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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Ajudikasi : Jurnal Ilmu Hukum Awang Long Law Review Unes Law Review Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Bakti Masyarakat Indonesia Jurnal Hukum Lex Generalis Journal Indonesia Law and Policy Review (JILPR) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Jurnal Ilmu Multidisplin JGuruku: Jurnal Penelitian Guru LamLaj Jurnal Serina Abdimas
Rasji
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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ANALYSIS OF THE IMPOSITION OF CRIMINAL SANCTIONS ON PERPETRATORS OF HOMICIDE OFFENSES WITH PARANOID SCHIZOPHRENIA Banjarnahor, Shalom Inka Nauli; Rasji
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1932

Abstract

A person suffering from a mental disorder cannot be held criminally responsible, as stipulated in Article 44 of the Indonesian Criminal Code. However, some judges still impose criminal sentences on defendants with mental disorders. One example is Supreme Court Decision Number 1675K/Pid/2024, which concerns a murder case committed by an individual diagnosed with Paranoid Schizophrenia. This study aims to examine the legal basis and juridical considerations used by judges in rendering their verdicts, as well as to analyze how Article 44 paragraph (1) of the Indonesian Criminal Code is applied to perpetrators of murder who suffer from Paranoid Schizophrenia. The author adopts a qualitative normative legal research method, focusing on legal norms contained in legislation, court decisions, and prevailing societal norms. Based on the findings, in Supreme Court Decision Number 1675K/Pid/2024, the panel of judges applied a strict interpretation of Article 44 paragraph (1) of the Indonesian Criminal Code. Although the defendant was proven to suffer from Paranoid Schizophrenia, the judges concluded that the disorder did non entirely eliminate the defendant’s awareness or ability to be held responsible for his actions. Furthermore, the application of Article 44 paragraph (1) of the Indonesian Criminal Code to individuals with mental disorders requires careful evaluation of their mental condition based on expert psychiatric assessments. However, in judicial practice, disparities in interpretation and application of this article still occur.
LEGAL IMPLICATIONS OF THE ANNULMENT OF LAND GRANTS DEEDS AND THE LIABILITY OF THE LAND DEED OFFICIAL IN DEED EXECUTION Kartika, Yenni; Rasji
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1957

Abstract

The Deed of the Land Deed Official plays an essential role in guaranteeing legal certainty over the transfer of land rights. However, in practice, violations of formal requirements often occur, such as the failure to read the deed before the parties. This study aims to analyze the validity of a deed of grant that was not read in the presence of the parties, as well as the legal liability of the Land Deed Official for executing a deed that does not comply with the prescribed procedures. This research employs a normative juridical method with a statutory approach and a case study analysis of Decision Number 298/Pdt.G/2021/PN Kpg. The results of the study indicate that a Land Deed Official’s deed that is not read before the parties constitutes a deed with a formal defect, causing it to lose its status as an authentic deed and, consequently, depriving it of full legal evidentiary strength. In addition, a Land Deed Official who neglects the obligation to read the deed may be held legally liable administratively, civilly, as well as ethically under professional conduct standards. In conclusion, the reading of the deed before the parties is not merely a procedural formality, but rather constitutes a form of legal protection and a moral responsibility of the Land Deed Official to ensure validity and fairness in every legal act concerning land affairs.
The Implementation of the Principles of Good Corporate Governance in the Merger Process of Public Companies Siregar, Yovanka Angela; Rasji
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.254

Abstract

Global economic dynamics have encouraged public companies to engage in mergers as a corporate strategy to enhance competitiveness and operational efficiency. The merger between PT Indosat Tbk and PT Hutchison 3 Indonesia exemplifies a strategic action that requires comprehensive implementation of Good Corporate Governance (GCG) principles to ensure transparency, accountability, and legal certainty for all stakeholders. This study aims to analyze the application of GCG principles in the merger process of public companies and evaluate their conformity with Indonesian legal regulations. The research applies a normative juridical method by examining primary and secondary legal materials, including Law Number 40 of 2007 on Limited Liability Companies and regulations issued by the Financial Services Authority. The findings indicate that the Indosat–Hutchison merger has implemented GCG principles through transparent disclosure, independent valuation, and protection of minority shareholders’ rights. The implementation strengthens investor confidence and highlights the essential role of legal and notarial professionals in ensuring corporate compliance during mergers.
State Responsibility in Protecting Students in Overseas Internship Programs from Human Trafficking: A Critical Analysis of Regulatory Gaps After the Ferienjob Case Farhan Muhammad Ramadhan; Rasji
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.63013

Abstract

This study aims to analyze state responsibility in protecting international internship students from human trafficking practices, particularly following the Ferienjob case involving thousands of Indonesian students. The research employs a normative juridical approach with analysis of legislation related to overseas citizen protection, the Merdeka Belajar Kampus Merdeka (MBKM) policy, and international legal instruments on human trafficking. The findings reveal significant regulatory gaps in the supervision of overseas internship programs, weak verification mechanisms for organizing institutions, and unclear division of responsibilities among central government, universities, and program organizers. The study concludes that the state has legal obligations to provide preventive protection through strict regulation of MBKM-based internship programs, strengthening risk-based supervision systems, and imposing firm sanctions against organizers proven to exploit students as victims of human trafficking.
Legal Certainty for Companies That Unilaterally Terminate Employment Relations to Workers Aurelius Steven Beale; Rasji
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1060

Abstract

In this study, we have discussed legal certainty for companies in carrying out the process of unilateral termination of employment relations against workers. This study applies a normative juridical research method with the approach taken, namely the legislative and conceptual approaches. This study explains the procedure for legal termination of employment, as well as aspects of legal certainty, especially for companies, and also explains the impacts such as legal and economic impacts of termination disputes. The results of this study prove that there is legal certainty for companies that can be accepted based on compliance with the legal termination procedure, namely by bipartite negotiations, mediation, and fulfillment of legal requirements according to the reasons for termination. The company has the right to validate the reasons for termination of employment and has legal protection in the industrial relations court.
Implementation of the Public Housing Savings Act to Meet Community Board Needs Melia; Rasji
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1113

Abstract

According to Law of the Republic of Indonesia Number 4 of 2016 concerning Public Housing Savings, it is a long-term fund savings program that is useful in using it for housing financing. So in this writing the author wants to study further regarding the Implementation of the Public Housing Savings Law to Meet the Needs of Community Boards. With normative research methods, the nature of the research is descriptive, using secondary data types using a statutory approach, and analyzed qualitatively. The results and discussion are that this program focuses on increasing access to housing for the community, reducing social disparities, and ensuring that basic needs such as housing are met. By emphasizing the importance of designing policies that not only meet basic needs but also maximize benefits for the entire community. By focusing on better access to housing, efficient fund management, and social welfare, public housing savings are expected to provide broad and sustainable benefits for the Indonesian people, thereby ensuring that the program runs in accordance with applicable legal provisions, which can increase effectiveness and public trust.
Problematic Analysis of the Legal Policy of the Food Estate Program (Government Era 2020-2024) Rasji; Vera Tua Tobing
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1152

Abstract

Food estate development is a response to President Joko Widodo's 2020 warning of a crisis during the pandemic period to meet domestic food needs. The Ministry of Environment and Forestry issued Minister of Environment and Forestry Regulation No.24/2020 concerning the Provision of Forest Areas for Food Estate Development through the Ministry of Environment and Forestry, this regulation was later revoked and replaced by Permen LHK No.7 of 2021. The findings indicate that the food estate development policy conflicts with the principles of ecological justice, which advocate for harmonious coexistence between humans and nature. The food estate concept itself refers to the integrated development of food production, encompassing agriculture, plantations, and livestock over vast tracts of land. The perspective of the ecological justice theory approach suggests that forests need to be preserved not only because humans still need forests to meet their needs, but it is appropriate because humans are actually only one of the elements of the earth's large and complex ecosystem, and as humans who have morals need to respect the rights of non-human beings to coexist in harmony. Therefore, the existing set of regulations must consider the rights of other natural creatures including animals, forests, seas, mountains and other elements of the biospher.
Personal Data Protection for Online Job Seekers in the Mode of Freelance Job Vacancy Fraud Ela Suryani; Rasji
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1171

Abstract

Digitalization has brought convenience in job search, but it also raises the risk of misuse of personal data, especially through the fraudulent mode of freelance job vacancies. This research aims to analyze the legal responsibility of digital platforms in protecting users' personal data as well as the implementation of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) in handling cybercrime cases. The research method used is qualitative descriptive, with a literature study approach to relevant regulations and cases that occur. The results of the study show that digital platforms have an obligation to ensure the security of user data, including by implementing a verification system and preventing data leaks. The PDP Law provides a strong legal basis in protecting the rights of personal data owners, but its implementation still requires increased public awareness and stricter supervision.
Co-Authors Abdullah Zimah, Amelia Adre Wiradi, Dio Alexander Nainggolan, Matthew Apriza, Nathania Arya Salwa Aurel Aprilia Annisya Trisetya Aurelius Steven Beale Ayi Meidyna Sany Banjarnahor, Shalom Inka Nauli Bayu Prasetyo, Bayu Bravo, Antonio Christian Samuel Lodoe Haga Delicia, Nadya Frisca Desy Agatha Sari Eka Aprilia Ela Suryani Ellen Juwita, Dhiny Farell David Trawocoadji Farhan Muhammad Ramadhan Febriany Fernandha, Rizqy Dini Giovanni Cornelia Goldwen, Filshella Graciella Azzura Putri Ananda Harry Harmono Ida Kurnia Imanuela, Pricillia Inas Tsabitah, Talitha Jedyzha Azzariel Priliska Jusuf Habibie Hasta, Baharuddin Kartika, Yenni Louissa Nobel Tan Matheus, Juan Melia Metanoya, Finsri Michele Fedryca Michelle Audrey Serena Neshya Rusli, Vennia Noble Effendi, Kevin Octavia, Christine R. Rahaditya R.M. Gatot P Soemartono Rafliyansyah Rheina Aini Safa’at Sandra Dewi Putri Pahlawan Sebastian Matondang, Matthew Mikha Shalom Inka Nauli Banjarnahor Siregar, Yovanka Angela Sofian Syahril, Shintamy Nesyicha Syamsiar, Syamsiar Tabitha Roulina Anastasya Vera Tua Tobing Whisnu Aji P. S Yohanes Yuniati Zayyan Syafiqah Aggistri