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All Journal Fox Justi : Jurnal Ilmu Hukum POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Eduvest - Journal of Universal Studies Sanskara Hukum dan HAM RechtIdee Journal of Shariah Economics
Wahyu Prawesthi
Universitas Dr. Soetomo Surabaya
Religion Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Impact of Legal Regulations on Innovation in Digital Donation Platforms for Youtube Streamers Agus Wardhono; Wahyu Prawesthi; M Syahrul Borman; Toong Hai Sam; Taffy Faiq Syahmi
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.30065

Abstract

This study investigates the regulatory implications for the development of digital donation platforms in Indonesia, with a particular focus on Saweria, which is widely utilized by YouTube content creators. The advancement of digital technology has facilitated innovative fundraising through donation-based crowdfunding, yet it simultaneously generates potential risks of misuse. Employing a normative juridical research approach, this study examines the vulnerability of digital donation platforms—initially intended to serve as financial support mechanisms—to exploitation for unlawful purposes, notably the dissemination and promotion of online gambling activities. The findings indicate that although the Information and Electronic Transactions Law (ITE Law), particularly Article 27 paragraph (2) jo. Article 45 as amended by Law No. 1 of 2024, stipulates prohibitions on gambling-related content with sanctions of up to six years imprisonment and/or administrative fines of IDR 1 billion, its enforcement continues to encounter evidentiary and procedural constraints. The study emphasizes the necessity for more specific regulatory frameworks, enhanced platform security, increased awareness among content creators, and coordinated multi-stakeholder collaboration to develop adaptive safeguards against digital criminality.
Juridical Analysis of Judicial Considerations in the Dispute Over Government-Owned Land in Surabaya Regarding Former Eigendom Verponding Land (Case Study of the Supreme Court's Revision Decision Number 1146 PK/Pdt/2025) Ipung Salvota Mauludin; Wahyu Prawesthi; Yustino Aribawa
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land disputes between colonial-era property claims and regional government asset inventories often trigger complex legal uncertainties in Indonesia. This study aims to analyze the consistency of the Supreme Court's legal considerations in Revision Decision Number 1146 PK/Pdt/2025 with national agrarian law principles and examine whether the decision violates the principle of verhandlungsmaxime (passive judge role) in protecting the assets of the Surabaya City Government. The research methodology employed is normative legal research with a statute approach, conceptual approach, and case approach. The findings indicate that the considerations in the Revision Decision are in full compliance with Law Number 5 of 1960 (UUPA) and Presidential Decree Number 32 of 1979, where land previously under Eigendom Verponding that was not converted by September 24, 1980, automatically became state land. As a result, the transfer of rights in 2006 to an individual was legally flawed based on the nemo plus iuris doctrine. Furthermore, the study concludes that the decision does not conflict with the verhandlungsmaxime principle, as the legal correction made by the judge reflects the principle of ius curia novit and the judicial obligation to protect regional assets for public interest. The research concludes that state sovereignty over remaining converted Western land rights is a key instrument in ensuring legal certainty in the management of regional assets.
Analisis Yuridis Rehabilitasi Narkoba Dalam Sistem Hukum Pidana Indonesia Firman Nurhidayah Riyadi; Wahyu Prawesthi; Subekti .; Noenik Soekorini
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1118

Abstract

This study aims to analyze the implementation of drug rehabilitation policies within the Indonesian criminal justice system, particularly for drug addicts and victims. Rehabilitation is understood as a humanist approach based on restorative justice, focusing on recovery, not punishment. Although it is regulated by Law Number 35 of 2009 and several supporting regulations, the implementation of this policy has not been optimal. This study uses a normative juridical method with statutory regulations, conceptualization, and case studies. The results indicate that weak implementation of integrated assessments, limited rehabilitation institutions, social stigma, and disparities in understanding among law enforcement officials are the main obstacles. Data shows that the majority of drug abusers are only sentenced to prison, leading to prison overcrowding and low rehabilitation effectiveness. To achieve the goals of rehabilitation, policy reform is needed through strengthening regulations, standardizing therapy methods, improving human resource competency, and cross-sector integration. This study recommends that rehabilitation be viewed not merely as an alternative punishment, but as an integral, preventive, and corrective criminal policy strategy to create a recovery process that is rehabilitative, socially functional, and prevents relapse.
Polisi Dalam Mewujudkan Keamanan Dan Ketertiban Masyarakat Di Era Digital: Studi Kasus Pencemaran Nama Baik Muhammad Naufal Alif Riyadi; Wahyu Prawesthi; Subekti .; Fathul Hamdani
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i2.1119

Abstract

The development of information and communication technology has brought about significant changes in people's lives, including in legal and security aspects. Social media is now a primary means of communication accessible to various groups, but this convenience also opens up opportunities for crimes such as defamation. This study aims to analyze the police's handling of defamation cases via social media in the digital era and examine the forms of legal accountability for perpetrators. Using normative juridical research methods with legislative, conceptual, and case study approaches, this study examines relevant regulations, such as the Criminal Code (KUHP) and the ITE Law, particularly articles on insults and hate speech. The results show that the police play a crucial role in investigating and prosecuting cybercrimes, although handling them faces technical and social challenges. Law enforcement against defamation requires careful evidence, including the perpetrator's malicious intent and the impact on the victim. Furthermore, personal, family, educational, and social factors contribute to the rise in hate speech cases on social media. This study recommends increasing police capacity in digital technology and educating the public to be more judicious in using social media to maintain security and order in the digital era.
Pertanggung Jawaban Hukum Terhadap Pelaku Tindak Pidana Judi Online Muhammad Yusuf; Wahyu Prawesthi; Sri Sukmana Dmayanti; Dedi Wardana Nasution
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i1.1188

Abstract

The development of information technology has driven thetransformation of conventional gambling into a more complex digitalform, namely online gambling. This practice has become a seriousproblem in Indonesia because it not only harms individualseconomically and psychologically but also threatens social and legalstability. This study aims to analyze the legal regulations applicableto online gambling crimes and examine the mechanisms for lawenforcement in Indonesia. The method used is normative juridicalwith a statutory approach and case studies. The results show thatdespite the existence of several regulations such as the CriminalCode, Law No. 7 of 1974, and the Electronic Information andTransactions Law No. 11 of 2008 in conjunction with No. 19 of 2016,the implementation of law enforcement against online gamblingperpetrators still faces various obstacles, such as limited jurisdiction,technological constraints, and low public legal awareness. Therefore,regulatory reform, increased capacity of law enforcement officers,and cross-sector collaboration are needed to strengthen legalaccountability and the effectiveness of online gambling eradication inIndonesia.
Restorative Justice Sebagai Penyelesaian Tindak Pidana Malpraktek Dokter Pada Polda Jawa Timur Sulianto Sulianto; Wahyu Prawesthi; Moh. Taufik; Syahrul Borman
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i1.1203

Abstract

Health is one of the basic human rights guaranteed by the state as regulated in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, in carrying out their duties, medical personnel, especially doctors, have a vital role in providing quality health services to the community. However, in practice, it is not uncommon for medical errors to occur which lead to allegations of malpractice crimes, for this reason a study was conducted on the Regulation of Restorative Justice as an Alternative to Settling Criminal Acts of Doctors' Malpractice and the justice and impact of Restorative Justice on the Medical profession, this study uses the Normative Juridical research method with three approaches, the Statute Approach, the Conceptual Approach, and the Case Approach, namely the Medical Malpractice case that has been reported by the Victim with a Public Complaint Report handled by the East Java Regional Police, for the report the doctor as the accused party made peace efforts facilitated by the East Java Regional Police investigators, at the request of the Reported Party the investigator made efforts to examine the material and formal requirements to continue the Restorative Justice efforts
Elements of Negligence by Regional Governments in Designating Cultural Heritage as Cultural Heritage Herri Suryadi Samosir; Wahyu Prawesthi; Sri Astutik
Eduvest - Journal of Universal Studies Vol. 6 No. 6 (2026): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v6i6.53019

Abstract

Cultural heritage refers to objects, buildings, structures, sites, and areas — both on land and in water — that have been designated as Cultural Heritage, are material in nature, and need to be preserved. The determination of Cultural Heritage carries significant meaning within the Indonesian legal system, as it represents an active legal measure taken by the state to protect cultural heritage that is important for history, science, education, religion, and culture. This research aims to analyse the elements of negligence by regional governments in designating cultural heritage as Cultural Heritage, and to identify the legal implications and losses caused by such negligence. This research uses a normative juridical approach, examining legal norms, regulations, and doctrines, as well as a case analysis of Medan District Court Decision Number 756/Pdt.G/2020/PN Mdn concerning Medan Merdeka Square. The determination of Cultural Heritage is the obligation of the regional government (Regent/Mayor) after receiving recommendations from the Cultural Heritage Expert Team. Without an official determination, a cultural heritage object is in a legally vulnerable condition, as it lacks a clear protection status, creating opportunities for theft, destruction, transfer, conversion, demolition, or use contrary to its historical value and the public interest. Government negligence in designation constitutes an unlawful act and violates constitutional obligations and the General Principles of Good Governance, particularly with regard to legal certainty and the protection of the public interest.
RATIO DECIDENDI IN DETERMINING TOOLS OF EVIDENCE INSTRUCTIONS FOR SETTLEMENT OF CRIMINAL CASES IN THE MURDER TRIAL Eddy Wahono; Wahyu Prawesthi
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 4 (2023): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i4.780

Abstract

Evidence is needed to show the truth of the crime that occurred. The importance of evidence as evidence in legal cases greatly influences the outcome of the decision determined by the judge. The completeness and validity of evidence is the most important factor in determining a case decision. So based on the problems above, researchers will conduct an analysis of the application of evidence and obstacles to the application of evidence in Decision Number: 1342 K/Pid/2022. This study uses a normative legal research type with the Statue Approach and Case Approach approaches. Sources of legal material come from the Civil Code (KUHAP) Articles 183 to 189 and Articles 55 and 56 of the Criminal Code. The process of collecting data through a literature study will be analyzed using a qualitative descriptive analysis. The results of this study are: 1) The application of evidence in the court decision Number: 1342 K/Pid/2022 concerning the Criminal Act of Murder is in accordance with the existing requirements and has the force of law in proving the murder case that occurred, and 2) The Judge does not encountered obstacles in the use of evidence to drop Court Decision Number: 1342 K/Pid/2022 concerning the Crime of Murder where evidence was available from the Defendant's Statement, Witness Statement and Physical Evidence that corroborated the occurrence of a violation of the law.
Perlindungan Hukum dan Pengawasan Perawat dalam Delegasi Tindakan Medis di Rumah Sakit Munif Amar; M. Syahrul Borman; Wahyu Prawesthi
Sanskara Hukum dan HAM Vol. 4 No. 03 (2026): Sanskara Hukum dan HAM (SHH)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/shh.v4i03.763

Abstract

As a healthcare institution, the hospital is mandatory to provide competent human resources, with physicians and nurses serving as the central pillars. In clinical practice, nurses no longer only provide independent nursing care but also perform medical acts through the mechanism of delegation of authority from physicians. This normative juridical research employs a deductive approach to analyze the legal provisions regarding the delegation of medical acts and to examine the aspects of supervision and legal protection for nurses. A qualitative analysis was conducted on existing regulations to map out the boundaries of authority and standard procedures within collaborative services. The research findings emphasize that professional competence is a fundamental prerequisite to ensure that delegated medical acts are performed safely and accountably. Although hospitals bear institutional responsibility, nurses still face the risk of personal liability—whether criminal, civil, or administrative—if they are proven to have performed medical acts without valid written delegation or in deviation from professional standards and applicable operating procedures. Enforcement of legal certainty within the delegation mechanism is crucial to protect the rights of nurses while simultaneously ensuring patient safety.
Co-Authors Agus Wardhono Dedi Wardana Nasution Eddy Wahono Fathul Hamdani Firman Nurhidayah Riyadi Herri Suryadi Samosir Ipung Salvota Mauludin M Syahrul Borman M. Syahrul Borman Moh. Taufik Muhammad Naufal Alif Riyadi Muhammad Yusuf Munif Amar Noenik Soekorini Sri Astutik Sri Sukmana Dmayanti Subekti . Sulianto Sulianto Syahrul Borman Taffy Faiq Syahmi Toong Hai Sam Yustino Aribawa