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All Journal Syntax Idea Jurnal Sosial dan Teknologi Jurnal Impresi Indonesia 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 Journal of Multidisciplinary Sustainability Asean International Conference on Social Science
Azis Budianto
Universitas Borobudur
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education 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 Social Sciences Other

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Regulatory Harmonization of Plea Bargaining for Petty Corruption in Indonesia’s Criminal Justice System Eben Patar Opsunggu; Azis Budianto
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.v2i3.450

Abstract

The eradication of corruption in Indonesia continues to face structural challenges, particularly in the handling of petty corruption cases that involve relatively small state losses but consume disproportionate law enforcement resources. This study aims to analyze the urgency, feasibility, and regulatory implications of implementing a plea bargaining mechanism as an alternative resolution model for petty corruption cases within Indonesia’s criminal justice system. Using a normative juridical method with statutory and conceptual approaches, this research examines relevant laws, including the Anti-Corruption Law, the Criminal Procedure Code (KUHAP), and the Prosecutor’s Office Law, as well as comparative practices from the United States, Italy, and the Philippines. The findings indicate that the absence of explicit legal regulation has resulted in procedural rigidity, inefficiency, and suboptimal recovery of state losses in minor corruption cases. Plea bargaining, if strictly limited and transparently regulated, has the potential to enhance legal efficiency, prioritize restitution of state losses, reduce judicial and correctional burdens, and support a more restorative justice orientation. This study concludes that regulatory harmonization through limited revisions to the Corruption Law and KUHAP, complemented by clear prosecutorial guidelines issued by the Attorney General’s Office, is essential to ensure accountability, legal certainty, and public trust. Properly designed plea bargaining should be positioned not as a form of impunity, but as a strategic instrument to optimize corruption eradication while upholding substantive justice and the rule of law.
Constitutional Challenges in Formulating the National Education System Bill from the Perspective of Citizens’ Constitutional Right to Education Popy Rakhmawaty; Azis Budianto
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.v2i3.453

Abstract

Article 31 of the Republic of Indonesia's 1945 Constitution clearly guarantees the right to education. All citizens must get high-quality, just, and equal education from the state. In this regard, the National Education System Bill (RUU Sisdiknas) is being drafted as a calculated move to update the country's educational legislation, which has been regulated in various sectoral laws. This study aims to analyze the conformity of the formulation of the RUU Sisdiknas with the principle of citizens' constitutional rights to education, as well as to identify legal problems that arise in the process and substance of its formulation. With a statutory, conceptual, and comparative perspective, this study employs a normative juridical method. The analysis's findings show that while the RUU Sisdiknas makes an effort to incorporate different educational laws, there are a number of clauses that could jeopardize the right to education, especially when it comes to the removal of particular clauses pertaining to the teaching profession and basic education funding. In addition, the less participatory formulation process raises questions about the public legitimacy of the draft. Therefore, harmonization of norms is necessary to ensure that the National Education System Bill truly aligns with the constitutional mandate, human rights principles, and the state's goal of improving the nation's life.
Reforming the Limits of Discretion and Strengthening the Police Code of Ethics in Achieving Justice in Law Enforcement Donny Widianto; Azis Budianto
Jurnal Impresi Indonesia Vol. 3 No. 12 (2024): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v3i12.5731

Abstract

Effective law enforcement requires clear regulations and high accountability. However, the use of discretion by law enforcement officers often poses a dilemma in maintaining a balance between flexibility and legal certainty. This study aims to analyze the legal regulations governing police discretion and code of ethics in Indonesia and to formulate a reform model to improve justice in law enforcement. This study uses a normative legal method with a legislative and conceptual approach, which examines written legal regulations and the underlying legal concepts. Data were collected from various relevant legal and scientific literature sources. The results of the study indicate that the use of undirected discretion can create injustice and reduce public trust in law enforcement officers. Reforms are needed to limit discretion by strengthening the police code of ethics and implementing clearer legal guidelines. The implications of this study include the development of policies that are more transparent, accountable, and in accordance with the principles of social justice. This reform is expected to increase the professionalism and legitimacy of the police in the eyes of the public.
Implementation of Building Use Rights in State Land Management by Developers Supriyanto Supriyanto; Azis Budianto; Faisal Santiago
Jurnal Impresi Indonesia Vol. 3 No. 12 (2024): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v3i12.5733

Abstract

Management of state land through Building Rights (HGB) is an important issue in infrastructure development and economic investment in Indonesia. The problems faced include complex bureaucracy, conflicts of interest, and lack of supervision in the implementation of HGB. This study aims to analyze the implementation of HGB in the management of state land by developers and its impact on infrastructure development and economic growth. The research methods include literature studies and policy analysis covering regulations and best practices in the field. The results of the study indicate that effective implementation of HGB can encourage investment, create jobs, and improve access to public facilities. However, challenges such as regulatory complexity and potential conflicts of interest need to be addressed through collaboration between the government and developers. The implications of this study are the importance of implementing transparent governance, clear regulations, and legal protection to ensure sustainable and inclusive management of state land.
Legal Certainty of Telemedicine Provision in Technology-Based Health Services in Indonesia Hadi Zulkarnain; Azis Budianto
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i5.1749

Abstract

Background. Technological advances in healthcare, particularly the use of Information and Communication Technology (ICT), have led to the emergence of telemedicine, which provides remote medical and health services. This innovation has the potential to revolutionize healthcare delivery but also presents legal challenges related to its legitimacy and the protection of patient data. In Indonesia, the legal framework for telemedicine is still developing, raising questions about its legal certainty and compliance with regulations. Purpose. This study aims to analyze the legal certainty surrounding the implementation of telemedicine in technology-based health services in Indonesia, focusing on its regulatory framework and the legal protection of patient data. Method. This is a normative legal study using secondary data, analyzed descriptively. The study examines existing regulations, government policies, and case studies of telemedicine platforms in Indonesia to assess the legal status of telemedicine services. Results. The study finds that the legal certainty of telemedicine in Indonesia is not fully realized. While the theory of utilizing ICT in healthcare, such as telemedicine, is supported, practical implementation remains incomplete. Telemedicine services like Alodokter and HAlodokter exist, but their legal foundation is still lacking. The Government Regulation concerning telemedicine, mandated by Article 25, Section (5) of Law No. 17/2023 on Wellbeing, has not been issued, leaving gaps in the legal framework. Conclusion. The legal framework for telemedicine in Indonesia requires immediate development. A Government Regulation must be issued to address key issues such as business licensing, electronic signatures, doctor identity verification, and the rights and obligations of doctors and patients. This regulation will ensure that telemedicine services operate within a clear and legally secure framework.
Co-Authors Dany Rimawan Donny Widianto Eben Patar Opsunggu Edi Sarwono Ediyanto Arief Erry Ariany Faisal Santiago Hadi Zulkarnain Kimico Margaretha Tjhia Lalu Hedwin Hanggara Misbakhul Munir Popy Rakhmawaty Rineke Sara Safriansyah Yanwar Rosyadi Sarji Sarji Shri Hardjuno Wiwoho Supriyanto Supriyanto Tengku Riza Zarzani N