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Gokma Toni Parlindungan S
Universitas Sumatera Barat
Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mechanical Engineering Neuroscience Public Health Social Sciences Other

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The State's Obligation to Protect Children's Rights Under National and International Law Miasiratni; Sri Agustini; Gokma Toni Parlindungan
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/a3tq5212

Abstract

The state's obligation to protect children's rights is not only based on national law but must also be in line with international commitments. The aim of the research is to analyze the extent to which the state fulfills its responsibilities in ensuring the protection of children's rights in accordance with international provisions, such as the Convention on the Rights of the Child (CRC), and national regulations, such as the Child Protection Law in Indonesia. The research method used is a normative juridical approach with analysis of legal documents, statutory regulations, and literature studies. The research results show that although the international legal framework has been adopted into national law, its implementation still faces various obstacles, including a lack of inter-institutional coordination, limited resources, and a lack of public understanding of children's rights. This journal recommends strengthening national regulations and increasing institutional capacity to ensure more optimal protection of children's rights.
Legislasi Darurat Dan Partisipasi Publik: Antara Kebutuhan Kecepatan Dan Prinsip Keterbukaan Gokma Toni Parlindungan S; Salamiah Muhd Kulal
Journal of Global Legal Review Vol. 4 No. 1 (2026): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v4i1.580

Abstract

The formulation of laws and regulations during emergencies often places the state in a dilemma between the demands for speedy policymaking and the fulfillment of the principles of openness and public participation. The responsive and rapid nature of emergency legislation often results in the marginalization of the public's right to meaningful participation in the law-making process. Public participation is a fundamental element of a democratic state governed by the rule of law and has been constitutionally reinforced through various Constitutional Court decisions and the provisions of Law Number 13 of 2022 concerning the Formation of Legislation. This article aims to analyze the urgency of public participation in emergency legislation and examine the constitutional limitations on using the excuse of a state of emergency as justification for the formation of closed regulations. This research uses a normative juridical method with a statutory, conceptual, and decision study approach. The results show that the need for speed in emergency legislation cannot be used as a basis for eliminating the principles of openness and public participation. Instead, public participation must be accommodated proportionally and adaptively as a mechanism for controlling power and as a means of legal legitimacy. Therefore, strengthening the design of public participation in emergency conditions is an important prerequisite for maintaining the quality of legislation, protecting citizens' constitutional rights, and upholding the principles of a democratic state based on law.
Criminalization in Regional Regulations: An Analysis of the Formulation of Penal Provisions Based on Law Number 13 of 2022 widya yoseva; Sistri Wahyuni; Gokma Toni Parlindungan S
International Journal of Law Policy and Governance Vol. 5 No. 1 (2026)
Publisher : Asosiasi Dosen Peneliti Ilmu Ekonomi dan Bisnis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54099/ijlpg.v5i1.1886

Abstract

This study aims to analyze the formulation of criminal provisions in Regional Regulations (Peraturan Daerah) following the enactment of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 on the Formation of Laws and Regulations. The study examines the legal basis, limitations, and principles governing the criminalization process within regional legislation. This research employs normative juridical methods using statutory, conceptual, and comparative approaches. The legal materials consist of primary, secondary, and tertiary legal sources analyzed through qualitative legal interpretation. The study finds that the authority of Regional Governments to formulate criminal sanctions in Regional Regulations is not absolute and must comply with the principles of legality, proportionality, and legal certainty as stipulated in Law Number 13 of 2022. The inclusion of criminal provisions in Regional Regulations should be based on clear delegation of authority, avoid overcriminalization, and align with national criminal law policies and the protection of human rights. This research offers a contemporary analysis of the criminalization policy in Regional Regulations after the enactment of Law Number 13 of 2022 and proposes a conceptual framework for the formulation of regional criminal provisions that are harmonized with the national legal system and constitutional principles.
A Study on: Implementation of Legal Philosophy Values Information Regional Regulations in Indonesia: A Study on: Implementation of Legal Philosophy Values Information Regional Regulations in Indonesia Gokma Toni Parlindungan S; Salamiah Muhd Kulal; Dorris Yadewani
International Journal of Law Policy and Governance Vol. 5 No. 1 (2026)
Publisher : Asosiasi Dosen Peneliti Ilmu Ekonomi dan Bisnis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54099/ijlpg.v5i1.1695

Abstract

The purpose of this study is to analyze the application of legal philosophy values in the formation of regional regulations in Indonesia, as well as to examine the suitability between legal philosophy values and regional regulations that have been formed. This study uses a descriptive analytical research type with a normative legal approach method. Research data were obtained from primary, secondary and primary legal materials. Data collection techniques were carried out qualitatively. The results of the study indicate that the application of legal philosophy values in the formation of regional regulations in Indonesia is still not optimal. This is due to several factors, such as a lack of understanding of the values of legal philosophy among regional regulation makers, minimal community participation in the process of forming regional regulations, and weak law enforcement. This study has limitations in its focus on the application of legal philosophy values and a lack of analysis of the impact of regional regulations that do not follow these values.
The effectiveness of the exoneration clause in the terms and conditions (Terms of Service) of the E-Commerce platform on the Protection of Digital Consumer Rights Mahliyanti Adelia Warman; Gokma Toni Parlindungan S; Amanda Bherlyana Putri
Journal of Creative Power and Ambition (JCPA) Vol. 4 No. 02 (2026): Journal of Creative Power and Ambition (JCPA)
Publisher : CV Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/jcpa.v4i02.1723

Abstract

The effectiveness of the exoneration clause in the terms and conditions (Terms of Service) of the E-Commerce platform on the Protection of Digital Consumer Rights
Co-Authors Aisyah Aisyah Amanda Bherlyana Putri Arben, Ali Arika, Andri Arisma, Tasya Fazira Bur, Suhatri Darmini Roza Darsono, Rio Dini Qurata Ayuni Dini Qurrata Ayuni Doni Eka Putra Dorris Yadewani Dorris Yadewani Efendi, Syafril Erniwati Erniwati Erniwati Erniwati Fatia, Azaria Ghunarsa Sujatnika Januar, Ridwan Panasuri Kapoor, Rishi Khadafi Abdullah, Mhd. Mahliyanti Adelia Warman Mahliyanti Adelia Warman Miasiratni Miasiratni Miasiratni Michael Manarov Gultom Mulyadi , Didi Nabilla Amanda Putri Pamulyadi , Pamulyadi Prihatini, Farida Puthi Dwi Untari Putri, Selvi Kurnia Ramadayanti, Sari Reni Wijaya, Reni Renti Ahmalia Rohma Sari Safardi, Safardi Salamiah Muhd Kulal Saputra, Ronaldo Jus Sistri Wahyuni Sri Agustini Sri Agustini Suci Nurjannah Yuansyah Suci, Anisa Mutiara Suganda, Yohana Widya Yoseva