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All Journal Journal of Social Science International Journal of Social Service and Research Jurnal Indonesia Sosial Sains Journal Research of Social Science, Economics, and Management Eduvest - Journal of Universal Studies Jurnal Greenation Sosial dan Politik
Evita Isretno Israhadi
Universitas Borobudur, Indonesia
Religion Aerospace Engineering 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 Social Sciences Other

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Regulations For Implementing Passive Euthanasia In The Terminal Stage Patients (End of Life) Which Is In Accordance With Justice and Legal Certainty In Indonesia Dian Andriani Ratna Dewi; Waty Suwarty Haryono; Evita Isretno Israhadi
Eduvest - Journal of Universal Studies Vol. 3 No. 1 (2023): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (439.834 KB) | DOI: 10.59188/eduvest.v3i1.717

Abstract

Euthanasia is an act of intentionally not doing something aimed at prolonging someone's life or intentionally doing something to shorten or also end the life of a patient which is carried out to hasten his death, while enabling a good death without unnecessary suffering. Thus, in practice, in a terminal condition, a doctor may or may not perform an act that may result in the death of a patient in accordance with the written request of the patient/family. This dilemmatic condition requires legal certainty in order to uphold justice and humanity as well as legal protection. The problems are 1) How is passive euthanasia applied for terminal patients? 2) How is legal certainty in the application of euthanasia in Indonesia? 3) How is the implementation of euthanasia that meets the community's sense of justice? To answer these problems, a research using normative juridical methods is needed through primary data collection in the form of empirical data from interviews and filling out questionnaires about knowledge and level of agreement on euthanasia. Secondary data in the form of research on primary, secondary and tertiary legal materials. 8The results of the study show that the implementation of regulations in the Act and Ministerial Regulations that lead to the implementation of euthanasia has so far been applied, especially to terminal patients. However, the legal certainty of the act has not been clearly described because there are rules that are not in line. Euthanasia cannot be equated with ordinary homicide. To fulfill justice and humanity as well as legal protection, euthanasia regulations are needed in a harmonious positive law
Law Enforcement For Foreign Shipping Performing Illegal Fishing Ferry Akbar; Evita Isretno Israhadi; Boy Nurdin
Journal Research of Social Science, Economics, and Management Vol. 2 No. 10 (2023): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v2i10.458

Abstract

Illegal fishing on foreign vessels has a very bad impact on all traditional fishermen. And this will make coastal fishermen feel the impact of illegal fishing by foreign vessels. Apart from that, this will also have an impact on consumers who like to consume fish because fishermen are not found to be able to feel the results produced by the country where fishermen were born and grew up. If viewed from a macro perspective, this will make the prices obtained from Indonesian marine products higher. It is clear that currently, the international community is starting to pay attention to Indonesia's fishery area. In law enforcement in the field of fisheries, a criminal justice system is established that includes a more structured process and problem-handling system. However, criminal acts of illegal fishing by foreign fishing vessels still occur, both by Indonesian citizens and by foreign nationals. This type of research is normative research. The approach used is a statutory approach (statute approach) and a conceptual approach (conceptual approach). The source of data used is secondary data. Data analysis was carried out in a qualitative descriptive manner. Concluding is carried out using the deductive method, namely concluding from general to specific, especially those related to the research topic, namely law enforcement against Illegal Fishing. This research resulted in findings Illegal fishing will have a very bad impact on all traditional fishermen. And this will make coastal fishermen feel the impact of illegal fishing by foreign vessels.
Juridical Review of the Mechanism of Asset Return in Corruption as an Effort to Recovery of State Losses Bambang Budi Priyanto; Faisal Santiago; Evita Isretno Israhadi
Jurnal Indonesia Sosial Sains Vol. 4 No. 08 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i08.858

Abstract

The criminal act of corruption is one part of a special crime, in addition to having certain specifications that are different from general crimes, namely with deviations from formal criminal law or procedural law. Corruption cases in this country still occur as if dominating crimes in Indonesia. This research is a descriptive analytical research, namely a study that presents phenomena or symptoms and actual circumstances about the mechanism of financial returns and / or state assets resulting from criminal acts of corruption. Law Number 20 of 2001 concerning the criminal act of corruption which in Article 18 is explained related to additional crimes as one of the efforts to recover State finances, Law Number 7 of 2006 concerning the Ratification of the United Nations Convention Against Corruption 2003 (United Nations Convention Against Corruption 2003) which explains that the seizure of assets of perpetrators of corruption crimes can be carried out through criminal and civil channels, Another regulation is Law Number 1 of 2006 concerning mutual assistance in criminal matters which is the legal basis for the Indonesian government in requesting and/or providing mutual assistance as well as a guideline for making agreements in criminal matters with Foreign Countries. In this case, the return of assets in corruption crimes can be carried out through several channels/instruments, including through criminal, civil and administrative channels.
The Efforts to Align Legal Vacancies in Law Number 4 of 2023 to Strengthen the Independence of the Financial Services Authority in Supervising the Financial Services Sector Edi Sarwono; Evita Isretno Israhadi
Journal of Social Science Vol. 5 No. 6 (2024): Journal of Social Science
Publisher : Syntax Corporation Indonesia

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Abstract

The legal gap in Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Services Sector is a significant challenge to the effectiveness of supervision of the Financial Services Authority (OJK) in Indonesia. Issues such as unclear definitions, lack of specific provisions, ambiguity in inter-agency relations, and minimal strict law enforcement have resulted in doubts about the implementation of OJK's duties. To overcome these problems, efforts are needed to harmonize through the formulation of clear definitions, the regulation of more specific provisions, and increased coordination between institutions. In addition, providing law enforcement powers and facilitating the preparation of derivative regulations are also important to strengthen OJK's independence. With these alignment steps, it is hoped that OJK can operate more effectively and contribute to the stability of the financial services sector in Indonesia
The Effectiveness of Investigations and Prosecutions of Corruption Crimes by the Corruption Eradication Commission, the Police, and the Prosecutor's Office: A Study of the Power of Power in Criminal Law Enforcement Rusdi Rusdi; Evita Isretno Israhadi
International Journal of Social Service and Research Vol. 6 No. 5 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i5.1403

Abstract

This research analyzes the effectiveness of investigations and prosecutions of corruption crimes conducted by the Corruption Eradication Commission (KPK), the Indonesian National Police, and the Indonesian Attorney General’s Office, focusing on the dynamics of authority disputes within the national law enforcement system. The multiplicity of law enforcement agencies authorized to investigate corruption has created institutional complexity, disharmony of authority, and potential inter-institutional competition that affect the effectiveness of the case-handling process. This research uses a comparative legal system approach by comparing Indonesia’s multi-agency model with jurisdictions that adopt a single-agency model with exclusive authority in eradicating corruption. The research results show that the effectiveness of investigations and prosecutions conducted by the Corruption Eradication Commission (KPK) is relatively high due to strong regulatory support, independence, and institutional focus on corruption. In contrast, the Police and the Prosecutor’s Office face structural constraints, extensive caseloads, and limited coordination, which affect the quality of case handling. Authority disputes among institutions often give rise to overlapping processes, delays in case handling, and legal uncertainty in determining the most competent institution. Comparisons with other national legal systems show that countries implementing a single-agency model, such as the Corrupt Practices Investigation Bureau (CPIB) in Singapore and the Independent Commission Against Corruption (ICAC) in Hong Kong, are more effective in handling corruption due to clear authority, minimal jurisdictional conflict, and a rapid investigation process. This research concludes that the effectiveness of investigation and prosecution mechanisms in Indonesia needs to be strengthened through the reconstruction of authority design, the strengthening of systemic coordination, and the establishment of clearer jurisdictional boundaries among law enforcement institutions.
Reconstruction of Bankruptcy Law for State-Owned Enterprises and Private Enterprises in the Perspective of Economic Justice Naek Mampetua Siringoringo; Evita Isretno Israhadi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.364

Abstract

The current bankruptcy legal system in Indonesia shows inequality in treatment between State-Owned Enterprises (SOEs) and private companies, especially in terms of filing bankruptcy applications. In practice, SOEs often receive stronger legal protection than private companies, both because of their status as managers of public interest and government policy interventions, which give rise to economic injustice and inequality. The purpose of this study is to critically examine the differences in regulation, implementation, and propose legal reforms that ensure fairness in bankruptcy filings for SOEs and private companies. This research uses a juridical-empirical approach with reference to the theory of legal minds, legislation theory, and development law reform theory. The results of the study show that the bankruptcy arrangement for SOEs and the private sector does not reflect the principles of justice and equality before the law, because there are significant differences in treatment in submission procedures and requirements, as well as the intervention of state actors against SOEs. Legal reconstruction is needed so that bankruptcy regulations are fairer and more accommodating to dynamic economic needs, while maintaining national stability and legal certainty. The conclusion of this study is that Indonesia's bankruptcy system requires comprehensive reform based on substantive justice values, so that law is not only a technical instrument, but also a social engineering tool towards national economic balance.
Legal Reformulation of Political Rights of Members of the Indonesian National Army to Ensure Democratic Justice and Enforcement of Human Rights Ocktave Ferdinal; Evita Isretno Israhadi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.365

Abstract

Political rights, including the right to vote, are fundamental components of human rights as enshrined in the 1945 Constitution of the Republic of Indonesia—specifically Article 27(1), Article 28D(1), and Article 28E(3)—and further reinforced by Article 43 of Law No. 39 of 1999 concerning Human Rights. These constitutional provisions are consistent with Article 21 of the Universal Declaration of Human Rights, which affirms that “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.” In practice, however, statutory provisions such as Article 39 of Law No. 34 of 2004 on the Indonesian National Army and Article 200 of Law No. 7 of 2017 on Elections explicitly prohibit members of the Indonesian National Army from exercising their right to vote. This raises concerns regarding legal coherence and potential breaches of the principle of non-discrimination. This research examines the legal-political framework regulating the political rights of military personnel and proposes a legal reformulation grounded in the principles of human rights and equitable democratic participation. Employing a normative legal methodology, the study adopts statutory and conceptual approaches informed by the notion of non-discriminatory justice. The findings highlight inconsistencies between current legal norms and constitutional values, advocating for a phased legal reform which distinguishes between active and passive suffrage, supported by independent oversight to uphold military neutrality without infringing upon the constitutional rights of citizens.
Reformulation of Palm Oil Governance Regulations in Forest Areas Towards Legal and Ecological Justice in Indonesia Royan Siagian; Evita Isretno Israhadi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.387

Abstract

Ilegal oil palm plantations in forest areas are a serious challenge that threatens legal justice, environmental sustainability, and the well-being of local communities in Indonesia. This research is motivated by the rampant practice of transferring forest functions into oil palm land which often does not have a legal basis, especially in the Central Kalimantan region. The purpose of this study is to evaluate the implementation of law enforcement against illegal palm oil business actors, assess legal certainty based on the principle of justice, and formulate a more equitable legal reform model. The method used is empirical juridical research with legal, conceptual, and case approaches. The results of the study show that the implementation of Articles 110A and 110B of Law Number 6 of 2023 still faces various obstacles, such as overlapping authority, weak law enforcement capacity, and the influence of political and economic interests. Although normatively it has provided a basis for action, the regulation has not been able to realize substantive justice for the community and the environment. Theoretical analysis using the framework of Lawrence M. Friedman, John Rawls, and Jan Michiel Otto reveals the need for legal reform that is adaptive, participatory, and recognizes legal pluralism, including the recognition of customary law. In conclusion, the success of the reformulation of palm oil regulations is not enough with the tightening of administrative sanctions, but must be accompanied by institutional structuring, the use of monitoring technology, and the active involvement of local communities in the legal process. Policy recommendations are directed at the creation of socially and ecologically equitable palm oil governance through a collaborative approach between the state, communities, and business actors.
Co-Authors Bambang Budi Priyanto Dewi, Dian Andriani Ratna Edi Sarwono Faisal Santiago Ferry Akbar Naek Mampetua Siringoringo Ocktave Ferdinal Royan Siagian Rusdi Rusdi Tengku Riza Zarzani N Waty Suwarty Haryono