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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Yuris: Journal of Court and Justice Acitya Wisesa: Journal of Multidisciplinary Research West Science Law and Human Rights West Science Interdisciplinary Studies West Science Interdisciplinary Studies West Science Social and Humanities Studies
Hartantien, Sinarianda Kurnia
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Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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LEGAL PROTECTION FOR CONSUMERS AS VICTIMS OF SWAB/PCR TESTS BASED ON REGULATION NO. 8/1999 REGARDING CONSUMER PROTECTION Dewangga, Raditya Aufar; Hartantien, Sinarianda Kurnia
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i3.94

Abstract

In the pandemic era, it is clear that compliance with procedures is essential and has a significant impact on ending the pandemic. Besides wearing masks and maintaining social distancing, routine testing to detect the virus—such as antigen tests—is also necessary. This requirement is based on the Minister of Health’s Decree No. 234/2020, issued on April 7, 2020, which mandates all laboratories in Indonesia to implement early identification and report results to the local Health Office. However, this situation has led to a new form of crime that indirectly violates consumer rights through the falsification of test results by service providers. In similar cases, legal discussions often focus on criminal liability, while consumer rights and protections are also at stake. This study examines the legal protection available to consumers affected by fake SWAB/PCR tests, as well as the government’s responsibilities and efforts in ensuring legal protection for those harmed. The research employs a Juridical-Normative approach, utilizing secondary legal materials with statutory and case-based analysis. A descriptive-analytical specification is used to address the research problem as defined by the researchers.
LEGAL PROTECTION OF VULNERABLE GROUPS' RIGHTS IN GENERAL ELECTIONS Sarbini, Dr.; Hartantien, Sinarianda Kurnia
YURIS: Journal of Court and Justice Vol. 2 Issue 2 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i2.336

Abstract

A country is considered a democracy if the government regulations allow its citizens to participate in political activities to the greatest possible extent as a form of implementing democratic values. General elections are one of the main pillars to support a democratic political system. General elections are held to elect representatives of the people at the central and regional levels in order to obtain support from the public to achieve the country’s national goals which are held regularly in a certain period or period of time. General elections are a source of citizens’ aspirations in determining the leaders who will compete for their voices. It includes the fulfillment and protection of the rights of vulnerable groups. The approach used in this research is the juridical-normative approach, that is, legal research conducted by examining library materials or secondary materials as basic material to be researched by conducting a search for regulations and literature related to the problem being researched. According to The Indonesian National Human Rights Commission, there are groups of people whose voting rights are vulnerable to manipulation during elections. There are 16 vulnerable groups in the general election, such as: disabilities and people with mental disabilities (ODDM); prisoners; prison inmates, plantation and mining workers; migrant workers; domestic workers; frontier society; alienated tribal communities; the elderly; LGBTQ; PLHIV; refugees of social conflict/natural disasters; homeless; women; hospital patients and health workers; and novice voters.
JUDICIAL REVIEW OF CRIMINAL OFFENSES ON CUSTOMER DATA THEFT OF BANKS IMPLICATED IN THE LOSS OF CUSTOMER’S MONEY Cahyono, Febrian Dwi Putra; Hartantien, Sinarianda Kurnia
YURIS: Journal of Court and Justice Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.398

Abstract

Technological developments in the banking sector intend to improve the quality service for the community, especially those who are often called customers in banking transactions. The convenience provided in the banking sector has contributed to several crimes regarding the criminal act of customer data theft, considering that technological advances in banking services have facilitated the perpetrators to commit their crimes. The purpose of this research is to examine and obtain a legal perspective on the criminal act of customer data theft. The method of this research is normative juridical. According to the findings in this research, it is obtained that the positive legal regulation of the criminal offense regarding customer data theft is intended to provide relevant sanctions and legal protection to the perpetrators and victims of crime. The existence of criminal liability for the perpetrators of criminal acts of customer data theft, requires the application of criminal sanctions as a real effort to eradicate these crimes so as not to cause many losses.
JURIDICAL ANALYSIS OF APPEAL COURT DECISION NUMBER: 330/PDT/2023/PT BDG ON INDEMNIFICATION Hidayat, Ahmad; Hartantien, Sinarianda Kurnia; Kumalasari, Dewi Ratih; Deviyanti, Charina Ayu
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i3.650

Abstract

Globalization and the development of information technology, especially the internet, have changed many aspects of human life, which includes the way people connect with each other. Easy access to new information and social media usage, such as Facebook, create new legal challenges, especially when it comes to defamation. In Indonesia, the ITE Law regulates online behavior related to defamation, and Articles 1365 and 1372 of the Civil Code allow victims to claim damages, both physical and psychological, for losses suffered. This research aims to understand that defamation can be categorized as a violation of the law and punitive damages can be claimed. This normative juridical research uses primary legal materials, such as the Civil Code, Criminal Code, and Electronic Information Technology Law, as with secondary legal materials such as literature and journals. Articles 1365-1380 of the Civil Code regulate unlawful acts that can damage a person’s reputation. For instance, the case of Iin Yuhinda v. Septiano Broery Hidayat shows that defamation is a tort if it fulfills the elements in Article 1365 of the Civil Code. In addition, Articles 1243-1252 of the Civil Code also regulate compensation in violation of law cases. The results of this research indicated that a person who is damaged by defamation has the right to file a claim for compensation because it violates the law. Article 1365 of the Civil Code states that any act that harms another person must be compensated, while Articles 1372-1380 regulate the manner of claiming compensation for defamation.
BRICS and International Law: A Critical Comparative Analysis of Sovereignty and Non-Intervention Policy Rahmawati, Diah Ayu; Haryono, Haryono; Utari, Woro; Hartantien, Sinarianda Kurnia; Soraya, Joice
West Science Interdisciplinary Studies Vol. 2 No. 12 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i12.1549

Abstract

The BRICS group, made up of Brazil, Russia, India, China, and South Africa, has become an influential instrument of international law, especially with respect to its promotion of sovereignty and the policy of non-intervention. The paper discusses both the collective and individual contribution of BRICS countries toward the interpretation and implementation of these principles through a normative juridical perspective. The findings reveal that while BRICS upholds state sovereignty and is against unilateral interventions, huge variations between member states remain because of the diverse historical, cultural, and strategic contexts in which they are situated. Case studies, including Russia's actions in Crimea and China's South China Sea policies, highlight both alignment and contradictions within the bloc. While BRICS contributes to the positive promotion of sovereignty and the espousal of multilateralism in global governance, challenges in terms of incoherent practices and lack of cohesion remain. The present research underlines BRICS' potential to lead a multipolar international legal system in striking a balance between state autonomy and collective responsibility.
Legal Framework and Law Enforcement of Illegal Fishing in Indonesia: A Normative Juridical Approach to the Protection of Maritime Sovereignty Rahmawati, Diah Ayu; Hartantien, Sinarianda Kurnia; Kumalasari, Dewi Ratih; Haryono, Haryono; Endarto, Budi
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1652

Abstract

The paper will attempt to discuss illegal fishing in Indonesia from a legal framework and law enforcement perspective and its implications for the protection of maritime sovereignty. Based on this, the research will apply a normative juridical approach, studying in detail the laws, regulations, and practices of enforcement and the various challenges and opportunities arising out of them. Indnesia legal framework through the Fisheries Law no 45 of 2009 and the Presidential Decree no. 115 of 2015 set a good backbone regarding IUU fishing activities; still, poor enforcement is highly seen due to shortcomings in limited resources, corruption, fragmented jurisdiction, and less international cooperation. The paper analyses these discrepancies and assesses Indonesia's current legislation and the efforts carried out on tackling IUU in comparison to relevant international practices. It also gives some recommendations on how to strengthen the legal definition, mechanisms of enforcement, increasing resource allocations, and improvement in international cooperation. The result shows that integrated efforts with more transparency and accountability are needed in order to properly protect Indonesia's maritime sovereignty effectively.
BRICS and International Law: A Critical Comparative Analysis of Sovereignty and Non-Intervention Policy Rahmawati, Diah Ayu; Haryono, Haryono; Utari, Woro; Hartantien, Sinarianda Kurnia; Soraya, Joice
West Science Interdisciplinary Studies Vol. 2 No. 12 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i12.1549

Abstract

The BRICS group, made up of Brazil, Russia, India, China, and South Africa, has become an influential instrument of international law, especially with respect to its promotion of sovereignty and the policy of non-intervention. The paper discusses both the collective and individual contribution of BRICS countries toward the interpretation and implementation of these principles through a normative juridical perspective. The findings reveal that while BRICS upholds state sovereignty and is against unilateral interventions, huge variations between member states remain because of the diverse historical, cultural, and strategic contexts in which they are situated. Case studies, including Russia's actions in Crimea and China's South China Sea policies, highlight both alignment and contradictions within the bloc. While BRICS contributes to the positive promotion of sovereignty and the espousal of multilateralism in global governance, challenges in terms of incoherent practices and lack of cohesion remain. The present research underlines BRICS' potential to lead a multipolar international legal system in striking a balance between state autonomy and collective responsibility.
Environmental Law and Policy in BRICS Countries: Legal Analyses of Sustainable Development Goals and Enforcement Strategies’ ’Human Rights in BRICS: A Comparative Approach to International Standards and Domestic Legal Systems Rahmawati, Diah Ayu; Haryono, Haryono; Utari, Woro; Prayogi, Yoga Adi; Hartantien, Sinarianda Kurnia
West Science Social and Humanities Studies Vol. 2 No. 12 (2024): West Science Social and Humanities Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsshs.v2i12.1560

Abstract

This paper examines the legal frameworks and enforcement strategies related to environmental governance and human rights in BRICS countries-Brazil, Russia, India, China, and South Africa. Through normative analysis, the study explores the alignment of national laws with Sustainable Development Goals (SDGs) and international human rights standards. The findings reveal significant variations in legislative approaches and enforcement mechanisms across BRICS nations, influenced by socio-economic priorities and institutional capacities. The analysis highlights the challenges of balancing economic growth with sustainability and social equity while identifying best practices and opportunities for regional collaboration. This study contributes to the discourse on sustainable development by emphasizing the need for integrated legal approaches to environmental governance and human rights protection in BRICS countries.
BRICS and International Law: A Critical Comparative Analysis of Sovereignty and Non-Intervention Policy Rahmawati, Diah Ayu; Haryono, Haryono; Utari, Woro; Hartantien, Sinarianda Kurnia; Soraya, Joice
West Science Interdisciplinary Studies Vol. 2 No. 12 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i12.1549

Abstract

The BRICS group, made up of Brazil, Russia, India, China, and South Africa, has become an influential instrument of international law, especially with respect to its promotion of sovereignty and the policy of non-intervention. The paper discusses both the collective and individual contribution of BRICS countries toward the interpretation and implementation of these principles through a normative juridical perspective. The findings reveal that while BRICS upholds state sovereignty and is against unilateral interventions, huge variations between member states remain because of the diverse historical, cultural, and strategic contexts in which they are situated. Case studies, including Russia's actions in Crimea and China's South China Sea policies, highlight both alignment and contradictions within the bloc. While BRICS contributes to the positive promotion of sovereignty and the espousal of multilateralism in global governance, challenges in terms of incoherent practices and lack of cohesion remain. The present research underlines BRICS' potential to lead a multipolar international legal system in striking a balance between state autonomy and collective responsibility.
Legal Framework and Law Enforcement of Illegal Fishing in Indonesia: A Normative Juridical Approach to the Protection of Maritime Sovereignty Rahmawati, Diah Ayu; Hartantien, Sinarianda Kurnia; Kumalasari, Dewi Ratih; Haryono, Haryono; Endarto, Budi
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1652

Abstract

The paper will attempt to discuss illegal fishing in Indonesia from a legal framework and law enforcement perspective and its implications for the protection of maritime sovereignty. Based on this, the research will apply a normative juridical approach, studying in detail the laws, regulations, and practices of enforcement and the various challenges and opportunities arising out of them. Indnesia legal framework through the Fisheries Law no 45 of 2009 and the Presidential Decree no. 115 of 2015 set a good backbone regarding IUU fishing activities; still, poor enforcement is highly seen due to shortcomings in limited resources, corruption, fragmented jurisdiction, and less international cooperation. The paper analyses these discrepancies and assesses Indonesia's current legislation and the efforts carried out on tackling IUU in comparison to relevant international practices. It also gives some recommendations on how to strengthen the legal definition, mechanisms of enforcement, increasing resource allocations, and improvement in international cooperation. The result shows that integrated efforts with more transparency and accountability are needed in order to properly protect Indonesia's maritime sovereignty effectively.
Co-Authors Ahmad Hidayat Budi Endarto Cahyono, Febrian Dwi Putra Deviyanti, Charina Ayu Dewangga, Raditya Aufar Haryono Haryono Kumalasari, Dewi Ratih Prayogi, Yoga Adi Rahmawati, Diah Ayu Sarbini, Dr. Woro Utari