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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

Abstract

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
The Urgency of Personal Data Protection Agencies in Sustaining the Resilience of the Digital World Dhea Yulia Maharani; Suparno Suparno
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 5 (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.v3i6.251

Abstract

The Industrial Revolution had a significant impact on human life, demonstrated by the quick use of enormous amounts of information. The peculiarity is in this manner directed by Regulation Number 27 of 2022 concerning Individual Information Assurance (UU PDP). The legal framework and foundation for data are provided by the law and/or information exchange activities in Indonesia. Article 58 Paragraph (2) of the UU PDP mandates the establishment of an institution tasked with implementing security for individual data. Because of the powerful idea of information and additional data exchanges, there is an earnestness to lay out a foundation for individual information security. The research will focus on exploring the role and actions of the Government thus far within the framework of individual information insurance before the foundation of the individual information assurance establishment. Moreover, this concentrate likewise assesses the criticalness of laying out an individual information security establishment in keeping up with computerized world versatility. The technique utilized in this examination is regularizing juridical, explained through a rule approach.
Dynamics of Non-Litigation Law Resolution in the Juvenile Criminal Justice System Kimico Margaretha Tjhia; Suparno Suparno
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.v3i11.332

Abstract

Handling children in conflict with the law in the juvenile criminal justice system requires a more humane and restorative approach. The purpose of this study is to analyze the application of diversion in the juvenile criminal justice system and identify the challenges faced. This research uses normative legal research method with statutory approach and case analysis. The results show that although diversion has been regulated in the law, its implementation still faces various obstacles, such as lack of understanding among law enforcers, community stigma towards children, and resistance from the justice system itself. Efforts to overcome these obstacles include education and socialization to the community as well as training for law enforcers. This research underscores the importance of support from all relevant parties, including law enforcement, the community, and the child family, to ensure the success of the diversion process. Better knowledge of the purpose and benefits of diversion can reduce stigma and improve child rehabilitation. Diversion as an alternative to out-ofcourt settlement in the juvenile criminal justice system has great potential to protect children from the negative impacts of formal legal proceedings. However, challenges need to be overcome through education, training and community empowerment. Support from families and communities is critical to the successful rehabilitation and social reintegration of children in conflict with the law. With the right approach, it is expected that the implementation of diversion can be more effective in achieving restorative justice for children.
Urgency of Establishing Joint Operational Guidelines Between the Police and the National Narcotics Agency to Prevent Duplication of Efforts in Narcotics Investigation Andin Wisnu Sudibyo; Suparno Suparno
Journal Of Social Science (JoSS) Vol 4 No 6 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i6.470

Abstract

This study aims to analyze the authority of the National Police and the National Narcotics Agency (BNN) to investigate narcotics crimes, as well as the legal implications of the overlapping authority between the two institutions. Using the normative legal method and the statute approach, this study examines the provisions of Law Number 2 of 2002 concerning the Indonesian National Police and Law Number 35 of 2009 concerning Narcotics, as well as other related regulations. A conceptual approach is also applied to explore the legal theory underlying the authority of investigators and the potential for conflict of authority in investigative practices. This study found that overlapping authority can lead to legal uncertainty, human rights violations, and ineffectiveness in the investigation process. Therefore, it is necessary to harmonize regulations, establish joint operational guidelines, and strengthen coordination between the National Police and BNN to prevent conflicts of authority and increase the effectiveness of narcotics law enforcement in Indonesia.
Synergy of Administrative and Criminal Law Enforcement as an Effort to Prevent and Eradicate Corruption in Procurement of Goods and Services in Government Environment Umar Maksum; Suparno Suparno
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.v4i6.473

Abstract

Corruption in government procurement of goods and services remains a critical issue in Indonesia, undermining national development and public trust. This research examines the synergy between administrative and criminal law enforcement as a strategy to prevent and eradicate corruption in this sector. The study highlights the vulnerabilities in procurement processes, such as regulatory gaps, weak oversight, and the misuse of discretionary authority, which often lead to corrupt practices like bid rigging and fictitious procurement. The objective is to analyze the effectiveness of integrating administrative and criminal law mechanisms to create a more transparent and accountable procurement system. Using a normative juridical method, the research reviews legal frameworks, including Law No. 31 of 1999, Law No. 20 of 2001, and Presidential Regulation No. 16 of 2018, alongside secondary legal materials. The findings reveal that while Indonesia has a comprehensive legal foundation, inconsistencies in enforcement and overlapping institutional authorities hinder effectiveness. The study emphasizes the need for clear distinctions between administrative violations and criminal acts, as well as improved coordination among supervisory bodies like APIP, LKPP, and the KPK. The research concludes that a synergistic approach, combining administrative oversight as a preventive measure and criminal law as a last resort, is essential. Recommendations include harmonizing regulations, establishing joint SOPs, and enhancing training for procurement officials. These measures aim to reduce legal uncertainty and foster a corruption-free procurement environment.