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Comparison Of The Legal Perspective Of The Kutai Customary Court (Dayak Tribe) With Positive Criminal Law On The Crime Of Murder Bastoni Purnama; Ade Saptomo
Hakim Vol 2 No 1 (2024): Februari : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i1.1580

Abstract

The lives of traditional law communities in Indonesia reflect the cultural diversity and traditional riches of various ethnic groups. This research discusses the application of positive criminal law to criminal acts of murder in Indonesia, with a focus on the West Kutai traditional tribe, the majority of whose population comes from the Dayak tribe. This research uses normative legal methodology or library research. The results of this research describe the application of positive criminal law to criminal acts of murder, the classification of these criminal acts based on error factors and their objects, as well as the Dayak tribe's perspective on murder cases using Sutherland's criminological theory.
Dilemma of Legal Policy to Address Cybercrime in the Digital Era Annisa Erikha; Ade Saptomo
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.452

Abstract

Addressing cybercrime in Indonesia faces various complex challenges, including legal vacuums in existing regulations, such as the Law on Information and Electronic Transactions (UU ITE) and personal data protection. This study examines the necessity of regulatory reform that is more adaptive to the development of new technologies such as artificial intelligence, blockchain, and cryptocurrency, as well as the importance of balancing individual privacy protection and the data access needs of law enforcement. Furthermore, this research highlights the role of international collaboration in tackling cross-border cybercrime, which necessitates regulatory harmonization and extradition agreements to enhance the effectiveness of law enforcement. Through a comprehensive approach that includes legal reform, the implementation of stringent personal data protection, and strengthened international cooperation, Indonesia can create a safe and protected digital environment from the threats of cybercrime.
Legal Efforts in Handling Consumer Disputes at the Consumer Dispute Settlement Body (BPSK) in Indonesia M. Sunandar Yuwono; Ade Saptomo
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.469

Abstract

Consumer disputes are issues that frequently arise in the relationship between consumers and businesses. In Indonesia, the Consumer Dispute Settlement Body (BPSK) plays a vital role in addressing these disputes. The legal efforts available through BPSK are regulated under Law of the Republic of Indonesia No. 8 of 1999 on Consumer Protection, which provides a legal framework for dispute resolution that is simple, fast, and low-cost. The dispute resolution process at BPSK includes mediation, binding decisions, and procedures regulated by the Ministry of Trade Regulation No. 11 of 2016. This research uses a qualitative approach with data collection techniques through in-depth interviews, observations, and document analysis. This study aims to analyze the effectiveness of the legal efforts undertaken by BPSK in handling consumer disputes, as well as the challenges faced in its implementation. The findings indicate that although BPSK offers better access for consumers, there are still barriers regarding socialization, resource capacity, and community legal awareness. This research is expected to provide recommendations for improving the consumer dispute resolution system in Indonesia.
Quo Vadis Protection of Human Rights in Coercive Confiscation Efforts Taufik Tri Prabowo; Ade Saptomo
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 12 (2024): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i12.2317

Abstract

The protection of human rights in the context of compulsory seizure efforts remains a topic of debate in legal practice in Indonesia. Seizures are often carried out without regard for fundamental individual rights, resulting in the potential for human rights violations, particularly concerning property rights and justice. This study aims to examine how human rights protections are implemented in the seizure procedures undertaken by law enforcement officials. The research method employed is normative juridical, utilizing an approach based on statutory regulations, case studies, and legal doctrine analysis. Data collected are qualitatively analyzed through literature reviews and eval_uations of relevant cases. The findings indicate that while there are regulations governing seizure procedures, their implementation often does not align with human rights principles. There is an urgent need for improvements in oversight mechanisms and accountability in the seizure process to prevent abuse of power. This research recommends reinforcing standard operating procedures that adhere to respect for human rights and stringent oversight in every seizure action.
Effectiveness of the Procurement and Distribution of Subsidized Fertilizers under Ministerial Regulation No. 4 of 2023 on Procurement and Distribution of Subsidized Fertilizers for the Agricultural Sector Hasan Basri; Ade Saptomo
Return : Study of Management, Economic and Bussines Vol. 3 No. 11 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i11.296

Abstract

This study investigates the dualism of roles within the Regional House of Representatives (DPRD) in Indonesia, focusing on its legislative and executive functions in the regional government system. As a legislative institution representing the people and a partner of the executive, the DPRD faces challenges in balancing these roles, often leading to potential conflicts of interest and weakened oversight functions. The study aims to analyze the challenges and propose strategies for enhancing the effectiveness of the DPRD in fulfilling its dual roles. Using a normative juridical approach, this research examines legislative provisions and conceptual frameworks to identify the gaps and complexities in the DPRD's current position. The findings reveal that role conflicts hinder the DPRD's ability to effectively oversee and collaborate with regional governments, affecting policy quality and public trust. This study recommends clear role delineation, enhanced institutional capacity, and improved communication between the DPRD and regional governments. These measures are expected to strengthen the DPRD’s legislative and oversight functions while maintaining its partnership with the executive, ultimately contributing to more effective and transparent regional governance.
Reform of Criminal Liability by Traffic Violators Resulting in Victim Fatality Hendra Gunawan; Ade Saptomo
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 7 (2024): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i7.258

Abstract

The purpose of this study is to analyze the system of criminal liability for traffic offenders resulting in fatalities and propose reforms to improve fairness and effectiveness in handling such cases. The study discusses the system of criminal liability for traffic offenders resulting in fatalities, and reforms that can be made to improve fairness and effectiveness in handling such cases.  Through a review of existing regulations and an analysis of common issues in case handling, this study shows that the sanctions stipulated in the Road Traffic and Transportation Law (Law LLAJ) have not been able to provide an adequate deterrent effect for violators. In addition, inconsistent and unprofessional law enforcement also hampers the creation of an effective legal system. Therefore, reforms in the criminal liability system are necessary, including changes in the provision of more severe and strict sanctions, increased consistent law enforcement, and efforts to raise public awareness of the importance of compliance with traffic regulations.
A Clean Public Procurement System through Commitment Making Officials (PPK) Criminal Liability Reforms Umar Maksum; Ade Saptomo
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 11 (2024): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i11.335

Abstract

This research aims to explore a clean public procurement system through criminal liability reform for Commitment Making Officials (PPK). PPK plays an important role in maintaining accountability, transparency, and integrity in the public procurement process. The research method used is a statutory approach and a conceptual approach. This research analyzes the regulations governing PPK's responsibilities and how they can be held criminally liable if proven to have abused their authority. It was found that PPK is often the party fully responsible for irregularities in procurement, despite the important role of other parties such as the Budget User (PA) and the Budget User Authority (KPA). This research shows that to prevent corrupt practices, stricter monitoring mechanisms and increased legal awareness among PPKs are needed. Criminal liability reform for PPKs is essential to create a more transparent and accountable public procurement of goods and services. Better understanding of legal responsibilities and training for PVRs can reduce the risk of abuse of authority. Achieving a clean procurement system requires improvements in regulation and oversight, as well as capacity building for PVRs. These reforms will support corruption prevention efforts and maximize benefits for society and the state.