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Journal : Literatus

Problematika Peradilan Koneksitas dalam Menangani Perkara Tindak Pidana Korupsi (Putusan Nomor: 74/Pid.Sus-TPK/2022/PN.Jkt.Pst) Oktoberiandi, Oktoberiandi; Sujono, Sujono; Sudarto, Sudarto
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1673

Abstract

A connectivity court is a court that functions to try criminal offenses committed jointly by civilians and members of the military (TNI), both general and special crimes, such as corruption. Provisions regarding koneksitas courts are regulated in detail in the Criminal Procedure Code, specifically in CHAPTER XI Article 89 to Article 94, as well as Article 198 to Article 203 in Law Number 31 of 1997 concerning Military Courts. However, in practice, when there is a criminal offense involving members of the TNI and civilians, the case should be resolved through a koneksitas mechanism. In reality, perpetrators are often tried in different courts, with TNI members being tried in military courts and civilian perpetrators in general courts. This creates disparity and ignores the principle of equality before the law, which in turn creates injustice. Law enforcers focus more on procedural justice than on achieving substantial justice.
Legalitas Penerbitan SHGB dan SHM di Wilayah Laut (Studi pada Kasus Pagar Laut di Kawasan Reklamasi Pantai Indah Kapuk) Widyarsih, Rahajeng; Sujono, Sujono; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1989

Abstract

This article discussesnganalyze the legal violations that occurred in the case of the construction of a sea fence as part of the Pantai Indah Kapuk (PIK) reclamation project in Tangerang as well as the Issuance of Building Use Rights (HGB) and Ownership Certificates (SHM) in the sea area which is a complex and controversial issue in Indonesia. The purpose of this study is to determine the legality of the issuance of HGB and SHM in the sea area reviewed from the Basic Agrarian Law (UUPA) and other related laws and regulations and to analyze how the Sea Fence case is resolved. The methodology used in this analysis includes a literature review of various related laws and regulations, a study of project planning documentation, and interviews with environmental and spatial law experts. The analytical approach used focuses on the normative legal aspects by considering the empirical facts that occur in the field. This study also considers the jurisprudence of similar cases that have occurred previously in Indonesia. The results of this study found that it was concluded that the legality of issuing HGB and SHM in the sea area is a complex issue and contradicts the provisions of Article 27 of Law Number 1 of 2014 concerning Management of Coastal Areas and Small Islands. (Law No. 1/2014). The issuance of land rights in the sea area must be carried out very carefully and considering all legal implications as regulated in Presidential Regulation Number 122 of 2012 concerning Reclamation in Coastal Areas and Small Islands. (Presidential Regulation No. 122/2012). This study also revealed complex and multidimensional legal violations in the case of the Pantai Indah Kapuk Tangerang Reclamation Project sea fence. The developer of the PIK 2 area needs to carry out criminal and civil liability based on Law No. 32/2009 and the Criminal Code, through the settlement of applicable laws.
Analisis Hukum Keselamatan Penerbangan dalam Interaksi Pesawat Udara Komersial dan Pesawat Udara Negara di Bandar Udara Studi Kasus Accident JAL516 dan JA7222A di Bandar Udara Haneda, Tokyo, Jepang Wazier, Ronny; Sujono, Sujono; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1997

Abstract

Aviation safety law regulates the interaction between commercial aircraft and state aircraft, particularly in relation to airspace management and conflict avoidance at airports. The case studies of the JAL516 and JA7222A Accidents at Haneda Airport, Tokyo, Japan illustrate how regulatory violations and lack of coordination between civil and military authorities can pose serious safety risks. In both incidents, commercial aircraft were involved in events that threatened the safety of passengers and crew due to the lack of data transparency and communication between the civil and military sectors. These cases demonstrate the need for the implementation of Flexible Use of Airspace (FUA) to efficiently divide airspace, as well as the use of Collaborative Decision Making (CDM) to ensure effective coordination between stakeholders. The adoption of modern technologies, such as artificial intelligence (AI)-based air traffic management systems, can help identify potential conflicts earlier and provide solutions in real time. In this context, air law must continue to adapt to ensure the protection of civil aviation, prioritizing transparency, increasing international cooperation, and implementing stronger regulations to prevent similar accidents in the future.
Efektivitas Tilang Elektronik atau Electronic Traffic Law Enforcement (ETLE) dalam Meningkatkan Disiplin Berlalu Lintas di Jakarta Muhibbuddin, Muhammad; Sujono, Sujono; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1999

Abstract

Ticketing for traffic violations on the highway using the Electronic Traffic Law Enforcement (ETLE) system. The existence of the E-ticket system makes it easier for people to pay fines through the bank. The implementation of ETLE is an effort to utilize Information Technology and Communication to support the process of road traffic law enforcement. For this reason, it will be further studied how effective electronic ticketing or electronic traffic law enforcement (ETLE) is in improving traffic discipline in Jakarta and how the factors that hinder the effectiveness of electronic ticketing or electronic traffic law enforcement (ETLE) in improving traffic discipline in Jakarta. The research method used in this study is the normative legal research method. From the results of the study, it was found that electronic ticketing or electronic traffic law enforcement (ETLE) is effective in improving traffic discipline in Jakarta, if law enforcement officers, in this case the Traffic Police, act as deterrents and enforcers for traffic violations that occur. The initiation of the application of the ETLE concept is actually in line with the direction of national legal development, especially in the direction of national legal development that focuses on efforts to eliminate and discipline traffic violations. There is no specific regulation that specifically regulates ETLE and the factors that hinder the effectiveness of electronic ticketing or electronic traffic law enforcement (ETLE) in improving traffic discipline in Jakarta is the regulation of the implementation of ETLE in PP 80/2012 has the potential to cause fundamental problems regarding the legal accountability of ETLE. PP 80/2012. The working mechanism of ETLE raises the possibility that traffic violators are not motor vehicle owners, while the Traffic Ticket will be sent with a database of motor vehicle owners in the motor vehicle registration and identification database. From the results of the study for improvement, it is expected that in terms of limited facilities and infrastructure that require a large budget, the Police can work together with local governments to provide facilities and infrastructure in enforcing ETLE and the government must form legislation, government regulations, and police chief regulations to provide justice, certainty and benefits for all parties related to the effectiveness of electronic traffic law enforcement (ETLE).