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All Journal IKRA-ITH ABDIMAS Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Pendidikan dan Konseling Jurnal Ilmu Pemerintahan Suara Khatulistiwa SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Lex Publica Innovative: Journal Of Social Science Research Jurnal Global Ilmiah Jurnal Penelitian Pendidikan Indonesia Journal of Law and Social Politics Jurnal Greenation Sosial dan Politik Greenation International Journal of Law and Social Sciences Al-battar: Jurnal Pamungkas Hukum Constitutum: Jurnal Ilmiah Hukum Jurnal ISO: Jurnal Ilmu Sosial, Politik dan Humaniora Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
KMS Herman
Magister Hukum Universitas Borobudur, Jakarta, Indonesia
Arts Humanities Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Public Health Social Sciences Other

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Restorative Justice in the Case Verdict of the Muhammed Bin Zayed: MBZ Toll Road Case Mohammad Alwi; Subianta Mandala; KMS Herman
Jurnal Global Ilmiah Vol. 1 No. 8 (2024): Jurnal Global Ilmiah
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/jgi.v1i8.84

Abstract

Traffic congestion is a common problem throughout the country. Traffic accident cases that occur in the West Java Regional Police are generally handled through criminal procedures rather than non-criminal. The purpose of this study is to analyze and understand the implementation of the concept of Restorative Justice in cases of traffic accident decisions and other legal products in solving cases. The method used is empirical juridical using primary legal data, secondary legal data and tertiary legal data, namely legal products relevant to the restoration of justice. The results of the study explained the issuance of Law No. 22 of 2009 concerning Road Traffic and Transportation and the Circular Letter of the Chief of Police of the Republic of Indonesia. Police Number: SE/8/VII/2018 concerning the Implementation of Justice and Criminal Justice Decisions to resolve traffic accident cases. The persons involved as well as the legal requirements regarding the time limit for the implementation of justice only react to criminal investigations before submitting the initial notice of investigation, and the principle of civil law culture through the process of implementing the concept of Restorative Justice.
The Problem of Social Media Platform Responsibility Regarding Children's Rights in the Digital Space from A Human Rights Perspective Erdian; KMS Herman
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.513

Abstract

The swift growth of social media poses significant obstacles to safeguarding children's rights online. Numerous infractions, including sexual exploitation, cyberbullying, misuse of personal information, and exposure to hazardous content, show how frequently children's rights are disregarded on digital platforms. Through a review of the 1945 Constitution (Articles 28B and 31), the Child Protection Law (Articles 5, 7, and 15), the Electronic Information and Transactions (ITE) Law, the Personal Data Protection Law, and the 1989 Convention on the Rights of the Child (Articles 17 and 19), this study uses a normative approach to analyze the legal obligations of social media platforms to protect children's rights from a human rights perspective. The analysis reveals regulatory gaps: the absence of a clear mechanism for binding digital platforms to effectively protect children, difficulties in cross-jurisdictional law enforcement, and platform algorithms that often amplify exposure to harmful content for commercial gain. From a human rights perspective, this leads to violations of children's rights to adequate protection, education, and information. This study recommends reforming national laws, including strengthening digital platform obligations through the principle of Corporate Responsibility to Human Rights, As supplementary measures to guarantee the protection of children's rights in the digital sphere, cross-border rules should be harmonized and parents' and kids' digital literacy should be improved.
Disparity in Decisions Against Children in Conflict with the Law from the Perspective of Judicial Justice Beby Savitri; KMS Herman
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.514

Abstract

The occurrence of discrepancies in rulings against Children in Conflict with the Law (ABH) highlights the diversity in how the justice principle is applied, especially when judges take aggravating and mitigating circumstances into account. Actually, through a restorative justice approach, Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) highlights the best interests of children and the principle of legal protection. However, judges' broad discretionary powers, without clear normative guidelines, often lead to different decisions in similar cases and open up space for non-juridical factors to influence sentences. By analyzing primary, secondary, and tertiary legal documents, this study employs a normative-juridical method to investigate the coherence of the concepts of justice, expediency, and legal certainty in juvenile criminal justice practices. The study's findings show that the primary source of disparity is the absence of uniform guidelines governing the foundation for judges' considerations., which in turn reduces the effectiveness of the SPPA Law in protecting ABH. Therefore, ius constituendum is needed in the form of firmer normative guidelines for judges, so that legal considerations no longer depend on subjective assessments, but rather on legal parameters that are consistent with the principles of justice and legal certainty.
The Urgency of Legal Reform in the Implementation of the Revocation of Political Rights as an Additional Sanction for Corruption Offenders in Indonesia Eva N Christianty; KMS Herman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.406

Abstract

Corruption is an extraordinary crime that undermines the governance system and democracy. One form of additional criminal sanctions applied to corruption offenders in Indonesia is the revocation of political rights. This sanction aims to prevent corrupt individuals from returning to public office and minimize the risk of repeated corruption offenses. However, in practice, the implementation of the revocation of political rights for corrupt individuals still shows various legal inconsistencies. Some court rulings include this sanction, while others do not, even though the defendants have the same role in the corruption offense. Additionally, the lack of clear standards regarding the duration and mechanism of the revocation of political rights further exacerbates legal uncertainty. Therefore, legal reform is needed to ensure that the revocation of political rights for corrupt individuals can be applied consistently and effectively. This study uses a normative legal method with a statutory approach, a conceptual approach, and a comparative approach. The legal materials used consist of primary, secondary, and tertiary legal sources, which are systematically analyzed to identify existing legal problems and find appropriate solutions for the reform of additional criminal sanctions in the form of the revocation of political rights for corrupt individuals. Legal reform is expected to clarify the rules regarding the revocation of political rights, both in terms of application, duration, and mechanism. With legal certainty in the revocation of political rights, it is hoped that it will strengthen efforts to eradicate corruption and maintain the integrity of the democratic system in Indonesia.
The Complexity Of Health Professional Ethics From A Legal And Regulatory Perspective Niken Budi Setyawati; KMS Herman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.503

Abstract

Professional health ethics plays a crucial role in guiding medical personnel to provide healthcare services based on integrity, responsibility, and concern for patient well-being. The principles of medical ethics, such as beneficence, non-maleficence, autonomy, and justice, serve as primary guidelines for interactions between medical personnel and patients and for medical decision-making. While professional health codes of ethics serve as moral and professional standards, their existence is inextricably linked to legal regulations that more strictly regulate medical practice, with clear legal consequences for violations. However, in practice, conflicts often arise between adherence to codes of ethics and adherence to the law, for example, in cases of respecting patient rights versus the legal obligation to save lives, or maintaining patient confidentiality versus the legal obligation to report specific cases. Other challenges in enforcing professional health ethics include overlapping codes of ethics and legal regulations, weak oversight mechanisms, and difficulties in adapting to evolving medical technology and innovation. Therefore, a clear harmonization of professional ethics and legal regulations, along with effective oversight, is necessary to ensure medical personnel can carry out their duties professionally without compromising moral standards and legal protection for patients.
The Concept of State Financial Losses in the Field of Taxation Due to Bribery of Tax Officials as a Criminal Act of Money Laundering in Indonesia Ronald Samuel Wuisan; KMS Herman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.575

Abstract

State financial losses due to bribery in tax matters are a significant issue to study due to their link to money laundering. The tax sector, which contributes 82.43% of total state revenue, equivalent to IDR 2,309.9 trillion in the 2024 State Budget, plays a strategic role and is highly vulnerable to corruption and financial crime. This study uses a normative (doctrinal) juridical method with a statutory, conceptual, and analytical approach to various regulations, court decisions, and related legal doctrines. The results indicate that state financial losses in taxation are defined as a shortfall in state revenue due to unpaid or underpaid taxes, as well as funds that should have been deposited into the state treasury but were misused through administrative violations. These losses arise from bribery practices and abuse of authority by tax officials, which have the potential to constitute money laundering, as stipulated in Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering. It also found an imbalance between criminal and administrative sanctions, where the large fines encourage perpetrators to choose imprisonment over restitution of state losses. Although the number of tax cases decreased from 1,082 in 2020 to 484 in 2024, there were still 3,680 cases suspected of being related to money laundering. Therefore, a restructuring of the proportionality of sanctions is needed, emphasizing the restitution of state losses to strengthen the recovery of state revenues and the enforcement of justice in tax crimes related to money laundering.
Jurisdictional Transformation of Government Liability Disputes in Indonesia: The Role of the Tax Court Budi Haritjahjono; KMS Herman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.584

Abstract

The transformation of governance in Indonesia can be traced through the shifting jurisdiction over disputes involving unlawful acts by the government (onrechtmatige overheidsdaad). Initially adjudicated by the General Courts under the paradigm of private law, these disputes were later reassigned to the Administrative Court following the enactment of Law No. 5 of 1986, reflecting the recognition of government actions as matters of public law. In the strategic field of taxation, Indonesia further established a specialized judicial body, the Tax Court under Law No. 14 of 2002, designed to address the complex, interdisciplinary nature of tax disputes, which involve not only law but also economics, accounting, and public policy. This article aims to analyze the role of the Tax Court in strengthening governance by ensuring accountability, transparency, and fairness in the resolution of government liability disputes. The study employs a normative juridical approach combined with comparative insights to explore the evolving jurisdictional framework. The findings indicate that the Tax Court’s authority extends beyond the narrow scope of tax collection, encompassing a broader mandate to uphold legal certainty and public trust in fiscal administration. By situating tax adjudication within the context of global governance and welfare, the Tax Court contributes to aligning domestic legal practices with international standards, thereby reinforcing Indonesia’s commitment to good governance. The conclusion underscores that jurisdictional transformation in government liability disputes not only redefines institutional arrangements but also strengthens interdisciplinary synergy between law and economics, fostering global welfare through improved accountability mechanisms.
Transforming Cybercriminal Law Governance through an Interdisciplinary Approach as an Effort to Achieve Global Prosperity Amalia Sari; KMS Herman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.587

Abstract

The development of information technology in the digital era has given rise to various forms of cybercrime that are cross-border and have a significant impact on legal, social, and economic aspects. The complexity of cybercrime poses challenges for national criminal laws that are often lagging behind technological dynamics. This condition not only threatens legal certainty and the protection of people's rights, but also has an impact on the stability of the digital economy, data security, and social justice. To analyze the extent to which criminal law regulation in Indonesia has been able to answer the complexity of cross-border cybercrime and to formulate a concept of transforming cyber-criminal law governance that is more adaptive, responsive, and oriented towards global welfare. The method used is normative juridically, using a legislative approach and an analytical approach. Research shows that the weaknesses of cyber-criminal law in Indonesia lie in the disharmonization of regulations, the limited capacity of law enforcement officials, the lack of use of digital forensic technology, and the weak cooperation across countries. Governance transformation can be realized through regulatory harmonization, increasing digital literacy of law enforcement officials, applying technology in proof, and strengthening international cooperation mechanisms. In conclusion, the governance of cyber-criminal law based on an interdisciplinary approach not only provides legal certainty and protection for the community, but also contributes to the creation of global prosperity in the digital era.
Optimizing Public Services to Achieve Good Governance Saur Oloan Hamonangan Situngkir; KMS Herman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.590

Abstract

Public service is one of the main functions of the state in realizing the welfare of society. However, in practice, there are still problems of maladministration, such as discrimination against the community, prolonged delays, and illegal levies that burden the community. This situation clearly contradicts the principles of public service as stipulated in Article 4 letter l of Law Number 25 of 2009 concerning Public Services, namely the principles of speed, convenience, and affordability. The objective of this study is to analyze forms of maladministration that violate the principles of speed, convenience, and affordability, and the optimization of public services in realizing good governance. The method used is a normative juridical method, with a legislative and analytical approach. Research shows that maladministration of public services violates the principles of speed, convenience, and affordability, namely prolonged administrative delays, discrimination in service, and illegal fees. These practices violate Article 4 letter l of Law Number 25 of 2009 concerning Public Services. Synergy between internal and external oversight will strengthen the system of checks and balances in public services, including the role of the Ombudsman and public participation through easily accessible complaint channels. This study confirms that maladministration in public services, such as prolonged delays, discrimination, and illegal fees, is contrary to the principles of speed, convenience, and affordability as stipulated in Law No. 25 of 2009. To realize good governance, it is necessary to strengthen internal and external oversight.
Updates to the Assembly's Recommendation Mechanism in Article 308 of Law Number 17 of 2023 concerning Health to Prevent Premature Investigations of Medical Personnel Arthur Daniel Thomas Betlehem; KMS Herman
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.623

Abstract

Article 308 of Law Number 17 of 2023 concerning Health regulates the mechanism for recommendations from the panel prior to an investigation into medical personnel or health workers suspected of committing legal violations in the provision of health services. However, in practice, there are legal gaps, including unclear criteria for the panel in issuing recommendations, undefined professional standards, and consequences if the panel neglects or delays its recommendations. This gap has the potential to lead to premature investigations that can be detrimental to medical personnel. This study aims to analyze this legal gap and formulate proposals for reforming the panel's recommendation mechanism to make it clearer, more objective, and more effective in providing legal protection for medical personnel. The research method uses a normative-juridical approach, with an analysis of laws and regulations, legal doctrine, and case studies related to investigations of health workers. The results of this study are expected to form the basis for legal reform that guarantees legal certainty, transparency, and protection for the professional practices of medical personnel in the context of safe and responsible health services.
Co-Authors Adi Darmawansyah Agus Sudrajat Alfin Suherman Amalia Sari Arthur Daniel Thomas Betlehem Bambang Bernanthos Beby Savitri Beby Savitri Bernadete Nurmawati Budi Haritjahjono Chitto Cumbhadrika D. Andry Effendy Dewi Iryani Didik Suhariyanto Dwi Kusumo Wardhani Edy Krispono Erdian Eva N Christianty Faisal Santiago Gianto Egosono Hasby Muhammad Zamri Hendry Juanda Imanudin Suwardi Indra Jaya Rukmana Iqbal Ramadhan Jekson S Lumbantoruan Johan Budi Sapto Pribowo K. Johnson Rajagukguk Laura E. M. Poluan maisondra maisondra Mohammad Alwi Neilpon Yulinar Marquez Niken Budi Setyawati Nila Anesia Nomensen Sinamo Nova Ernny Rumondor Pan Panissa Barlian Barlian Priyanto Priyanto Puguh Aji Hari Setiawan Raja Robert Marpaung Rega Guna Wibawa Ridwan A. Taufan Rini Fitri Octa Amelia Ronald Samuel Wuisan Royke Barce Bagalatu russel butarbutar Russel Butarbutar Saur Oloan Hamonangan Situngkir Subianta Mandala Subianta Mandala Sunardi Sunardi Surya Surya Taufik Budiawan Titin Hartati Verania Hedi Permata