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LEGAL REFORMS IN INDONESIA RELATED TO "PRESIDENTIAL THRESHOLD" OF PRESIDENTIAL CANDIDATE IN LAW NO. 7/2017 CONCERNING GENERAL ELECTIONS Wiraguna, Sidi Ahyar; Fakrulloh, Zudan Arief
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 2 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i2.194

Abstract

The election is the manifestation of freedom in choosing the president, vice-president and legislature parliament in a country because the elections has a role as a mechanism for political change regarding the funds patterns for the direction of public policy/or regarding the circulation of the elite periodically and in an orderly manner. Indonesia itself holds the presidential and vice-presidential elections every five years that requires its citizens to vote the potential candidates for becoming the president and vice president for the next 5 years. This research aims to find out the legal reforms related to presidential nomination of presidential threshold based on Law No. 7/2017 concerning the General Elections. This research examines the law concerning presidential elections and presidential threshold based on 1945 Constitution in Indonesia to find out the president election and the obstacles in its implementation. This research indicated that it is possible that public expect more candidate than just two candidates. Then, the public will only vote for presidential candidates from the dominant political party, not the party that suits the community's needs. The result of this research can be concluded that the unnecessary presidential appointments are incompatible with the dignity of Indonesia constitution.
LEGAL VACANCY IN PROTECTION OF VICTIMS OF PERSONAL DATA MISUSE FOR FICTITIOUS BANKING CREDIT Azis, Miftakul; Fakrulloh, Zudan Arief
International Journal of Social Service and Research Vol. 4 No. 12 (2024): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i12.1126

Abstract

Personal data have become a critical issue in the era of global connectivity, where the use of mobile devices such as smartphones and tablets connected to the internet has created an increasingly complex communication network. In recent years, there has been a significant increase in cases of personal data abuse in the banking sector, especially concerning fraudulent loan applications. This study aims to identify the factors that create a legal vacuum in the protection of victims of data abuse. This research adopts a normative legal methodology aimed at examining various legal regulations in Indonesia related to personal data protection. The findings can serve as a foundation for further research aiming at developing comprehensive legal solutions and enhancing victim support mechanisms.
Optimizing The Culture Of Discipline Of Polri Members Based On Pp No 2 Of 2003 To Realize Professionalism Biantoro, Prasojo Soewondo; Fakrulloh, Zudan Arief; Riswadi, Riswadi
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 1 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1012.653 KB) | DOI: 10.58631/injurity.v2i1.16

Abstract

According to Law no. 2 of 2002 concerning safeguarding security and providing community services, protection, protection, and services to the community. This will not be realized if it is not carried out with the discipline of the members of the Police. Deviations in the behavior of Polri members are a violation of the disciplinary regulations of the Polri as stipulated in PP No. 2 of 2003 concerning Disciplinary Regulations for Polri Members. The purpose of writing this journal is the implementation of the implementation of disciplinary law enforcement for members of the Police through disciplinary hearings of the Police, knowing the implementation in the Police disciplinary hearings in realizing a disciplined Police and analyzing optimizing the functions of Police law enforcement in the implementation of disciplinary hearings in order to create a disciplined National Police. It is known that the implementation of disciplinary law enforcement for Polri members through Polri disciplinary hearings is the responsibility of Polri members who violate the law within the corridors of Polri's disciplinary law or violations of the code of ethics, the violation is internally institutional, namely through the trial session and the session of the Professional Code of Ethics Commission. Obstacles in the implementation of the Police disciplinary hearings are changes to the internal legal rules within the National Police, such as the National Police Chief Regulation No. 14 of 2011 concerning the Professional Code of Ethics, previously there were two National Police Chief Regulations governing the same thing, namely the National Police Chief Decree No. Pol: KEP/32 / VII/2003 and Regulation of the Chief of Police, Regulation of the Chief of Police Number 7 of 2006. The new regulation on the Code of Ethics for the Police Profession does not provide sufficient explanation. As a result of regulations that have multiple interpretations, each party will have different controls, so that it can open up opportunities for law enforcement to occur which ultimately creates legal uncertainty
Legal Protection For Doctors In Providing Medical Services Steavanno, Dedet; Nurdin, Boy; Fakrulloh, Zudan Arief
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 1 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1310.502 KB) | DOI: 10.58631/injurity.v2i1.19

Abstract

The rampant was reported in the mass media mass related to the doctor's profession, that many malpractices were found by doctors in Indonesia and according to the report of the central health legal aid institution, there were approximately 150 cases of malpractice even though most did not reach the court. Likewise, public reports to the Indonesian Doctors Association (IDI) from 1998 to 2004 were 306 cases of complaints of alleged malpractice. This condition causes anxiety or concerns among doctors, because if it does not help it is declared wrong according to law and when helped at risk, the patient or family is prosecuted if it is not in accordance with his expectations. Because of that, in addition to the obligations that must be met, doctors are also equipped with doctors' rights. Normatively these rights have been listed in the legislation which can be demanded its existence, especially regulated in Article 50 of the UUPK.
Case Study of Studio Ghibli VS Open AI for the Proposed Revision of Indonesia Law Number 28 of 2014 Concerning Copyright Maria, Indri; Fakrulloh, Zudan Arief
Jurnal Syntax Transformation Vol 6 No 7 (2025): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v6i7.1087

Abstract

The rise of generative artificial intelligence (AI) tools that transform photos into illustrations inspired by Japan’s Studio Ghibli style has ignited debates about the protection of art styles under copyright law. This situation has prompted concerns over whether Studio Ghibli could take legal action against OpenAI for issues like false advertising, trademark infringement, or unfair competition, particularly regarding the use of Ghibli’s copyrighted works in training AI models. While the Ghibli case does not directly apply to Indonesia, it raises questions about how Indonesian law could protect local artists in similar circumstances. This research aims to analyze comparative strategies for drafting government regulations in response to the challenges posed by AI, focusing on Indonesian copyright law. A normative legal approach is used, relying on library research to examine relevant legal sources and regulations. The study identifies potential gaps in current Indonesian copyright protections for digital creations influenced by AI. In conclusion, it offers recommendations for adapting Indonesian law to safeguard the rights of artists in the age of AI, drawing lessons from international cases like Studio Ghibli vs. Open AI.
Utilization of AI in Optimizing the Legislative Oversight Function Innovation to Increase Government Transparency and Accountability in the Digital Era Fernando, Agung; Fakrulloh, Zudan Arief
International Journal of Social Service and Research Vol. 5 No. 6 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i6.1253

Abstract

The digital era presents both challenges and opportunities for the oversight function of the Indonesian House of Representatives (DPR RI). The complexity of government and increasing data volumes demand innovation in oversight mechanisms. This qualitative research, based on secondary data analysis from academic journals, government reports, international organization publications, and other relevant sources, explores the potential for utilizing Artificial Intelligence (AI) to optimize the legislative oversight function and improve the transparency and accountability of the Indonesian government. The results of the analysis show that AI can be applied in various areas of oversight, such as budget analysis, monitoring the implementation of laws and policies, and managing public aspirations, through technologies such as Natural Language Processing and Machine Learning. The use of AI has the potential to strengthen the DPR's analytical capacity, encourage evidence-based accountability, and improve access to information. However, its implementation faces significant challenges, including the risk of algorithmic bias, data privacy and security issues, issues of transparency (explainability) and accountability of algorithms, and capacity and infrastructure gaps. A comprehensive AI regulatory and governance framework, infrastructure and capacity investment, and an ethical and responsible implementation approach are needed, while still ensuring the central role of humans in the oversight process.
Legal Study on the Payment Mechanism of Copyright Royalties and Its Implications in the Indonesian Creative Industry Ibrahim; Fakrulloh, Zudan Arief
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.363

Abstract

The rapid development of the creative industry in Indonesia has prompted the emergence of various debates regarding the mechanism for payment of copyright royalties, especially related to direct and indirect payments to the owners of works. This problem is further complicated by various interpretations of applicable legal provisions, such as those stipulated in Law Number 28 of 2014 Article 2 and Article 3, as well as other implementing regulations that regulate the royalty distributive mechanism. This research aims to criticize and analyze in depth the differences in the royalty payment mechanism, identify existing legal loopholes, and provide recommendations for regulatory adjustments to create a fairer and more transparent system between creators and users of works. This study method uses a normative approach with juridical and comparative analysis, which is complemented by literature review, legal document studies, and case analysis related to the implementation of royalty payments in the creative industry sector. The results show that direct royalty payment mechanisms offer higher revenue transparency and accuracy in financial distribution, while indirect payment systems often lead to less effective administrative complexity and supervision. The analysis also revealed that there are shortcomings in the synchronization of implementation between laws and regulations and industry practices, thus causing potential legal disputes. Overall, this study concludes that regulatory harmonization through revision and sharpening of legal provisions, as well as improving supervisory mechanisms, is a strategic step to overcome copyright royalty polemics, encourage distributive justice, and support the sustainable growth of the creative industry in Indonesia.
Reform of Working Hours Regulations for Medical Specialist Education Programs Towards Balance in Education and Service Hutagalung, Tiur Hasmida; Fakrulloh, Zudan Arief
Journal Of Social Science (JoSS) Vol 3 No 12 (2024): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i12.390

Abstract

Regulations on working hours for Medical Specialist Education Program (PPDS) participants in Indonesia play an important role in maintaining a balance between education and health services. However, legal loopholes and lack of supervision have led to many PPDS participants being forced to work beyond the prescribed limits, which negatively affects their physical and mental health. This study aims to analyze existing regulations related to PPDS working hours, identify legal loopholes that affect the welfare of participants, and provide recommendations for regulatory improvements. The method used in this research is a normative legal research method with a legislative and conceptual approach. The data used are secondary sources, including relevant laws, legal journals, and official government documents. The results show that although there are regulations governing working hours, their implementation is often inconsistent in the field. Many PPDS participants reported working hours exceeding 80 hours per week, especially in emergency situations. This finding indicates the need for legal reform to create a better system. In conclusion, regulatory reforms regarding working hours for PPDS participants are urgently needed to ensure the welfare of participants and the quality of health services. Recommendations for improvement include stricter enforcement of working hour limits, improved supervision systems, and active collaboration with the Ministry of Health.
Legal Uncertainty for Persons with Disabilities as Victims and Witnesses in Criminal Justice in Indonesia Rakhmawaty, Popy; Fakrulloh, Zudan Arief
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 11 (2024): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i11.333

Abstract

This study examines the legal uncertainty faced by persons with disabilities as witnesses and victims within Indonesia's criminal justice system. Although there are regulations that acknowledge the rights of persons with disabilities, their implementation often encounters various obstacles, ranging from inadequate accommodations to limited understanding among law enforcement officials. This legal uncertainty adversely impacts access to justice for persons with disabilities, who often feel marginalized within the legal process. Therefore, this research also discusses efforts to fulfill the rights of persons with disabilities as witnesses and victims, including the importance of training for law enforcement personnel, providing appropriate accommodations, and conducting comprehensive personal assessments to meet their specific needs. This study is expected to provide recommendations for policymakers to enhance legal protection and ensure accessibility for persons with disabilities within the criminal justice system.
Reform of Law Enforcement to Strengthen the Legal System in Eradicating Money Laundering Through Cryptocurrency Investments rusman, Rusman; Fakrulloh, Zudan Arief
Journal of Social Research Vol. 4 No. 1 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i1.2332

Abstract

Cryptocurrency investments are rapidly developing worldwide, including in Indonesia. Behind its profit potential, digital assets also open opportunities for criminals to commit money laundering offenses. The anonymity, pseudonymity, and decentralization of blockchain technology underlying cryptocurrencies create challenges for law enforcement in tracking illegal activities that exploit these assets. This study aims to examine the role of existing regulations in preventing the use of digital assets as a means of money laundering and to identify the challenges faced by law enforcement in enforcing rules against suspected cryptocurrency transactions. The research will analyze the extent to which the existing regulations, both at the national and international levels, are effective in preventing the use of cryptocurrencies for money laundering crimes. The second subtitle will explore various technical and legal constraints faced by law enforcement, including the lack of international cooperation, limitations of monitoring technology, and the low level of technical expertise among law enforcement officials.