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Sublimitas Supra-Dogma Hukum Adat dalam Hierarkhi Kaidah-kaidah Hukum Internasional Bakir, Herman
Melayunesia Law Vol 2, No 2 (2018): Melayunesia Law
Publisher : Magister (S2) Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/ml.v2i2.6349

Abstract

This descriptive research is specifically prepared to explore the dogma of Jus Cogens regarding its status as the highest legal source of International Customary Law, registering moments that the way this doctrine is institutionalized is such status; explore the ways in which Jus Cogens is applied to solving international disputes. The approach used to approach the object under study is a juridical-dogmatic approach, an approach commonly used in Legal Dogmatic studies in general. Meanwhile, the research method used in the overall context of this research is the normative-doctrinal legal research method. This is the name for the system that will teach this research to map core issues; collect data; and, information, conduct analysis, and then draw a set of conclusions. The Results: (a) Jus Cogens is a dogma that was born and developed from International Customs Law; (b) Jus Cogens has been accepted/adopted as the Highest Norm in the tradition of International Law; and, (c) Jus Cogens has been applied for the first time in resolving disputes between Bosnia and Herzegovina v. Montenegro Serbia.
THE PURIFIATION THEORY OF JUSTICEE FUNCTIONS: JALAN MENUJU KEHIDUPAN HUKUM YANG DEMOKRATIS DAN PANCASILAISTIS Herman Bakir
Riau Law Journal Vol 2, No 2 (2018): Riau Law Journal
Publisher : Faculty of Law, Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (676.383 KB) | DOI: 10.30652/rlj.v2i2.6211

Abstract

AbstrakPenelitian eksploratis ini secara khusus dipersiapkan untuk menjawab tentang perlunya penciptaan sebuah forum pemurnian terhadap hukum positif, persisnya, sebuah model pemurnian yang diharapkan dapat menghadirkan  di tengah-tengah kita sebuah sistem hukum dengan level yang lebih tinggi lagi dalam berdemokrasi, Sistem Hukum Pancasilaistis. Pendekatan yang digunakan untuk mendekati objek yang diteliti adalah, pendekatan yang yuridis-interdisipliner, pendekatan yang lazim digunakan dalam studi-studi Teori Hukum pada umumnya. Sementara itu, metode penelitian yang digunakan pada konteks keseluruhan penelitian ini adalah metode penelitian hukum normatif-teoretikal. Inilah sebutan untuk sistem yang akan mengampu penelitian ini untuk memetakan persoalan-inti; menghimpun data; dan, informasi, melakukan analisis, untuk kemudian menarik seperangkat kesimpulan. Hasil penelitian: (a) Lahirnya teori baru dalam diskurus-diskursus hukum pada tataran teoretikal, yakni: The Purification Theory of Justice Functions. Teori ini menawarkan kita sebuah tesis yang berintikan semacam persuasi akan pentingnya forum pemurnian/santification terhadap Fungsi-fungsi Peradilan, terutama dari forum pencampuran antara fungsi peradilan itu sendiri dengan, atau, terhadap potensi terjadinya penetrasi Fungsi Pemerintahan; (b) Jalan teoretis ini merupakan hal yang sedemikian fundamentalnya untuk dipertenggangkan, sebab teori ini diyakini sebagai satu-satunya di antara teori-teori di bidang hukum (yang ada di era kita) yang paling berkemampuan untuk memprakarsai lahirnya sebuah sistem penegakan hukum dengan performa yang jauh lebih meyakinkan, terutama di negara-negara yang sistem hukumnya tengah mengalami problem pembusukan yang sangat serius secara fathomistis; (c) Teori ini tidak sekedar menjanjikan kita sebuah sistem hukum yang dapat bekerja jauh lebih baik di dalam sejarah dan masyarakat, tapi sekaligus menjanjikan lahirnya sebuah Negara yang dioperasionalkan oleh sebuah Sistem Hukum yang sepenuhnya memiliki watak yang demokratis, dan Pancasilaistis.Kata kunci: Teori Hukum; Pemurnian; Hukum Positif; Konsep Kehidupan yang Demokratis, dan Pancasilaistis AbstractThis exploratory research is specifically prepared to answer the need for the creation of a forum for sanctification of positive Lawes, precisely, a sanctification model that is expected to present in our midst a higher level legal system in democracy, a Pancasilaistic Legal System. The approach used to explore the object under the study is a juridical-interdisciplinary approach an approach commonly used in Legal Theory studies in general. Meanwhile, the research method used in the overall context of this study is a normative-theoretical legal research method. This is the terminology to express the system that will control this project to map the core-problems; collect data; and, information, conducting analysis; then, drawing a set of conclusions.  The results: (a) The birth of a new theory in legal discourses at the theoretical level, namely: The Purification of Theory of Justice Functions. This theory offers us a thesis which in essence is a kind of inducement on the importance of the forum for purification/santification of the Judicial Functions, especially on the forum of mixing the function of the judiciary itself with, or, the potential for penetration of Government Functions. (b) This theoretical track has become so important, because it is believed to be the only one among legal theories (in our era) that are most capable of initiating the birth of a law enforcement system with a far more convincing performance, especially in countries whose legal systems are experiencing a fathomistically problem of putrefaction. This theory does not merely pledges us a legal system that can work much better in history, and society, but at the same time pledges the birth of a State that is truly operationalized by a legal system that is extremely democratic and Pancasilaistic.Keywords: Legal Theory; Purification; Law Positive; Concept of Democratic, and Pancasilaistic Social Life
The Role of the Police in Combating the Crime of Cockfighting Gambling Eko Adi Setiawan; Herman Bakir; Boy Nurdin
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 (77.658 KB) | DOI: 10.57096/edunity.v1i05.47

Abstract

Gambling practices that have various kinds and techniques are very easy to do, making this gambling very rapidly growing in countries around the world and one of them is Indonesia. Although gambling is prohibited and contrary to applicable law in Indonesia. Gambling is very detrimental to society and the nation's morals. Order, security, and peace in society are disrupted as a result of gambling. In addition, the impact of this gambling is that it can lead to crimes such as theft, molestation, murder, and even interference in a relationship in the household which results in domestic violence. The government's steps in taking action against gambling crimes are by issuing regulations such as Article 303 of the Criminal Code and in Law no. 7 of 1974 concerning the regulation of gambling. In addition to the issuance of regulations by the government, the police also take part in dealing with gambling crimes through preventive and repressive efforts. Preventive action is a way that the police do before a crime occurs. In this case, the efforts made by the police in uncovering the crime of gambling in the community include investigations, finding sources of information, spying, snooping, making arrests, and confiscating evidence and socialization. Repressive efforts are also one of the methods used by the police in dealing with cockfighting gambling during this activity. The police immediately raided the cockfighting gambling place and arrested everyone who was directly involved in the cockfighting gambling activity.
Legal Status of Land Rights of the Former Eigendom Verponding After the Issuance of the Conversion Rules Mahmuddin Mahmuddin; Herman Bakir; Faisal Santiago
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.v4i05.835

Abstract

Beginning on September 24, 1960, there were not any more western freedoms and standard terrains. The organization no longer exists while the freedoms have been changed over by the BAL into one of the new privileges. In such manner, beginning in 1961 there could have been as of now not any land that its arrangements could be dependent upon European Verponding, Indonesian Verponding, and Lanrente or Land Expense. The assessment endorsements that existed and were held by individuals around then and were not detailed for substitution of new privileges under the UUPA, were still as Eigendom Verponding. In any case, in all actuality, there are still holders of land privileges who after September 24, 1980, still have confirmation of responsibility for freedoms as western privileges and standard freedoms that poor person been changed over, which will create legitimate issues assuming that these are not directed in regulation. To expect lawful issues that emerge because of changes in guidelines in the land area, the public authority through transformation guidelines reaffirmed the lapse of privileges to the place that is known for beginning of the Change of Western Freedoms on September 24, 1980, which is likewise the standard framed in the BAL., to end the legitimacy of the excess Western privileges to land in Indonesia with every one of attributes are not by Pancasila and the 1945 Constitution
The Efforts to Prevent Money Laundering in Indonesia Muhammad Alhadi Haq; Herman Bakir; Ahmad Redi
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.816

Abstract

Due to its criminal nature, money laundering by transnational organized criminal groups will negatively impact the country's micro and macro economies. These impacts can disrupt the functioning of the market mechanism, create distortions that disrupt economic efficiency and the distribution of income and wealth in society and disrupt national development. The crook demonstration of tax evasion is an interaction or action that expects to stow away or mask the beginning of cash and resources got from criminal demonstrations which are then changed over into resources that seem to start from genuine exercises. Corruption, bribery, goods/labor/immigrant smuggling, banking, narcotics, psychotropic, trafficking, kidnapping, terrorism, theft, embezzlement, and fraud are all criminal acts that can lead to money laundering. The stages in the crime of money laundering are Placement, Layering, and Integration. The legal instrument for money laundering is Article 3 of RI Law No. 8 of 2010 concerning Money Laundering. And the way to deal with money laundering in Indonesia is to postpone transactions on assets originating from criminal acts. Furthermore, it did the blocking of criminal act assets and suspended transactions related to money laundering crimes.
Reconstruction of Criminal Law to Address Cyber Terrorism in Indonesia Dwi Nugroho Marsudianto; Herman Bakir
Journal Of Social Science (JoSS) Vol 3 No 11 (2024): JOSS
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i11.382

Abstract

Cyber terrorism uses information and communication technology to scare individuals or governments. In Indonesia, terrorism-related cyberattacks have increased by 300% in the past year, despite regulations such as the Law on the Eradication of Terrorism and the Law on Electronic Information and Transactions (UU ITE). This legal gap in handling cybercrime requires an effective reconstruction of criminal law. This research aims to analyze the effectiveness of law enforcement against cyber terrorism, identify legal gaps, and provide recommendations for necessary legal reforms. The approach used is normative law, with analysis of the Law on Eradication of Terrorism and ITE Law, as well as case studies to explore challenges in law enforcement. It was found that there are normative gaps in the existing regulations. While the ITE Law and Terrorism Eradication Law provide a legal framework, they do not clearly define cyber terrorism or provide sufficiently strict sanctions. There is a need for regulatory reform to cover aspects of cybercrime. Proposed reforms include a clear definition of cyber terrorism, increased sanctions, and the application of technology in law enforcement. International cooperation and public awareness are also important to create a safe environment. To improve law enforcement against cyber terrorism in Indonesia, comprehensive law reform is needed. Gaps in the ITE Law and Terrorism Eradication Law should be addressed with clear definitions and stricter sanctions, as well as through the use of technology and international cooperation
Transforming Education for Juvenile Offenders in Child Special Guidance Institutions Risky Waldo; Herman Bakir
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.v4i12.2318

Abstract

Problems faced by juvenile offenders in the Special Child Guidance Institution (LPKA) include limited educational facilities, lack of qualified educators, and lack of external support. These problems are exacerbated by the psychological challenges experienced by these children, which have a negative impact on their learning process. Therefore, the transformation of education in LPKA is an urgent need to support their rehabilitation and social reintegration. This study aims to analyze the implementation of education for juvenile offenders in LPKA by mapping the challenges faced and evaluating the efforts that have been made to overcome them. The main focus includes the development of an adaptive, inclusive, and technology-based education model to create a learning environment that supports children's holistic development. The method used is a normative legal approach with policy analysis. Data were collected through literature studies, analysis of related regulations, and studies of educational practices in LPKA that have been implemented. The results of the study indicate that the implementation of education in LPKA still faces significant obstacles, especially related to facilities, human resources, and less than optimal policy support. However, there is potential for improvement through strengthening collaboration between institutions, providing training for educators, and developing relevant life skills-based programs. The implications of this study emphasize the importance of education policy reform that is more responsive to the needs of adolescents in LPKA. Regulations are needed that strengthen the guarantee of equal and quality education, intensive training for educators, and curriculum development that emphasizes character education and life skills. Thus, it is hoped that adolescents in LPKA can obtain decent education and have the opportunity for better social reintegration.
Dilemma of the Dualism of the Position of the Regional House of Representatives in the Regional Government System Darlian Pone; Herman Bakir
Return : Study of Management, Economic and Bussines Vol. 3 No. 11 (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.v3i11.294

Abstract

This study investigates the dualism of roles within the Regional House of Representatives (DPRD) in Indonesia, focusing on its legislative and executive functions in the regional government system. As a legislative institution representing the people and a partner of the executive, the DPRD faces challenges in balancing these roles, often leading to potential conflicts of interest and weakened oversight functions. The study aims to analyze the challenges and propose strategies for enhancing the effectiveness of the DPRD in fulfilling its dual roles. Using a normative juridical approach, this research examines legislative provisions and conceptual frameworks to identify the gaps and complexities in the DPRD's current position. The findings reveal that role conflicts hinder the DPRD's ability to effectively oversee and collaborate with regional governments, affecting policy quality and public trust. This study recommends clear role delineation, enhanced institutional capacity, and improved communication between the DPRD and regional governments. These measures are expected to strengthen the DPRD’s legislative and oversight functions while maintaining its partnership with the executive, ultimately contributing to more effective and transparent regional governance.
Strengthening the Role of Artificial Intelligence Technology in the Role of Court Judges in Indonesia Yanwiyatono Yanwiyatono; Herman Bakir
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 6 (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.v3i6.249

Abstract

This research explores the strengthening role of artificial intelligence (AI) technology in supporting the duties and responsibilities of court judges in Indonesia. In the digital era, the integration of AI in the judicial system is necessary to improve efficiency, accuracy, and fairness in legal decision-making. This research uses a qualitative method with literature studies, in-depth interviews, and case analysis from other countries that have implemented AI in their justice systems. The results show that AI can reduce judges' workload, speed up case resolution, and minimize human error and bias. However, there are challenges such as ethical issues, data privacy, and public trust in AI decisions. This research emphasizes the need for a clear regulatory framework and specialized training for judges to ensure the effective and responsible use of AI. In addition, the importance of collaboration between governments, legal institutions, and technology developers to create AI solutions that comply with the principles of fairness and transparency was expressed. In conclusion, although AI has great potential to strengthen the role of judges in Indonesia, its implementation must be done carefully to maintain the principles of fairness.
Eradication of Land Mafia in Indonesia by the Ministry of Agrarian Affairs and Spatial Planning of the Republic of Indonesia or the National Land Agency Amrullah Amrullah; Herman Bakir
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.v3i11.329

Abstract

The land mafia in Indonesia is a complex phenomenon that harms society and has the potential to disrupt social stability. This research aims to analyze the practices of land mafia that occur in Indonesia and evaluate the eradication efforts by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). Land mafia practices include certificate forgery, illegal land occupation, and document manipulation that threaten the ownership rights of the community. This research uses normative legal research methods, which involve the process of finding legal rules, principles, and legal doctrines to answer the legal issues at hand. Furthermore, this research also examines the policies and strategic steps taken by the ATR/BPN in combating the land mafia, including the establishment of the Anti-Land Mafia Task Force and the strengthening of land regulations. The results indicate that despite various eradication efforts, challenges in law enforcement and inter-agency coordination remain obstacles. Therefore, better synergy between the government, society, and the private sector is necessary to create a transparent and accountable land system. This research is expected to contribute to the development of more effective policies in eradicating the land mafia in Indonesia and reinforcing legal protection for the community.