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All Journal IKRA-ITH ABDIMAS Devotion: Journal of Research and Community Service Jurnal Pengabdian Masyarakat (ABDIRA) Interdisciplinary Social Studies Action Research Literate (ARL) Indonesian Journal of Multidisciplinary Science DEVOTE: Jurnal Pengabdian Masyarakat Global Jurnal Indonesia Sosial Teknologi Innovative: Journal Of Social Science Research JURNAL RETENTUM Jurnal Global Ilmiah Asian Journal of Social and Humanities Jurnal Greenation Sosial dan Politik Al-battar: Jurnal Pamungkas Hukum
Herman, KMS
Unknown Affiliation
Aerospace Engineering Humanities Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Journal : JURNAL RETENTUM

 1 
Urgensi Reformasi Kebijakan Mengenai Persaingan Usaha Dalam Pasar Digital Herman, KMS; Hartati, Titin; Amrullah, Amrullah; Kristiani, Enny
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5404

Abstract

This study aims to analyze the implementation of competition regulation in the digital market with an empirical legal approach, which combines sociological legal analysis to understand the impact and challenges of regulation in social life and the digital economy. By relying on literature studies as a method of data collection, this study examines various legal sources, documents, and related literature to explore the main issues that arise in regulating competition, including monopoly, data misuse, and consumer protection. Qualitative analysis methods are used to evaluate and interpret the data collected, with the aim of identifying obstacles faced in the implementation of existing regulations and the urgency of forming more responsive and adaptive policies to create a healthy and sustainable digital market. This study is expected to provide appropriate policy recommendations to support fair and inclusive competition in the digital sector.
Penguatan Kewenangan Advokat Dalam Penegakan Hukum Berdasarkan Undang-Undang Nomor 18 Tahun 2003 Herman, KMS; Yudhistira, Dhieno; Maksum, Umar; Azis, Miftakul
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5387

Abstract

This study aims to analyze the role of advocates in the Indonesian criminal justice system, with a focus on the challenges faced by advocates in carrying out their profession, as well as strategies for strengthening authority that can increase the effectiveness of the role of advocates in ensuring the achievement of justice. This study uses a normative legal approach with the method of analyzing statutory regulations and literature studies to examine the regulations governing the advocate profession, especially in relation to the rights of suspects, defendants, and victims in the criminal justice process. The results of the study indicate that advocates face various obstacles, including limited access to clients and evidence, pressure or intimidation from certain parties, and gaps in the quality of legal education. To overcome these challenges, policy reforms are needed that support increased access for advocates to clients and evidence, as well as legal protection for advocates from threats or intimidation. Optimizing the role of advocates in supporting a fair justice system can be achieved through effective legal assistance to perpetrators and victims, as well as strengthening advocate competence through continuing legal education and more integrated justice strategies.
Transformasi Hukum Operasi Tangkap Tangan Dalam Penindakan Tindak Pidana Korupsi Amiruddin, Sulaiman; Marsudianto, Dwi Nugroho; Yudianto, Bambang; Herman, KMS
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5402

Abstract

This study examines the need for more detailed regulations regarding the implementation of Hand-Catching Operations (OTT) in eradicating corruption in Indonesia. Although the authority of the Corruption Eradication Commission (KPK) to carry out OTT has been regulated in Law Number 30 of 2002, the regulation is still general and does not explain the procedures and limitations of authority in its implementation. This study aims to analyze the need for clearer regulations regarding the procedures for implementing OTT, initial evidence requirements, arrest time limits, and protection of human rights. The method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that detailed regulations regarding OTT are needed to prevent abuse of authority, increase accountability, and ensure that the implementation of OTT is in accordance with the principles of legality and due process of law. The main recommendation of this study is the need for a more assertive determination of authority, clear procedures, and strengthening the implementation of the principle of legality, especially related to electronic evidence, to support the effectiveness of fair and transparent corruption eradication.
Urgensi Kebijakan Mengenai Upaya Hukum Gugatan Atas Sengketa Kepabeanan Herman, KMS; Kartika, Tantri; Fauzi Februari, Buana; Beni Lumenta, D.
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5405

Abstract

This study discusses the unclear regulation regarding legal remedies for lawsuits in resolving customs disputes in Indonesia, as well as its impact on the legal system and protection of the rights of the parties involved. Although the Customs Law has regulated objection and appeal channels, there are no clear regulations regarding the lawsuit mechanism as a follow-up legal remedy. This ambiguity has the potential to cause legal uncertainty, hinder the dispute resolution process, and reduce protection of the rights of the parties involved, such as importers, exporters, and other related parties. This study also compares it with the legal systems of other countries and provides recommendations for improving regulations in order to create legal certainty, justice, and efficiency in resolving customs disputes. This study suggests that lawsuit regulations be included in the Customs Law to strengthen the supervision and law enforcement system, and increase public trust in the customs system in Indonesia.
Co-Authors Aga Kurniawan Alwi, Mohammad Amiruddin, Sulaiman Amrullah Amrullah Anda Lusia, Anda Andri Azis, Miftakul Badrunsyah, Badrunsyah Beni Lumenta, D. Dewi Iryani Effendy, D. Andry Egosono, Gianto Enny Kristiani Fahlevie , Rinaldi Agusta Fahlevie, Rinaldi Agusta Fauzi Februari, Buana Ferdiles, Lucky Hartati, Titin Kartika, Tantri Maksum, Umar Maman Suparman Marquez, Neilpon Yulinar Marsudianto, Dwi Nugroho Mustopa Mustopa Nurmawati , Bernadete Nurmawati, Bernadete Parikesit, Satya Bhakti Rahardjo, Anthony RR. Ella Evrita Hestiandari Santi , Farida Setiadi, Elen Setiawan, Puguh Aji Hari Subianta Mandala, Subianta Suhendar, Tubagus Ahmad Tarmudi, Tarmudi Taufan, Ridwan A. Wardhani, Dwi Kusumo Widyanto, Muhammad Laras Wijoyo, Suryo Yudhistira, Dhieno Yudianto, Bambang