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All Journal Jurnal Hukum Pelita Journal of International Islamic Law, Human Right and Public Policy
Miftahul Munir
Universitas Wiraraja
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Mitigasi Risiko Keamanan Data dalam Implementasi Sertifikat Tanah Elektronik untuk Mewujudkan Kepastian Hukum bagi Pemegang Hak Atas Tanah Ach Farhan Arif; Herowati Poesoko; Miftahul Munir
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5674

Abstract

Digital transformation in land services has introduced the innovation of electronic land certificates, replacing the conventional physical system of analog certificates. This initiative by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (BPN) is expected to enhance administrative efficiency in land services, accelerate service processes, and provide legal certainty for landowners. However, the implementation of electronic land certificates also presents challenges related to land data security and legal protection. Risks such as data manipulation, cyberattacks, and data loss are key issues that could hinder the sustainability of this system. This research aims to identify risk mitigation strategies necessary to ensure legal certainty for landowners. Using a normative juridical research type with a perspective analysis approach, the study highlights the importance of adequate regulatory harmonization and advanced technology in managing land data security.The research findings indicate that effective risk mitigation requires collaboration between the government—particularly the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (BPN) at central and regional levels—and other stakeholders related to legal protection of electronic documents. Through holistic mitigation strategies, electronic land certificates can not only enhance efficiency but also provide optimal legal protection needed to build public trust in the digital land system. Consequently, the sustainability of the digital system through electronic land certificates can be achieved. This research provides recommendations to strengthen data security systems, improve regulations, and educate the public as crucial steps in transforming land services
Ratio Decidendi Pemberhentian Sementara Kepala Desa Akibat Dugaan Melakukan Tindak Pidana Pemalsuan Surat agus suprayitno; Herowati Poesoko; Miftahul Munir
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5725

Abstract

This research discusses the court decision with the defendant Akhmad Wa'il as the Head of Guluk Guluk Village, Guluk Guluk District, Sumenep Regency who is suspected of forging letters, namely using fake diplomas when registering as a candidate for village head. Based on the court decision of the Sumenep District Court Number 195/Pid.B/2022/PN.Smp jo 1351/Pid.B/2022/PT. Sby jo 603 K/Pid/2023. In the first and second level verdicts, the judge stated that the defendant was proven to have forged a letter in the form of a fake diploma. However, in the Supreme Court's decision, the defendant was proven not guilty of forging letters, considering that the Supreme Court is the Supreme Court that serves as a Judex Juris and not a Judex Factie. This study aims to describe the ratio of judges in the Supreme Court decision number 603/K/Pid/2023 which annulled the previous decision to not guilty of forging letters. The method used in this study is Normative by using secondary data or library data (library research) with the Statute Approach and Case Study approach
Penyelesaian Perkara Investasi Online Ilegal Dalam Hukum Positif Indonesia Beta Nur Insani; Moh Zeinudin; Miftahul Munir
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.5989

Abstract

This study analyzes Law Number 8 of 1999 concerning Consumer Protection related to dispute resolution methods and responsibilities that can be carried out by illegal online investment business actors. This normative research was conducted using a legislative approach, a conceptual approach, and a historical/historical approach. Settlement of illegal online investment disputes can be carried out using consumer protection mechanisms as regulated in Law Number 8 of 1999. In this case, investors are positioned as consumers who have the right to security and clarity of information. Victims can take criminal legal action by reporting to the police, or through non-litigation channels such as mediation at BPSK. However, settlement is often hampered because the perpetrators use fake identities and do not have official permission from the OJK. Therefore, synergy between consumer protection, criminal law enforcement, and supervision of financial institutions is very important to ensure justice for victims of illegal investment. The perpetrator's responsibility can be imposed through: Civil: replacing losses based on Article 1365 of the Criminal Code, Criminal: charged with fraud (Article 378 of the Criminal Code) and the ITE Law, Restitutive: returning the victim's assets through confiscation and auction mechanisms according to the TPPU Law
CONSTITUTIONAL INTERPRETATION: THE CONSTITUTIONAL COURT'S PARADIGM SHIFT IN THE JUDICIAL REVIEW OF PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDACY THRESHOLD NORMS IN INDONESIA Ekho Pratama; Slamet Suhartono; Miftahul Munir
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21737760

Abstract

The presidential threshold provision under Article 222 of Law No. 7 of 2017 on General Elections has generated prolonged debate concerning the inclusivity of electoral competition and the integrity of the presidential system. For over a decade, the Constitutional Court consistently upheld this norm as an open legal policy of the legislature. However, a fundamental shift occurred through Decision No. 62/PUU-XXII/2024, which declared the provision unconstitutional. This study analyzes the structure of the Constitutional Court's legal arguments in its prior jurisprudence and examines the legal rationale underlying the paradigm shift in this recent decision. This is a normative legal study employing statutory, case, and conceptual approaches. The findings indicate that the earlier jurisprudence relied on judicial restraint to maintain government stability and promote the simplification of the political party system. In contrast, Decision No. 62/PUU-XXII/2024 applies the doctrine of responsive judicial review, emphasizing substantive justice, the restoration of popular sovereignty, equality among political parties participating in the current general election, and the determination of the framers' original intent. The invalidation of this norm creates a technical legal vacuum, requiring the legislature to restructure the regulatory framework through new constitutional engineering for the 2029 General Election. This restructuring must combine the guarantee of inclusive rights—free from percentage thresholds—with a mandatory nomination mechanism to preserve stable and democratic electoral management.
Co-Authors Ach Farhan Arif agus suprayitno Beta Nur Insani Ekho Pratama Herowati Poesoko Moh Zeinudin Slamet Suhartono