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All Journal Jurnal Akta International Journal of Artificial Intelligence Research Jurnal Sosial dan Teknologi International Journal of Social Service and Research Jurnal Impresi Indonesia Journal of Social Research Journal Of World Science Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Sains Journal Research of Social Science, Economics, and Management Cerdika: Jurnal Ilmiah Indonesia Journal Customary Law Horizon: Indonesian Journal of Multidisciplinary Asian Journal of Social and Humanities Al-battar: Jurnal Pamungkas Hukum Cognitionis Civitatis et Politicae Journal of Multidisciplinary Sustainability Asean Rechtsnormen: Journal of Law Jurnal HAM
Faisal Santiago
Universitas Borobudur
Religion Agriculture, Biological Sciences & Forestry Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Civil Engineering, Building, Construction & Architecture 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 Neuroscience Physics Public Health Social Sciences Other

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The Legal Vacuum in Law Enforcement of Digital Currency Crimes by the Police Sapta Eka Yanto; Faisal Santiago
Journal of World Science Vol. 3 No. 12 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i12.1242

Abstract

The rapid development of digital currencies has introduced significant legal challenges, particularly concerning currency counterfeiting crimes. Existing regulations in Indonesia are often considered inadequate to address the complexities of such offenses, creating a substantial legal vacuum. This study employs a normative juridical research method with legislative and conceptual approaches to examine legal provisions and analyze the characteristics of digital currencies within the legal framework. The findings reveal critical regulatory gaps in defining and penalizing digital currency-related crimes, highlighting the urgent need for legal reforms. Key recommendations include strengthening regulatory frameworks, enhancing police investigative capabilities, and fostering cooperation between law enforcement and financial institutions. Establishing more precise legal definitions and providing specialized training for police officers are essential steps toward building a more responsive and effective law enforcement system capable of addressing digital-era crimes. These measures aim to improve legal enforcement practices and support the development of comprehensive digital currency regulations.
Restorative Justice as an Effort to Settle Traffic Accident Crime Cases I Gusti Gede Maha Andika Jaya; Faisal Santiago; Zudan Arief Fakrulloh
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 2 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1068.569 KB) | DOI: 10.58631/injurity.v2i2.29

Abstract

ABSTRACT The traffic problems occurred of traffic accidents that result in human casualties and/or property loss. Law enforcement systems development and methods in Indonesia shows a tendency to follow the development of the general justice system, especially the development of the principle of restorative justice by burdening executant with their mistakes, apologize, returning damages and losses to victims as before or resembles condition. The formulation of the problem in this study is how the traffic accident crimes can be resolved through restorative justice, what is the investigator's consideration in resolving traffic accident cases through restorative justice. From the results of the study it can be concluded that the traffic accidents can be resolved through restorative justice according to Article 236 (2) of Law No. 22 of 2009, namely only minor traffic accidents, according to Article 63 of Law Police Regulation Number 15 of 2013, which is a minor traffic accident, and based on the letter of the National Police Number 8 of 2018, which is a crime that does not cause human casualties. The investigator's consideration in resolving traffic accident cases through restorative justice is the existence of a peace agreement by both parties involved in the traffic accident. Keywords : Accident Cases
The Role of Child Criminal Justice Unit (PPA) In Handling Cases of Children Feeling with The Law at Polrestabes Semarang Lalu Hedwin Hanggara; Faisal Santiago
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 1 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v2i1.42

Abstract

The position of children in a country is the continuation of the nation's struggle. Therefore, their existence must be maintained properly from things that can damage the child's mentality. One of them is a child whose actions against the law. Many children think that this act is a normal thing, but, legally speaking, the act committed by the child is included in the category of a criminal act, one of which is beatings. This study aims to find out and analyze the implementation of diversion against children who are perpetrators of the crime of beatings in the concept of justice at the Semarang Police and the effectiveness of applying diversion to children who are involved in the crime of beatings at the Semarang Police. The approach method in this research is normative juridical. The results of the study show that the implementation of diversion against children who commit the crime of beatings in the concept of justice at Polrestabes Semarang following the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The diversion process involves all, namely the victim's family, the perpetrator's family, and the Bapas, namely through deliberations involving children and their parents/guardians, victims and/or their parents/guardians, and community counsellors, based on a restorative justice approach. The application of diversion to the child perpetrators of the Semarang Police crime is very effective in resolving criminal acts of beatings with child perpetrators. The procedure for settlement of cases becomes simpler, cheaper, and saves time through diversion. The implementation of diversion is also able to reduce the build-up of cases being handled at the Semarang Police, reducing the cost burden.
Juridical Review of the Implementation of Foreign Arbitration Awards in Indonesia in the Perspective of Constitutional Court Ruling Number 4/PUU-XXII/2024 Adhitya Anugrah Nasution; Faisal Santiago
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 6 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i6.205

Abstract

The implementation of foreign arbitration awards in Indonesia from the perspective of Constitutional Court Decision Number 4/PUU-XXII/2024 is crucial in both international and domestic legal contexts. This article provides a strong legal basis for arbitration usage in resolving cross-border business disputes in Indonesia, both domestically and internationally. The research contributes to the legal field by offering an in-depth normative juridical analysis of how unfamiliar discretion grants are executed in Indonesia. Data analysis was carried out descriptively and qualitatively. The research topic, namely, the Juridical Review of the Implementation of Foreign Arbitration Decisions in Indonesia in the Perspective of Sacred Court Choice Number 4 is analyzed using deductive methods, which entail deriving conclusions from general to specific, particularly regarding the research topic. In this specific situation, a juridical survey of the execution of unfamiliar mediation grants in Indonesia becomes vital to comprehend the effect of established Court Choice number 4 on international arbitration practices, legal certainty, and the investment environment in Indonesia.
Tax Judges' Discretion in Assessing Electronic Evidence as A Legal Loophole in Upholding Justice Based on The Principle of Judicial Independence Ari Julianto; Faisal Santiago
Jurnal Sosial Teknologi Vol. 6 No. 6 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i6.32855

Abstract

The development of information technology has encouraged the widespread use of electronic evidence in tax disputes, including proceedings before the Tax Court. Although the recognition of electronic evidence within the national legal system has been established through general legislation, these regulations have not been specifically designed to address the procedural requirements of tax law, which is characterized by strict liability and emphasizes legal certainty. This situation grants Tax Judges broad discretion in assessing the validity and evidentiary value of electronic evidence. On the one hand, such discretion is necessary to fill a normative gap; on the other hand, it has the potential to result in inconsistent judicial decisions and legal uncertainty. This study aims to critically analyze the existing normative framework, the judicial practice of assessing electronic evidence, and the implications of Tax Judges' discretion for protecting taxpayers' rights while safeguarding the state's fiscal interests. The research employs a normative legal research method using statutory, conceptual, and case-based approaches. The findings demonstrate that the absence of standardized criteria for assessing electronic evidence has caused judicial discretion to shift from an instrument for achieving justice into a legal loophole that threatens legal certainty. This study proposes an ideal framework for limiting judicial discretion by formulating normative parameters and judicial guidelines that balance the principle of judicial independence with the strict liability nature of tax law. This normative reconstruction is expected to strengthen the consistency of judicial decisions, ensure proportional justice, and enhance public trust in the tax adjudication system.
Eksistensi Putusan Mahkamah Konstitusi Nomor 135/PUU-XXII/2024 dalam Dinamika Perubahan Sistem Pemilihan Kepala Daerah di Indonesia: Perspektif Konsep Emosi Hukum Andra Bani Sagalane; Faisal Santiago
HORIZON: Indonesian Journal of Multidisciplinary Vol. 4 No. 3 (2026): HORIZON: Indonesian Journal of Multidisciplinary
Publisher : Lembaga Intelektual Muda (LIM) Maluku

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54373/hijm.v4i3.5925

Abstract

This study aims to analyze the legal implications of Constitutional Court Decision Number 135/PUU-XXII/2024 concerning the separation between National Elections and Regional Elections, as well as to examine the continuity of the decision if the Regional Head Election system is changed from direct to indirect elections. This research employs a normative juridical method with statutory, conceptual, case, and historical approaches. The analysis is conducted qualitatively through the interpretation of primary, secondary, and tertiary legal materials. This study applies the theories of Distribution of Power, Stufenbau Theory, and Shared Responsibility Theory, while also developing the Legal Emotion Concept as an analytical approach. The findings indicate that Constitutional Court Decision Number 135/PUU-XXII/2024 establishes a new construction in the form of National Elections and Regional Elections. However, its implementation potentially creates constitutional disharmony regarding the term of office of regional legislative councils and the synchronization of elections. This study also finds that the sustainability of the “Regional Election” construction highly depends on the legal political direction of lawmakers in Indonesia.
Reconstruction of Criminal Responsibility for Misinterpretation of Radiological Images in Health Services Based on Legal Certainty and Substantive Justice Yuki Mulyani; Faisal Santiago
International Journal of Social Service and Research Vol. 6 No. 7 (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.v6i7.1422

Abstract

The advancement of radiology technology has significantly transformed healthcare services through the use of digital imaging systems, Picture Archiving and Communication Systems (PACS), and teleradiology. However, the increasing complexity of radiological image interpretation has also raised legal issues, particularly regarding the determination of criminal responsibility for misinterpretation that causes patient harm. The absence of clear legal parameters distinguishing professional error, negligence, and criminal malpractice creates uncertainty for both radiologists and patients. This study aims to reconstruct the model of criminal responsibility for radiologists in cases of radiological image misinterpretation based on the principles of legal certainty and substantive justice. This research employed a normative juridical method using statutory and analytical approaches by examining criminal law regulations, health law provisions, legal doctrines, and professional standards in radiology practice. The results indicate that the current legal framework does not provide specific criteria for determining when radiological errors constitute criminal negligence. The study finds that not all diagnostic errors should be criminalized because radiology involves scientific interpretation and inherent medical risks. Therefore, criminal liability should only be imposed on cases involving gross negligence that significantly deviates from professional standards (lex artis). The reconstruction model emphasizes harmonization between criminal law and medical disciplinary mechanisms, the application of ultimum remedium principles, and the development of clearer legal guidelines. This approach is expected to ensure balanced protection for medical professionals and patients while strengthening justice and legal certainty in healthcare services
Weaknesses of Strict Liability Regulations in Environmental Crimes And Their Implications for the Effectiveness of Environmental Law Enforcement in Indonesia I Made Juni Artawan; Faisal Santiago
International Journal of Social Service and Research Vol. 6 No. 7 (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.v6i7.1425

Abstract

Environmental crimes have become a significant challenge to achieving sustainable development due to increasing industrial activities, natural resource exploitation, and environmental pollution. In Indonesia, environmental law enforcement continues to face substantial obstacles, particularly in addressing cases involving corporations and high-risk activities. Although the strict liability principle regulated under Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management is intended to strengthen accountability without requiring proof of fault, its implementation remains limited because environmental criminal provisions continue to emphasize fault-based liability under Articles 98 and 99. This study aimed to examine the weaknesses of strict liability regulations in environmental crimes and analyze their implications for the effectiveness of environmental law enforcement in Indonesia. This research employed a normative juridical method using statutory and analytical approaches by examining relevant legal provisions, legal doctrines, scientific literature, and environmental law regulations. The findings indicated that the main weaknesses of strict liability regulations included the lack of integration between strict liability provisions and environmental criminal liability mechanisms, uncertainty regarding their application in criminal proceedings, and limitations in imposing accountability on corporations for environmental damage. These weaknesses have created challenges in evidentiary processes and reduced the effectiveness of environmental law enforcement. This study concluded that regulatory reform was required to systematically integrate strict liability principles into environmental criminal law mechanisms to strengthen legal certainty, enhance corporate accountability, and promote sustainable environmental protection in Indonesia.
Problems of Air Transportation Tariff Regulation from The Perspective of Legal Certainty and Social Justice in Indonesia in The Inconsistency between Regulatory Norms and The Dynamics of The Aviation Industry Enny Kristiani; Faisal Santiago; Binsar Jon Vic S.
Asian Journal of Social and Humanities Vol. 4 No. 10 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i10.735

Abstract

As an archipelagic country consisting of thousands of islands, Indonesia relies heavily on air transportation as the backbone of national connectivity, economic integration, and equitable development. However, the regulation of air transportation tariffs faces significant challenges due to the mismatch between static regulatory norms and the highly dynamic aviation industry, which is characterized by volatile fuel prices, exchange rate fluctuations, and rising operational costs. This research aims to analyze the problems of air transportation fare regulation in Indonesia from the perspectives of legal certainty and social justice. The method used is normative juridical, with statutory and analytical approaches to Law Number 1 of 2009 concerning Aviation and its derivative regulations. The results indicate a mismatch between static regulatory norms and the highly dynamic aviation industry, resulting in legal uncertainty, weak regulatory enforcement, and limited public access to affordable fares. This condition reflects the gap between das sollen as the law as it ought to be and das sein as the law as it is, indicating the failure of regulations to achieve legal certainty and social justice. Therefore, adaptive and responsive legal reconstruction is needed to balance the interests of consumers, business actors, and the state.
Immigration Legal Politics Supporting IKN Development as a Global Economic Growth Hub Komang Trisna Diatmika; Faisal Santiago
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.457

Abstract

The development of the Indonesian Capital City (IKN) as a national strategic project is aimed not only at relocating the center of government but also at establishing a new hub of global economic growth. This article aims to analyze the role of immigration legal politics in supporting investment inflows, the mobility of foreign experts, and diaspora participation in the development of the IKN. This study employs normative legal research using a statutory and conceptual approach, examining Law Number 6 of 2011 on Immigration, Law Number 3 of 2022 in conjunction with Law Number 21 of 2023 concerning the IKN, and Regulation of the Minister of Law and Human Rights Number 22 of 2023 on Visas and Residence Permits. The findings indicate that Indonesia’s immigration policy has undergone a paradigm shift from a purely supervisory function toward a selective and incentive-based approach that supports national development objectives. Instruments such as the Golden Visa, Limited Stay Permit (ITAS), and Permanent Stay Permit (ITAP) provide legal certainty for foreign investors, professionals, and the Indonesian diaspora, thereby facilitating capital inflows, technology transfer, and global connectivity for the IKN. However, the study also identifies challenges, including the potential misuse of residence permits, regulatory overlap between central authorities and the IKN Authority, and the need to balance economic openness with the protection of national sovereignty and local labor. This article concludes that the establishment of specific and harmonized immigration regulations for the IKN is essential to ensure legal certainty, effective supervision, and policy coherence. An adaptive and selective immigration legal strategy is crucial for positioning the IKN as a sustainable, competitive, and globally integrated economic center while safeguarding Indonesia’s national interests.
Co-Authors Aan Rizalni Kurniawan Achmad Taufan Soedirjo Adhitya Anugrah Nasution Agus Fahrur Rozi Agus Supriyanto Amalia Sari Andik Puja Laksana Andin Wisnu Sudibyo Andra Bani Sagalane Ari Julianto Askolani Jasi Azis Budianto Bambang Budi Priyanto Bambang Yudianto Binsar Jon Vic S. Briando, Bobby Dany Rimawan Dedi Pulungan Endro Satoto Enny Kristiani Evita Isretno Israhadi Francisca Romana Nanik Alfiani Hanif Fonda Hari Palar Hendra Ekaputra Herman Bakir I Gusti Gede Maha Andika Jaya I Made Juni Artawan Iwansyah Iwansyah Joko Cahyono Komang Trisna Diatmika Lalu Hedwin Hanggara Leti Ratna Kusumawati M Arif Syahputra M. Saleh M. Sunandar Yuwono Mahmuddin Mahmuddin Makkamadin Aras Nai Mardonius Irawan Profianto Megawati Barthos Mohamad Adya Laksmana Sudradjat Muhammad Arief Hamdi Novi Hermawati Richard Herlambang Riza Endriyana Sapta Eka Yanto Shofa Fathiyah Sugiarto Sugiarto Suparno Suparno Supriyanto Supriyanto Surya Jaya Syahrul Qiram Taufan Zakaria Tengku Riza Zarzani N Tri Andika Syam Tubagus Rekayasa Kamal Djunaedi Wennie Melannie Yuka Dinda Permata Yuki Mulyani Zudan Arief Fakrulloh