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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Mahasiswa Fakultas Hukum Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Rechtsidee Pembaharuan Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Morality :Jurnal Ilmu Hukum Jambura Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Nurani Hukum : Jurnal Ilmu Hukum Abdimas: Jurnal Pengabdian Masyarakat Universitas Merdeka Malang Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) Invest Journal of Sharia & Economic Law International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Baileo: Jurnal Sosial Humaniora Asian Journal of Management, Entrepreneurship and Social Science
Setiawan Noerdajasakti
Faculty Of Law Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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Legal Analysis of Reappointing Land Deed Officials (PPAT) After Imprisonment for Minor Crimes Parama Artha, Krisna Adi; Noerdajasakti, Setiawan
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i3.403

Abstract

Land Deed Officials (PPATs) have an important role in ensuring the legality of land transactions, which demands high standards of integrity and public trust. However, Article 10 paragraphs (3) and (4) of Government Regulation Number 24 Year 2016 only regulates sanctions for PPATs who are sentenced to five years or more, while there is no clear regulation regarding sanctions for PPATs who are sentenced to minor criminal penalties under five years. This creates a legal vacuum that has the potential to undermine public confidence in the PPAT profession and the land law system in Indonesia. This study aims to analyze the feasibility of PPATs who are sentenced to minor criminal penalties to return to office, as well as recommend revisions to regulations to fill the legal vacuum. The research method used is normative juridical with a statutory and conceptual approach, and uses primary and secondary legal materials. The results show that PPATs who have criminal records, even if they are minor, find it difficult to regain public trust and potentially tarnish the integrity of the profession. Therefore, a revision of regulations is needed to establish strict sanctions and maintain morality standards and public trust in the PPAT profession.
Prospects for the Application of Unexplained Wealth Order in the Forfeiture of Assets Proceeds of Corruption in Indonesia hakim, Ikhwanulhakim; Setiawan Noerdajasakti; Yuliati Yuliati
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1090

Abstract

This research focuses on discussing two things, namely (1) how the legal politics of regulating asset forfeiture for corruption crimes in Indonesia and (2) what are the prospects for applying the unexplained wealth order in asset forfeiture for corruption crimes in Indonesia. in this study it was found that: first, the legal politics of asset forfeiture for corruption crimes in Indonesia is still mainly oriented towards the process of asset forfeiture based on conviction, asset forfeiture can only be carried out if there is a judge's decision that is legally binding. However, if in the course of a criminal case there are difficulties in proof, the defendant dies in the judicial process, and after a court decision with permanent legal force it is known that there are assets or assets owned by the perpetrator that are the proceeds of crime, a civil lawsuit can be filed. however, it is different from the concept of unexplained wealth contained in the Criminal Asset Forfeiture Bill which has a broader dimension of civil filing.  And the filing of a civil lawsuit is not an alternative to the criminal justice process. Asset forfeiture lawsuits through the criminal process can be filed before, during and after criminal judgements, in order to avoid obfuscation and the disappearance and conversion of assets resulting from corruption crimes. Secondly, the prospect of implementing unexplained wealth in Indonesia has existed through the establishment and drafting of the Criminal Asset Forfeiture Bill. However, this bill is not equipped with the obligation to reverse the burden of proof, which is identical to the proof of ownership of assets contained in the Anti-Corruption Law. In the future, it is necessary to equalise the reversal of the burden of proof that should be carried out by the owner of the asset to facilitate the proof process and assist the legal apparatus.
Analysis Of The Urgency Of Euthanasia Regulation In Indonesia Fadhila, Kharisma Wulan; Noerdajasakti, Setiawan; Kurniaty, Rika
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 3 (2024): IJHESS DECEMBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i3.1425

Abstract

This study aims to discuss the urgency of regulating euthanasia in Indonesia. This study uses a type of normative legal research using research methods on laws and regulations, conceptual approaches and comparative legal approaches. The results of this study show that various arrangements for euthanasia in Indonesia are very embraced, to realize laws and regulations, not only in the field of criminal law, but also regulated in health law about euthanasia in accordance with the circumstances and situations that will occur in the future
Appraisal Team: Responsibility and Principle of Fairness in Determining the Value of the Auction Object Limit Muslim, Shohib; Noerdajasakti, Setiawan; Setyowati, Dewi; Siboy, Ahmad
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.7

Abstract

Appraisal service companies are entities tasked with determining the true value of wealth or property for various trade transaction purposes, but they currently face a range of economic and legal challenges. This study analyses the appraisal team's principles of justice and legal responsibility in setting the minimum bid value for auctioned collateral. Employing a normative legal research method, this research draws on statutory, conceptual and case approaches supported by primary legal material. The findings show that the appraisal team is legally responsible for the values they determine for collateral auctions, with the liability encompassing three main areas, including civil liability. If the team is proven to have violated the provisions of the auction as mentioned in PMK Number 228 / PMK.01 / 2019 concerning Public Appraisers, they may face administrative sanctions, such as written warnings, restrictions on certain appraisal services, suspension of permits, or permit revocation. Furthermore, the Government has provided legal protection to auction buyers with good faith who participate in auctions in compliance with applicable regulations. Fairness must be achieved and upheld through just procedures to ensure fair results, giving all parties equal standing and rights in the auction process.
Legal Consequences of Calculating State Financial Losses by Prosecutors in Corruption Crimes based on Decision Number: 69 K/Pid.Sus/2013 Sholeh, Achmad Rilyadi; Noerdajasakti, Setiawan
International Journal of Business, Law, and Education Vol. 5 No. 1 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i1.535

Abstract

State losses due to corruption are certainly detrimental to the country's economy. However, law enforcement against corruption crimes must still go through applicable legal procedures. Prosecutors do not have rules that specifically allow them to calculate and determine state losses. The research used is normative juridical. The research approach used is through legislation and cases. Based on Decision Number: 69 K/Pid-Sus/2013, it shows that the legal consequences of the calculation of state losses carried out by the prosecutor are the non-fulfillment of the element of harm to state finances or the non-fulfillment of formal requirements in terms of calculating state losses because it is not based on the calculation of institutions that have the authority and competence related to this matter, namely BPK or BPKP. The prosecutor in this case has violated the principle of legal certainty because it is out of the corridor of the applicable positive law.
THE URGENCY OF CRIMINALIZING SURROGATE MOTHER PRACTICES REVIEWED FROM INDONESIAN CRIMINAL LAW Putri Carera Santi Romauli Simamora; Prija Djatmika; Setiawan Noerdajasakti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2868

Abstract

The advancement of science goes hand in hand with the development of increasingly varied community needs, requiring the law to continue to be dynamic in order to keep pace with these developments. So that with the advancement of technology and the development of science in the health sector, it is hoped that it can help support the welfare and health of mankind. But in this case, the question arises whether Indonesian law has accommodated technological advances in the health sector, especially in terms of the implementation of surrogate mothers. In Indonesia, the regulation regarding the inability of surrogate mothers is still not explicitly regulated in the law so that it still seems vague, both in terms of its regulation and in terms of its sanctions. Using a normative legal research method, this study analyzes whether according to Indonesian positive law, the practice of surrogate mother can be criminalized.
A Proportional Sentencing Norms for Accomplices in Indonesian Corruption Cases: Norma Hukuman yang Proporsional untuk Pelaku Pendamping dalam Kasus Korupsi di Indonesia Ansori, Ansori; Sugiri, Bambang; Aprilianda, Nurini; Noerdajasakti, Setiawan
Rechtsidee Vol. 13 No. 1 (2025): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1046

Abstract

General Background: Corruption is an extraordinary crime requiring effective legal measures. Specific Background: In Indonesia, accomplices in corruption crimes receive the same punishment as principal offenders, raising concerns about fairness. Knowledge Gap: Current laws do not differentiate culpability levels, leading to potential injustices. Aims: This study examines the proportionality of sentencing norms for accomplices in corruption cases. Results: Findings show that equal sentencing contradicts proportional justice and creates legal inconsistencies. Novelty: The study highlights conflicts between the Anti-Corruption Law and the Criminal Code, advocating for reform. Implications: Policy adjustments are needed to align sentencing with justice principles, ensuring fairness in anti-corruption enforcement. Highlights: Unequal Punishment: Accomplices receive the same sentence as principal offenders, raising fairness concerns. Legal Inconsistency: The Anti-Corruption Law conflicts with the Indonesian Criminal Code on culpability. Policy Reform Needed: Sentencing should align with proportional justice to ensure fairness in law enforcement. Keywords: Proportionality, Accomplices, Offence
Criminalization of Lesbian, Gay, Bisexual and Transgender (LGBT) Behavior in Indonesia from the Perspectives of Maqashid Shari'ah and Utilitarianism Al Fikri, Badrus Zaman; Chanifah, Nur; Noerdajasakti, Setiawan
International Journal of Business, Law, and Education Vol. 6 No. 1 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i1.1137

Abstract

This study aims to analyze the formulation of legal regulation for the criminalization of LGBT sexual behaviour in Indonesia through the perspectives of Maqashid Syari'ah and Utilitarianism. In a country with a Muslim-majority population, the LGBT phenomenon frequently raises a conflict between human rights protection and religious values. Using a normative juridical approach, this study examines legislation, legal theories, and relevant secondary data. Findings indicate that there is no explicit national regulation criminalizing LGBT behaviour. The Maqashid Syari'ah perspective emphasizes the protection of five fundamental principles: religion, life, intellect, lineage, and property. Meanwhile, Jeremy Bentham's Utilitarianism asserts that legal policy should maximize societal benefit. The study concludes that integrating these two approaches provides a balanced foundation for criminal policy formulation that upholds moral values and public interest without compromising justice and human rights.
CAPITAL PUNISHMENT IN THE PERPECTIVE OF NON DEROGABLE RIGHTS Noerdajasakti, Setiawan
Brawijaya Law Journal Vol. 3 No. 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.00301.01

Abstract

Capital punishment is still exist as one of kind punishments in Indonesia. The existence of capital punishment is based on the Penal Code and other laws. On the other hand, however, according to Constitution 1945, MPR Decree Number XVII/MPR/1988 on Human Rights and Law Number 39 / 1999 on Human Rights, the right to live cannot be limited under any circumstances (non derogable). Capital punishment and the right to live as the right that cannot be limited under any circumstances (non derogable) are contradictive. This contradiction results a conflict of norm between legislations that legalize the existence of capital punishment and legislations that legalize the existence of the right to live. Solutions should be resulted to solve the conflict of norms.
Disharmony of Norms and Application of Punishment of Perpetrators of Assisting (Medeplichtige) Corruption Crimes in Indonesia Ansori, Ansori; Sugiri, Bambang; Aprilianda, Nurini; Noerdajasakti, Setiawan
Nurani Hukum Vol 8, No 1 (2025): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v8i1.31467

Abstract

This study investigates the legal disharmony and uncertainty surrounding punishment for those who assist in corruption crimes in Indonesia. Currently, there's a conflict between the Criminal Code, which imposes a one-third lighter sentence for accomplices, and the Anti-Corruption Law, which threatens them with the same punishment as the main perpetrator. This normative inconsistency often leads to disparate and disproportionate sentencing, with some accomplices receiving harsher punishments than the main offenders, despite their lesser role. The novelty of this research is its exploration of this specific legal conflict and its impact on judicial outcomes. Addressing this issue is urgent to ensure fairness and legal certainty in corruption cases. This research's will contribute toward proposed reconstruction of the punishment norms for accomplices, based on the principle of proportionality, to reduce inconsistencies and prevent unjust disparities in sentencing.
Co-Authors Abdul Madjid Abdul Madjid Abdul Madjid Abdul Madjid Abdul Majid Achmad Rilyadi Sholeh Ahmad Siboy Al Fikri, Badrus Zaman Ansori, Ansori Aria Perkasa Utama Ariyanto, Oos Arrum Maryana Azna Abrory Wardana Bambang Sugiri Bodro Aji Negoro Budimansyah David Mangaraja Lumban Batu Dewi Setyowati Fachrizal Afandi Fadel Ilato Fadhila, Kharisma Wulan Faizin Sulistio Faizin Sulistio Faizin Sulistio Fatwa Azis Wicaksono Fransisco, Fransisco G. Gunawan Geraldo Gracelo Mario Situmeang hakim, Ikhwanulhakim Halim, Darrell Putra Herman Suryokumoro Heru Cahjono Heru Cahjono Hidayat, Jeffarel Intan Khoirun Nisa' Iwan Permadi Jessyca Fatmawaty Hutagalung Joko Cahyono Kiki Kristanto Kristanto, Kiki Kurniaty, Rika Laksono Trisnantoro Lucky Endrawati Milda Istiqomah Milda Istiqomah Mugopal, Undang Muhammad Hanif Ramadhan Muhammad Najih Vargholy Muslim, Shohib Nugraha Ardi Setiawan Nur Chanifah Nurini Aprilianda Pakpahan, Alman P. Parama Artha, Krisna Adi Prija Djatmika Prija Djatmika Prija Djatmika Prija Djatmika Putri Carera Santi Romauli Simamora Rachmad Safa’at Ramadhani, Defi Sri Sunardi Rieya Aprianti Satriya Nugraha Sholeh, Achmad Rilyadi Solehuddin Solehudin Sugiri, Bambang Sugiri, Bambang Sulistio , Faizin Tubagus Heru Dharma Wijaya Yuliati Yuliati Zaldi Nasrudin Zhafirah, Carissa Tita