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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.
Political Dynamics in the Selection of Judges of the Constitutional Court of Indonesia: A Critical Analysis of Integrity and Independence Taufan Soedirjo, Achmad; Santiago, Faisal
Journal of World Science Vol. 3 No. 3 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i3.585

Abstract

This study aims to examine the influence of political dynamics on the selection process of Constitutional Court (MK) judges in Indonesia and its implications for the integrity and independence of the institution. The research method used is the normative juridical method with reference to Law No. 24/2003 on the Constitutional Court as amended by Law No. 7/2020. Analysis was conducted on relevant regulations and legal documents through literature studies and interviews with legal experts. The results show that in the selection of Constitutional Court judges, political factors often dominate over the principle of meritocracy, which threatens the principle of constitutional justice and reduces public trust in the Constitutional Court. The findings highlight the urgent need for transparency and accountability in the selection process of judges to strengthen the integrity and independence of the Constitutional Court. A transparent selection process will allow the public to understand and assess the process, while accountability will ensure that the selection of judges is based on objective criteria. The implication of this research is the need to strengthen public oversight mechanisms to maintain the Constitutional Court as a guardian of the constitution with integrity and independence. These measures are also expected to strengthen public trust and constitutional justice in Indonesia.
The Legal Vacuum in Law Enforcement of Digital Currency Crimes by the Police Yanto, Sapta Eka; Santiago, Faisal
Journal of World Science Vol. 3 No. 12 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i12.1242

Abstract

The rapid development of digital currencies has introduced significant legal challenges, particularly concerning currency counterfeiting crimes. Existing regulations in Indonesia are often considered inadequate to address the complexities of such offenses, creating a substantial legal vacuum. This study employs a normative juridical research method with legislative and conceptual approaches to examine legal provisions and analyze the characteristics of digital currencies within the legal framework. The findings reveal critical regulatory gaps in defining and penalizing digital currency-related crimes, highlighting the urgent need for legal reforms. Key recommendations include strengthening regulatory frameworks, enhancing police investigative capabilities, and fostering cooperation between law enforcement and financial institutions. Establishing more precise legal definitions and providing specialized training for police officers are essential steps toward building a more responsive and effective law enforcement system capable of addressing digital-era crimes. These measures aim to improve legal enforcement practices and support the development of comprehensive digital currency regulations.
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.
Co-Authors Abdul Kadir Achmad, Suparji Aga Kurniawan Agus Supriyanto Ahmad Redi, Ahmad Ahmad Sahroni, Ahmad Alfianda, Jaka Tiwana Alfiani, Francisca Romana Nanik Aljawi, Muhammad Farid Apriani, Meni Ardiansyah, M. Filusi Ariany, Erry Arief Fakrulloh, Zudan Attidhira, Safira Widya Azis, Miftakul Bagus, Sujoko Bakir, Herman BAMBANG SUJATMIKO Barthos, Megawati Basri, Herlina Benjamin, Biem Triani Briando, Bobby Budianto, Azis Chandra, Joemarthine Christianty, Eva Nurlaelisa Daniel Balubun, Daud Darmawan, Andri Difa, Aulia Diantama Effendy, D. Andry Endriyana, Riza Enny Kristiani Fahrur Rozi, Agus Fathiyah, Shofa Fathony, Muhammad Fernando, Agung Fonda, Hanif Franata, Hugo S Guspitawaty, Elita Gusti Gede Maha Andika Jaya, I Gustryan, Muhammad Hamdi, Muhammad Arief Hedwin Hanggara, Lalu Hermawan, Didy Irawanto Israhadi, Evita Isretno Isretno Israhadi, Evita Iwansyah, Iwansyah Jasi, Askolani Karyono, Ario Lutrianto A., Indra M. Saleh M. Zahlan, M. Zahlan Mahmuddin Mahmuddin Mangunsong, Togi M. Marquez, Neilpon Yulinar Marwa, Muhammad Soffa Muchtarom, Achmad Muhamad Rizki Muhammad Hasyim, Muhammad Muhidin Muhidin Nai, Makkamadin Aras Nasution, Adhitya Anugrah Nasution, Izhar Zahri Netra, Ade Noval, Cepi Novelino, Romadu Nugroho Marsudianto, Dwi Palar, Hari PAngkey, DIcky Yulius Pasaribu, Fajar Ronal Harry Priyanto, Bambang Budi Puja Laksana, Andik Rika Santina Rizalni Kurniawan, Aan Ryandra, Reza 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 Sholih, Muhammad Abdurohman SIAGIAN, AMRIZAL Sirot Sirot, Sirot Soedirjo, Achmad Taufan Sri Inggriani, Sri Sudibyo, Andin Wisnu Sudradjat, Mohamad Adya Laksmana Sugiarto S Sulkiah Hendrawati Sumartono Sumartono Suparno Suparno Supriyanto Supriyanto Susanto, Robertus Hadi Syahputra, M Arif Taufan Soedirjo, Achmad Trihastuti S., Tuti Utami, Widya Wahyu Wijaya, Armen Wiraguna, Sidi Ahyar Wiraputra, Anindito Rizki Wulandari, Evita Vibriana Yanto, Sapta Eka Yudhistira, Dhieno Yudianto, Bambang Yusuf, Hudi Yuswanti, Adillah Yuwono, M. Sunandar Zakaria, Taufan Zudan Arif Fakrulloh Zuwanda, Rifka