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All Journal Syntax Idea Jurnal Syntax Transformation Edunity: Kajian Ilmu Sosial dan Pendidikan Jurnal Indonesia Sosial Sains Cerdika: Jurnal Ilmiah Indonesia Asian Journal of Social and Humanities

Suparno Suparno

Universitas Borobudur

Author-ID : 5763420

Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education 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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Analysis of Land Disputes Arising from Land Procurement Activities in the Development of Public Facilities And Infrastructure (Review of Law Number 2 of 2012 concerning Land Acquisition) Ryan Rainhard Marchello; Evita Isretno Israhadi; Suparno Suparno
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Land as a living space with all the people has a social function that must be able to maintain a balance between individual interests, social interests, and the interests of the state. Infrastructure development in the frame of public interest is closely related to land as the medium. So that land and development activities are a unit that cannot be separated from each other. The consequences of this have implications for the existence of land procurement for the public interest (land procurement for public interest) in realizing the welfare of the lives of its citizens who are just and prosperous equally as the goal of being an Indonesian state as stated in the fourth paragraph of the 1945 Constitution of the Republic of Indonesia. The study shows the implementation of land acquisition that is not by applicable legal procedures, the occurrence of maladministration and implementation errors such as lack of socialization, not involving all land rights holders, and there is no dialogue process between the parties before determining the location of the development, compensation that does not accommodate all non-physical needs of society. This error caused a dispute in the infrastructure development process because it was not by the mandate of Law Number 12 of 2012 concerning Land Procurement for Development in the Public Interest.

Policy Concept for Repatriation of Problematic Indonesian Migrant Workers (TKIB) Daniel Daniel; Suparno Suparno
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

The policy for the repatriation of Indonesian workers in certain situations is regulated by Presidential Regulation of the Republic of Indonesia Number 45 of 2013 concerning the Coordination of the Repatriation of Indonesian Migrant Workers to overcome them, but in its implementation, there are still obstacles that occur, especially in the funding sector. Nevertheless, the Government must continue to ensure the presence of TKI starting from the pre-placement stage, during placement, and after placement. This conception of employment is used as a reference for reviewing the existing legal instruments, whether they already cover these fields or not.

Agrarian Law Enforcement In Land Dispute Settlement Riza Endriyana; Faisal Santiago; Suparno Suparno
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.v4i05.834

Land ownership that is unfair to the community will offer opportunities for some parties to act undemocratically by taking land from the community. Conflict is a phenomenon that often occurs in human life, and arises from the conditions of the diversity of social systems. Conflict, no matter how it is seen, is inextricably linked with social existence. Property rights according to Article 20 paragraph (1) of the UUPA, namely hereditary, strongest, and fulfilled rights that people can own over land by considering that all land rights have a social function. The review utilizes a standardizing juridical methodology and the kind of legitimate survey is an extensive investigation of essential lawful materials, optional legitimate materials, and tertiary legitimate materials. The consequences of this exploration are the goal of land debate cases as specified in Regulation Number 51 of 1960, in Article 2 and Article 6 passage (1) letter a, that the utilization of land without consent from the legitimate individual or their lawful intermediary is a disallowed act and undermined with criminal punishments. Nonetheless, in tending to clashes and land debates that emerge, one should take a gander at it according to a few points of view while as yet focusing on equity and not hurting the two players, so it isn't just seen from the side of the inhabitant's activities yet additionally as far as the endlessly utilization of the land by the proprietor if, as far as usage, the land isn't used ideally and even appears to have been dismissed by the proprietor for roughly 15 years. Settlement of questions through consultation through intervention is followed as the way to taking care of land issues, remembering that the fundamental objective of intervention is to determine issues, apply standards or make request, yet in its execution, it should likewise be founded on broad standards

Implementation of Legal Policy in Indonesia in Handling Illegal Immigrants Tessar Bayu Setyaji; Zudan Arief Fakrulloh; Suparno Suparno
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.v4i05.813

Even though it is not a destination country, with the consequence of its geographical location, Indonesia is the final stopover for waves of asylum seekers and refugees going to the destination country, namely Australia. The presence of these illegal immigrants will raise demographic problems (population) and is related to social-economic conflicts and directly proportional to the crime rate. The fact that Indonesia is a country of transit for illegal immigrants is evident from the duration of their stay. As many as 17.50 percent of immigrant respondents stated that they lived in Indonesia for 2-4 weeks. It was that immigrants could pause for their next journey, change smuggling agents, or use transit as a separate strategy before entering Australian territory. Immigrants themselves when entering Indonesian territory must have valid documents by the laws and regulations in force in Indonesia as referred to in Article 8 paragraph (1) of Law Number 6 of 2011 concerning Immigration. Law enforcement against foreign nationals is aimed at issues of falsification of identity, lack of documents, registration of foreigners and provision of foreign control books, abuse of residence permits, illegal entry or stay illegal, expiry of stay permit, being in Indonesia outside monitoring by raids and geographic vulnerability in crossings.

Selective Policy in Handling Illegal Immigrants Kristofel Aditya Prathama Pardamean Hutauruk; Ahmad Redi; Suparno Suparno
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.v4i05.814

The weak legal position of the Indonesian state in tackling the problem of illegal immigrants has resulted in the Indonesian state no longer being a transit country for illegal immigrants from the Middle East to Australia but has become a destination country because the people in Indonesia are known to be friendly and welcoming in dealing with illegal immigrants who later became destination countries with the target of seeking political asylum, human smuggling agents deliberately made Indonesia a destination country for people smuggling. Various efforts have been made by obligated parties, such as the Police institution. The steps taken by the National Police so far have been to arrest illegal immigrants and smugglers, but the investigation process does not use the Special Law, but the Migration Law, so the results obtained do not show significant changes. After Indonesia's independence, Indonesia did not implement the previous policy, namely the "open door policy"; which is considered no longer appropriate. Therefore the Government of the Republic of Indonesia issued a new policy, namely a selective policy that allowed the entry of foreigners only according to their needs and provided benefits for the development of the State and the Government of the Republic of Indonesia.

Restorative Justice Crime Of Narcotics In The Elderly With Narcotic Evidence Bayu Sasongko; Megawati Barthos; Suparno Suparno
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.v4i05.826

The fact that there is numerous abuse of narcotics and dangerous drugs in Indonesia today is inseparable from the many modes and justifications used by these abusers in carrying out their actions. The exploration is remembered for the regularizing juridical assessment, the strategy involved by the creator as the peculiarities concentrate on that happens connected with the utilization of helpful equity in drug cases has been performed at the examination site. The results are that the Crook Code Bill has thought about the age of the more established in the criminal system, by setting the age north of 75 years for guilty parties of criminal goes about very far they are not open to confinement. In the conversation of Article 72 of the Lawbreaker Code Bill, this age limit was deferred, between the time of "north of 70 years" or "more than 75 years" for culprits of criminal goes about quite far they were not expose to detainment. This arrangement was one of the issues forthcoming at the Detailing Group Meeting (Timus), yet at the accompanying Timus Meeting concurred that "mature more than 75 years" for culprits to try not to be condemned to jail quite far (become Article 76), considering the future that the higher it is. For the elderly who are caught in drug abuse cases, consider the interests of the perpetrators who act as victims by prioritizing rehabilitation efforts as the best way to return the perpetrators to the condition they were in before committing drug abuse

Strengthening the Role of Advocates in Providing Legal Assistance to Indonesian Society Suparno Suparno; Qorib Qorib
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.v5i1.943

The role of Advocates in providing legal assistance to the community is regulated in Article 1 number 1 Chapter I of Law Number 16 of 2011 concerning Legal Aid, which states: "Legal Aid is a legal service provided by Legal Aid Providers free of charge to Legal Aid Recipients". Meanwhile, the recipients of legal aid here are impoverished people or people and Legal Aid Providers are Legal Aid Institutions or community organizations that provide legal aid services as described in Law Number 16 of 2011 concerning Legal Aid. According to Law Number 18 of 2003 Article 1 number 9, Chapter I provides the meaning that "Legal Aid is a legal service provided by Advocates free of charge to clients who cannot afford it". Legal aid can be provided to everyone without distinguishing a person's social status. This is like what exists in a legal state (rechtsstaat) where the state recognizes and protects the human rights of every individual. The state's recognition of individual rights implies inequality of standing before the law for all people. Article 28 D paragraph (1) of the 1945 Constitution reads, "Everyone has the right to recognition, guarantees, protection, and fair legal certainty as well as equal treatment before the law." Consequently, Advocates play an important role in upholding legal protection in society. Therefore, the role of Advocates must always be enhanced and supported by the government

Reconstruction of Corporate Governance Legal System with Governance, Risk Management, and Compliance (GRC) Approach Eunike Petra Rebecca Pariela; Suparno Suparno
Asian Journal of Social and Humanities Vol. 3 No. 2 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i2.443

This research aims to evaluate and propose a reconstruction of the corporate governance legal system in Indonesia using the Governance, Risk Management, and Compliance (GRC) approach to enhance governance quality and sustainability. The study identifies existing legal gaps and challenges that hinder effective GRC integration, including regulatory ambiguities, lack of stakeholder understanding, and weak enforcement mechanisms. The research adopts a normative legal method, combining legislative and analytical approaches to evaluate laws such as the Limited Liability Company Law (UU PT) and Financial Services Authority (OJK) regulations. Findings reveal that current regulations focus primarily on compliance without adequately integrating risk management and governance aspects, leading to suboptimal corporate performance. The study proposes regulatory reforms, including the introduction of specific GRC guidelines, and strategies for increasing stakeholder awareness through training and public campaigns. These measures are expected to strengthen corporate governance, enhance accountability, and foster sustainable economic growth by aligning governance practices with global standards. The research concludes that a comprehensive GRC framework is crucial for addressing legal gaps, ensuring transparency, and building resilience in Indonesia’s corporate sector.

Legal Uncertainty in the Regulation of Advocates' Immunity Rights in Law Enforcement Processes in Indonesia Runik Erwanto; Suparno Suparno
Syntax Idea 6730-6743
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v6i11.11177

This research aims to explore the legal uncertainty surrounding the regulation of advocates' immunity rights in the practice of law enforcement in Indonesia. Although Law Number 18 of 2003 concerning Advocates provides a legal basis for advocates' immunity, its implementation is often inconsistent and vulnerable to intervention. This potentially hampers advocates in performing their functions as independent legal enforcers free from pressure. This research also discusses efforts that can be made to create legal certainty regarding advocates' immunity rights, including the formulation of clear regulations, education for stakeholders, and strengthening the role of advocates’ associations. By increasing understanding and respect for advocates' immunity rights, it is hoped that a safer and fairer environment for advocates to carry out their profession will be created, thus supporting the rule of law in Indonesia

Uncertainty of Law Regarding Restitution as Legal Protection for Child Victims of Sexual Violence Merry Aryanti; Suparno Suparno
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.v4i12.2319

This study examines the legal uncertainty related to the implementation of restitution as a form of legal protection for child victims of sexual violence. The issues raised include unclear regulations, complicated administrative procedures, and lack of support from law enforcement officers in the process of submitting and fulfilling restitution. These conditions often prevent victims from obtaining compensation that is their right according to court decisions that have permanent legal force. This study aims to analyze the legal uncertainty related to the implementation of restitution for child victims of sexual violence in Indonesia, identify obstacles in its implementation, and provide recommendations for improving the existing legal system to create better legal certainty. This study uses a normative legal method with a statute approach and a case approach. The results of the study indicate that legal uncertainty regarding restitution for child victims of sexual violence is caused by ambiguous regulations, inconsistencies between applicable regulations, and complicated administrative procedures. Support from law enforcement officers, especially public prosecutors, is often less than optimal in facilitating restitution applications by victims. In addition, limited socialization regarding victim rights exacerbates uncertainty in the implementation of the law. This study provides theoretical and practical implications in the development of criminal law and child protection. Theoretically, this study enriches the criminal law literature related to victims' rights and the implementation of restitution. Practically, the results of this study can be a reference for policy makers in formulating clearer and more implementable regulations. The proposed recommendations include simplifying administrative procedures, strengthening the role of prosecutors, and increasing the socialization of victims' rights to create a more responsive and equitable legal system.

Co-Authors Ahmad Redi Bayu Sasongko Daniel Daniel Enny Kristiani Eunike Petra Rebecca Pariela Evita Isretno Israhadi Faisal Santiago Kristofel Aditya Prathama Pardamean Hutauruk Megawati Barthos Merry Aryanti Qorib Qorib Riza Endriyana Runik Erwanto Ryan Rainhard Marchello Tessar Bayu Setyaji Zudan Arief Fakrulloh

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