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All Journal International Journal of Artificial Intelligence Research Jurnal HAM Journal of Social Research 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
Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Public Health Social Sciences

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Implementation Of Restorative Justice As A Justice Law Enforcement In Indonesia Agus Supriyanto; Faisal Santiago; Megawati Barthos
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.
Legal Consequences of Bankruptcy for Creditors Holding Mortgage Rights and Execution Parate Aan Rizalni Kurniawan; Faisal Santiago; Evita Isretno Israhadi
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 Askolani Jasi; Megawati Barthos; Faisal Santiago
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.
Implementation of Investigations and Investigations in Revealing Criminal Acts of Premeditated Murder Agus Fahrur Rozi; Faisal Santiago; Megawati Barthos
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.
Reform of Corruption Criminal Law: a Study of Corruptor Asset Application Law in Indonesia Achmad Taufan Soedirjo; Faisal Santiago; Surya Jaya
Journal of Social Research Vol. 2 No. 9 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i9.1346

Abstract

The development of a new criminal law system in Indonesia still aims to reveal the crimes committed, find the perpetrators, and punish them with criminal sanctions, especially "corporate punishment", which includes imprisonment and the death penalty. Meanwhile, the issue of international law development, such as the issue of confiscation of proceeds of crime and tools of crime2, has not become an important component in the Indonesian criminal law system. The purpose of this study is to determine the extent to which the reform of corruption criminal law can be carried out, especially in terms of asset forfeiture of corruptors. The research method used is normative research with a legal approach and conceptual approach. The reform of corruption criminal law must provide a clear definition of asset forfeiture of corruptors. The definition must include various types of assets, both tangible and intangible, which are illegally obtained through acts of corruption. The research method used is normative research with a legal approach and conceptual approach. The results of the discussion show that the reform of corruption criminal law regarding the seizure of corrupt assets can strengthen corruption eradication efforts and improve the existing seizure mechanism. The legal reforms carried out include Law Number 31 of 1999 concerning Eradication of Corruption (PTPK Law); Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (TPPU Law); Presidential Instruction Number 3 of 2018 concerning Increasing the Role and Optimizing Community Participation in Corruption Eradication; Government Regulation Number 13 of 2021 concerning Procedures for Forfeiture of Corruption Proceeds.
Legal Protection for Persons with Disabilities in Specific Time Working Agreements Mohamad Adya Laksmana Sudradjat; Faisal Santiago
Journal of Social Research Vol. 2 No. 9 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i9.1359

Abstract

Law Number 8 of 2016 concerning Persons with Disabilities, explains that persons with disabilities are any person who experiences physical, intellectual, mental, and/or sensory limitations in interacting with the environment and other citizens experiencing obstacles and difficulties to participate fully and effectively. In the employment relationship between the company and the workforce, in this case, the problem solver is a promise of work. The work agreement is the basis for the formation of a working relationship. An employment agreement is valid if it fulfills the legal requirements of the agreement and the legal principles of the engagement. In the event that it is made in writing, it must pay attention to the applicable laws and regulations, for example, it regulates work agreements for a certain time. Fixed time work agreement. The problem is how is the legal protection for persons with disabilities in a work agreement for a certain time? Normative juridical and empirical juridical research methods. The perfection is that legal protection for people with disabilities in work agreements for a certain time is adjusted to the needs of the company which is carried out through requirements that have been stipulated in a separate decree, while still observing the applicable company laws and regulations and company laws and regulations. This can be seen from the lack of employee disturbance, such as at PT. Pupuk Indonesia the number of disruptive employees is 24 people, in terms of facilities PT. Pupuk Indonesia has prepared additional facilities for disruptive employees.
The role of the Corruption Eradication Commission (CEC) in carrying out its functions and authorities to eradicate corruption Bambang Budi Priyanto; Faisal Santiago; Zudan Arief Fakrulloh
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.
Obstacles and Solutions in Law Enforcement Against the Crime of Electronic Data and Information Falsification Faisal Santiago; Endro Satoto
Jurnal Indonesia Sosial Sains Vol. 5 No. 01 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i1.937

Abstract

The criminal act of falsifying data via the internet is included in the category of cybercrime and still faces obstacles in law enforcement. The formulation of the problem in this research is about the factors that cause criminal acts of falsifying information data and electronic transactions, law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions, as well as the obstacles faced in law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions, and how to overcome them. The author uses an empirical juridical approach, using primary and secondary data. Data analysis uses qualitative analysis. The research results show that: Law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions is divided into three, namely preemptive, preventive, and repressive. The obstacles faced in law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions are divided into internal obstacles, namely the limited number of investigators, high operational costs, and lack of optimal coordination between the police and other related parties. Meanwhile, external obstacles include the lack of evidence obtained from the victim, the majority of witnesses not knowing who the person was, when, what they were using, and the reason the account was created, and a lack of legal awareness from the public.
Efforts to Protect Victims of Domestic Violence in Divorce Cases in Court Shofa Fathiyah; Faisal Santiago
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.
The Important Role Of Artificial Intelligence Regulation In Protecting Public Interest Francisca Romana Nanik Alfiani; Faisal Santiago
Journal Of Social Science (JoSS) Vol 3 No 7 (2024): JOSS : Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i7.339

Abstract

Artificial intelligence provides both good and evil. For this reason, artificial intelligence must be regulated to protect the public interest. The research results show that regulating artificial intelligence is not easy, it is very complicated, and there are many challenges, especially as the development of artificial intelligence technology is very rapid while the law is slow to anticipate it. By 2022, globally, there will be 37 regulations governing artificial intelligence. From the results of the comparison of various best practices and regulations from other countries leading in the field of artificial intelligence, such as the European Union, China, and the United States framework approach, it can be used as input for developing artificial intelligence regulations in Indonesia that guarantee the use of artificial intelligence responsibly, respecting values. humanity, and does not hinder the creation of an artificial intelligence development ecosystem.
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 Hendra Ekaputra Herman Bakir Joko Cahyono Leti Ratna Kusumawati Mahmuddin Mahmuddin Megawati Barthos Mohamad Adya Laksmana Sudradjat Novi Hermawati Riza Endriyana Shofa Fathiyah Suparno Suparno Surya Jaya Syahrul Qiram Tengku Riza Zarzani N Zudan Arief Fakrulloh