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Negara, Dharma Setiawan
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Restoring Victims of Wrongful Arrest: Automatic Compensation through a Parallel Justice Approach Susilo, Erwin; Negara, Dharma Setiawan; Lufsiana, Lufsiana
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.375-391

Abstract

This study aims to analyze the weaknesses of the existing compensation mechanism for victims of wrongful arrest in the criminal justice system and to propose a reform model based on the principle of Parallel Justice (PJ). Although Indonesian law, particularly the Criminal Procedure Code and Government Regulation No. 92/2015, already provides a legal basis for compensation, the mechanism remains petition-based and dependent on victims’ initiative through pre-trial proceedings. Such a passive system creates structural injustice and fails to guarantee effective recovery for victims of state error. The research method used in this study is normative legal research, employing statutory, conceptual, and comparative approaches. The statutory approach is applied to examine the positive law in Indonesia regarding compensation. The conceptual approach is used to analyze and reformulate the theory of compensation by incorporating the PJ framework developed by Susan Herman, which emphasizes proactive victim restoration. The comparative approach reviews practices in other jurisdictions such as Germany, the Netherlands, Italy, and the United States to identify models of automatic compensation that can be adapted into the Indonesian context. The novelty in this research is the application of the Parallel Justice concept—originally designed for crime victims in general—to the context of wrongful arrest caused by state authorities. This adaptation provides a new paradigm in Indonesian criminal procedure by positioning victims of wrongful arrest not merely as claimants but as individuals entitled to automatic state responsibility. Based on the research, it is concluded that adopting the PJ approach can create a more responsive, victim-oriented, and automatic compensation system. Such reform would strengthen the protection of human rights, enhance public trust in the legal system, and ensure that victims of wrongful arrest are restored fairly, quickly, and comprehensively.
The Innovation of Criminal Law Interpretation Model in Indonesia through Rule of Lenity Approach Susilo, Erwin; Negara, Dharma Setiawan; Lufsiana, Lufsiana
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i3.47103

Abstract

This research aims to explore and develop an innovative concept of criminal law interpretation in Indonesia through the Rule of Lenity (RoL) approach. The RoL principle, originating from the common law system, emphasizes that ambiguous criminal provisions must be interpreted narrowly and always in favor of the defendant. Within Indonesia’s civil law system, adopting RoL has the potential to strengthen legal certainty, safeguard defendants’ human rights, and reduce the risk of arbitrariness in law enforcement practices. The study employs normative legal research methods, focusing on theoretical foundations of the principle of legality, established doctrines of statutory interpretation, and comparative analysis of RoL application in common law jurisdictions, particularly the United States. The findings suggest that RoL in Indonesia should only serve as a last resort, applied strictly when all existing interpretative methods still leave unresolved ambiguity. This ensures that RoL does not undermine legal predictability while simultaneously upholding fairness in criminal adjudication. The conclusion highlights the necessity of explicitly regulating RoL within Indonesian positive law. Such regulation would provide judges with clearer guidance, reinforce protections for defendants, and contribute to achieving a balanced criminal justice system. Ultimately, the integration of RoL offers a pathway for Indonesia to harmonize its civil law tradition with a principle that enhances justice and prevents potential abuse of prosecutorial and judicial discretion.
Digital Empowerment: Ensuring Legal Protections for Online Arisan Engagements Negara, Dharma Setiawan; Darmawan, Didit
Bulletin of Science, Technology and Society Vol. 2 No. 2 (2023): Bulletin of Science, Technology and Society (August)
Publisher : Metromedia

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Abstract

Digitalization changes transactions that initially had to meet without physical meetings. One example is online social gathering which is the result of this development, where the agreement and implementation of the social gathering is carried out via social media platforms. At the same time, this agreement also creates an agreement, so that online or virtual social gatherings become the basis for its implementation. Even though this transaction has provided convenience, it will also pose risks for participants in the virtual social gathering. This research aims to find the characteristics of online arisan agreements which are based on positive Indonesian legal rules and identify legal protection efforts for online arisan members. The data was analyzed qualitatively after going through the stages of examination, reconstruction and data systematization. The study results indicate online social gathering agreements exhibit a number of distinguishable features. To begin with, these agreements made online can be categorized as anonymous agreements, standard agreements, and reciprocal agreements. This indicates the various forms of online social gathering agreements that exist. Second, the requirements for participating in online social gatherings are usually broadcast via social media, and communication occurs online or virtually, without direct face-to-face meetings. The existing online social gathering agreement is carried out virtually, based on the level of trust that is built between the owner/organizer as well as the participants in the social gathering. Third, from a legal perspective, Agreements related to online social gatherings are regarded as electronic transactions as per the electronic information and transactions law (UU ITE). This indicates that electronic rules apply to this agreement. Fourth, proof of The agreement for the online social gathering can be located using the withdrawal serial number provided by the owner or organizer to the members at the beginning of the event. This is concrete evidence of the agreement that has been made. Apart from that, legal protection for the public, especially online social gathering members, is divided into two. First, preventive legal protection or in other words efforts to prevent legal problems before they occur, which have been regulated in the laws and regulations related to online social gatherings, namely in the Civil Code (KUHPerdata), the ITE Law, and online social gathering agreements. have been made by the parties themselves. This aims to prevent violations and conflicts in online social gathering agreements. Second, Stringent legal safeguarding encompasses penalties, including monetary fines and restitution given in cases of violation of online social gathering agreements. For this reason, legal remedies are available to maintain the security and validity of online social gathering agreements in accordance with Indonesian law.
Competition Law in the Digital Era: Perspective on Startup Companies in Indonesia Mustafa, Abraham Reyhand; Hardyansah, Rommy; Putra, Arif Rachman; Wibowo, Agung Satryo; Negara, Dharma Setiawan
Bulletin of Science, Technology and Society Vol. 4 No. 1 (2025): Bulletin of Science, Technology and Society (May)
Publisher : Metromedia

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Abstract

Business competition in the digital era presents new challenges for startups in Indonesia, such as the dominance of large platforms, algorithmic discrimination, and the lack of digital infrastructure. Law Number 5 of 1999 as the legal basis for business competition has not fully accommodated technological developments such as algorithms, big data, and the digital ecosystem. This research analyzes the application of competition regulations to startups in the digital era, focusing on challenges such as market access inequality and the lack of legal education. Additionally, this research explores opportunities such as the use of disruptive technology and collaboration between startups and regulators. With a normative-empirical approach, this research examines the relevance of current regulations and provides strategic recommendations to create a fair and sustainable digital business ecosystem. The research results indicate that revising regulations to be responsive to the digital era is essential to support healthy competition and innovation in the startup sector.
Pembatasan Upaya Hukum Peninjuan Kembali di Jerman dan di Indonesia Negara, Dharma Setiawan; Susilo, Erwin; Syamsuyar, Khairul Umam
Jurnal Hukum Lex Generalis Vol 6 No 1 (2025): Tema Hukum Internasional dan Perbandingan Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i1.1242

Abstract

Judicial review (PK) is an extraordinary legal effort that allows criminal cases to be reopened even though they already have permanent legal force (res judicata). This mechanism aims to correct judicial errors that can occur due to novum, judge's error, or conflicting decisions. However, in the Indonesian legal system, PK can only be submitted by the convict or his heirs, which has given rise to debate regarding limited access to justice. This study highlights the relevance and implications of these limitations and compares them with legal systems in other countries, such as Germany, which implements the Wiederaufnahme des Verfahrens mechanism in the Strafprozessordnung (StPO). Through comparative analysis, it was found that the Indonesian legal system still has normative ambiguity in determining the limits of judge error and the category of novum that can be used as the basis for a PK. This study proposes a reformulation of the PK concept that is more inclusive, by expanding the subjects who have the right to apply for a PK not only limited to the convict or his heirs, but also other parties who have legal interests. In addition, stricter regulations are needed regarding the limits of judge error and the validity of the novum, as implemented in Article 359 of the German StPO.
Analisis Kritis terhadap Relevansi Asas Ne Bis In Idem dalam Perkara Perceraian Negara, Dharma Setiawan; Susilo, Erwin; Lufsiana
Jurnal Hukum Lex Generalis Vol 6 No 6 (2025): Tema Hukum Keluarga
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i6.1243

Abstract

Marriage in Indonesia is regulated by Law Number 1 of 1974 concerning Marriage in conjunction with Law Number 16 of 2019. One form of dissolution of marriage is through divorce decided by the court. This study examines the application of the principle of ne bis in idem in divorce cases, namely the legal principle that prohibits the retrial of the same case that has obtained permanent legal force. This study found differences in academic opinion regarding its application in divorce cases. Some legal experts argue that ne bis in idem applies in divorce cases, while others consider this principle inappropriate to apply considering the dynamics of emotional relationships and the possibility of new legal facts emerging. This study also discusses the regulation of divorce law in Indonesia, both for Muslims and non-Muslims, divorce procedures, and the legal consequences that arise, such as child custody and division of joint property. The findings indicate the need for special regulations, for example through a Circular of the Supreme Court, to provide legal certainty in the application of the principle of ne bis in idem in divorce cases.
Eksaminasi Keabsahan Penggeledahan dan Penyitaan dalam Praperadilan: Rekonstruksi Kewenangan dengan Pendekatan Plain View Doctrine Susilo, Erwin; Negara, Dharma Setiawan; Rafi, Muhammad
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1244

Abstract

Pretrial motion in Indonesia, inspired by the principle of habeas corpus, has the authority to test the legality of law enforcement actions, including searches and seizures. However, this mechanism is *post-factum* and limited to formal aspects, such as the completeness of the warrant, without assessing the material requirements that determine the legality of the action. This limitation has the potential to cause injustice, especially in cases of urgent searches and seizures, where officers often act without prior court permission. This study aims to reconstruct the authority of pretrial motion by integrating the Plain View Doctrine (PVD), a doctrine from the common law system that allows the seizure of evidence without a warrant if it meets three requirements: (1) officers are legally present at the location, (2) the evidence is clearly visible (immediately apparent), and (3) there is a probable cause that connects the object to the crime. The research method used is normative juridical with a conceptual and statutory approach. The results of the study indicate that the application of PVD can strengthen the pretrial control function by expanding the scope of testing from merely formal to substantial aspects. In addition, this study proposes the optimization of digital systems such as *E-Berpadu* to accelerate the licensing process in urgent circumstances. Thus, the reconstruction of pretrial authority based on PVD is expected to ensure a balance between the effectiveness of law enforcement and the protection of human rights.
Legal Responsibility of Companies in Cases of Personal Data Breaches Dirgantara, Febrian; Negara, Dharma Setiawan; Darmawan, Didit; Aryanto, Endra Andie; Shahab, Alwi Mohamad
Innovative: Journal Of Social Science Research Vol. 5 No. 1 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i1.18046

Abstract

Personal data leak cases in Indonesia are becoming an increasingly pressing issue in the digital era. This study aims to analyze the legal responsibility of companies in cases of personal data leaks, identify the main factors causing the incident, and evaluate weaknesses in the existing regulatory and supervisory systems. A normative legal approach is used by reviewing Law Number 27 of 2022 concerning Personal Data Protection and other related regulations. The results of the study indicate that data leaks are caused by weak security infrastructure, low employee awareness, and lack of compliance with data protection standards. Regulatory disharmony and weak supervision are major obstacles in ensuring company compliance with legal obligations. This study recommends improving data security through advanced technology, regulatory harmonization, strengthening supervisory mechanisms, and educating the public about personal data protection rights. Thus, this study is expected to provide practical and theoretical contributions to the development of a more effective personal data protection system in Indonesia.
Constitutionality of PERPU Number 2 of 2022 Concerning Job Creation Based on the Ruling of the Constitutional Court Number 91/PUU-XVIII/2020 Negara, Dharma Setiawan; Lufsiana, Lufsiana; Nainggolan, Samuel Dharma Putra
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2023.13.1.159-179

Abstract

Applicability Constitution Number 11 of 2020 concerning Job Creation changes several arrangements previous employment _ arranged in Constitution Number 13 of 2003 Concerning Employment give rise to various polemic in proven implementation _ with he sued Constitution Number 11 of 2020 concerning Job Creation to Court The resulting constitution decision that Constitution the must repair, especially those related with employment. Because of That Government through the President set Regulation Government Replacement Law (PERPU) Number 2 of 2022 concerning Job Creation as an answer to the polemic and emptiness of the law that occurred. Study This is a study law normative with the use approach legislation and approach conceptual study about the constitutionality of PERPU Number 2 of 2022 concerning Job Creation which has been determined by the President Republic of Indonesia. PERPU is made only if a situation is critical. PERPU 2/2022 was created when the Job Creation Law was declared to need to be revised because it was decided by the MK to be in conflict with the Constitution, while the Covid 19 conditions required the state to continue to maintain economic stability, therefore PERPU 2/2022 was issued, however, this PERPU was also challenged by the MK because It is considered that some of the content does not reflect any form of protection for workers. Apart from that, the applicant's argument for a judicial review of PERPU also argued that PERPU 2/2022 was made even though it was not in a critical situation.
REORGANIZATION OF THE TAX COURT WITHIN THE STATE ADMINISTRATIVE COURT POST CONSTITUTIONAL COURT DECISION NO 26/PUU-XXI/2023 Negara, Dharma Setiawan; Husban, Husban; Putra Nainggolan, Samuel Dharma; Lufsiana, Lufsiana
IBLAM LAW REVIEW Vol. 3 No. 2 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i2.323

Abstract

Pursuant to Article 24 paragraph (2) of the 1945 Constitution of the Republic of Indonesia (1945 Constitution of the Republic of Indonesia) it is stated that judicial power is exercised by a Supreme Court and judicial bodies under it within the realm of general courts, religious courts, military courts, state administrative courts and by a Constitutional Court. Based on Article 1 number 8 of Law Number 48 of 2009 Concerning Judicial Power (UU 48/2009) there is a special court that has the authority to examine and hear and decide on certain cases which can only be formed within one of the judicial bodies under the Supreme Court. regulated in laws and regulations. The limitation of judicial institutions as stipulated in Article 24 paragraph (2) of the 1945 Constitution of the Republic of Indonesia does not allow for judicial institutions that are not within the scope of the Supreme Court and/or the Constitutional Court. However, there is a judicial institution, namely the Tax Court as stipulated in Article 2 of Law Number 14 of 2002 concerning the Tax Court (UU 14/2002), which is a judicial body that exercises judicial power for taxpayers seeking justice in tax disputes. Regarding the Tax Court, the guidance is carried out by the Supreme Court and the Ministry of Finance. This makes the tax court not completely independent as a judicial institution in general that carries out a judicial function (there is still interference from the executive branch, namely the ministry of finance), plus that the Supreme Court, in order to be able to fully supervise the tax court both technically and administratively, the tax court should be under the judicial institutions under the Supreme Court. This research is a normative juridical research using statutory and conceptual approaches with the aim of finding an ideal arrangement regarding the institutional structure of the tax court in Indonesia
Co-Authors Ainal Mardhiah Arif Rachman Putra Aryanto, Endra Andie Didit Darmawan Dirgantara, Febrian Donauli, Edison Dwi Budi Santoso Evendi, Wakid Halizah, Siti Nur Husban, Husban Ikhwanuddin Ikhwanuddin Jahroni Khayru, Rafadi Khan Lufsiana Lufsiana, Lufsiana M. Rafi Mustafa, Abraham Reyhand Nainggolan, Samuel Dharma Putra Nuraini, Reny Pakpahan, Novritsar Hasitongan Rizky, Muchamad Catur Rommy Hardyansah Samsul Arifin Saputra, Rio Shahab, Alwi Mohamad Susilo, Erwin Syamsuyar, Khairul Umam Wibowo, Agung Satryo Widodo, Nanang Saputro Agung Yudhantaka, Lintang