Articles
<![CDATA[Authority of Taping as A Tool of Evidence in Criminal Acts of Corruption in Indonesia ]]>
<![CDATA[S Franata, Hugo]]>;
<![CDATA[Santiago, Faisal]]>
<![CDATA[ Journal of World Science Vol. 1 No. 11 (2022): Journal of World Science ]]>
Publisher : <![CDATA[Riviera Publishing ]]>
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DOI: 10.58344/jws.v1i11.135
<![CDATA[Introduction: On the side of corruption crime, law enforcers are given special rights to obtain and access electronic information to strengthen evidence of corruption cases. The range of wiretapping on privacy related to human rights and its importance as electronic evidence in criminal acts of corruption, the purpose of this study is to examine wiretapping as evidence in criminal acts of corruption in Indonesia without violating constitutional rights. Methods: This research method uses normative jurisprudence with secondary data sources obtained through library research, including primary legal materials, secondary legal materials, and tertiary legal materials, both in the form of documents and regulations relating to wiretapping on corruption. At the same time, the data analysis technique used descriptive qualitative. Result: The principle of wiretapping is the legal basis of Law Number 19 of 2019; the law further explains legal certainty regarding granting permits to the Supervisory Board so that the KPK leadership can take immediate action. However, giving special keys to the apparatus must be balanced with caution to avoid misusing. Because the privileges granted intersect with the personal rights of every community, it is prone to human rights violations if it exceeds the limit / outside the problem of corruption. Conclusion: Law enforcement action against corruption gives special powers to law enforcers to obtain and use electronic information. The range of wiretapping on privacy related to human rights and the importance of such information as evidence of corruption must consider the applicable laws without violating constitutional rights.]]>
<![CDATA[Juridical Analysis of the Application of Restorative Justice in Corruption Crimes in Indonesia ]]>
<![CDATA[Franata, Hugo S]]>;
<![CDATA[Santiago, Faisal]]>
<![CDATA[ Journal of World Science Vol. 2 No. 4 (2023): Journal of World Science ]]>
Publisher : <![CDATA[Riviera Publishing ]]>
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DOI: 10.58344/jws.v2i4.277
<![CDATA[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.]]>
<![CDATA[Responsibility of the Notary to The Parties in Terms of Binding Purchase Agreement (Ppjb) Based on Their Legal Analysis ]]>
<![CDATA[Guspitawaty, Elita]]>;
<![CDATA[Santiago, Faisal]]>
<![CDATA[ Journal of World Science Vol. 2 No. 4 (2023): Journal of World Science ]]>
Publisher : <![CDATA[Riviera Publishing ]]>
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DOI: 10.58344/jws.v2i4.278
<![CDATA[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.]]>
<![CDATA[Juridical Analysis of Blasphemists of Religion Based on Criminal Perspective ]]>
<![CDATA[Irawanto, Irawanto]]>;
<![CDATA[Santiago, Faisal]]>
<![CDATA[ Journal of World Science Vol. 2 No. 4 (2023): Journal of World Science ]]>
Publisher : <![CDATA[Riviera Publishing ]]>
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DOI: 10.58344/jws.v2i4.280
<![CDATA[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.]]>
<![CDATA[Political Dynamics in the Selection of Judges of the Constitutional Court of Indonesia: A Critical Analysis of Integrity and Independence ]]>
<![CDATA[Taufan Soedirjo, Achmad]]>;
<![CDATA[Santiago, Faisal]]>
<![CDATA[ Journal of World Science Vol. 3 No. 3 (2024): Journal of World Science ]]>
Publisher : <![CDATA[Riviera Publishing ]]>
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DOI: 10.58344/jws.v3i3.585
<![CDATA[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.]]>
<![CDATA[The Legal Vacuum in Law Enforcement of Digital Currency Crimes by the Police ]]>
<![CDATA[Yanto, Sapta Eka]]>;
<![CDATA[Santiago, Faisal]]>
<![CDATA[ Journal of World Science Vol. 3 No. 12 (2024): Journal of World Science ]]>
Publisher : <![CDATA[Riviera Publishing ]]>
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DOI: 10.58344/jws.v3i12.1242
<![CDATA[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.]]>
<![CDATA[Legal Protection of Debtors for Fiduciary Collateral Objects Whose Debts Have Been Paid Off Based on the Fiduciary Guarantee Law and Government Regulation Number 21 of 2015 ]]>
<![CDATA[Melannie, Wennie]]>;
<![CDATA[Santiago, Faisal]]>
<![CDATA[ Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 7 (2024): Edunity : Social and Educational Studies ]]>
Publisher : <![CDATA[PT Publikasiku Academic Solution ]]>
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DOI: 10.57096/edunity.v3i7.277
<![CDATA[Fiduciary Guarantee is an accessory agreement that follows the principal agreement it guarantees. If the principal agreement ends, the Fiduciary Guarantee agreement also ends. However, the recording of the encumbrance and granting of the Fiduciary Guarantee contained in the Fiduciary Guarantee Register Book at the Fiduciary Registration Office can be crossed out or deleted (roya) if requested by the Fiduciary Beneficiary (Article 25 paragraph (3) of Law No. 42/1999 on Fiduciary Guarantee). Legal protection is provided in the event of full repayment or repayment of the debt secured by the Fiduciary Guarantee Object. Based on Article 25 paragraph (1) of Law No. 42/1999, this is one of the reasons for fiduciary abolition. The Fiduciary is obliged to notify the abolition of the Fiduciary Guarantee to the Fiduciary Registration Office so that the Fiduciary Guarantee can be removed from the Fiduciary Guarantee Register Book. The nature of the Fiduciary Guarantee depends on the existence of the receivables whose repayment is guaranteed. If the receivables are written off due to debt repayment or disposal, the related Fiduciary Guarantee is automatically deleted. If the Creditor does not perform the deletion, the Debtor may take legal action, either through litigation or non-litigation. An obstacle to legal protection for the Fiduciary is if the Fiduciary does not complete the Fiduciary Guarantee Certificate online. Law No. 42/1999 and its implementing regulation, PP No. 21/2015, do not include sanctions for the Fiduciary or its representative if the Fiduciary Guarantee Certificate is not done. This results in no legal certainty over the object of the Fiduciary Guarantee if the Fiduciary does not perform it, because the object used as collateral remains registered with the Ministry of Law and Human Rights and the Fiduciary Guarantee Certificate is still considered valid and cannot be re-registered in accordance with Article 17 paragraph (2) of Government Regulation No. 21 of 2015.]]>
<![CDATA[Discrepancy in Public Administration Services Due to Vacancy in Regional Head Positions ]]>
<![CDATA[Djunaedi, Tubagus Rekayasa Kamal]]>;
<![CDATA[Santiago, Faisal]]>
<![CDATA[ Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 11 (2024): Edunity: Social and Educational Studies ]]>
Publisher : <![CDATA[PT Publikasiku Academic Solution ]]>
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DOI: 10.57096/edunity.v3i11.334
<![CDATA[Vacancies in the position of regional heads have a significant impact on public services in the regions, which have implications for access, quality and responsiveness of services to the community. This study aims to identify and analyze the impact of vacancies of regional head positions on the delivery of public services and formulate strategies that can be done to improve the quality and responsiveness of public services in the regions. The research method used is normative legal research, with a focus on analyzing legal norms written in legislation and relevant legal literature. This approach is carried out by studying various regulations relating to public services and the authority of regional heads. The results showed that the vacancy of the regional head position caused serious disruption in the delivery of public services. This has resulted in a decline in service quality, delays in decision-making, and policy uncertainty that has a negative impact on public satisfaction. In addition, the vacancy poses challenges in maintaining public trust in the government. This research emphasizes the need for the transformation of public administration services to overcome the problems arising from the vacancy of the regional head position. Innovation and the use of information technology are expected to improve service efficiency and transparency. Recommendations are also given to develop human resource capacity and analyze community needs.]]>
<![CDATA[Legal Certainty Of Trademark Registration To Improve The Welfare Of Micro, Small And Medium Enterprises (Msmes) ]]>
<![CDATA[Saka, Risti]]>;
<![CDATA[Santiago, Faisal]]>
<![CDATA[ Jurnal Locus Penelitian dan Pengabdian Vol. 3 No. 11 (2024): JURNAL LOCUS: Penelitian & Pengabdian ]]>
Publisher : <![CDATA[Riviera Publishing ]]>
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DOI: 10.58344/locus.v3i11.3271
<![CDATA[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.]]>
<![CDATA[Legal Protection Reform for Notaries Regarding Time Limits on Authority ]]>
<![CDATA[Yuswanti, Adillah]]>;
<![CDATA[Santiago, Faisal]]>
<![CDATA[ Journal of Comprehensive Science Vol. 3 No. 12 (2024): Journal of Comprehensive Science (JCS) ]]>
Publisher : <![CDATA[Green Publisher Indonesia ]]>
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DOI: 10.59188/jcs.v3i12.2916
<![CDATA[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.]]>
