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All Journal International Journal of Artificial Intelligence Research Jurnal HAM Journal of Social Research Journal Of World Science Jurnal Locus Penelitian dan Pengabdian Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science Jurnal Indonesia Sosial Sains Journal Research of Social Science, Economics, and Management Cerdika: Jurnal Ilmiah Indonesia
Faisal Santiago
Universitas Borobudur
Aerospace Engineering Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Neuroscience Physics Public Health Social Sciences

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Legal Policy on Gambling Crime Dany Rimawan; Faisal Santiago; Azis Budianto
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (75.976 KB) | DOI: 10.57096/edunity.v1i05.32

Abstract

Gambling is a form of social pathology that poses a real and potential threat to social norms so that it threatens social order. Thus, it will greatly impact on national development with material-spiritual aspects which must therefore be addressed in a rational way. One of these rational efforts is the policy approach to criminal law enforcement regulated in the Criminal Code (KUHP) in accordance with the amendments by Law no. 7 of 1974 concerning the regulation of gambling. However, the policy formulation of laws and regulations has several weaknesses. At the applicative stage, the judge is not free to determine the types of criminal sanctions that will be imposed on the perpetrators of gambling crimes. This is due to the general minimum system and the general maximum system adopted by the Criminal Code, so that any type of criminal sanctions contained in the law must be applied by judges. Policies for dealing with gambling crimes in the future must still be carried out by means of a penalty. Policy formulation of criminal law must be more optimal and able to reach the development of criminal acts of gambling with advanced technology.
Law Enforcement Against Cybercrime in Online Activities Novi Hermawati; Faisal Santiago
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (80.15 KB) | DOI: 10.57096/edunity.v1i05.33

Abstract

The development of information and communication technology makes the relationship between individuals and groups with the world not limited to existing norms so that it can cause a change in all fields. The changes also have a major impact on the transformation of values in society. It occurs not only positive but also negative consequences. Information and communication technology used for crime is known as cybercrime. Cybercrime has been confirmed to be adverse to the worldwide community, at the same time as efforts to get rid of cybercrime are nevertheless hampered through numerous factors, therefore, a crook regulation coverage is wanted towards cybercrime crimes. This paper discusses two problems, namely, first, how to enforce the law against cybercrime in the legislation in Indonesia, and second, how the strategy for eradicating cybercrime is formulated in the Law on Information and Electronic Transactions. Law enforcement against cybercrime is performed through criminal and non-criminal policies. Meanwhile, to eradicate cybercrime, it is necessary to prepare appropriate laws and provide legal provisions for law enforcement officers.
Reconstruction of Conditional Death Penalty Norms In the Perspective of Renewing Indonesian Criminal Law Joko Cahyono; Faisal Santiago
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (4122.791 KB) | DOI: 10.57096/edunity.v1i05.35

Abstract

Penal reform is something that must be done as a form of adjustment to applicable law with changes in values, times, technology, national and international insights. Death penalty in Indonesia also needs to be updated to adjust these developments, especially in the adjustment of the values adopted by the Indonesian people. This study aims to determine the policy on conditional death penalty formulation in the law currently in force in Indonesia, and analyze the policy formulation of the ideals of conditional death penalty in Indonesia. This research uses a qualitative method with a normative approach. This research results in the fact that the law in Indonesia has not yet regulated the conditional death sentence, so there is still a conflict between those who want to abolish capital punishment and those who want to continue implementing capital punishment. Conditional death penalty is needed as a middle ground between the two groups. Conditional death penalty is also needed as an evaluatif process for prisoners in serving their sentences and respecting human rights in accordance with national and international perspectives
Termination Of Employment Relationship Based On Law Regulation Number 11 Of 2020 Concerning Employment Creation Syahrul Qiram; Faisal Santiago
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.638 KB) | DOI: 10.57096/edunity.v1i05.36

Abstract

The study aims to examine/analyze legal protection for workers/laborers for termination of employment (PHK) due to Force Majeure experienced by the company. The research method used in this proceeding uses normative juridical research methods, namely research that is focused on examining the application of norms or norms in normative law, namely an approach that uses the positivist conception of legis. This concept views law as identical to written norms made and promulgated by authorized institutions or officials. The conception views law as a normative system that is independent, closed, and detached from the real life of society. Based on the research results about Termination of Employment (PHK) due to Force Majuere from the Covid-19 Virus pandemic, many private companies have used it so many have terminated their work relationships so that workers/laborers lose their daily livelihood for themselves and their families. The need for legal protection for the rights of workers/ laborers affected by layoffs is clarified to provide legal certainty. So that there will be no more Termination of Employment experienced by workers/laborers, and also employers take the opportunity to cheat in this situation.
Criminal Act of Corruption Abuse of Authority Of Office (Analysis of Decree No.16 Pid.Sus-Tpk/2018/Pn.Jkt.Pst) Dedi Pulungan; Boy Nurdin; Faisal Santiago
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (535.398 KB) | DOI: 10.57096/edunity.v1i05.44

Abstract

Corruption in government bodies carried out by bureaucratic machines that are seen is only corruption with a state loss of more than 1 (one) billion, while below one billion is rarely found, because the focus of eradicating corruption is indeed worth 1 billion and above and mostly involves "extraordinary" people. In fact, there are many modes that the ministry is currently preparing when asking the House for a budget. For example, break down a budget package into smaller amounts, but increase the number of packages. This research uses normative juridical legal research methods, namely an approach that includes legal research on legal principles, legal systems, and the level of vertical and horizontal synchronization. Corruption continues to occur, whether in the executive, legislative, or judicial institutions, even among businessmen, all of which are interrelated to facilitate all matters to be achieved. Corruption still occurs and almost every day news of corruption is always published in the news both in print, electronic media and others
Regulation on Abortion Without a Medical Diagnosis in the Law of Crimes Performed By Medical Personnel Leti Ratna Kusumawati; Boy Nurdin; Faisal Santiago
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.05 KB) | DOI: 10.57096/edunity.v1i05.49

Abstract

Promiscuity among the public, teenagers, and the rise of prostitution today. This in turn encourages certain people who tend to have an abortion by carrying out illegal abortions as a solution to eliminating disgrace. The rise of the practice of abortion at this time seems to be a social phenomenon that is difficult to solve. From year to year, the number of people who practice abortion is increasing and of course, this is a reflection for all parties to be able to find the best solution in resolving abortion cases. Indonesia is regulated by Article 299, Article 346, Article 347, Article 348, and Article 349 of the Criminal Code. In addition to the Criminal Code, it has also been regulated in the Republic of Indonesia Law Number 36 of 2009 concerning Health which also regulates the crime of abortion contained in Article 75, Article 76, and Article 77. For perpetrators of illegal abortion, it is regulated in Article 194 RI Law Number 36 the Year 2009 concerning Health. Clearer terms and conditions regarding the implementation of permitted abortions are contained in Article 76 of Law Number 36 of 2009 concerning Health. The law (criminal) in viewing the practice of abortion can be seen from three articles, namely articles 346, 347, and 348 of the Criminal Code. If the practice of abortion is carried out by a doctor or other health worker, such as a midwife, the criminal liability is aggravated and can be increased by a third of the criminal threat contained in each proven article. And the right to carry out a search can be revoked, in casu SIP or STR, the doctor is the heart of the medical practice
Pengembangan Kecakapan Hidup Warga Binaan di dalam Lembaga Pemasyarakatan melalui Bimbingan Kerja sebagai Bentuk Pemenuhan Hak Asasi Manusia Hendra Ekaputra; Faisal Santiago
Jurnal HAM Vol 11, No 3 (2020): December Edition
Publisher : Badan Penelitian dan Pengembangan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1309.32 KB) | DOI: 10.30641/ham.2020.11.431-444

Abstract

Lembaga Pemasyarakatan memiliki tugas dan fungsi melakukan pembinaan terhadap warga binaan yang bertujuan mencegah terjadinya tindak pidana, memulihkan keseimbangan, dan menyelesaikan konflik, serta memperbaiki warga binaan agar nantinya mampu berbaur dengan masyarakat. Lembaga Pemasyarakatan perlu melaksanakan sistem pemasyarakatan yang berorientasi terhadap pembinaan. Dalam hukum hak asasi manusia, pembinaan kepribadian dan kemandirian warga binaan pemasyarakatan adalah upaya pemenuhan hak asasi manusia yakni hak untuk memperoleh pendidikan dan kesempatan pengembangan diri. Pada penelitian ini membahas kajian terhadap pertanyaan (1) bagaimana peraturan perundangan yang mengatur tentang penyelenggaraan pelatihan kerja dan keterampilan bagi warga binaan pemasyarakatan; (2) bagaimana peraturan perundangan dapat memberikan jaminan hukum terhadap pelaksanaan pelatihan kerja dan keterampilan warga binaan pemasyarakatan sebagai bentuk pemenuhan hak asasi manusia. Jenis penelitian ini adalah yuridis empiris, yaitu penelitian terhadap kajian ketentuan hukum yang berlaku serta apa yang terjadi dalam kenyataanya pada masyarakat. perlu diketahui bahwa dari perautran-peraturan yang ada, pembinaan yang dilakukan oleh lembaga pemasyarakatan berorientasi terhadap pembinaan warga binaan guna memperbaiki pribadinya sehingga tidak mengulangi lagi tindak pidana yang pernah dilakukannnya dan dapat melanjutkan hidup serta membangun hidupnya kembali untuk memperoleh hidup yang sejahtera dan dapat hidup berdampingan dengan masyarakat lainnya.
Navigating the Intersection of Business Competition and Islamic Law: A Legal Study Faisal Santiago
International Journal of Artificial Intelligence Research Vol 6, No 1.1 (2022)
Publisher : International Journal of Artificial Intelligence Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v6i1.1.903

Abstract

This research is based on the need to understand the regulation of business competition in the context of Islamic law, which is an essential aspect in building a just and sustainable economic system in countries with a majority Muslim population. The idea of this article is based on a misguided understanding of business regulations based only on conventional legal practices. At the same time, Islamic law regulates matters related to business competition. Scientific contributions pertain to the discussion of how commercial competition laws should be applied in the context of Islamic law in the modern era. The conclusion drawn from this paper is that it requires criminal provisions and procedures for their implementation. The KPPU institution is also given the authority to confiscate and handle cases. So far, business competition regulations have created a harmful misperception between law enforcers and KPPU as business competition supervisors.
Agrarian Law Enforcement In Land Dispute Settlement Riza Endriyana; Faisal Santiago; 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; Herman Bakir; Faisal Santiago
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
Co-Authors Aan Rizalni Kurniawan Achmad Taufan Soedirjo Agus Fahrur Rozi Agus Supriyanto Andik Puja Laksana Askolani Jasi Azis Budianto Bambang Budi Priyanto Dany Rimawan Dedi Pulungan Endro Satoto Evita Isretno Israhadi Francisca Romana Nanik Alfiani Hari Palar Hendra Ekaputra Herman Bakir Joko Cahyono Leti Ratna Kusumawati Mahmuddin Mahmuddin Megawati Barthos Mohamad Adya Laksmana Sudradjat Novi Hermawati Risti Saka Riza Endriyana Sapta Eka Yanto Shofa Fathiyah Suparno Suparno Surya Jaya Syahrul Qiram Taufan Zakaria Tengku Riza Zarzani N Tubagus Rekayasa Kamal Djunaedi Wennie Melannie Zudan Arief Fakrulloh