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All Journal Melayunesia Law Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science Riau Law Journal Return : Study of Management, Economic and Bussines Jurnal Indonesia Sosial Sains Cerdika: Jurnal Ilmiah Indonesia Cognitionis Civitatis et Politicae Journal of Multidisciplinary Sustainability Asean Rechtsnormen: Journal of Law
Herman Bakir
Universitas Borobudur
Humanities Astronomy Biochemistry, Genetics & Molecular Biology 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 Other

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Regulation of the Authority to Make MPR Decrees Before and After Reforms in the 1945 Constitution of the Republic of Indonesia Mardisontori Mardisontori; Herman Bakir
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1634

Abstract

The People’s Consultative Assembly (MPR) is a high state institution in the Indonesian constitutional system and MPR Decrees are one type of applicable legislation. The legal basis for MPR Decrees before the amendment to the 1945 Constitution can be found through the interpretation of some articles in the 1945 Constitution. After the amendment to the 1945 Constitution, apart from changing the position of the MPR as the highest state institution, it also changed the duties and authority of the MPR. The MPR no longer issues MPR Decrees. However, based on Law Number 12 of 2011 concerning the Formation of Legislative Regulations, it places MPR Decrees in the sequence of statutory regulations. Thus, the MPR Decree is part of the types and hierarchy of statutory regulations placed under the 1945 Constitution of the Republic of Indonesia. This article raises the issue of how the authority to make MPR Decrees is regulated before and after the amendments to the 1945 Constitution and is linked to TAP MPR RI Number I/MPR/2003 concerning Review of the Material and Legal Status of TAP MPRS and TAP MPR RI from 1960 to 2002. The purpose of this writing is to find out how the authority to make MPR Decrees is regulated before and after the amendment to the 1945 Constitution and is linked to TAP MPR RI Number I/MPR/2003. This writing uses a normative juridical method with a statutory regulatory approach. With some MPR Decrees still in effect before and after the reform, they are based on constitutional practices as well as the provisions in the 1945 Constitution and related laws and regulations.
Legal Protection Efforts and Policies to Combat Deepfake Porn Crimes with Artificial Intelligence (AI) in Indonesia Ocktave Ferdinal; Herman Bakir
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.v1i6.1822

Abstract

Background. The rapid development of artificial intelligence (AI)-based technologies, including deepfake, has introduced new challenges to the legal system. Deepfake porn, which manipulates digital content to create fake explicit materials, threatens privacy, dignity, and personal reputation. In Indonesia, existing laws related to pornography and electronic information are insufficient to address these crimes effectively, leaving victims vulnerable. Purpose. This study aims to analyze the legal gaps in addressing AI-based cybercrimes, especially deepfake porn, and propose legal policies to provide better protection for individuals while balancing technological innovation. Method. A qualitative approach was employed, combining doctrinal legal research with case analysis. Legal frameworks, including Indonesia’s Law on Pornography and the Electronic Information and Transactions (ITE) Law, were reviewed alongside global legal precedents on AI misuse. Results. The study reveals that existing laws are outdated in handling AI-driven crimes. There is an urgent need for specific regulations addressing the misuse of AI, particularly in creating and distributing deepfake content. Effective enforcement mechanisms and victim support systems are also lacking. Conclusion. To combat deepfake porn crimes, Indonesia must establish specific legal frameworks regulating AI misuse and ensuring accountability. Clear definitions, strict penalties, and victim protection measures should be integral to these policies.
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.
Legal Vacuum in Issuance and Revocation of Mining Business Permits Ojak Situmeang; Herman Bakir
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1650

Abstract

Background: The management of Indonesia's abundant natural resources, particularly through mining activities, is closely tied to the issuance of permits governed by regulations such as the Mineral and Coal Law and its derivative laws. However, challenges like regulatory uncertainty, overlapping authority between central and regional governments, and inconsistent law enforcement create a legal vacuum that hinders the effectiveness of permit issuance and revocation. Objectives: This study aims to analyze the mechanisms for issuing and revoking mining business permits in Indonesia. It also seeks to identify legal challenges and provide recommendations to strengthen the legal framework and ensure effective implementation. Methods: This research employs a normative legal approach, focusing on the analysis of laws, regulations, and case studies related to mining business permits. Secondary data were analyzed qualitatively to evaluate the consistency and effectiveness of the legal framework. Research Findings: The findings reveal that the issuance and revocation processes are plagued by unclear regulations and fragmented governance. These issues result in regulatory inefficiencies and weak law enforcement, impeding sustainable resource management. Conclusion: To address the legal vacuum, reforms are required to ensure clarity, eliminate overlapping authority, and improve law enforcement. Strengthening the legal framework will enhance the management and regulation of mining permits in Indonesia.
Co-Authors Ahmad Redi Amrullah Amrullah Darlian Pone Dwi Nugroho Marsudianto Eko adi setiawan Faisal Santiago Mahmuddin Mahmuddin Mardisontori Mardisontori Muhammad Alhadi Haq Ocktave Ferdinal Ojak Situmeang Risky Waldo Tengku Riza Zarzani N Yanwiyatono Yanwiyatono