the determination of depreciation values and operational costs. The impact of this legal vacuum not only affects state revenue and transparency but also has significant social and economic implications. Through case study analysis, this research suggests improvements to existing regulations, capacity building for KKKS, and strengthening oversight mechanisms to optimize the management of state assets in the upstream oil and gas sector.
The Dangers of Money Laundering For Democracy In Indonesia Yusuf, Hudi; Santiago, Faisal
Devotion : Journal of Research and Community Service Vol. 4 No. 1 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/dev.v4i1.373

Abstract

Money Laundering is a serious crime. This crime occurred in several jurisdictions which made it a transnational crime. The impact caused can be detrimental to state finances and the state economy. The crime of money laundering is regulated in Law NO. 8 of 2010 article 1 paragraph 1. Democracy is a form of government in which all citizens have equal rights to make decisions that can change their lives. One form of democracy is general elections (elections) to elect national leaders. If the proceeds of crime are used as election funds, it will affect the policies of the elected leader, which will be greatly influenced by the wishes of the unscrupulous donors of funds. For example, law enforcement against crime is weak. Moreover, if the elected leader is supported by a significant vote in the legislature, then the situation will be even worse. If this is the case, it is certain that the government will no longer be able to exercise control over these criminals. Even policies in any field tend to side with the interests of the illegal financiers, therefore how the crime funds are not included in the costs of democracy
Copyrights Protections of Songs In Cover Version Activities Santina, Rika; Santiago, Faisal; Barthos, Megawati
Devotion : Journal of Research and Community Service Vol. 4 No. 1 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/dev.v4i1.375

Abstract

A phenomenon that is currently rife is covering songs created by other people to be uploaded on digital music media for commercial purposes without the creator's permission. While copyright violations have occurred so far, often without any meaningful legal settlement. One of the most visited digital music platforms by the public is a video-based digital music media called YouTube. The results are not copyright infringement if the creation and distribution of the Cover Version through information and communication technology media is non-commercial in nature and benefits the Author or related parties, if the Author expresses no objection to such production and distribution. If the act of covering a song does not meet the elements of Article 43 and Article 44, it is a Copyright infringement. What Gen Halilintar did was copyright infringement, because he made a cover of a song without fulfilling the above elements. The author does not fully agree with the judge's decision to completely reject Nagaswara's lawsuit, because what Gen Halilintar did was a copyright infringement. The basis for the judge's consideration was that the purpose of making cover came from subscribers. Many people cover songs through YouTube, Gen Halilintar covered Nagaswara's “Lagi Syantik” song without permission but still included the word cover and the song title. The judge found that the claim for royalties from this song fell to Wahana Musik Indonesia (WAMI) as the collective management agency, not to Gen Halilintar
Enforcement of State Law by the Republic of Indonesia Attorney General's Office in the Perspective of Law Number 16 of 2004 Wijaya, Armen; Santiago, Faisal
Devotion : Journal of Research and Community Service Vol. 5 No. 6 (2024): Devotion: Journal of Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i6.741

Abstract

The Republic of Indonesia is a country with a constitutional system that is governed by the Indonesian Constitution. It is an independent and effective law enforcement agency in Indonesia. This paper aims to explore the enforcement of state law by the Prosecutor's Office of Indonesia (Kejaksaan RI) in the perspective of Law Number 16 of 2004. It focuses on the mechanisms, practices, and effectiveness of this enforcement from a legal and procedural standpoint. The research may offer insights into the interpretation and application of this law, identify challenges, and suggest potential improvements or reforms in the enforcement process. It provides a solid legal foundation for the Attorney General's office of Indonesia to carry out its duties as a policing in upholding justice and legal sovereignty in Indonesia's established framework. It emphasizes the crucial role of the Penal Service of Indonesia in constitutional law enforcement, including prosecuting crimes that harm the interests of the state or the public. Ensuring constitutional law enforcement is crucial for maintaining legal stability, eradicating corruption, improving governance, and strengthening public trust. Indonesia can achieve effective enforcement through strengthening regulations, coordination between legal institutions, and government, and by enhancing capacity and resources through training, education, professional development, interagency cooperation, and transparency and accountability.
Urgency of Legal Regulation on Inventory Financing in Peer-to-Peer Lending to Provide Legal Protection for Lenders in Indonesia Santiago, Faisal
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6542

Abstract

This study discusses the urgency of legal regulation of inventory financing in peer-to-peer (P2P) lending practices in Indonesia, especially in providing legal protection for lenders as lenders. Although P2P lending has been regulated in POJK No. 77/POJK.01/2016, there is no specific regulation governing inventory financing as a form of collateral, thus creating a legal vacuum that may cause risks and losses for lenders. The study uses a normative juridical method with a statutory and conceptual approach to analyze related legal aspects. The study results indicate the need for the formation of comprehensive regulations that regulate the mechanism for charging, recording, and executing inventory collateral, as well as strengthening the role of the Alternative Dispute Resolution Institution (LAPS) as an effective dispute resolution solution. Legal certainty is expected to increase lender trust, maintain the stability of the fintech platform, and encourage the growth of the national digital economy
Co-Authors Ahmad Redi, Ahmad Ahmad Sahroni, Ahmad Alfiani, Francisca Romana Nanik Aljawi, Muhammad Farid Ariany, Erry Arief Fakrulloh, Zudan Barthos, Megawati Budianto, Azis Daniel Balubun, Daud Franata, Hugo S Gusti Gede Maha Andika Jaya, I Hedwin Hanggara, Lalu Israhadi, Evita Isretno Nasution, Adhitya Anugrah Noval, Cepi Rika Santina Salamony, Jetter Wilson Samiyono, Sugeng Sapan, Heber Hombang Sari, Amalia Sarwono, Aditya Pratama Setiawan, Dwi Nur Setyawati, Niken Budi Sirot, Sirot Sri Inggriani, Sri Sumartono Sumartono Supriyanto Supriyanto Syahputra, M Arif Wijaya, Armen Yudhistira, Dhieno Yusuf, Hudi