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Law Enforcement In Overcoming Election Crime (Case Study Of Bawaslu, Semarang District) Redhi Setiadi; Megawati Barthos; Zudan Arief Fakrulloh
Journal Research of Social Science, Economics, and Management Vol. 2 No. 10 (2023): 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.v2i10.460

Abstract

The issues with upholding election law must be resolved comprehensively if elections are to be held in an honest and fair manner and if they are not to be delegitimized in the future. The first thing that must be done is to determine what is causing issues with law enforcement; After that, a comprehensive solution to this issue is sought, resulting in the establishment of a system of election law enforcement capable of guaranteeing free and fair elections. According to international democratic election standards, free and fair elections can be achieved if there are legal instruments that can protect organizers, participants, candidates, voters, observers, and citizens in general from fear and intimidation, violence, bribery, fraud, and other fraudulent practices that will affect the results of the election. This type of research is normative research. The approach used is a statutory approach (statute approach) and a conceptual approach (conceptual approach). Secondary data are used as the data source. Qualitative and descriptive methods were used to analyze the data. Conclusions are drawn using the deductive method, namely concluding from general to specific, especially those related to the research topic, namely law enforcement against election crimes. This research resulted in findings that future election legislation must re-clarify the notion of election administration violations. In this case, administrative violations can be divided into two major groups, namely minor administrative violations, and serious administrative violations.
Analysis of Constitutional Court Decision Number 01/PHPU-PRES/XVII/2019 Related to Presidential Election Disputes Farizal Pranata Bahri; Megawati Barthos
Journal Research of Social Science, Economics, and Management Vol. 2 No. 11 (2023): 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.v2i11.471

Abstract

The study desires to find out the basic considerations and analysis of the Constitutional Court regarding the dispute over the results of the 2019 Presidential General Election. The type of research used is normative research. The results obtained from this study are that Bawaslu has too broad authority and even the Constitutional Court cannot re-examine the results of the Bawaslu decision because it is final. It is contrary to the principle of checks and balances applied in Indonesia. Therefore, the Drafters view that Law Number 7 of 2017 concerning General Elections needs to be replaced by a regulation that can expand the authority of the Constitutional Court or at least the Constitutional Court has the authority to re-examine decisions from election management bodies.
Criminal Sanctions Against Empty Bilyet Giro Issuers in Indonesia M. Zahlan M. Zahlan; Faisal Santiago; Megawati Barthos
Jurnal Indonesia Sosial Sains Vol. 4 No. 08 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i08.860

Abstract

Bilyet Giro is part of banking services in Indonesia carried out by conventional commercial banks. Conventional commercial banks are closely related to people's economic activities. The use of Bilyet Giro as a means of payment began to be felt by businesses, so the introduction and use of Bilyet Giro is a sign that the public knows the important role of Bilyet Giro as a means of giral payment. For issuers who issue empty bilyet giro will receive administrative sanctions in the form of inclusion of the customer's name into the Blank Giro Withdrawal Black List, and the customer is required to return the remaining unused bilyet giro blanks. The name of the customer listed in the blacklist expires, and then can be accepted again as a bank customer. However, if the issuer of an empty bilyet giro has an indication and it should be suspected that after the investigation process it turns out that there is an element of fraud, criminal sanctions can be imposed as stipulated in the Criminal Code. Guarantee of legal certainty in the application of the principle stated in Article 1 paragraph (1) of the Criminal Code, namely that a person can only be punished for his actions, if criminal sanctions for those actions have been regulated in advance in the Law. No matter how evil an act is, it will not be punishable if there is no law prohibiting it and mentions its sanctions. (Article 1 paragraph (1) of the Criminal Code).
Criminal Law Reform in Addressing the Gratification Loophole Disguised as Grants Sulaiman Amiruddin; Megawati Barthos
Journal of Social Research Vol. 4 No. 1 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i1.2329

Abstract

This study aims to analyze the legal loopholes that exist in the regulation of gratification and grants in Indonesia, as well as the implications of these loopholes for the integrity of the legal system and public trust in the government. Using a normative legal approach, this study explores the definition, scope, and fundamental differences between gratification and grants under the provisions of applicable laws. The results of the study indicate that the ambiguity in these regulations has facilitated the practice of gratification disguised as grants, thereby reducing the effectiveness of law enforcement. This study recommends reforming the criminal law that includes a clearer and more comprehensive definition as well as a stricter oversight mechanism to prevent abuse and create a more transparent and accountable legal system.
A Juridical Analysis of Data Classification under Regulation of The Minister of Communication and Digital (MoCD) Number 5 of 2025 Concerning Public Electronic System Operators for Public Sector AI Governance Indri Maria; Megawati Barthos
International Journal of Social Service and Research Vol. 6 No. 5 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i5.1404

Abstract

The use of Artificial Intelligence (AI) in the public sector offers significant improvements in bureaucratic effectiveness but simultaneously raises serious concerns regarding data privacy, security, and algorithmic bias. In response, the Ministry of Communication and Digital (MoCD) issued Regulation No. 5 of 2025 concerning Public Electronic System Operators to address these challenges. This research aims to analyze the juridical status of data classification under this regulation as a foundational element for establishing safe and ethical AI governance in the Indonesian public sector. This research employs a normative legal research method using statutory and conceptual approaches, with qualitative and prescriptive analysis of secondary legal materials, including primary and secondary legal sources. The findings reveal that MoCD Regulation No. 5 of 2025 provides legal safeguards through data classification into three categories: open data, restricted data, and confidential or closed data. These categories serve as essential parameters for AI algorithms when processing public information. The juridical analysis confirms that data classification is not merely an administrative measure but constitutes a conditio sine qua non—an absolute necessity—for mitigating the risks of data leaks and algorithmic bias in government-level AI systems. The study concludes that harmonizing this regulation with Law No. 27 of 2022 concerning Personal Data Protection, commonly referred to as the Personal Data Protection Law, is essential to creating a comprehensive legal framework that ensures AI implementation in the public sector adheres to the principles of data security, privacy protection, and digital sovereignty. This research recommends the development of detailed technical guidelines to operationalize data classification in AI systems and the alignment of consent mechanisms with the Personal Data Protection Law to address the asymmetrical power relationship between the state and citizens regarding the use of public data for AI training.
The Dynamics of Land Ownership Within the Framework of Agrarian Regulation Asynchrony and its Implications for Land Conflicts and Social Injustice in Indonesia Agusra Yendri; Megawati Barthos
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1416

Abstract

Land ownership and agrarian governance in Indonesia remain complex due to historical legacies, regulatory fragmentation, and sectoral law conflicts, resulting in recurrent land disputes and social inequities. Despite constitutional mandates emphasizing state control and the social function of land, inconsistencies between the Basic Agrarian Law (UUPA) and various sectoral regulations create legal uncertainty, overlapping authority, and unequal land distribution. This study aims to analyze the dynamics of land ownership within the framework of asynchronous agrarian regulations and to propose a harmonized model for sustainable and socially just land governance. The research employed a normative juridical approach, combining legislative and conceptual analyses of relevant laws, regulations, and academic literature. Data are collected from constitutional provisions, statutory laws, sectoral regulations, and scholarly studies, followed by thematic coding and content analysis to identify regulatory gaps, conflicts, and socio-legal implications. Triangulation ensures validity, and repeated document verification maintains reliability. Findings indicate that regulatory disharmony has contributed to structural inequality, marginalization of communities, and recurrent land conflicts, highlighting gaps in legal synchronization and enforcement of social functions of land. The study’s novelty lies in integrating vertical and horizontal regulatory analyses with prescriptive recommendations for agrarian policy reconstruction, providing a comprehensive framework to achieve legal certainty, equitable land distribution, and social justice. This research offers a theoretical and practical contribution to agrarian legal reform in Indonesia.
Purification of The Tax Court: Reconstructing A Final and Binding Arbitration Model Within an Independent Tax Law Regime Riztiar Arinta; Megawati Barthos
Jurnal Sosial Teknologi Vol. 6 No. 5 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i5.32835

Abstract

This study aims to reconstruct the ideal design of the Indonesian Tax Court through the approach of tax law as a systematic lex specialis and a self-contained regime. Current Tax Court practice, which permits Reconsideration (Peninjauan Kembali or PK) before the Supreme Court, is deemed to have transformed an extraordinary legal remedy into a conventional final tier, thereby prolonging uncertainty surrounding the State Revenue and Expenditure Budget (APBN). Through a normative legal research method employing conceptual and comparative approaches across several jurisdictions, namely the United States, Germany, the Netherlands, and Malaysia, this analysis finds that tax disputes should ideally be resolved through a mechanism similar to specialized arbitration, presided over by judges with specific taxation expertise. The results recommend a strict separation of forums: judicial review of regulatory norms should be delegated to the Constitutional Court or the Supreme Court, while disputes over facts and tax assessments should be resolved in the Tax Court on a final and binding basis without further legal remedies. The institutional transition of the Tax Court toward a one-roof system under the Supreme Court, following Constitutional Court Decision Number 26/PUU-XXI/2023, must be interpreted as momentum for the purification of judicial authority. This article offers a concrete blueprint for legislators to amend the Tax Court Law by eliminating the Reconsideration avenue and strengthening the oversight of specialized tax judge.
Reconstruction of Adolescent Health Care Provision Within The Indonesian Health Law System Ely Yulian; Suparji Ahmad; Megawati Barthos
Jurnal Sosial Teknologi Vol. 6 No. 5 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i5.32842

Abstract

Pediatric clinics often retain a child-oriented atmosphere, which frequently causes discomfort among adolescents aged 10 to 18 who are legally still considered children but are physically and psychologically approaching adulthood. Consequently, they often refuse to seek treatment at pediatric clinics, yet they cannot be served at general adult clinics until they reach the age of 18. This study aims to: (1) analyze the legal framework governing outpatient clinic services within the Indonesian healthcare system; and (2) examine the restructuring of healthcare services for adolescents approaching adulthood to ensure legal certainty and the fulfillment of health rights. This study uses normative legal research with legislative and conceptual approaches. The results indicate that the definition of childhood in healthcare services refers to Law No. 35 of 2014, which defines a child as anyone under the age of 18. However, current healthcare practices place adolescents aged 10–18 in a transitional phase that has not been adequately accommodated in terms of service comfort and appropriateness. Therefore, regulatory reform is needed through the optimization of adolescent healthcare services, including a requirement for hospitals to provide specialized outpatient clinics for adolescents, along with adjustments to medical service policies to ensure legal certainty and the fulfillment of adolescents’ health rights in Indonesia