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All Journal Jurnal Ilmu Hukum Tambun Bungai Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Eduvest - Journal of Universal Studies
Hilyatul Asfia
Universitas Palangka Raya
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Social Sciences Other

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LEGAL ANALYSIS OF THE RESPONSIBILITY OF ONLINE TRANSPORTATION SERVICE PROVIDERS IN PROTECTING CONSUMERS WHO EXPERIENCE ACCIDENTS Joan Yaspedo Purba; Andika Wijaya, Hilyatul Asfia; Hilyatul Asfia; Joanita Jalianery
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 3 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20587749

Abstract

Online transportation services in Indonesia offer access to very easy transportation features, this poses a significant risk that worsens the guarantee of consumer protection. Even though the standards that must be achieved through a second analysis of three reasons: feasibility, governance, and the principle of accountability, if a violation occurs, what should consumers do. Through careful analysis, a dissection of the rules can be carried out because strict responsibility in Law Number 8 of 1999 concerning Consumer Protection provides a general legal umbrella in Article 4 paragraph (1) which states that consumers have the right to comfort, security, and safety when using goods and/or services. However, the law has not specifically regulated the legal relationship between application providers, drivers, and consumers in the context of online services.
Synergy of Inclusive Groups as An Effort to Resolve Identity Politics in Elections Hilyatul Asfia; Putri Fansiska Purnama Pratiwi
Jurnal Ilmu Hukum Tambun Bungai Vol 8 No 1 (2023): June 2023
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v8i1.242

Abstract

The practice of identity politics by exploiting the issue of SARA in the 2019 simultaneous election contestation has damaged the essence of democracy. This raises problems that threaten the unity and integrity of the Indonesian nation so it has implications for constituents in exercising their right to vote. Factors of diversity, structure and legal culture that are still weak are the main problems that demand to be resolved. This research focuses on efforts to gather and strengthen inclusive groups, namely active participation by the government, mass media, students and the community through a series of strategic steps in carrying out their functions. This study uses a type of normative research with secondary data types. Based on a philosophical, statutory and conceptual approach. From the research conducted, it was found that the synergy of internal (government) and external (community) roles based on the legal system in an inclusive manner is a step to overcome and resolve the problem of using SARA issues in attracting the votes of sympathizers, to create quality democracy.The practice of identity politics by exploiting the issue of SARA in the 2019 simultaneous election contestation has damaged the essence of democracy. This raises problems that threaten the unity and integrity of the Indonesian nation so it has implications for constituents in exercising their right to vote. Factors of diversity, structure and legal culture that are still weak are the main problems that demand to be resolved. This research focuses on efforts to gather and strengthen inclusive groups, namely active participation by the government, mass media, students and the community through a series of strategic steps in carrying out their functions. This study uses a type of normative research with secondary data types. Based on a philosophical, statutory and conceptual approach. From the research conducted, it was found that the synergy of internal (government) and external (community) roles based on the legal system in an inclusive manner is a step to overcome and resolve the problem of using SARA issues in attracting the votes of sympathizers, to create quality democracy.
Juridical Review of Conditional Punishment for Perpetrators of Petty Crimes in Indonesia Margaret Thatcher L; Achmad Adi Surya G.S; Hilyatul Asfia
Eduvest - Journal of Universal Studies Vol. 6 No. 1 (2026): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v6i1.52373

Abstract

This study discusses the use of conditional punishment for people who commit minor crimes in Indonesia, with a focus on child protection as part of the juvenile criminal justice system. Parole is considered a form of restorative justice that not only emphasizes punishment, but also focuses on rehabilitation, education, and social reintegration of the perpetrator. This study discusses case number 6/Pid.Sus-Anak/2025/PN PSW which is a real example of the application of conditional punishment to children involved in acts of minor violence. The imposition of a conditional sentence is based on the perpetrator's age, psychological condition, support from family, and the good attitude shown by the perpetrator. This study uses a normative method by collecting secondary data from legal regulations, legal doctrines, and related court decisions. The results of the study show that conditional sentences are able to avoid the negative impact of detention while providing opportunities for perpetrators to improve themselves in a supervised manner. By applying the principle of "best interest of the child", the juvenile justice system emphasizes the restoration and protection of children's rights. In addition, supervision involving families and communities is an important factor in the successful implementation of conditional punishment as a form of restorative justice. This paper helps contribute to the development of criminal law to be fairer and better, especially for children involved in legal issues, and encourages law enforcement and policymakers to continue to increase the use of conditional criminal mechanisms in Indonesia's criminal justice system.
The Problem of Interpreting the Defense of Compulsory (Noodweer and the Defense of Compulsory Exceeding the Limits (Noodweer Excess) in the Indonesian Criminal Legal System Nur Saleha; Kiki Kristanto; Hilyatul Asfia
Eduvest - Journal of Universal Studies Vol. 6 No. 3 (2026): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v6i3.52391

Abstract

The legislation contains several articles that seem ambiguous and even unclear in their intent, requiring further interpretation. This study aims to analyze noodweer  and noodweer  excess in the Indonesian criminal law system and the limits in the use of noodweer  and noodweer  excess in the Indonesian criminal system. This research is a type of normative juridical research, with data sourced from primary and secondary sources. Data were collected through literature studies and analyzed using deductive methods. The results of this study describe the emergence of a sense of injustice in society; legal certainty becomes unclear and disrupts the realization of legal objectives, and the risk of human rights violations arises. This is caused by the deep disparity in the imposition of sanctions on similar cases, both in the charges and the positioning of the case. As for the limitations in the use of noodweer  and noodweer  excess in the Indonesian criminal system, it is the formulation of a single limitation in understanding what the limits of noodweer  and noodweer  excess are, departing from the elements in Article 49 paragraph (1) and paragraph (2) of the Colonial Criminal Code and Articles 34 and 43 of the National Criminal Code. These criteria can be achieved through the revision of legislation or the preparation of Sentencing Guidelines or Sema (Supreme Court Circular Letter).
Legal Protection for Journalists in Defamation Cases Billy Valentino Pihawianu Sinulingga; Yurika Fahliany Dewi; Hilyatul Asfia
Eduvest - Journal of Universal Studies Vol. 6 No. 2 (2026): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v6i2.52794

Abstract

This research aims to analyze legal protection for journalists in Indonesia by reviewing the normative conflict between the Information and Electronic Transactions (ITE) Law and the Press Law, using the Palangka Raya District Court Decision Number 108/Pid.Sus/2019/PN Plk as a case study. The study employs a normative juridical method with a library research approach, examining legislation, court decisions, and relevant literature. The findings indicate the presence of a normative conflict between the Press Law, which provides dispute resolution mechanisms through the right of reply and mediation by the Press Council, and the ITE Law, which prescribes imprisonment of up to four years for defamation. Data show that fourteen journalists were reported under the ITE Law during the 2019–2021 period due to inconsistent understanding among law enforcement officials, weak implementation of the Memorandum of Understanding (MoU) between the National Police and the Press Council, and subjective interpretation of the element “without rights” under the ITE Law. The acquittal of journalist Yundhi Satrya Siman applied the legal principle of lex specialis derogat legi generali, prioritizing the Press Law as the applicable special regulation. The study formulates criteria for distinguishing protected journalistic activities, which include actions conducted by registered journalists, adherence to the journalistic code of ethics, orientation toward the public interest, and publication through an authorized press company.
CRIMINAL LIABILITY ANALYSIS FOR ILLEGAL TRADE IN PROTECTED WILDLIFE (KASONGAN PN DECISION NUMBER 48/PID.B/LH/2019/PN KSN) Ifa Lorenza; Aristoteles; Hilyatul Asfia; Kiki Kristanto
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 3 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19080563

Abstract

The illegal trade in protected wildlife constitutes a form of environmental crime that poses serious threats to biodiversity conservation and ecosystem balance. Indonesia, as a country with one of the highest levels of biodiversity in the world, faces significant challenges in enforcing the law against persistent wildlife trafficking practices. This study aims to analyze the legal framework and the application of criminal liability for perpetrators of illegal trade in protected wildlife, as reflected in the Decision of the Kasongan District Court Number 48/Pid.B/LH/2019/PN Ksn. The research employs a normative legal method using a statutory approach and a case approach. The findings indicate that the regulation of protected wildlife trade in Indonesia has been comprehensively established through Law Number 5 of 1990, reinforced by Law Number 32 of 2024, with Government Regulation Number 7 of 1999 serving as its implementing regulation. The analysis further shows that criminal liability is imposed on the offender on an individual basis, based on the fulfillment of criminal elements in the form of intentional trading of protected wildlife without the required authorization. However, the sentence imposed in the case is relatively lenient when compared to the maximum penalties specified by law. This situation reflects a gap between normative legal provisions and sentencing practices, which may undermine the effectiveness of law enforcement and the achievement of sustainable wildlife protection objectives.
Co-Authors Achmad Adi Surya G.S Andika Wijaya, Hilyatul Asfia Aristoteles Billy Valentino Pihawianu Sinulingga Ifa Lorenza Joan Yaspedo Purba Joanita Jalianery Kiki Kristanto Margaret Thatcher L Nur Saleha Putri Fansiska Purnama Pratiwi Yurika Fahliany Dewi