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All Journal Jurnal Akta 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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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.
Reconstructing Consumer Protection through Product Liability Reform from a Tort Law Perspective Faisal Santiago; Amalia Sari; M. Saleh; Makkamadin Aras Nai
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.51428

Abstract

This study aims to examine and reconstruct Indonesia’s product liability regulations from a Tort Law Perspective in order to strengthen effective consumer protection in contemporary commerce. The research is grounded in the problem that existing regulatory frameworks, particularly those contained in the Civil Code and Law Number 8 of 1999 concerning Consumer Protection, remain general in character and predominantly fault-oriented, thereby limiting consumers’ ability to obtain compensation for losses caused by defective products. Such a framework is increasingly inadequate in responding to complex distribution chains, digital transactions, and modern market risks. This study employs a normative juridical method using statutory and conceptual approaches. The statutory approach analyzes relevant legislative provisions through systematic and teleological interpretation, while the conceptual approach examines core tort doctrines such as strict liability, vicarious liability, and duty of care within comparative legal discourse. The novelty of this research lies in its systematic reconstruction model that integrates modern tort principles into Indonesia’s product liability regime, moving beyond a purely fault-based paradigm toward a risk-allocation and consumer-oriented framework. The findings demonstrate that incorporating strict liability standards, expanding accountability through vicarious liability, and reinforcing duty of care obligations would create a more balanced, preventive, and justice-oriented liability system. Such reform is essential to enhance legal certainty, improve access to remedies for consumers, and harmonize national regulations with global developments in tort law.
Current Study Concerning Parental Authority to Educate Children Reviewed Against the Provisions of the Child Protection Law in the Modern Era Taufan Zakaria; Faisal Santiago
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1638

Abstract

This research examines the current authority of parents in educating children, with a focus on the provisions of the Child Protection Law in the modern era. The research method was carried out through text analysis and literature studies related to legal provisions relating to the role of parents in educating children. At the discussion stage, the research identified the dynamics of parental authority involving aspects of children's freedom, human rights, and socio-cultural changes in the modern era. This study examines the concepts of appropriateness and relevance of the provisions of the Child Protection Law in accommodating the needs and rights of children to receive a balanced and quality education. Article 1 paragraph (1) of the Child Protection Law (No. 35 of 2014) states that children have the right to protection, care, and self-development so that they can live, grow, and develop optimally. The research results show that a deep understanding of these articles is crucial for maintaining a balance between children's rights and parental authority in the dynamic modern era. This research contributes to legal and educational literature, by presenting the latest views regarding the role of parents in educating children amidst the changing dynamics of modern society. Practical implications include recommendations for improving understanding and implementation of legal provisions, as well as educational approaches that support children's participation in their educational process.
Challenges and Prospects for Replacement Money in Addressing Corruption Crimes in the Indonesian Corporate World Hari Palar; Faisal Santiago
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1639

Abstract

This research examines the challenges and prospects of implementing replacement money in tackling criminal acts of corruption in the Indonesian corporate world. The research method was carried out through a normative juridical approach by analyzing related laws, case studies, and interviews with legal and business practitioners. The discussion begins by exploring the legal context, especially Article 18B of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001. The results of the research show that the application of replacement money as a legal instrument has significant prospects in providing a deterrent effect. and recover state losses. However, challenges arise in implementation practices, especially regarding the availability of accurate financial data and the company's ability to pay replacement money. Article 18B which provides the legal basis for the application of replacement money also requires further clarification to ensure consistency and effectiveness in handling corruption cases in the corporate world. The research results show that although replacement money has prospects in overcoming criminal acts of corruption in the business sector, additional steps are needed to increase its effectiveness. Recommendations include increasing cooperation between law enforcement agencies and companies, as well as expanding the scope of regulations to cover more aspects of business practices that have the potential to become a venue for corrupt practices. This research contributes to detailing the challenges and prospects for implementing replacement money as a legal instrument in the context of criminal acts of corruption in the Indonesian corporate world.
Optimizing the Recruitment Process of Constitutional Judges to Enforce Independence and Legal Justice in Indonesia Achmad Taufan Soedirjo; Faisal Santiago
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1651

Abstract

This research aims to analyze and propose optimizing the recruitment process for Constitutional Judges in Indonesia to uphold independence and legal justice. The research method used is the normative juridical method, which emphasizes the analysis of legal norms related to the recruitment process for Constitutional Judges. The discussion involves an in-depth review of relevant statutory articles, such as the 1945 Constitution of the Republic of Indonesia, the Constitutional Court Law, and other implementing regulations. In the discussion process, it was discovered that there was a need for increased transparency, public participation, and stricter selection criteria to ensure the integrity of Constitutional Judges. Certain articles, such as Article 24B of the 1945 Constitution, underline the importance of maintaining the independence of Constitutional Judges as guardians of the Constitution. The results of this discussion state that reforms in the recruitment process need to be carried out to ensure that the selected judges have high capacity and integrity. This research concludes that by optimizing the recruitment process for Constitutional Judges, the independence of the institution can be strengthened, as well as increasing public confidence in legal justice. It is hoped that increasing transparency and public participation can produce Constitutional Judges who can maintain justice and the sustainability of the Indonesian legal system.
Co-Authors Aan Rizalni Kurniawan Achmad Taufan Soedirjo Agus Fahrur Rozi Agus Supriyanto Amalia Sari 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 M. Saleh Mahmuddin Mahmuddin Makkamadin Aras Nai Megawati Barthos Mohamad Adya Laksmana Sudradjat Novi Hermawati Riza Endriyana Shofa Fathiyah Suparno Suparno Surya Jaya Syahrul Qiram Taufan Zakaria Tengku Riza Zarzani N Tubagus Rekayasa Kamal Djunaedi Wennie Melannie Zudan Arief Fakrulloh