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THE ROLE OF THE NOTARY IN SETTLEMENT OF CRIMINAL CASES BASED ON RESTORATIVE JUSTICE Adisti, Neisa Angrum; Mardiansyah, Alfiyan; Nurillah, Isma; Banjarani, Desia Rakhma; Dedeng
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1216

Restorative Justice is an effort to find a peaceful process for resolving cases outside of court. This research uses normative legal research methods. The urgency of resolving criminal cases based on restorative justice is essentially the resolution of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly seek a fair solution by emphasizing restoration to the original condition, and not retaliation. The main point of resolving criminal cases based on restorative justice is the existence of a peace agreement between the victim and the perpetrator of the crime. Peace agreement and fulfillment of the rights of victims of criminal acts. To prepare a peace agreement signed by the parties, of course it must be formulated in writing and can be drafted and signed in the presence of an authorized official. If necessary, this is where the role of a Notary can be used in drafting a peace agreement through a peace deed made and signed before a Notary. To strengthen the validity of the peace agreement letter and the need for legal protection, guarantees in fulfilling the rights of the victim, to avoid acts of default on the peace agreement between the criminal perpetrator and the victim, it can be formulated through an authentic deed, namely a peace deed made and signed before a Notary.

Balancing Two Conflicting Perspectives on Wiretapping Act: Rights to Privacy and Law Enforcement Natamiharja, Rudi; Sabatira, Febryani; Banjarani, Desia Rakhma; Davey, Orima Melati; Setiawan, Ikhsan
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The right to privacy is part of fundamental human rights in technological advances. It is outlined under Article 12 of the 1948 Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. Substantially, the right to privacy prohibits personal data dissemination, including wiretapping, which is considered a violation of human rights. However, applicable laws permit wiretapping when it aims to discover criminal evidence in court. Indonesia authorizes this act under Corruption Eradication Commission Law, Telecommunications Law, Corruption Crime Act, Terrorism Eradication Law, and Psychotropic Law. Unfortunately, these laws have failed to provide a standard mechanism and procedures for conducting the wiretapping act. The substantial insufficiency has made Indonesia a low-ranked country’s privacy rights protection index. This implies the government has failed in balancing the interest of privacy as individual rights and the state's interest in law enforcement. Therefore, this study aimed to examine human rights on privacy, the wiretapping act in law enforcement, and the effort to balance these two rights. It used a normative juridical approach with secondary data. The results showed that Indonesian law has shortcomings that may violate constitutional rights. Therefore, there is a need for a law that comprehensively regulates the mechanisms and detailed procedures for wiretapping.

Disparity in Corruption Based on Pancasila Values in Judges' Decisions Febriansyah, Artha; Novianti, Vera; Banjarani, Desia Rakhma
Proceedings Series on Social Sciences & Humanities Vol. 23 (2025): Proceedings of Seminar Nasional Kebaharuan KUHP Nasional dan Urgensi Pembaharuan KUH
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v23i.1548

In reality, many perpetrators of corruption are relatively given light sentences. Even recently, many cases have been acquitted by regional corruption courts. This fact has created disparities both horizontally and vertically. Based on this background, it is necessary to analyze the disparity in corruption crimes based on Pancasila values in the judge's decision. The problem that will be discussed in this research is how is the disparity of corruption crimes based on Pancasila values in the judge's decision? This research uses normative legal research. The research results show that the disparity of corruption crimes is based on Pancasila values, which are based on divinity, humanity, unity, deliberation, representation, and justice. As for the disparity in corruption, which is based on the value of justice, it is based on the 5th precept of Pancasila, namely "Social justice for all Indonesian people". The value of justice can be applied to the evidentiary process during the law enforcement process for corruption.

Balancing Two Conflicting Perspectives on Wiretapping Act: Rights to Privacy and Law Enforcement Natamiharja, Rudi; Sabatira, Febryani; Banjarani, Desia Rakhma; Davey, Orima Melati; Setiawan, Ikhsan
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i1.1226

The right to privacy is part of fundamental human rights in technological advances. It is outlined under Article 12 of the 1948 Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. Substantially, the right to privacy prohibits personal data dissemination, including wiretapping, which is considered a violation of human rights. However, applicable laws permit wiretapping when it aims to discover criminal evidence in court. Indonesia authorizes this act under Corruption Eradication Commission Law, Telecommunications Law, Corruption Crime Act, Terrorism Eradication Law, and Psychotropic Law. Unfortunately, these laws have failed to provide a standard mechanism and procedures for conducting the wiretapping act. The substantial insufficiency has made Indonesia a low-ranked countryâ€™s privacy rights protection index. This implies the government has failed in balancing the interest of privacy as individual rights and the state's interest in law enforcement. Therefore, this study aimed to examine human rights on privacy, the wiretapping act in law enforcement, and the effort to balance these two rights. It used a normative juridical approach with secondary data. The results showed that Indonesian law has shortcomings that may violate constitutional rights. Therefore, there is a need for a law that comprehensively regulates the mechanisms and detailed procedures for wiretapping.

THE ROLE OF THE NOTARY IN SETTLEMENT OF CRIMINAL CASES BASED ON RESTORATIVE JUSTICE Adisti, Neisa Angrum; Mardiansyah, Alfiyan; Nurillah, Isma; Banjarani, Desia Rakhma; Dedeng
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1216

Restorative Justice is an effort to find a peaceful process for resolving cases outside of court. This research uses normative legal research methods. The urgency of resolving criminal cases based on restorative justice is essentially the resolution of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly seek a fair solution by emphasizing restoration to the original condition, and not retaliation. The main point of resolving criminal cases based on restorative justice is the existence of a peace agreement between the victim and the perpetrator of the crime. Peace agreement and fulfillment of the rights of victims of criminal acts. To prepare a peace agreement signed by the parties, of course it must be formulated in writing and can be drafted and signed in the presence of an authorized official. If necessary, this is where the role of a Notary can be used in drafting a peace agreement through a peace deed made and signed before a Notary. To strengthen the validity of the peace agreement letter and the need for legal protection, guarantees in fulfilling the rights of the victim, to avoid acts of default on the peace agreement between the criminal perpetrator and the victim, it can be formulated through an authentic deed, namely a peace deed made and signed before a Notary.

Penerapan Doktrin Res Ipsa Loquitur pada Pemeriksaan Setempat dalam Perkara Pencemaran Lingkungan Nugraha, Muslim; Yani, Ahmad; Syahri Ramadhan, Muhammad; Banjarani, Desia Rakhma; Andreas, Ricco
Simbur Cahaya Volume 32 Nomor 2, Desember 2025
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/sc.v32i2.5024

Lingkungan hidup merupakan kesatuan dari seluruh objek dan kondisi tempat hidup makhluk hidup, termasuk manusia dan perilakunya, yang memengaruhi kelangsungan hidup manusia dan makhluk hidup lainnya. Di antara semua makhluk hidup dan komponennya terdapat hubungan saling ketergantungan satu sama lain, sehingga membentuk suatu keseimbangan dalam kehidupan yang harus senantiasa dijaga. Apabila terjadi gangguan terhadap keseimbangan antara komponen-komponen dalam lingkungan hidup, maka dapat mengakibatkan ketidakseimbangan di dalamnya. Hal ini dapat terjadi akibat peristiwa alam ataupun ulah manusia yang mencemari lingkungan. Jika pencemaran tersebut dilakukan oleh manusia, baik secara sengaja maupun tidak sengaja, maka diperlukan adanya pertanggungjawaban hukum. Permasalahannya, terdapat banyak kesulitan dalam pembuktian kasus-kasus pencemaran lingkungan. Artikel ini akan membahas penerapan Doktrin Res Ipsa Loquitur sebagai upaya untuk mempermudah pembuktian dalam pemeriksaan langsung di lokasi terhadap kasus pencemaran lingkungan, sehingga penegakan hukum menjadi lebih efisien dan tidak terlalu membebani korban pencemaran lingkungan dalam membuktikan kesalahan pelaku pencemaran lingkungan.

Perlindungan Hukum Hak-hak Anak di Panti Asuhan Pelangi Palembang Hidayah, Ardiana; Adisti, Neisa Angrum; Banjarani, Desia Rakhma; Aprita, Serlika; Nurlani, Meirina
Jurnal Aksi Dosen dan Mahasiswa Vol. 3 No. 2 (2025): Jurnal Aksi Dosen dan Mahasiswa
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jadmas.v3i2.1503

Children, as a trust and a gift from God Almighty, possess inherent rights, dignity, and worth as complete human beings. Within the context of national law, the state is obligated to provide protection for children’s rights as stipulated in Law Number 35 of 2014 on Child Protection, which amends Law Number 23 of 2002. Such protection includes the right to life, growth and development, education, protection from violence, and the right to social welfare. Children living in orphanages constitute a vulnerable group requiring special attention, both in terms of the fulfillment of basic needs and legal protection. This community service activity was conducted at Pelangi Orphanage in Palembang with the aim of enhancing the understanding of orphanage administrators and foster children regarding the legal protection of children’s rights, as well as encouraging the creation of a child-friendly and legally oriented orphanage environment. The method employed was a participatory-educational approach through interactive legal counseling, discussions and question-and-answer sessions, as well as simple case studies tailored to the conditions of the children and the orphanage management. The results indicate an improvement in participants’ legal understanding of children’s rights and the obligations of orphanage administrators, increased awareness among foster children regarding their right to protection from violence and discrimination, and the establishment of a commitment by the administrators to create a safe, comfortable, and child-friendly environment in accordance with the principles of child protection. This activity has a positive impact in the form of increased legal awareness and capacity within the orphanage environment, which is expected to be sustainable in supporting children’s welfare and protection.

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