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Evaluating the Fairness of Police Discretion in the Resolution of Traffic Cases Syahtama, Dany; Putri, Hanuring Ayu Ardhani; Aini, Firstnandiar Glica
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.387

Abstract

The discretionary authority of the Indonesian National Police (Polri) serves as a critical instrument in handling traffic-related criminal cases. Nevertheless, its implementation frequently raises debates concerning legal boundaries, accountability, and the consistency of field practices. This study aims to analyze the legal foundations and normative regulations governing police discretion and to examine the forms and mechanisms of its implementation at the Sragen Police Resort. Employing an empirical juridical method supplemented with normative analysis and in-depth interviews with investigators, the study finds that police discretion rests on a strong legal framework, including Law No. 2 of 2002, the Criminal Procedure Code (KUHAP), and the Law on Road Traffic and Transportation (UULAJ). However, its practical application is significantly shaped by legal considerations, social context, and the judgment of individual investigators. A Restorative Justice approach emerges as the dominant model in resolving traffic cases. The study concludes that discretion functions effectively as a tool for achieving substantive justice, although more standardized technical guidelines are required to ensure greater uniformity and accountability in law enforcement practices.
Pengenaan Pidana bagi Saksi Pemberi Keterangan Palsu dalam Sistem Hukum Pidana Yudi Yudi; Nourma Nourma; Firstnandiar Firstnandiar
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1667

Abstract

One of the problems in the judicial system is the provision of false testimony in court. This not only hinders the process of investigating the truth but can also be detrimental to the parties involved, including undermining public trust in the judicial system. Therefore, a witness in a criminal case is required to report what they saw, knew, and heard under oath. The purpose of the trial is to discover the material truth, that is, the truth that actually occurred, in order to achieve justice. As stipulated in Article 242 of the Criminal Code, this act is a criminal offense. In addition to being repressive, enforcing criminal penalties against witnesses who provide false testimony is evidence of an effort to uphold the law and maintain the integrity of the judicial process. The method used is descriptive with a normative juridical research approach. If a witness is proven to have given false testimony, they will be subject to criminal penalties as stipulated in the Criminal Code. Therefore, it is crucial in a trial process to present witnesses whose testimony is credible and whose testimony is believed to be truthful.
Analisis Keabsahan Perjanjian Pengikatan Jual Beli Tanah yang Dibuat di Bawah Tangan Menurut KUHPerdata Bintang Rahmawati; Suparwi Suparwi; Firstnandiar Glica Aini Suniaprily
Jurnal Hukum Lex Generalis Vol 6 No 9 (2025): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i9.2459

Abstract

Before land ownership is transferred through an authentic deed legalized before a Land Deed Official (PPAT), a sales and purchase agreement (PPJB) is often used as the initial agreement. In reality, PPJBs are often made privately rather than before a PPAT or notary. This raises legal questions regarding the validity and legal protection of the parties in disputes. The purpose of this study is to determine the validity of PPJBs made privately based on Articles 1320 and 1338 of the Civil Code concerning the requirements for a valid agreement, as well as the principles of freedom of contract and the binding force of the agreement. In addition, this study also discusses the legal implications of privately made land sale and purchase agreements on the protection of the parties' rights. This study uses a normative juridical method, where the research focuses on the study of positive law as stipulated in legislation, doctrine, and court decisions relating to the validity of PPJBs for private land.
Perlindungan Hukum bagi Para Pencari Kerja atas Diskriminasi Usia di Indonesia Ramadhani Febriansyah; Femmy Silaswati Faried; Firstnandiar Glica Aini Suniaprily
Jurnal Hukum Lex Generalis Vol 6 No 5 (2025): Tema Hukum Perburuhan dan Ketenagakerjaan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i5.2500

Abstract

One of the factors contributing to the increase in unemployment in Indonesia is the difficulty of meeting job qualifications, a common example being maximum age restrictions. The enactment of Article 35 (1) of the Manpower Act has led the majority of employers to arbitrarily apply qualifications, especially age restrictions as one of the qualification requirements, which greatly hinders job seekers from obtaining decent work. The presence of Article 5 of the Manpower Act should serve as a guideline for employers to apply qualifications that treat job seekers humanely and do not discriminate. Due to age discrimination against job seekers, one of the affected job seekers filed a judicial review of Article 35 (1) of the Manpower Act against Article 28D of the 1945 Constitution to the Constitutional Court so that job seekers could find legal protection. This study aims to describe the legal protection for job seekers against the discrimination they experience. This study uses a doctrinal approach, descriptive research, and secondary data in the form of several job postings on social media. Upon the submission of the judicial review petition, the judge could not position himself as a job seeker and therefore decided to reject the petition. In this case, the article in question remains in force and job seekers have not yet found legal protection.  
A Legal Analysis of the Implementation of Law No. 22 of 2022 on Corrections Supardi, Supardi; Putri, Hanuring Ayu Ardhani; Suniaprily, Firstnandiar Glica Aini 
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.408

Abstract

This study examines the implementation of Law No. 22 of 2022 on Corrections, focusing on inmate development at the Class IIA Sragen Correctional Institution. An empirical juridical method was employed using statutory and empirical approaches to assess the alignment between correctional legal norms and their practical application. Data were collected through interviews, observation, documentation, and literature review. The findings indicate that inmate development has been oriented toward social reintegration through personality and self-reliance programs. However, its implementation has not been optimal due to limitations in facilities and infrastructure, shortages of qualified personnel, overcrowding, limited community support, and ineffective administrative procedures. These findings demonstrate that inmate development has not yet been fully supported by an integrated correctional system. Accordingly, strengthening correctional policies is necessary through improving human resource capacity, enhancing facilities, simplifying administrative mechanisms, and reinforcing cross-sectoral collaboration to support effective social reintegration of inmates in accordance with the objectives of the correctional system.
Alcoholic Beverages Distribution in Indonesia: A Socio-Legal Analysis under Criminal and Food Law Wicaksono, Genta Yuris; Putri, Hanuring Ayu Ardhani; Suniaprily, Firstnandiar Glica Aini
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.410

Abstract

This study analyzes the legal provisions and practices surrounding the distribution of Alcoholic Beverages (Ciu) in Bekonang Village through empirical juridical analysis. The results show that although regulations such as Law No. 18 of 2012 concerning Food and Article 204 of the Criminal Code have established a normative legal framework, there is a wide gap with the reality on the ground (law in action). Ciu remains widely circulated because it has become integrated as a tradition and a source of community income, thus gaining strong social legitimacy. Repressive law enforcement faces complex dilemmas and obstacles due to socio-cultural and economic factors. Efforts by authorities tend to be incidental and fail to address the root of the problem. Therefore, a solely criminal law approach is deemed ineffective and unsustainable. This study concludes that a more comprehensive and integrative policy is needed. The solution lies in reinterpreting regulations that take into account the characteristics of traditional beverages, supported by socio-legal strategies such as health education, business development, and strengthened operational oversight by local governments. Ultimately, a sustainable solution must be able to reconcile formal legal certainty with local wisdom and community economic well-being.
Police Discretion in the Management of Public Demonstrations: Evidence from the Sragen Police Department Supriyanto, Supriyanto; Faried, Femmy Silaswati; Suniaprily, Firstnandiar Glica Aini
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.411

Abstract

Police discretionary authority constitutes a strategic legal instrument for maintaining public order, particularly in managing demonstrations with the potential to disrupt security. Nevertheless, the exercise of discretion may give rise to legal concerns if it is not carried out in accordance with the principles of legality, justice, and the protection of human rights. This study examines the implementation of discretionary authority by the Sragen Police within the framework of applicable laws and regulations and evaluates its conformity with the principles of justice, due process of law, and respect for human rights. Employing a normative–empirical legal methodology, this study adopts statutory, conceptual, and case-based approaches, supported by field data obtained through interviews and a review of relevant literature. The findings indicate that police discretion in Sragen has generally been exercised in a proportional and accountable manner, consistent with the prevailing legal framework and with an emphasis on preventive measures. The study concludes that police discretion functions effectively as an adaptive legal instrument insofar as it remains bounded by legal accountability and professional ethics.
Legal Liability Of E-Commerce Platforms For Consumer Losses Resulting From Defective Products Darmawan Putra, Rian; Suparwi, Suparwi; Glica Aini, Firstnandiar
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1507

Abstract

This study examines the legal responsibility of e-commerce platforms for consumer losses resulting from defective products in electronic transactions. The concept of consumer loss is explored through the Consumer Protection Law (UUPK), the Electronic Information and Transactions Law (UU ITE), and the Government Regulation on Electronic System Operators (PP PMSE), which reveal normative gaps related to the role of digital platforms. The research identifies an optimal liability model, including business entity verification, system oversight, and dispute resolution mechanisms, in line with the EU Digital Services Act. These findings emphasize the need for regulatory harmonization and strengthening of platform obligations for effective consumer protection
LEGAL CERTAINTY OF THE USE OF CRYPTOCURRENCY AS A PAYMENT INSTRUMENT FROM THE PERSPECTIVE OF INDONESIAN POSITIVE LAW Wahyudi, Bambang Tresno; Dewi, Nourma; Suniaprily, Firstnandiar Glica Aini
Awang Long Law Review Vol. 8 No. 2 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i2.2006

Abstract

This study aims to provide answers to the legal certainty provided by laws and regulations regarding the use of cryptocurrency as a payment instrument in Indonesia and efforts to achieve legal certainty for the use of cryptocurrency as a payment instrument in the future. Cryptocurrency is an impact of globalization that must be responded to with legal changes, given the large amount of its global use that has an impact in Indonesia. The Currency Law does not explicitly provide space for cryptocurrency, implicating limited regulatory space for its use in Indonesia. A study analyzing the guarantee of legal certainty for cryptocurrency use is needed in light of existing normative regulations and efforts to achieve such legal certainty. This research is normative with a legislative and conceptual approach. The results show that the form of legal certainty in laws and regulations regarding the use of cryptocurrency as a payment instrument in Indonesia is not yet regulated in Law Number 7 of 2011 concerning Currency, but cryptocurrencies are partially regulated as commodities that can be traded on futures exchanges, in accordance with Minister of Trade Regulation Number 99 of 2018 concerning General Policy for the Implementation of Crypto Asset Futures Trading. This means that cryptocurrencies cannot yet be used as payment instruments but have limited transaction value on futures exchanges. Efforts to realize legal certainty for the use of cryptocurrency as a payment instrument in the future include injecting cryptocurrency as a digital payment instrument into Law Number 7 of 2011 concerning Currency, formulating technical regulations for the Regulation of the Minister of Trade and Bank Indonesia Regulations that accommodate the technical procedures for the use of cryptocurrency, and with the recognition of cryptocurrency in the updated Currency Law, its use can be guaranteed at the Deposit Insurance Corporation.
Perlindungan Aksesibilitas Hak Politik Bagi Penyandang Disabilitas Firstnandiar Glica Aini Suniaprily; Muhammad Aziz Zaelani; Adhy Nugraha; Erika Marsha Helena; Aprian Noor Dwi Saputra
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.3636

Abstract

Persons with disabilities are citizens who have the same rights as other citizens. One of the rights of persons with disabilities is political rights. Descriptive research method with literature study approach. Data from sources such as books, journals and scientific articles collected through documentation techniques, identification of discourse of books, journals, papers, online articles, magazines, newspapers, and other relevant literature related to political party rigts of persons with disabilities in Indonesia. The data analysis technique in this research is content analysis by organizing and categorizing data to obtain research results that will be used as conclusions. This can be seen in terms of political socialization and also political accessibility. So, the government must provide political rights for people with disabilities as it should.
Co-Authors Ada Riski Rahma Noviana Adee Fitriantho Adhy Nugraha Adhy Nugraha Afrigh Alaina Shobron Agung Mugi Widodo Agung Setiyo Budi Alwan Fauzan Amilia Febriani Amir Junaidi Amstrong Roosevelt Zamzami Andita Jefri Harnanto Anugerah, Muhamad Fredianto Boro Aprian Noor Dwi Saputra Ariy Kaerudin Ariy Khaerudin Arneta Indah Noorlintang Mentari Aziz Nandana Sumarno Bayu Ismuntoro Bintang Rahmawati Cilik Siwi Redani Daniyel Dwi Ardiyanto Darmawan Putra, Rian Dika Yudanto Diyah Eka Puji Astuti Dughita, Putri Awaliya Dwi Nurwanti, Yulian Erika Marsha Helena Faried, Femmy Silaswati Fatmawati Femmy Silaswati Faried Firda Pambudi Erlambang Hadi Mahmud Hanuring Ayu Hanuring Ayu Hanuring Ayu Ardhani Putri Hanuring Ayu Ardhani Putri Hanuring Ayu Ardhani Putri Hanuring Ayu Ardhani Putri Hardiyanto Toni Hasyim, Much Ika Septiana Ismiyanto Ismiyanto , Ismiyanto Ismiyanto Ismiyanto Ismiyanto Ismiyanto Joko Triyanto Juliya Maria Khaidar Rohman Lubis, Muhammad Salim Fauzi Muhamad Aziz Zaelani Muhammad Aziz Zaelani Muhammad Muhtarom Muhammad Tri Nuryanto Nourma Dewi Nourma Dewi Nourma Dewi Nourma Nourma Novita Anisa Nurwanti, Yulian Dwi Pangaribuan, Guntur Pramono Hadi Pramono Hadi Prasiwi, Prista Raharjo Sigit Ramadhani Febriansyah Riana Rachmawati Rois, Dimas Ilham Nur Rudatyo Rudatyo Singgih Ariya Mudito Suharno Suharno Suharno Suharno Suharno Suharno Supardi Supardi Suparwi Suparwi Suparwi Suparwi Supriyanto Supriyanto Suwardi Suwardi Suwardi Suwardi Syahtama, Dany Vardani, Erika Nur Wahyudi, Bambang Tresno Wicaksono, Genta Yuris Wisnu Cahyo Utomo Yohanes Sabbat Satriyawan Yudi Yudi Yulian Dwi Nurwanti Yulian Dwi Nurwanti