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All Journal Jurnal Penegakan Hukum dan Keadilan Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Ayuningtiyas, Fitri
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Law, Crime, Criminology & Criminal Justice

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Efektivitas Undang-Undang Dasar Tahun 1945 terhadap Mekanisme Checks and Balances dan Pemakzulan Presiden atau Wakil Presiden dalam Perspektif Hukum Tata Negara Ayuningtiyas, Fitri; Khusnah, Aynul; Wahyuningtyas, Adelia
Jurnal Penegakan Hukum dan Keadilan Vol 4, No 2 (2023): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v4i2.17556

Abstract

The 1945 Constitution of the Republic of Indonesia outlines the impeachment mechanism. This Constitution outlines that the procedure for impeaching the president and vice president must be mandated by the People's Representative Council (DPR) to the People's Consultative Assembly (MPR). It is important to acknowledge that the current impeachment process upholds the principle of checks and balances of direct presidential elections. The impeachment decision of the current president and vice president cannot strengthen the rule of law when the Constitutional Court (MK) determines that the president or vice president has violated the Constitution. This research aimed to find out the impeachment mechanism outlined in the 1945 Constitution with the principle of the supremacy of constitutional law. This research included a qualitative method by focusing on the problematic effectiveness of the 1945 Constitution on the check and balance mechanism and the impeachment of the president and vice president from the constitutional law perspective. The check and balance mechanism aims to create a democratic government. Check and balance is a principle controlling and maintaining state institutions' balance. The results revealed that the 1945 Constitution's mechanism for impeaching the president or vice president was relatively ineffective because the rule of law and the constitutional judicial mechanism were still handled by the political mechanism. Consequently, the check and balance mechanism did not occur in this process. The characteristic of impeachment as a control causes impeachment cannot to be implemented following the rule of law, which was an indicator that the check and balance mechanism had been unbalanced by the Constitutional Court's decision, which was used to create a legal mechanism that was not explicit and binding on the MPR and the 1945 Constitution.
ANALISIS YURIDIS TENTANG GUGATAN TIDAK DAPAT DIEKSEKUSI (NON-EXECUTABLE) DALAM PUTUSAN NOMOR : 23/Pdt.GS/2023/PN Idm Jaya, Mardi; Prawesti, Wahyu; Ayuningtiyas, Fitri; Damayanti, Sri Sukmana
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.728

Abstract

Court decisions in civil cases should provide legal certainty and restoration of rights for the winning party. However, in practice, decisions that cannot be enforced (non-executable) are often found, resulting in substantive justice failing to be realised. This phenomenon raises serious questions about the effectiveness of the judicial system, particularly in the context of dispute resolution through simple lawsuit mechanisms. This study stems from the urgency to examine the problem of unenforceable judgments, focusing on Judgment Number 23/Pdt.GS/2023/PN.Idm, in which, although the breach of contract lawsuit was granted, the verdict was not condemnatory, so enforcement could not be carried out. The main objective of this study is to analyse the legal provisions regarding unenforceable lawsuits and assess the extent to which the decision provides legal protection for the plaintiff. The research questions focus on two things, namely how the law regulates non-executable decisions and whether Decision Number 23/Pdt.GS/2023/PN.Idm has fulfilled the principle of legal protection. The research method used a normative legal approach with a case law approach. The primary legal materials were laws and regulations and court decisions, while the secondary legal materials included legal literature and expert opinions. Data was collected through literature study and analysed qualitatively with an emphasis on legal interpretation and systematic logic. The results of the study show that non-executable decisions are generally caused by weaknesses in declarative decisions, ambiguity in the subject matter of the dispute, or the subject matter being tied to a third party. The Indramayu case confirms the gap between formal legality and substantive justice. The conclusion of the study emphasises the need for clear and operational formulation of verdicts, evaluation of simple lawsuit regulations, and an increased role for judges and advocates in ensuring the effectiveness of legal protection. Further research is recommended to examine similar cases across regions to identify national patterns
PERLINDUNGAN HUKUM BAGI REMAJA YANG MENJADI KORBAN SEXTORTION (SEKTORSI) Sukma Riyanti Ningsih, Hana Cindar; Subekti, Subekti; Ayuningtiyas, Fitri; Prawesthi, Wahyu
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.735

Abstract

The incidence of sextortion as a form of digital sexual violence is increasing in line with the development of information technology and the use of social media by teenagers. The characteristics of sextortion, which combines extortion with sexual exploitation, make it a crime with serious psychological, social and legal implications. However, the Indonesian criminal justice system does not yet have specific regulations governing this act, so law enforcement officials often charge perpetrators under general provisions in the Criminal Code, the Electronic Information and Transactions Law, the Pornography Law, and the Law on the Eradication of Sexual Violence. This normative gap raises the main research question: to what extent are existing regulations able to provide effective legal protection for adolescent victims of sextortion? This study aims to analyse the applicable legal framework, identify normative weaknesses in the handling of sextortion, and assess the extent to which victims' rights are accommodated in national regulations. The research method used is a normative approach with a doctrinal legal research type. Legal materials were collected through a literature study covering legislation, academic literature, and scientific articles, then analysed qualitatively and descriptively with reference to legal protection theory and the principle of justice. The results of the study show that although there are a number of legal instruments that can be used, there is no single regulation that specifically regulates sextortion. The legal protection provided through the TPKS Law and the Witness and Victim Protection Law has granted important rights, such as restitution, compensation, and the right to be forgotten, but its implementation still faces normative and technical obstacles. This study contributes by emphasising the urgency of establishing specific regulations on sextortion to fill the legal void, strengthen victim protection, and expand preventive digital literacy. In conclusion, legal protection for victims of sextortion in Indonesia is still not optimal and requires more responsive criminal law reform. Further research is recommended to explore the effectiveness of implementing victims' digital rights and psychosocial recovery mechanisms in the context of technology-based sexual violence.
PERLINDUNGAN HUKUM BAGI PT. DIGITAL COMMERCE INDONESIA (KONSUMEN ANTARA) ATAS WANPRESTASI PENGIRIMAN BARANG OLEH PT. ANDIARTA MUZIZAT Astika, Mariana; Subekti, Subekti; Ayuningtiyas, Fitri; Prawesthi, Wahyu
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.749

Abstract

The development of digital commerce in Indonesia has made freight forwarding services a strategic sector in supporting the smooth distribution of products. However, delivery defaults often cause significant losses, not only for end consumers but also for intermediate consumers who act as intermediaries in the distribution chain. This study stems from the urgency of legal protection for intermediate consumers, which is still rarely discussed in consumer protection law studies. The main questions asked are how logistics service providers are legally responsible for delivery defaults and what form of legal protection is available for intermediate consumers within the framework of applicable regulations. This study uses a normative legal method with a legislative approach, a conceptual approach, and a case approach. The primary legal materials are laws and regulations such as the Civil Code, UUPK, and ITE Law, as well as South Jakarta District Court Decision Number 151/Pdt.G/2020/PN.Jak.Sel. Secondary legal materials are literature and academic publications, while tertiary legal materials are legal dictionaries and encyclopaedias. The analysis was conducted qualitatively by examining legal norms and their relevance to specific cases. The results of the study show that PT. Andiarta Muzizat was proven to have committed a breach of contract by not fulfilling its obligation to deliver goods based on COD, which resulted in material losses of Rp13.3 billion and immaterial losses in the form of a decline in the reputation of PT. Digital Commerce Indonesia. The court's decision affirmed the obligation of business actors to compensate for losses based on Article 1243 of the Civil Code and the principle of pacta sunt servanda. These findings demonstrate the need to strengthen legal protection for vulnerable consumers. The conclusion of the study emphasises that consumer protection must include consumers through the strengthening of regulations, supervision, and effective dispute resolution mechanisms. Further studies are recommended to explore the effectiveness of non-litigation settlements through the BPSK and the integration of electronic contracts in digital consumer protection.
Co-Authors Astika, Mariana Damayanti, Sri Sukmana Jaya, Mardi Khusnah, Aynul Prawesti, Wahyu Subekti Subekti Sukma Riyanti Ningsih, Hana Cindar Wahyu Prawesthi, Wahyu Wahyuningtyas, Adelia