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Legal Transformation in Limiting Human Rights in the Dilemma of Preventing Nepotism and Corruption Andik Puja Laksana; Faisal Santiago
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 12 (2024): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i12.2316

Abstract

Legal transformation in restricting human rights (HR) has become a crucial issue in efforts to prevent nepotism and corruption. This phenomenon creates a dilemma between maintaining government integrity and protecting human resources, such as the right to freedom of politics, expression, and work. This study aims to explore how the law in Indonesia has changed in restricting human resources to prevent nepotism and corrupt practices and analyze whether these restrictions are in line with the principles of justice and proportionality. The research method used is normative law, with a legislative approach and case studies. Secondary data were collected through analysis of laws, regulations, and court documents related to corruption and nepotism. The research findings show that legal transformation in Indonesia has resulted in stricter regulations on conflicts of interest; however, in some cases, restrictions on HR are considered excessive, leading to potential violations of individual rights. In conclusion, although there is a need to control nepotism and corruption, it is important for the government to ensure that HR restrictions remain proportional and in line with international standards. The implication of this study is the need for more comprehensive, transparent, and accountable legal reform. The government needs to ensure that any anti-corruption regulations that restrict human rights are based on clear needs and are closely monitored to prevent abuse of power. Public involvement in oversight should also be increased to strengthen legal legitimacy and public trust.
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.
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 Wennie Melannie; Faisal Santiago
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 7 (2024): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i7.277

Abstract

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.
Discrepancy in Public Administration Services Due to Vacancy in Regional Head Positions Tubagus Rekayasa Kamal Djunaedi; Faisal Santiago
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 11 (2024): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i11.334

Abstract

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.