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OPTIMALISASI PERAN DAN FUNGSI LEMBAGA PENYELESAIAN DALAM SENGKETA PERTANAHAN DI KAWASAN PEDESAAN DALAM MEWUJUDKAN GOODWIL Yudanto, Dika; Faried, Femmy Silaswati; -, Suwardi
Ilmu Hukum Prima (IHP) Vol. 6 No. 2 (2023): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v6i2.4200

The development of information and communication technology has had a significant impact on various sectors of life, including the banking sector. The legal system has made essential safeguards to protect bank and customer data security. The latest information regarding developments in the Indonesian Kapital data leak case must be sought through trusted news sources or contacting authorities such as the OJK or Bank Indonesia to obtain accurate and up-to-date information. The Consumer Protection Law seeks to protect bank customers by limiting standard clauses that cannot be avoided in today's banking business world. The method in this research uses normative legal research. Issues in the banking world relate to the legal position of banking in cases of leakage of Indonesian Sharia Bank customer data and banking legal protection efforts that the legal system has carried out to protect the security of bank data and customer data. Two factors cause leaks of customer personal data, namely internal and external factors. Cases of customer data leakage are severe violations of privacy and information security. Banks, including Islamic banks, have a big responsibility in maintaining the confidentiality of customer data and protecting their personal information. If a data leak occurs, the bank could face legal and regulatory consequences, potentially harming its reputation. The method in this research uses normative legal research.

Assessing the Effectiveness of Sukoharjo Bawaslu in Electoral Oversight Amid Institutional Constraints Lestari, Etik Sri; Faried, Femmy Silaswati; Zaelani, Aziz
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.310

This study is driven by the pressing need for effective and independent election oversight to ensure the 2024 General Election is conducted in a democratic, honest, and fair manner. The primary focus is to evaluate the institutional existence and performance of the Sukoharjo Regency General Election Supervisory Body (Bawaslu) in executing its supervisory functions across all stages of the electoral process, as well as to identify the strategies employed for preventing and addressing electoral violations. Utilizing an empirical legal approach, this research employs data collection methods including interviews, document analysis, and field observations. The findings reveal that Bawaslu Sukoharjo has generally fulfilled its duties and exercised its authority in accordance with constitutional mandates and prevailing regulations. Nevertheless, the institution continues to encounter a range of structural, cultural, and technical challenges—most notably, limitations in human resources, budget constraints, and low levels of public participation. In conclusion, the effectiveness of electoral supervision is strongly influenced by the enhancement of institutional capacity and the development of synergistic collaborations with other key stakeholders within the local electoral democracy ecosystem.

Assessing the Effectiveness of Sukoharjo Bawaslu in Electoral Oversight Amid Institutional Constraints Lestari, Etik Sri; Faried, Femmy Silaswati; Zaelani, Aziz
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.310

This study is driven by the pressing need for effective and independent election oversight to ensure the 2024 General Election is conducted in a democratic, honest, and fair manner. The primary focus is to evaluate the institutional existence and performance of the Sukoharjo Regency General Election Supervisory Body (Bawaslu) in executing its supervisory functions across all stages of the electoral process, as well as to identify the strategies employed for preventing and addressing electoral violations. Utilizing an empirical legal approach, this research employs data collection methods including interviews, document analysis, and field observations. The findings reveal that Bawaslu Sukoharjo has generally fulfilled its duties and exercised its authority in accordance with constitutional mandates and prevailing regulations. Nevertheless, the institution continues to encounter a range of structural, cultural, and technical challenges—most notably, limitations in human resources, budget constraints, and low levels of public participation. In conclusion, the effectiveness of electoral supervision is strongly influenced by the enhancement of institutional capacity and the development of synergistic collaborations with other key stakeholders within the local electoral democracy ecosystem.

Abuse of Circumstances as Grounds for Cancellation of Transfer of Rights (Study of Decision Number 186/Pdt.G/2024/Pn Skt) Roseandi Dewi, Anya Diyang; Khaerudin, Ariy; Faried, Femmy Silaswati
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1494

This research examines the application of the concept of undue influence (misbruik van omstandigheden) as an indication for the cancellation of the transfer of rights in Indonesian civil law, specifically through an analysis of Surakarta District Court Decision Number 186/Pdt.G/2024/Pn Skt. Although not explicitly regulated in Indonesian Civil Code, this concept has gained judicial recognition through court decisions and jurisprudence. Undue influence occurs when an agreement is formed under conditions of disparity, where one party takes advantages of the economic or psychological weakness of the other party to obtain unfair benefits. This research uses a normative legal research method with a conceptual approach, examining secondary data through a literature study consisting of primary, secondary, and tertiary legal materials. The data analysis was conducted qualitatively through the stages of data reduction, data representation, and conclusion making. The result of the study show that the concept of undue influence is applied in Indonesian civil law based on open contract law system, the principles of freedom of contract and good faith, as well as the doctrine of unlawful acts. In decision number 186/Pdt.G/2024/Pn Skt, the judges identified five elements of undue influence, including circumstances that weaken the position of the plaintiffs, an unequal power relationship, exploitation of the circumstances by the defendant, lack of freedom of will, and conflict with decency, justice, and humanity.

Administrative Control of Illegal Settlements on Former Cemetery Land in Surakarta Pamungkasari, Dina Wahyu; Faried, Femmy Silaswati; Muhammad Aziz Zaelani
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.404

Illegal settlements in the former Bong Mojo cemetery area of Jebres, Surakarta, constitute a significant challenge to urban spatial planning. The construction of unauthorized buildings on land held under Right of Use (Hak Pakai) status reflects high housing demand, weak regulatory oversight, and insufficient enforcement of land law. This study examines the role of the Surakarta City Office of Housing, Settlement Areas, and Land Affairs in addressing the misuse of Hak Pakai land and identifies the institutional and practical obstacles encountered. Employing an empirical legal research design with a qualitative approach, data were collected through field observations, in-depth interviews, and document analysis. The findings indicate that the agency plays a strategic role in supervision, data management, law enforcement, and cross-sectoral coordination. However, implementation is constrained by limited institutional capacity, community resistance, complex land tenure arrangements, and low levels of regulatory compliance. High housing demand coupled with limited purchasing power further incentivizes illegal land use. This study underscores the need to strengthen spatial control policies, enhance inter-agency coordination, and expand access to affordable housing in order to promote orderly land use and ensure legal certainty in Surakarta.

Police Discretion in the Management of Public Demonstrations: Evidence from the Sragen Police Department Supriyanto, Supriyanto; Faried, Femmy Silaswati; Suniaprily, Firstnandiar Glica Aini
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.411

Police discretionary authority constitutes a strategic legal instrument for maintaining public order, particularly in managing demonstrations with the potential to disrupt security. Nevertheless, the exercise of discretion may give rise to legal concerns if it is not carried out in accordance with the principles of legality, justice, and the protection of human rights. This study examines the implementation of discretionary authority by the Sragen Police within the framework of applicable laws and regulations and evaluates its conformity with the principles of justice, due process of law, and respect for human rights. Employing a normative–empirical legal methodology, this study adopts statutory, conceptual, and case-based approaches, supported by field data obtained through interviews and a review of relevant literature. The findings indicate that police discretion in Sragen has generally been exercised in a proportional and accountable manner, consistent with the prevailing legal framework and with an emphasis on preventive measures. The study concludes that police discretion functions effectively as an adaptive legal instrument insofar as it remains bounded by legal accountability and professional ethics.

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