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Law Under The Grip Of Power Hutauruk, Appe
Jurnal Indonesia Sosial Sains Vol. 6 No. 7 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i7.1816

The concept of the state of law is an idea that is considered the most ideal applied today in the context of a welfare state, although the concept is carried out with different perceptions and methods in each country in the world. The term "state of law" in Indonesian is often also translated as "rule of law" or "government based on law" in the sense that every behavior and policy of the government in making decisions must be based on the principle of legality and there should be no arbitrary actions that have the nuances of abuse of power and/or permeation of power. In the state of law, there is a strict restriction on the power of the government or the state that carries out the function of governance or state governance so as not to abuse power to oppress the people and amputate human rights as a basic right that is inherent in nature. In addition, so that the ruler's government as the dominant role holder does not give a special position to oligarchic groups that symbiosis manipulate law enforcement and undermine the democratic order to seize or maintain power hegemony. The essential principle in the state of law is that all people must be subject to the law equally based on the principles of equality and justice without discrimination. All people, both those who are ruled (people or citizens) and those who rule (rulers) in the interaction of the life of the nation and the state, are not immune to the law, in fact all without exception must submit and obey the applicable law according to the principle of equality before the law. The concept of the rule of law does not tolerate or even oppose totalitarian, dictatorial or fascist systems of government, nor against anarchist systems of government, which often treat the people arbitrarily in the name of power wrapped in the manipulation of law enforcement. In essence, the legal character produced in a democratic government under the concept of the state of law is responsive and accommodating. Likewise, the legal substance formulated in every law and regulation must reflect the recognition and respect for human rights. Human rights are one of the measures of law enforcement. But unfortunately the character of the law and the substance of the law in Indonesia are not realized at all because they are ignored by the rulers, in fact what happens is often that the law is applied according to the taste of the rulers, the principle of legality and the principle of equality before the law are only manipulative jargon because what happens in Indonesia is that the law is in the grip of power.

Implikasi Hukum atas Penyalahgunaan e-Faktur oleh Wajib Pajak dan Badan Usaha: Aspek Pidana, Gugatan Perdata, dan Perlindungan Hukum bagi Pihak Ketiga yang Dirugikan Indriastuti, Desy; Jaya, Indra; Tridianto, Ari; Taberima, Victor Arthur; Rompas, Jopie Tommy; Hutauruk, Appe; Simanungkalit, Robert L.
Arus Jurnal Sosial dan Humaniora Vol 5 No 2: Agustus (2025)
Publisher : Arden Jaya Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57250/ajsh.v5i2.1604

Penelitian ini mengkaji implikasi hukum multidimensi dari penyalahgunaan sistem e-Faktur, khususnya penerbitan faktur pajak fiktif yang merugikan negara dan pihak ketiga beritikad baik. Melalui pendekatan hukum normatif, studi ini menganalisis tiga aspek utama yaitu pidana, perdata, dan perlindungan hukum. Dari sisi pidana, penyalahgunaan e-Faktur merupakan tindak pidana perpajakan berdasarkan Pasal 39A UU KUP. Namun, penegakan hukum seringkali hanya menyasar pihak penerbit. Penelitian ini mengusulkan penerapan Pasal 55 KUHP tentang penyertaan (medepleger) untuk menjerat penerbit dan pengguna faktur fiktif secara bersamaan guna menciptakan efek jera yang lebih kuat. Secara perdata, tindakan ini merupakan perbuatan melawan hukum (Pasal 1365 KUHPerdata) yang memberi hak bagi pihak ketiga yang dirugikan, seperti pembeli yang ditolak kredit pajaknya, untuk menuntut ganti rugi. Namun, proses litigasi yang sulit menjadi kendala utama. Studi ini menyoroti adanya kekosongan hukum dalam melindungi pihak ketiga yang beritikad baik. Untuk mengatasinya, diusulkan solusi inovatif (1) merevisi UU KUP untuk menambahkan kewajiban ganti rugi otomatis kepada korban, (2) membentuk Dana Kompensasi Korban Pajak, (3) memperkuat sinergi antar lembaga penegak hukum, dan (4) mengembangkan sistem deteksi anomali secara real-time. Kesimpulannya, penegakan hukum yang tegas terhadap pelaku harus diimbangi dengan mekanisme perlindungan yang proaktif dan memadai bagi korban untuk mewujudkan keadilan dan iklim usaha yang dapat dipercaya.

REFORMASI ROYALTI MUSIK ERA DIGITAL: TRANSFORMASI NO. 56 TAHUN 2021 MENUJU SISTEM ADIL BERBASIS BLOCKCHAIN, KEADILAN ADAPTIF, DAN KEARIFAN LOKAL Indra Jaya; Maharani, Shinta; Rompas, Jopie Tommy; Ananda, Selvira Paulina; Hutauruk, Appe; Maulana, Taufik; Simanungkalit, Robert L
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 13 No 2 (2025): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum (IN PROGRESS)
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v13i2.1678

The implementation of Government Regulation No. 56 of 2021 (PP 56/2021) concerning the Management of Song and/or Music Copyright Royalties, which was introduced as a government effort to modernize economic rights protection in the digital era through the National Collective Management Institute (LMKN), has sparked significant controversy, particularly for micro, small, and medium enterprises (UMKM) and non-commercial public services. Through a normative legal approach, the analysis shows that this regulation goes beyond the delegation of Law No. 28 of 2014 concerning Copyright by expanding the objects of collection, blurring the boundaries between commercial and non-commercial use, and creating legal uncertainty and sociological injustice. In response, this study not only critiques but also offers a reformulation of the music royalty system within the framework of PP 56/2021. This study proposes a reformulation of the royalty system through three main pillars: (1) the application of the concept of "fair use" to create adaptive justice for UMKM; (2) modernization of the system using blockchain technology and AI for transparency and distribution efficiency; and (3) integration of mechanisms for protecting regional music as a cultural heritage. The vision of this reformulation is to create a fair, transparent, and sustainable royalty ecosystem that balances the economic rights of creators, the growth of UMKM, technological innovation, and cultural preservation.

Penerapan Sanksi Pidana terhadap Pelaku Judi Online Berdasarkan Undang-Undang Informasi dan Transaksi Elektronik di Kota Denpasar Rasman, Rasman; Hutauruk, Appe; Jaya, Setia
Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v2i2.497

This research aims to analyze the application of criminal sanctions against online gambling perpetrators based on the Electronic Information and Transactions Law (UU ITE) in the jurisdiction of the Denpasar Police (Polresta Denpasar). This normative-empirical legal research uses statutory and conceptual approaches. Data was collected through interviews with law enforcement officials and analysis of primary and secondary legal materials. The findings indicate that the proliferation of online gambling in Denpasar is driven by a confluence of economic pressures, technological accessibility, psychological addiction, social normalization, and weaknesses in supervision and law enforcement. In response, Polresta Denpasar implements a holistic strategy combining repressive, preventive, and collaborative measures. Repressive efforts focus on applying Article 27 paragraph (2) of the UU ITE, although challenges persist in reaching overseas operators and limited digital forensic capacity. Preventive actions involve public education on the dangers of gambling and the promotion of local cultural values. Collaborative synergy is established with institutions like the Ministry of Communication and Informatics (Kominfo) for site blocking and the Financial Transaction Reports and Analysis Centre (PPATK) for financial flow tracking. The study concludes that effective eradication requires an integrated approach beyond mere law enforcement, addressing root causes such as economic inequality and the dynamic nature of cybercrime

Enforcement of Business Order by the Municipal Police in Pulogadung District under Jakarta Regional Regulation No. 8 of 2007 on Public Order Manik, Martua; Hutauruk, Appe; Sihotang, Muhenri
Equality : Jurnal Hukum dan Keadilan Vol 2 No 2 (2025): Penegakan Integritas dan Kepastian Hukum dalam Kelembagaan dan Profesi Hukum di I
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v2i2.498

This study aims to analyze the implementation of public order enforcement on specific business establishments operating in public spaces by the Municipal Police (Satpol PP) in Polugadung District, based on Regional Regulation of the Province of DKI Jakarta Number 8 of 2007 concerning Public Order. The research employs a normative-empirical legal method with a qualitative approach. Data were collected through document analysis, in-depth interviews with Satpol PP officers, local government officials, and business actors, as well as field observations. The findings indicate that although Regional Regulation Number 8 of 2007 provides a comprehensive legal framework, its implementation by Satpol PP remains suboptimal. Law enforcement tends to be limited to administrative measures such as warning letters and symbolic fines, without escalation to judicial proceedings. Key obstacles include regulatory overlap, limited personnel and operational resources, economic pressures on the community, and a communication approach that lacks participatory engagement. To improve legal compliance, a holistic strategy is required combining consistent repressive enforcement with preventive efforts such as participatory legal education, provision of affordable legal business locations, licensing reform, and institutional capacity strengthening within Satpol PP.

Quo Vadis: The Welfare State in the Era of Dark Indonesia Hutauruk, Appe
Enrichment: Journal of Multidisciplinary Research and Development Vol. 2 No. 12 (2025): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v2i12.330

In principle, the duty of the state is not only to maintain the order and security of the people but also to strive so that every member of society can enjoy prosperity fairly and equitably. However, in the current political climate of Indonesia, development is primarily oriented toward infrastructure, often neglecting the welfare of the people and marginalizing certain community groups in favor of elite interests. This research employs a normative juridical approach using statutory, conceptual, and case analysis methods to examine the erosion of welfare state principles in Indonesia. The research is grounded in Welfare State Theory, Authority Theory, and Good Governance Theory to critically assess government policies and legal practices. The findings reveal a growing deviation from Pancasila values, with increasing inequality, weakened legal protection, and state alignment with oligarchic interests. These conditions have undermined the core ideals of justice and social welfare. The research concludes that without strong political will, legal reform, and commitment to public accountability, the vision of a welfare state will remain rhetorical. The limitations of this research lie in its reliance on normative analysis without empirical data, suggesting the need for further research incorporating public perspectives and quantitative measurements.

Law Under The Grip Of Power Hutauruk, Appe
Jurnal Indonesia Sosial Sains Vol. 6 No. 7 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i7.1816

The concept of the state of law is an idea that is considered the most ideal applied today in the context of a welfare state, although the concept is carried out with different perceptions and methods in each country in the world. The term "state of law" in Indonesian is often also translated as "rule of law" or "government based on law" in the sense that every behavior and policy of the government in making decisions must be based on the principle of legality and there should be no arbitrary actions that have the nuances of abuse of power and/or permeation of power. In the state of law, there is a strict restriction on the power of the government or the state that carries out the function of governance or state governance so as not to abuse power to oppress the people and amputate human rights as a basic right that is inherent in nature. In addition, so that the ruler's government as the dominant role holder does not give a special position to oligarchic groups that symbiosis manipulate law enforcement and undermine the democratic order to seize or maintain power hegemony. The essential principle in the state of law is that all people must be subject to the law equally based on the principles of equality and justice without discrimination. All people, both those who are ruled (people or citizens) and those who rule (rulers) in the interaction of the life of the nation and the state, are not immune to the law, in fact all without exception must submit and obey the applicable law according to the principle of equality before the law. The concept of the rule of law does not tolerate or even oppose totalitarian, dictatorial or fascist systems of government, nor against anarchist systems of government, which often treat the people arbitrarily in the name of power wrapped in the manipulation of law enforcement. In essence, the legal character produced in a democratic government under the concept of the state of law is responsive and accommodating. Likewise, the legal substance formulated in every law and regulation must reflect the recognition and respect for human rights. Human rights are one of the measures of law enforcement. But unfortunately the character of the law and the substance of the law in Indonesia are not realized at all because they are ignored by the rulers, in fact what happens is often that the law is applied according to the taste of the rulers, the principle of legality and the principle of equality before the law are only manipulative jargon because what happens in Indonesia is that the law is in the grip of power.

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