Claim Missing Document
Check
Articles

Found 20 Documents
Search

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.
Reform and Reconstruction of Law No. 20 of 2003 on The National Education System Toward A New Paradigm for National Education Thomas Suyatno; Suparno Suparno
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.v6i6.32854

Abstract

This study aims to analyze the need for reform and reconstruction of Law Number 20 of 2003 concerning the National Education System in order to realize a new paradigm of national education that is adaptive to current developments. This research is motivated by the gap between the legal norms in the 1945 Constitution of the Republic of Indonesia and the implementation of education in the field. The method used is a qualitative approach with a normative juridical research type combined with a socio-legal approach through literature study. The results of the study indicate that the national education system still faces various problems, such as inequality in access to and quality of education, suboptimal budget management, discrimination between public and private educational institutions, and a dichotomy between general and religious education. Furthermore, existing regulations are deemed unable to accommodate the principles of modern education that are inclusive, flexible, and oriented toward lifelong learning, especially in facing the era of digital transformation and artificial intelligence. Therefore, reform and reconstruction of the national education system are needed through regulatory updates, strengthening governance, and changing the educational paradigm to be oriented toward developing 21st-century competencies. This research is expected to contribute to the development of a more responsive and sustainable national education policy.
The Challenges of Enforcing the Police Code of Ethics in the Ethical Tribunal Procedures for Police Officers Donny Widianto; Suparno Suparno
Cognitionis Civitatis et Politicae Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i6.1832

Abstract

Police code of ethics law enforcement is a crucial aspect in creating a police institution that is professional, accountable, and trusted by the public. This article discusses the problems faced in the procedure for the code of ethics trial for Polri members, with a focus on the law enforcement mechanism for violations of the professional code of ethics in the police. Although there is a clear regulatory framework, including Police Regulation Number 7 of 2022, the implementation of the code of ethics trial is often marred by a lack of transparency and accountability. The trial, which is carried out behind closed doors, results in public distrust of the integrity of the law enforcement process. In addition, the sanctions imposed are often considered disproportionate to the severity of the violation, creating the impression that violators can avoid more severe consequences. This study also highlights other issues that arise, such as the overlap between the code of ethics trial process and criminal justice, as well as the neglect of victims' rights in the legal process. By analyzing these problems, this study provides an effort for the necessary reforms in the Polri Code of ethics and law enforcement mechanism to ensure justice and accountability and increase public trust in the police institution.
Legal Analysis Regarding the Use of Artificial Intelligence (AI) in the Implementation of Medical Practice in Indonesia Saputra Malik; Suparno Suparno
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.v1i5.1752

Abstract

Background. Health is a fundamental human need, alongside clothing, food, and shelter. A healthy life is essential for individuals to carry out daily activities, and without health, life becomes meaningless. The integration of Artificial Intelligence (AI) in healthcare offers solutions and enhances modern medical services. However, the use of AI in healthcare also raises concerns and potential risks. Purpose. This study aims to determine the legal protection available to patients in the use of AI and analyze the legal liability of doctors in employing AI technologies in medical practices. Method. This research adopts a normative juridical method, focusing on secondary data, including primary, secondary, and tertiary legal materials. The study examines legal frameworks and regulations to explore the aspects of patient protection and the liability of healthcare professionals using AI. Results. The study identifies two forms of legal protection for patients: preventive and repressive. Preventive protection includes ensuring the security of patient data before it is uploaded to AI systems, safeguarding privacy and data integrity. Repressive protection applies if a patient suffers harm due to AI usage; in such cases, patients can report the issue to authorities in accordance with relevant laws and regulations. The study also discusses the legal responsibility of both doctors and AI developers. Doctors using AI in treatment can be held liable if their use of AI results in harm to patients. Similarly, AI developers or creators can also be held legally accountable if their AI technology negatively impacts patient care. Legal liabilities could include criminal, civil, or administrative responsibility. Conclusion. AI plays a significant role in modern healthcare but also presents challenges regarding patient protection and professional liability. Clear legal protections, including preventive measures to secure patient data and repressive actions for harm, are essential. Both healthcare providers using AI and AI developers must be held accountable for any adverse outcomes, ensuring patient safety and trust in the healthcare system.
The Legal Vacuum of Labor Protection for Freelancers in the Technology Sector Azhari Sauqi; Suparno Suparno
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i6.1828

Abstract

Background. The rapid growth of the technology sector has created numerous new job opportunities, especially for freelancers. However, alongside the flexibility it offers, there exists a significant legal vacuum in labor protection for workers in this sector. Freelancers are often not recognized as “workers” under the law, resulting in a lack of protection such as social security, health insurance, pension benefits, and other employment rights. This regulatory gap creates vulnerabilities for workers concerning income uncertainty, exploitation, and work-related stress. This article discusses the legal vacuum and its impact on the physical, mental, and social well-being of freelancers in the technology sector, as well as proposing necessary steps to create more inclusive labor protection. More adaptive and comprehensive policy changes are required to address the challenges faced by freelancers in this digital economy era. Purpose. The growing gig economy, particularly in technology, has brought forward new forms of employment. However, these freelance roles often fall outside traditional labor laws, leading to gaps in protections and rights. Method. A qualitative analysis was conducted through interviews with freelancers and legal experts, along with a review of existing labor laws. Results. Freelancers face significant vulnerabilities, including lack of health insurance and pension benefits, leading to increased financial instability and work-related stress. Conclusion. A comprehensive overhaul of labor laws is necessary to protect freelancers, ensuring they have access to benefits such as health insurance, pension plans, and social security.
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

Abstract

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.