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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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Policy construction of the Constitution of the Republic Indonesia political system rergarding the implementation of the president's prerogative in the appointment of ministers in the era of Joko Widodo administration Hendrawati, Sulkiah; Santiago, Faisal; Fakrulloh, Zudan Arif
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.v3i9.903

Abstract

The prerogative of the President in appointing a minister is defined by the 1945 Constitution. The research uses an empirical legal approach method to analyze the practical implications and real-world applications of constitutional provisions, examining the political and legal impacts of these appointments, and exploring the broader socio-political context of such decisions within the framework of Indonesia's evolving political landscape under President Joko Widodo's administration. This paper focuses on the theoretical and practical implications of the 1945 constitution and the concept of a legal state as the law that serves as the foundation of governance and must be complied with in exercising power, bridges the gap between despotic absolutism and the advanced development of constitutionalism, thus leading to the formation of constitutional law.
Efforts to Protect Victims of Domestic Violence in Divorce Cases in Court Fathiyah, Shofa; Santiago, Faisal
Journal Research of Social Science, Economics, and Management Vol. 3 No. 12 (2024): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v3i12.675

Abstract

The number of domestic violence cases continues to increase every year. The majority of the victims of violence are women. The purpose of this study is to determine the protection in the form of fulfilling the rights of domestic violence victims in divorce cases to achieve justice, certainty, and utility. This research uses a qualitative method by employing normative research that examines primary, secondary, and tertiary legal materials and utilizes descriptive analysis. The theory used is the theory of legal objectives, namely justice, certainty, and utility. This study analyzes efforts to protect victims by the domestic violence eradication law. Based on the results of this research, efforts in the divorce process include filing for protection and fulfilling rights, and the implementation of fulfilling the rights of domestic violence victims after divorce is not oriented towards legal certainty and utility as stipulated by the law.
Legal Certainty in Law Number 8 of 2016 Concerning Persons with Disabilities in Industrial Relations Sudradjat, Mohamad Adya Laksmana; Santiago, Faisal
Journal of Social Research Vol. 2 No. 10 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i10.1401

Abstract

Article 1 point 1 of the Law on Persons with Disabilities explains that Persons with Disabilities are any person who experiences physical, intellectual, mental, and/or sensory limitations for a long time in interacting with the environment may experience obstacles and difficulties to participate fully and effectively with other citizens based on equal rights. Based on the description above, the problem is how is the legal certainty of Law Number 8 of 2016 concerning Persons with Disabilities in Industrial Relations? The research method used is normative juridical and empirical juridical. Legal certainty in Law Number 8 of 2016 concerning Persons with Disabilities in industrial relations based on the results of an interview with Mr. Agung as Director of Human Capital PT. Semen Indonesia Group, it can be concluded that there has never been an industrial relations dispute between employees with disabilities and the Company, and to date, there has never been a layoff from the Company. This is by the legal certainty of Law Number 8 of 2016 concerning Persons with Disabilities which requires efforts to regulate law in legislation made by authorized and authoritative parties so that these rules have a juridical aspect that can guarantee certainty that the law functions as a rule that must be obeyed.
Legal Consequences of Bankruptcy for Creditors Holding Mortgage Rights and Execution Parate Rizalni Kurniawan, Aan; Santiago, Faisal; Isretno Israhadi, Evita
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.817

Abstract

The right of the separatist creditor as the holder of the mortgage right is clearly regulated by Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (henceforth referred to as UUHT) Article 20 paragraph (1). In particular, the effect of bankruptcy on mortgage rights appears with the existence of Article 56 paragraph (1) UUK which states that the execution right of a separatist creditor holding mortgage rights against mortgage rights that are in the control of creditors is suspended for a maximum period of 90 days (stay period). The rights of the mortgage holder that have been protected by Article 20 paragraph (1) and Article 21 UUHT are no longer protected if the debtor is declared bankrupt because Article 56 paragraph (1) UUK (stay period) applies which suspends the execution of the mortgage holder for 90 days.
Postponement Arrangements of Election From The Perspective of The 1945 Constitution of The Republic of Indonesia Jasi, Askolani; Barthos, Megawati; Santiago, Faisal
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.818

Abstract

Abstract. Provisions regarding the postponement of the implementation of elections have been regulated in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Prior to the election, there have always been efforts from several parties who wished that elections could be held in a direct, public, free, honest, fair, and transparent manner. However, this matter was deliberately brought up, so that the implementation of the General Election could be delayed from the previous schedule for some reason. Nevertheless, the implementation of the Election can be postponed, as long as it does not violate the applicable laws and regulations, and has received legal approval based on the results of a Judge's decision in court. The after-effect of the delay in the implementation of the election itself can end in the need for an amendment to Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Thus, even though it is legal in the eyes of the law if the implementation of the election is postponed, considering the impact that needs to be caused, all parties, starting from elements of the Legislature and Judiciary in making decisions related to the possibility of holding elections properly and correctly, without political elements involved.
Agrarian Law Enforcement In Land Dispute Settlement Endriyana, Riza; Santiago, Faisal; Suparno, Suparno
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.834

Abstract

Land ownership that is unfair to the community will offer opportunities for some parties to act undemocratically by taking land from the community. Conflict is a phenomenon that often occurs in human life, and arises from the conditions of the diversity of social systems. Conflict, no matter how it is seen, is inextricably linked with social existence. Property rights according to Article 20 paragraph (1) of the UUPA, namely hereditary, strongest, and fulfilled rights that people can own over land by considering that all land rights have a social function. The review utilizes a standardizing juridical methodology and the kind of legitimate survey is an extensive investigation of essential lawful materials, optional legitimate materials, and tertiary legitimate materials. The consequences of this exploration are the goal of land debate cases as specified in Regulation Number 51 of 1960, in Article 2 and Article 6 passage (1) letter a, that the utilization of land without consent from the legitimate individual or their lawful intermediary is a disallowed act and undermined with criminal punishments. Nonetheless, in tending to clashes and land debates that emerge, one should take a gander at it according to a few points of view while as yet focusing on equity and not hurting the two players, so it isn't just seen from the side of the inhabitant's activities yet additionally as far as the endlessly utilization of the land by the proprietor if, as far as usage, the land isn't used ideally and even appears to have been dismissed by the proprietor for roughly 15 years. Settlement of questions through consultation through intervention is followed as the way to taking care of land issues, remembering that the fundamental objective of intervention is to determine issues, apply standards or make request, yet in its execution, it should likewise be founded on broad standards
Legal Status of Land Rights of the Former Eigendom Verponding After the Issuance of the Conversion Rules Mahmuddin, Mahmuddin; Bakir, Herman; Santiago, Faisal
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.835

Abstract

Beginning on September 24, 1960, there were not any more western freedoms and standard terrains. The organization no longer exists while the freedoms have been changed over by the BAL into one of the new privileges. In such manner, beginning in 1961 there could have been as of now not any land that its arrangements could be dependent upon European Verponding, Indonesian Verponding, and Lanrente or Land Expense. The assessment endorsements that existed and were held by individuals around then and were not detailed for substitution of new privileges under the UUPA, were still as Eigendom Verponding. In any case, in all actuality, there are still holders of land privileges who after September 24, 1980, still have confirmation of responsibility for freedoms as western privileges and standard freedoms that poor person been changed over, which will create legitimate issues assuming that these are not directed in regulation. To expect lawful issues that emerge because of changes in guidelines in the land area, the public authority through transformation guidelines reaffirmed the lapse of privileges to the place that is known for beginning of the Change of Western Freedoms on September 24, 1980, which is likewise the standard framed in the BAL., to end the legitimacy of the excess Western privileges to land in Indonesia with every one of attributes are not by Pancasila and the 1945 Constitution
Implementation of Investigations and Investigations in Revealing Criminal Acts of Premeditated Murder Fahrur Rozi, Agus; Santiago, Faisal; Barthos, Megawati
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.839

Abstract

Efforts to investigate and investigate the crime of premeditated murder is regulated in the Criminal Procedure Code (KUHAP), namely Law Number 8 of 1981, Article 1 points 1 and 2 formulate the meaning of investigation. The reality on the ground shows that the implementation of investigations and investigations in uncovering cases of premeditated murder cannot be carried out optimally because there are obstacles to the lack of witnesses and evidence. The formulation of the problem in this study is: How is the implementation of investigations and investigations in uncovering cases of premeditated murder? The author uses an empirical juridical approach, using primary and secondary data. Data analysis using qualitative analysis. The results show that: The examination cycle should be done expertly by agents in view of regulation other than the Criminal Methodology Code which frames the legitimate reason for specialists is Police Guideline (Perpol) Number 6 of 2019 concerning the Nullification of Perkap Number 14 of 2012 concerning The executives of Criminal Examination.
Implementation Of Restorative Justice As A Justice Law Enforcement In Indonesia Supriyanto, Agus; Santiago, Faisal; Barthos, Megawati
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.840

Abstract

The law enforcement framework will in general save essential standards as far as satisfying equity, exclusively because of reasons of satisfying legitimate sureness. Victims in a crime, in the National Legal System, the position is not profitable. Because the victim, in the (Criminal) Judicial System, is only an accessory, not the main actor or just a witness. The type of research used by the author in compiling this research is normative legal research or library law research. It should be emphasized that restorative justice is fundamentally a concept, both about justice and due process, not a theory. Because it is the basis for the development of the judiciary, restorative justice is referred to as the philosophy of justice. So, it is possible to view restorative justice as a collection of legal procedures that primarily seek to repair (recover) the losses suffered by crime victims. In the science of criminal law, justice must try to restore the situation to how it was before the crime was committed. The situation changes when someone breaks the law. So that's where the role of law is to protect the rights of every victim of crime. Helpful equity additionally accentuates common liberties and the need to perceive the impacts of social unfairness and in basic ways review them, as opposed to just giving the culprits formal or lawful equity and casualties not getting any equity. Supportive equity likewise looks to reestablish casualties' security, individual regard, respect, and all the more significantly, a feeling of control. The helpful equity framework can be applied in the event that the lawful culture in a nation requires its execution for a specific case.
The role of the Corruption Eradication Commission (CEC) in carrying out its functions and authorities to eradicate corruption Priyanto, Bambang Budi; Santiago, Faisal; Arief Fakrulloh, Zudan
Jurnal Indonesia Sosial Sains Vol. 4 No. 07 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i07.857

Abstract

A clean government is a government that is free from the practice of Collusion, Corruption and Nopotism (CCN). Thus, the implementation of clean law and government must be supported by the participation of the community and / or community institutions through the function of control over the implementation of public government and development tasks in an effort to realize good governance. This research includes empirical legal research that uses primary data supported by literature research as secondary data. This research focuses on the function of the KPK's authority in eradicating corruption. The KPK in the Indonesian constitutional structure according to Law Number 19 of 2019 concerning Article 3 of the Corruption Eradication Commission, the Corruption Eradication Commission hereinafter referred to as the Corruption Eradication Commission is a state agency that has executive power that carries out the task of preventing and eradicating Corruption Criminal Acts in accordance with this Law. According to its function, the position of the KPK is equated with the Police and Prosecutor's Office. The KPK is still independent and free from any power. In this provision, what is meant by "any power" is a power that can affect the duties and authorities of the Corruption Eradication Commission or individual members of the Commission from the executive, judiciary, legislature, other parties related to corruption criminal cases, or circumstances and situations or for any reason.
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