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All Journal Syntax Idea Jurnal Sosial dan Teknologi Journal Of World Science Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science Return : Study of Management, Economic and Bussines Jurnal Indonesia Sosial Sains Al-battar: Jurnal Pamungkas Hukum International Conference on Social Science
Azis Budianto
Universitas Borobudur
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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.
Juridical Overview of Land Dispute Settlement Misbakhul Munir; Azis Budianto; Rineke Sara
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 (64.855 KB) | DOI: 10.57096/edunity.v1i05.46

Abstract

Along with the times, the way people view land slowly began to change. In the past, land was only considered a supporting factor for agricultural activities, but now it has been seen from a more strategic perspective, namely as an important asset in the world of industry and human life. Now a lot of lands has been used not only as a place for agricultural activities but also for industrial activities, including being used as an integrated residential complex such as housing which has recently mushroomed everywhere. Settlement of land dispute cases as regulated in Law Number 51 of 1960, in article 2 and article 6 paragraph (1) letter a, that the use of land without permission from those who are entitled or their legal proxies is a prohibited act and is threatened with criminal penalties. However, in responding to conflicts and land disputes that arise, one must look at it from several points of view while still prioritizing justice and not harming both parties, so it is not only seen from the side of the occupation, but also in terms of the utilization and use of the land by the community owner if in terms of utilization the land is not utilized optimally and even seems to have been neglected by the owner for approximately 15 years. Settlement of disputes through deliberation with mediation is taken as a path to resolving land problems, considering that the main purpose of mediation is to resolve problems, not just applying norms or creating order, but its implementation must also be based on general principles.
Legal Protection For Consumers Buying And Selling Electronic Goods With Defective Products Ediyanto Arief; Boy Nurdin; Azis Budianto
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.v4i05.823

Abstract

Abstract. The presence of Regulation Number 8 of 1999 concerning Purchaser Insurance has concentrated a little since this Regulation controls the privileges and commitments of business entertainers and customers so they are safer and are supposed to turn into a legitimate umbrella for shoppers. Consumers need to know that they have the right to get protection when dealing with sellers or producers in conducting trade transactions so that when a loss occurs on the part of the consumer caused by the seller or producer, the consumer can demand that the seller or producer be responsible for the loss suffered by the consumer. The relationship between sellers as business actors to consumers must be maintained properly. The seller also knows whether there is anything to consider before being marketed or sent to consumers regarding the feasibility of the goods. The eligibility in question is the condition of the goods by the information submitted by the seller, according to what is in the advertisement, the seller has ethics when trading his goods. At the point when a misfortune is capable by the shopper, on the off chance that the proof states whether there was a component of mistake, it stays the obligation of the merchant, as expressed in Article 28 of Regulation Number 8 of 1999 concerning Customer Security.
Conflict of Regulations in the Offering of Special Mining Business License Areas (WIUPK) Against Legal Certainty for Religious Organization-Owned Enterprises Safriansyah Yanwar Rosyadi; Azis Budianto
Syntax Idea 6710-6718
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v6i12.11294

Abstract

This study discusses policy reform in mining management in Indonesia, particularly regarding the offering of Special Mining Business License Areas (WIUPK) to Religious Organization-Owned Enterprises. Although existing regulations aim to improve governance in the mining sector, the enforcement of Article 83A in Government Regulation No. 25 of 2024 has instead resulted in ambiguity and legal uncertainty, as it is inconsistent with higher laws. This research recommends the need for regulatory revisions to create legal certainty, enhance the capacity of resource management by Religious Organizations, and adopt an inclusive approach in decision-making to ensure that mining management can be conducted responsibly and sustainably, providing optimal benefits for society and the environment
Legal Vacuums in the Submission of Notary Protocols Erry Ariany; Azis Budianto
Syntax Idea 6737-6752
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v6i12.11293

Abstract

This research discusses the legal protection of the immunity rights of advocates in the context of law enforcement in Indonesia. Advocate immunity is a legal guarantee provided to advocates to perform their duties independently and without fear of interference from others. This immunity is essential to ensure that advocates can provide effective legal defense for their clients without worrying about legal repercussions that could hinder the defense process. However, the implementation of advocate immunity rights in Indonesia still faces various challenges, including the potential for abuse of immunity and a lack of understanding among law enforcement regarding the limits of advocate immunity. In this article, the authors analyze the laws and regulations governing the rights of advocate immunity, as well as practical issues in the field related to the protection of these rights. By employing a normative approach and case analysis, this article offers recommendations to enhance legal protection of advocate immunity rights in the law enforcement process in Indonesia, alongside emphasizing the importance of education for law enforcement and the public regarding advocates' rights.
Legal Protection and Legal Certainty Given by the State to Internship Participants in Employment Relations Edi Sarwono; Azis Budianto
Journal Of Social Science (JoSS) Vol 4 No 7 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i7.471

Abstract

This study discusses the legal protection and legal certainty provided by the state to internship participants in employment relations in Indonesia. Although internships aim to improve the competence of prospective workers, their practices are misused by companies as a form of disguised employment relations without fulfilling the normative rights of participants. Through a normative legal approach and analysis of applicable laws and regulations, this study highlights the significance of strict regulations, effective supervision by the Manpower Office, and the need for policy reformulation so that the rights and positions of internship participants are truly protected by law.
Legal Protection for Micro, Small, and Medium Enterprises (MSMEs) in Receiving Capital Assistance from Venture Capital Companies Shri Hardjuno Wiwoho; Azis Budianto
Return : Study of Management, Economic and Bussines Vol. 3 No. 12 (2024): Return: Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i12.301

Abstract

The study discusses the responsibilities of venture capital companies in the context of delays in disbursing capital assistance and its impact on Micro, Small, and Medium Enterprises (MSMEs). The main focus is on the problem of default that occurs when venture capital companies fail to fulfill their obligations to disburse capital on schedule, resulting in financial losses and obstacles to business development for MSMEs. This study proposes legal reforms to improve regulations and enforcement related to venture capital company responsibilities, including setting disbursement deadlines, MSME protection mechanisms, and increasing accountability. The empirical normative research uses a combined method between legislative, case, and analytical approaches to explore and analyze legal issues comprehensively. The research finds that MSMEs engage in profit-sharing schemes with venture capital firms. In this arrangement, the venture capital company offers funds to a legal entity partner company, and the partner company reimburses the funds with predetermined rewards. These agreements are governed by the contract law provisions of the Civil Code and are updated by the Ministry of Finance Regulation. It emphasizes the significance of venture capital in addressing funding shortages for small businesses. These reforms are expected to reduce the risk of delays, ensure fair compensation for MSMEs, and support more sustainable business growth.  
The Role of the Karang Tengah Police in Creating Public Order through a Comprehensive Approach Lalu Hedwin Hanggara; Azis Budianto
Proceedings of the 1st International Conference on Social Science (ICSS) Vol. 1 No. 1 (2022): Proceedings of the 1st International Conference on Social Science (ICSS)
Publisher : Green Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/icss.v1i1.93

Abstract

Because a developing country, Indonesia is trying to keep up with the increasingly rapid technological developments. Originally it was estimated that with the development of the times, crime rates would be suppressed and crimes could be crushed because human thought was growing. But in fact, the times have contributed to increasing the quantity of crime in Indonesia, both fraud, defamation through social media, gambling and so on. One of the disputes that often occurs within the Karang Tengah Demak Polsek is the rise of fights between village youths due to a wrong use of social media which leads to fights. The approach used in this study is the sociological juridical method in connection with the role of bhabinkamtibmas in supporting security and public order. The results in this study are that the Karang Tengah Polsek in the context of maintaining community security and law enforcement based on Article 14 of Law Number 2 of 2002 concerning the National Police, namely: 1) carrying out arrangements, guarding, escorting and patrolling community and government activities as needed; 2) organize all activities to ensure security, order and smooth traffic on the road; 3) fostering the community to increase community participation, awareness of community law and adherence of community members to laws and statutory regulations; 4) participate in fostering national law; 5) maintain order and guarantee public security.
Criminal Procedure Law Reform in Indonesia as a Step Towards a Fairer and More Effective Justice System Kimico Margaretha Tjhia; Azis Budianto
Journal of World Science Vol. 4 No. 7 (2025): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v4i7.1447

Abstract

The implementation of the Criminal Procedure Law in Indonesia is a critical part of recognizing a fair criminal justice system under human rights principles. An ideal legal system should provide legal protection for every individual involved in the criminal process, whether suspect, defendant, or victim. However, in practice, there are still various challenges that hinder the implementation of Criminal Procedure Law effectively and fairly. Various problems such as inconsistent law enforcement, violations of the principle of fair trial, and limited access to justice are issues that must be addressed. This study aims to analyze the implementation of Criminal Procedure Law in Indonesia and identify the main challenges faced in realizing a fair legal system. The approach used in this study is the normative legal method with a focus on the analysis of laws and regulations and literature studies related to Criminal Procedure Law. The data used in this study consists of primary data in statutes and regulations, such as the Criminal Procedure Code (KUHAP), as well as secondary data from law journals, academic literature, and previous research results. Data collection techniques are carried out through literature studies by analyzing various relevant legal documents and academic literature. This approach aims to provide a comprehensive picture of the applicable regulations and the challenges that arise in their implementation. Through this analysis, the research is expected to contribute to the development of a fairer and more effective criminal law system in Indonesia, as well as offer concrete recommendations for relevant stakeholders.
Potential Conflict of Authority Among State High Institutions: A Study of Indonesian Constitutional Law Sarji Sarji; Azis Budianto
Jurnal Sosial Teknologi Vol. 6 No. 5 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i5.32837

Abstract

Conflict authority between body and institution tall country is consequence the logical basis for implementing the principles of separation of powers and checks and balances in the Indonesian constitutional system following the amendment to the 1945 Constitution of the Republic of Indonesia. The increasingly complex distribution of authority, accompanied by the emergence of independent institutions, has the potential to lead to overlapping authority and differences in the interpretation of constitutional norms. This study aims to analyze the construction of authority of state institutions, identify potential conflicts of authority, and examine the mechanisms for resolving them from the perspective of Indonesian constitutional law. The research method used is normative legal research with a statutory, conceptual, and case approach, through an analysis of laws and regulations, legal literature, and Constitutional Court decisions related to disputes over the authority of state institutions. The results of the study indicate that the potential for conflict of authority caused by ambiguity norm, overlapping regulations and the dynamics of legal politics in state governance practices. The Constitutional Court plays a strategic role in resolving authority disputes, but its effectiveness still faces challenges. This study offers a constitutional ambiguity approach as a basis for analysis and recommends strengthening normative clarity and harmonizing regulations to minimize authority conflicts.
Co-Authors Dany Rimawan Eben Patar Opsunggu Edi Sarwono Ediyanto Arief Erry Ariany Faisal Santiago Kimico Margaretha Tjhia Lalu Hedwin Hanggara Misbakhul Munir Popy Rakhmawaty Rineke Sara Safriansyah Yanwar Rosyadi Sarji Sarji Shri Hardjuno Wiwoho Tengku Riza Zarzani N