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All Journal JURNAL HUKUM Jurnal Akta JUSTITIA JURNAL HUKUM Jurnal Ius Constituendum Unes Law Review JUSTISI UNTAG Law Review JHR (Jurnal Hukum Replik) Jurnal Surya Kencana Dua: Dinamika Masalah Hukum & Keadilan JUDGE: Jurnal Hukum Journal of Law Justice ACADEMOS Jurnal Hukum dan Tatanan Sosial Media of Law and Sharia Truth De Journal KANUN: JURNAL ILMU HUKUM
Dwi Pratiwi Markus, Dwi
Universitas Muhammadiyah Sorong
Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Tinjaun Hukum Bagi Anak Yang Dilahirkan Di Luar Perkawinan Menurut Adat Suku Tehit Markus, Dwi Pratiwi; Lestaluhu, Rajab
JUSTISI Vol. 9 No. 1 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i1.1957

Abstract

Marriage in the view of Article 26 of the Civil Code is only limited to civil relations. This means a relationship that only involves one person in terms of the outer bond between a man and a woman and is separated from spiritual or religious elements. In contrast to the case with customary law in general, Indonesia views marriage as a kinship bond of neighbours. Children outside of marriage are still a child who will live together as a family in society, so that they have the same protection rights as a child born in a legal marriage, even if in a legal marriage. In certain contexts, children outside marriage are considered a despicable event in people's lives. This research is empirical research, namely legal research by using field data as primary data sources, such as the results of interviews, observations and documentation. Then it is supported by secondary data, namely articles, journals and previous research. The results of this study indicate that: 1). The position of children born out of wedlock according to the Tehit Tribe and Positive Law Children born outside only have a relationship with their mother and their mother's family. 2). Legal protection for children out of wedlock in terms of the Tehit Tribe and positive law A woman and her child are given the opportunity by law to prosecute and fight for the rights of children out of wedlock to have a civil relationship with their father.
Resolution Effort of Electricity Theft Crimes at PLN UP3 Sorong Saiful HMH; Dwi Pratiwi Markus; Muh Akhdharisa SJ; Mohammad Belayet
JUSTISI Vol. 10 No. 3 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i3.3366

Abstract

This study aims to investigate the impact of electricity theft on PLN and the state and analyze the out-of-court resolution system for electricity theft by PT PLN UP3 Sorong Branch. The method used is an empirical juridical approach focusing on case analysis and field data. The results showed that PLN uses the additional bill, Tagihan Susulan (TS) as the fine, as an out-of-court resolution for electricity theft cases. However, there is an option to settle through the court if the customer objects. Although the number of cases is decreasing, challenges in addressing the problem of electricity theft still exist, and its resolution requires a holistic approach that considers the principles of justice and applicable law. In conclusion, electricity theft violates the law that must be addressed effectively to maintain the sustainability of the electricity sector and justice for all parties involved.
Implementasi Hukum Lalu Lintas dalam Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan Andilolo, Jhordyan Pakiding; Tuasikal, Hadi; Markus, Dwi Pratiwi
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2135

Abstract

This research aims to analyze the implementation of traffic laws regulated in Law Number 22 of 2009 concerning Road Traffic and Transportation in Indonesia. The methodology used is normative juridical research which involves analysis of normatively applicable laws to understand their implementation in a wider context. The relevance of this research lies in the need to identify the effectiveness of the implementation of the Law, the level of public compliance with traffic rules, the performance of law enforcement officers, as well as the factors that influence the effectiveness of traffic law enforcement in Indonesia. This research contributes in the form of an in-depth understanding regarding the implementation of traffic laws in Law Number 22 of 2009, by highlighting aspects of safety, compliance and law enforcement. The research results show the implementation of traffic laws through consistent enforcement of rules, effective handling of violations, and cross-sector cooperation can improve traffic security and order. Recommendations for this research include increased outreach and education to the community, stricter law enforcement, regular evaluation of the performance of law enforcement officers, as well as investment in improving road infrastructure. In conclusion, the implementation of traffic law in Law Number 22 of 2009 in Indonesia has a significant impact on the safety of road users and improving traffic quality. With a holistic approach and cross-sector collaboration, it is hoped that a traffic culture that is good, safe, orderly and adheres to the rules can be created in society.
Implementation of Sanctions for Violations of Coral Reef on Protection Laws Surandi Woong Arya; Dwi Pratiwi Markus; Muhammad Ali
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i1.37362

Abstract

This study aims to analyze law enforcement against coral reef destruction in the waters of Raja Ampat Regency, with a focus on improving the quality of law enforcement resources, especially the Water Police Unit. The approaches used include normative legal and empirical legal approaches with descriptive-analytical methods. The research data consists of primary data obtained through interviews and secondary data from literature reviews and documentation. The results of the study show that legal norms related to coral reef protection have strict sanctions for violations. Law enforcement efforts are carried out through supervision, application of sanctions, and socialization to the community regarding the impact of destroying marine ecosystems as a criminal act. This study highlights the importance of the active role of all elements of society, including parents, in supporting the development of public security and order. This study uses a collaborative approach between law enforcement officers and the community to create legal awareness and improve the effectiveness of marine ecosystem protection in the waters of Raja Ampat. This approach strengthens the role of local culture as a means of education and supervision, creating a more adaptive and sustainable law enforcement model.
Analysis of Legal Protection for Tokopedia Consumer Data in Data Leakage Cases in Indonesia La Sirajuddin; Dwi Pratiwi Markus
Journal of Law Justice (JLJ) Vol. 4 No. 1 (2026): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v4i1.5199

Abstract

The aim of this study is to examine the strength of legal protection for Tokopedia customers' personal data following the leak of 91 million accounts in May 2020, as well as to explain Tokopedia's obligations and responsibilities as a data controller under PDP Law 27/2022, UUPK 8/1999, ITE Law 11/2008, PP 71/2019, and the breach of contract provisions of Article 1234 of the Civil Code. This study uses a normative legal approach, which involves examining written regulations through laws, scientific journals, and official reports from the Ministry of Communication and Information Technology, then analyzing them conceptually and comparing them to assess legal certainty, fairness, and benefits for the community. The novelty of this research lies in combining classical civil law (breach of contract in the Civil Code) with new regulations in the PDP Law to assess Tokopedia's responsibility as a private PSE in the case of the leak of 91 million accounts, something that is still rarely discussed comprehensively in Indonesian literature. The results of the study show that the rules on personal data protection are actually quite strong on paper, but their implementation is still weak because Tokopedia has not maximized its assessment of data protection, encryption, and incident reporting; the public's level of understanding of their personal data rights is still low; and the government's response has only been in the form of warnings, so there is still the possibility of administrative sanctions, fines, or criminal penalties being imposed based on the PDP Law and the ITE Law. The conclusion of the study emphasizes the need to strengthen personal data protection through mandatory information security standards such as ISO 27001, the application of the principle of privacy by design from the outset of system design, the provision of features (dashboards) for rapid data deletion, increased public education, and better coordination between Kominfo, OJK, and the PDP Council so that e-commerce transactions in Indonesia are safer for hundreds of millions of users.
Digital Governance and the AUPB: A Legal Analysis of the Implementation of the SIPD in Raja Ampat Fenita Malendes; Dwi Pratiwi Markus; Anggun Kirana
JUSTISI Vol. 12 No. 2 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i2.5296

Abstract

This study aims to analyze the implementation of the Local Government Information System (SIPD) in local financial management in Raja Ampat Regency. The method used is an empirical-juridical approach, analyzing the relationship between the legal norms governing the SIPD and the reality of its implementation in the field. The novelty of this study compared to previous research lies in the analysis of the implementation of the Local Government Information System (SIPD) in the Raja Ampat archipelago using the Principles of Good Governance (AUPB) as an evaluation framework within the study of administrative law. The findings indicate that although the Raja Ampat Regency Government has fulfilled its normative obligations in implementing the SIPD across the entire cycle of regional financial planning and management, the effectiveness of its implementation remains hindered by limited internet connectivity, national server disruptions, low human resource capacity, and resistance to digital transformation factors that collectively result in a significant deviation between “law in the books” and “law in action.” The AUPB analysis reveals that the principles of legal certainty, accuracy, efficiency, effectiveness, transparency, and justice have not been optimally fulfilled. The conclusion of this study emphasizes the need for policies that are more adaptive to the geographical characteristics and institutional capacities of island regions, including the strengthening of digital infrastructure and the continuous improvement of civil servants’ technical competencies.
PERLINDUNGAN HUKUM DATA PRIBADI APARATUR SIPIL NEGARA DALAM PENYELENGGARAAN SISTEM PEMERINTAHAN BERBASIS ELEKTRONIK DI INDONESIA Wafom, Alfiandri; Markus, Dwi Pratiwi
Truth de Journal Vol. 3 No. 1 (2026): Truth de Journal
Publisher : Program Studi Hukum, Universitas Muhammadiyah Sukabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37150/ht7jnj71

Abstract

Digital transformation through the Electronic-Based Government System has expanded the practice of managing personal data of State Civil Apparatus by government agencies. These developments encourage efficiency, transparency, and accountability of public services, but at the same time pose a risk of leakage, misuse, and weak personal data protection guarantees. The existence of Law Number 27 of 2022 concerning Personal Data Protection has an important meaning as a normative basis for the protection of personal data of State Civil Apparatus in the implementation of electronic-based government. This study aims to analyze the legal framework for the protection of personal data of the State Civil Apparatus in the management of the Electronic-Based Government System and examine the legal responsibilities of government agencies as data controllers. The method used is normative law with a legislative text approach through literature studies of primary, secondary, and tertiary legal materials that are analyzed qualitatively by systematic, grammatical, and teleological interpretation methods. The results of the study show that Law Number 27 of 2022 provides preventive legal protection through the principles of transparency, accountability, and data minimization, as well as repressive legal protection through administrative and criminal sanctions. Government agencies bear comprehensive legal responsibilities in ensuring the security and confidentiality of personal data of State Civil Apparatus.
TOWARD A TRIPARTITE COORDINATION FRAMEWORK FOR INDONESIA’S COASTAL RESOURCE MANAGEMEN Anggun Kirana; Yohanis Fransiskus Tahoba; Dwi Pratiwi Markus
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 2: August 2026: Constitutional Law and Global Development
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i2.1833

Abstract

Indonesia’s coastal governance shows a normative vacuum after Law 23/2014 shifted coastal resource management to provincial level without establishing coordination among field-level oversight actors. This gap has not been examined for Polsus PWP3K. The study analyzes Polsus PWP3K’s operational effectiveness post-shift and the tripartite coordination among Polsus PWP3K, the BLUD for Conservation Area Management, and Pokmaswas in Raja Ampat’s conservation governance. Employing a normative-empirical approach, it blends doctrinal analysis with field observations of coordination practices, evaluated through Soerjono Soekanto’s legal effectiveness theory. Findings reveal that the lack of an explicit tripartite coordination norm creates a legal vacuum weakening governance and enforcement capacity, worsened by institutional misalignment from the authority transfer. Field data show the Sasi customary system functioning as a de facto oversight instrument, highlighting the strength of legal culture as a key effectiveness factor in Soekanto’s framework. However, its absence of formal juridical recognition prevents it from substituting state enforcement against external violators. The article’s central contribution is to propose formalizing the Sasi system, via a Provincial Regulation of Papua Barat Daya binding all three actors, rather than creating a new bureaucratic mechanism. This article contributes to be a reference of other provinces in settling such discrepancy.
Co-Authors Ali , Muhammad Amin Purnawan Andilolo, Jhordyan Pakiding Anggun Kirana Aru , Demianus Arya, Surandi Woong Fenita Malendes Hadi Tuasikal Iim Abdul Hosim Islamiaty, Nurul Kartikojati, Yulius Kristin, Nonce Kristin Gaman La Sirajuddin Lobo, David Mahmudah, Masrifatun Masrifatun Mahmudah Mohammad Belayet Muh Akhdharisa SJ Muhammad Akbar MUHAMMAD ALI Muhammad Ali Muhammad Ilham Natalia Putri Dobonsolo Paus Paus, Subaida R.S. Rakia, A. Sakti Rajab Lestaluhu Sagisolo, Thonce Saiful HMH Setiawan, Ekha Agung Simanjuntak, Kristi W Sri Yati Suparto Suparto Surandi Woong Arya Tuasikal, Hadi Wafom, Alfiandri Wahab Aznul Hidaya Yohanis Fransiskus Tahoba