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All Journal Wacana Hukum Jurnal SOLMA PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) AJAD : Jurnal Pengabdian kepada Masyarakat Journal Evidence Of Law Indonesian Journal of Contemporary Multidisciplinary Research Jurnal Pengabdian Masyarakat Bangsa Indonesian Journal of Law and Justice Journal of Law, Environmental and Justice Jurnal Pengabdian Nasional (JPN) Indonesia jle Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
FX Hastowo Broto Laksito
Faculty Of Law, Universitas Slamet Riyadi, Surakarta, Indonesia
Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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Evidence from Indonesia on the legal policy confronting discrimination of minority groups based on race and ethnicity Tara Nadya Andiani; FX Hastowo Broto Laksito; Jose Gama Santos
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9808

Abstract

The diversity of a multicultural society that supports Indonesia's national welfare has the opportunity to cause conflict and division, but there are still many acts of discrimination, especially against minority groups (race and ethnicity). Indonesia guarantees protection against discrimination as a constitutional right based on Article 281 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, Law No. 40 of 2008, Law No. 39 of 1999, even in the TAP MPR RI No. XVII/MPR/1998 on Human Rights. This research uses a normative method with a statute approach and is descriptive and qualitative. This discrimination violates human rights and is not in line with the principles of democracy and equality before the law. The Indonesian government has made various efforts to guarantee the rights of minority groups. Preventive efforts outside the law are still needed. Human rights, which were originally intended to secure the dimensions of human power as dignified beings, have been transformed into human rights that are considered to be full of dimensions of anthropocentrism, humanism, egoism, and false individualism. In terms of legislation, it is harmonious, but the practical implementation is still minimal, this can be seen from the lack of socialization of existing regulations related to racial and ethnic discrimination which still often occurs in the form of insults for certain races and ethnicities.
Analisis Kinerja Penyelidikan Dan Penyidikan Dalam Menanggulangi Tindak Pidana Kriminal di Polres Karanganyar Valentino Aquila De Wahyu; Aurelia Eka Junita; Amanda Destiana; Krisna Agus Setyabudi; Farrah Nidau Daini; FX. Hastowo Broto Laksio
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 2 (2024): March: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i2.58

Abstract

The National Police of the Republic of Indonesia (Polri) is a government institution whose main task is to ensure law enforcement, security and public order, provide services as well as protect and develop. Therefore, the National Police plays an important role in ensuring security and public order and enforcing the law to create peace and justice for all Indonesian people. In every criminal case, criminal investigations must be carried out professionally, transparently and responsibly to uphold the supremacy of law that reflects a sense of justice. (1) (5) The Criminal Procedure Code explains that an investigation is a series of investigative actions used to search for and discover an incident that is suspected of being criminal in order to determine whether an investigation can be carried out according to the Criminal Procedure Code.
Penyelesaian Sengketa Batas Tanah melalui Mediasi di Luar Pengadilan Demi Tercapainya Win-Win Solution di Kabupaten Boyolali Broto Laksito, FX. Hastowo; Pradoto, Waluyo Slamet; Sunarto, Kesya Zhalibina
AJAD : Jurnal Pengabdian kepada Masyarakat Vol. 4 No. 1 (2024): APRIL 2024
Publisher : Divisi Riset, Lembaga Mitra Solusi Teknologi Informasi (L-MSTI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59431/ajad.v4i1.301

Abstract

The purpose of this service is to find out how to resolve land boundary disputes through mediation to achieve a win-win solution and what obstacles or obstacles arise in the implementation of land boundary dispute resolution through mediation. The method of community service is by means of lectures and discussions. Settlement of legal problems, especially land boundary disputes, has been accommodated by the state which has been outlined in national regulations through alternatives in court, namely filing a lawsuit and outside of court through mediation efforts. Of course, each route has advantages and disadvantages. A lawsuit in court results in a party winning or losing, while mediation outside of court results in neither party being harmed. Obstacles or barriers that arise in the implementation of Land Boundary Dispute Resolution through Mediation are the difficulty of uniting the desires and interests of both parties as well as the nature of not wanting to give in and feeling that each of them is the most right. However, mediation efforts require the skills of a mediator or intermediary to find solutions to problems that occur. The willingness of the parties to give in to each other and reduce each other's demands is an important key to achieving the goal of common good and prosperity so that no party feels disadvantaged.
Settlement of abuse of authority that caused state losses according to indonesian government administration law Laksito, FX. Hastowo Broto; Bawono, Aji
PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) Vol 5 No 1 (2023): PROCEEDINGS ICTESS: "Human Security in Multidisciplinary Perspective” (Mainstream
Publisher : Universitas Slamet Riyadi Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

State Financial Losses are the result of acts of misuse of the authority of the state apparatus which have an impact on not maximisingnational development. This problem is also experienced by many countries and seeks to eradicate and minimise such events. Indonesia hasa national regulation, namely Law Number 30 of 2014, there is a growing assumption that in the abuse of authority that causes statelosses and the losses are returned the problem is over. In fact, according to Article 4 of Law Number 31 Year 1999, the return of statelosses does not eliminate criminal liability. This research examines how to resolve abuse of authority that harms state finances in theperspective of government administration law and corruption offences. This research is a normative research that uses normative andphilosophical juridical analysis methods. The results of the study found that the return of state losses does not erase the criminal penalty.The perpetrator must still be held criminally responsible for his actions. Administrative examination files are used as evidence in criminalcases. In addition, the internal supervisory institution formed from the Government Administration Law which has the function ofsupervising abuse of authority must coordinate with law enforcement agencies to enforce the law in eradicating acts that result in statefinancial losses.Keywords: Abuse of Authority; State Loss; State Finance
Policy discrimination against the minority group of flows of believers citizens in Indonesia: an administrative justice perspective Fx Hastowo Broto Laksito
Journal of Law, Environmental and Justice Vol. 1 No. 1 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i1.5

Abstract

This study examines discrimination against aliran kepercayaan adherents in Indonesia, despite the Constitutional Court Decision Number 97/PUU-XIV/2016 recognizing their existence. This study found that human rights are inherent in humans and essential to life. Constitutional Court considerations include religious rights, particularly the right to believe in God Almighty, and affirmation that the rights are constitutional rights of citizens, not state gifts. The Constitutional Court also considered the definition of'religion' and 'belief' In conclusion, the Constitutional Court carefully and gradually applied Indonesian cultural values to the issue. The Constitutional Court believes the state should respect, preserve, and fulfill religious rights including the right to believe. The Constitutional Court Decision No. 97/PUU-XIV/2016 states that adherents of the faith have constitutional rights to embrace their beliefs and allows their status to be included in population administration documents, such as the electronic identity card. However, administrative service practices in Indonesia seem to still not be well implemented, which harms a sense of justice, especially administrative justice, which requires openness, confidentiality, transparency, justice, efficiency, accountability, consistency, participation, rationality, equality, and equal treatment.
Role and position of Indonesian Medical Disciplinary Honour Council: fair medical dispute resolution Khalif Ardi, Muhammad; Laksito, FX Hastowo Broto; Laurent, Andriamalala
Journal of Law, Environmental and Justice Vol. 1 No. 3 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i3.15

Abstract

The main aim of this study is to offer a detailed account of the role and status of the Medical Ethics Council of Indonesia (MKDKI) in promoting the fair resolution of medical disputes in Indonesia. This study is a form of normative legal research. The research findings suggest that MKDKI should be the designated authority for resolving medical disputes since it has the requisite expertise in applying professional discipline in the medical domain. Moreover, MKDKI is a reputable organization assessing whether a physician has breached professional disciplinary norms. The phrase "can" in Article 66 paragraph (1) of Law Number 29 of 2004 governing Medical Practice includes the option to file a complaint against MKDKI or choose not to do so. Legal ambiguity may arise, requiring substituting the term "can" with "must." Consequently, all grievances related to medical matters must be addressed exclusively through MKDKI as an obligatory measure. Conducting a judicial review of Article 66, paragraph (1) of Law Number 29 of 2004 regarding Medical Practice is essential. Furthermore, it is crucial to consider the jurisdiction of the Medical Council of Indonesia (MKDKI) in establishing compensation for parties involved in disputes. For the sake of legal precision for both medical professionals and the general population, every decision made by the MKDKI (Medical Knowledge and Decision-making Institute) must be thoroughly evaluated.
Reform of the Criminal Law System in Indonesia Which Prioritizes Substantive Justice Nurcahyo, Nanang; Ricky, Ricky; Laksito, FX. Hastowo Broto; Manitra , Ramalina Ranaivo Mikea
Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i1.91

Abstract

Indonesia is presently undergoing a reform of its criminal law system to decolonize the existing criminal legislation that persists. The existing criminal law, which the Netherlands has influenced, currently emphasizes corporal punishment and does not offer avenues for crime victims to seek compensation. However, efforts are underway to reform the criminal code and introduce provisions that allow compensation to be awarded to victims of criminal offenses. This is undertaken within the framework of Indonesia's endeavor to establish a criminal justice system that is compassionate and capable of achieving meaningful principles of fairness
Reducing Community Participation in the Preparation of Environmental Impact Assessments (EIA): Evidence from Indonesia Broto Laksito, FX Hastowo; Bawono , Aji; Ikrimah , Afridah
Journal of Law, Environmental and Justice Vol. 2 No. 2 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i2.101

Abstract

Globalisation compels nations to adapt to contemporary advancements, including enhancing economic growth through policies designed to attract investment from diverse foreign enterprises. Legal instruments should not be viewed solely as tools that cater to human interests; instead, they serve as mechanisms for community development to ensure the survival of humans, the environment, and other living organisms by the principles of sustainable development encompassing economic, social, and environmental considerations. This research examines favourable legislative restrictions in Indonesia that diminish community engagement in formulating Environmental Impact Assessments, potentially exacerbating environmental degradation. The findings indicate that modifications in regulatory standards within the Job Creation Law about the environmental sector, compared to the Environmental Protection and Management Law, have diminished the involvement of environmental observers in formulating Environmental Impact Assessments, now solely acknowledging affected communities. Members of the environmentalist community play a vital role in evaluating the implications of a company's actions, which is essential for preserving environmental sustainability and promoting sustainable development. The article's conclusion highlights policymakers' and lawmakers' need to comprehend the law's significance in attaining sustainable development objectives. The diminished role of community involvement in preparing Environmental Impact Assessments, which possess greater insight into potential environmental harm, signifies a deterioration in democracy in Indonesia.
Legal Policy and Suporting Factors of Criminal Law Enforcement Crime Prevention Broto Laksito, FX. Hastowo; Bawono, Aji
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.818

Abstract

Law enforcement is a necessity carried out by the state in protecting its society as members, because law enforcement has the essence of upholding the values of truth and justice. Crime prevention efforts through criminal law are essentially part of criminal law enforcement efforts. Criminal law enforcement is realised through legal policy as part of national legal politics. This matter relates to various factors ranging from the formation of regulations, law enforcement officials, and the behaviour of the community itself. The focus of this article review is to explain how the criminal law enforcement policy towards crime prevention, as well as the extent to which it can support the implementation of criminal law enforcement policy. This paper review consists of several main points, namely law enforcement policy, aspects of legislation, aspects of law enforcement, and aspects of community legal culture. This study concludes that criminal law enforcement policy can be initiated by making legal products that are suitable with the social conditions of society.
The Validity of Purchasing Land Underhand in Land Sale and Purchase Disputes in Kutai Kartanegara District (A Study of Tenggarong District Court Decision Number 91/Pdt.G/2019) Pradoto, Waluyo Slamet; Broto Laksito, FX. Hastowo
Journal of Law and Economics Vol. 3 No. 2 (2024): NOVEMBER 2024
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v3i2.216

Abstract

The purpose of this research is to analyze the legal considerations and consequences arising from the issuance of Tenggarong District Court Decision Number 91/Pdt.G/2019, which resolved a dispute over the sale and purchase of freehold land involving the Plaintiff (Warda), Defendant I (Octavianus P), Defendant II (Ahmad Rakbini), and the Co-Defendant (National Land Agency Office, Kutai Kartanegara Regency). The research was initiated due to the Plaintiff's lawsuit filed at the Tenggarong District Court, stemming from challenges in transferring or changing the ownership name of a plot of land purchased privately from Defendant II. These difficulties arose because the Defendants' current addresses were unknown, preventing the completion of administrative requirements for registration with the National Land Agency. Consequently, the Plaintiff sought a court ruling to validate the payment receipt as evidence of the land purchase. This study employs a normative juridical method with a descriptive approach, utilizing secondary data sources and qualitative analysis. The findings indicate that the court partially granted the Plaintiff's claims, legally authorizing the transfer of land ownership from the Defendant to the Plaintiff, based on a private sale agreement and supported by a payment receipt. The court issued the decision in verstek since the Defendants, including the Co-Defendant, did not attend the proceedings, provide information, or appoint legal representation.
Co-Authors Alya Maya Khonsa Rahayu Amanda Destiana ANGGO DOYOHARJO Aurelia Eka Junita BAMBANG ALI KUSUMO Bawono , Aji Bawono, Aji Farrah Nidau Daini Ikrimah , Afridah Jose Gama Santos Kesya Zhalibina Sunarto Khalif Ardi, Muhammad Krisna Agus Setyabudi Laurent, Andriamalala Lintang Cahya Primadani Manitra , Ramalina Ranaivo Mikea Nurcahyo, Nanang Pradoto, Waluyo Slamet Probosambodo, Yokhebed Arumdika Putri, Kartika Asmanda Ricky Ricky Santoso Budi Nursal Umar Saputra, Rian Sunarto, Kesya Zhalibina Tara Nadya Andiani Triwanto Triwanto Valentino Aquila De Wahyu Wirawan, Riska Yokhebed Arumdika Probosambodo