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All Journal Journal of Law, Poliitic and Humanities Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
Aristias, Adinda
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Kepastian Hukum Terkait Hak-Hak Masyarakat Konservatif Dalam Pembangunan Ibu Kota Nusantara Afifah, Dashilfa; Aristias, Adinda; Manullang, Imelda Arthameisia; Sukma, Nina Fitria; Prasetyo, Handoyo
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11658207

Abstract

The development of Ibu Kota Nusantara (IKN) as the new capital of Indonesia has significant impacts on various community groups, including conservative communities residing in the affected areas. Legal certainty is key to ensuring that their rights are protected during the development process. This study aims to analyze the potential violations of land rights and legal protection of environmental rights for conservative communities in the context of the development of Ibu Kota Nusantara, including rights to land, culture, livelihood, and socio-economics. This study analyzes various regulations and policies implemented to sustain the lives of conservative communities and evaluates the effectiveness of existing legal mechanisms in protecting their interests. The research method used is a normative juridical approach with an analysis of applicable laws and regulations as well as related literature reviews. The results show that there are no comprehensive policies regulating the recognition of indigenous communities in the Ibu Kota Nusantara area, leading to overlapping recognition between different regulations. Thus, there is a risk of violations of land and environmental rights for conservative communities due to the development policies of Ibu Kota Nusantara, which have not fully considered legal certainty for the interests and rights of the conservative communities living there.
Implikasi Hukum Pendewasaan Anak yang Melakukan Perkawinan di Bawah Umur dalam Perjanjian Perkawinan Aristias, Adinda; Fadilla, Dea Aora; Wibowo, Hanifah Fairuz; Manullang, Imelda Arthameisia; Putri, Nasywa Awalia; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11641115

Abstract

Underage marriage is a phenomenon that still occurs frequently in various countries, including Indonesia, even though there are regulations that regulate the minimum age limit for marriage. This article aims to analyze the legal implications of maturing children who marry underage, especially in the context of marriage agreements. The Marriage Law has stipulated the age limit for marriage (material requirements), one of which is the provisions regarding the minimum age limit which are regulated in Article 14 paragraph (2) of Law Number 1 of 1974. Maturity status is related to the validity of a legal act. Immature legal subjects are seen as legal subjects who are not yet capable of acting for and for themselves before the law. The research method used is a normative juridical approach with analysis of statutory regulations, legal doctrine and relevant concrete cases. The research results show that children who marry underage have limited legal capacity to make legal and binding marriage agreements. Children's immaturity causes vulnerability in understanding and bearing the legal consequences of the agreements made. In addition, marriage agreements involving minors often do not meet the requirements for the validity of a contract under civil law, which means the agreement can be considered null and void. In the case of making a marriage agreement before a notary, especially before a minor is married, it is necessary to guarantee the recognition of the child's maturity status.
Tinjauan Kasus Pemerkosaan Berdasarkan Hasil Putusan PN Jayapura Dalam Perspektif Kriminologi Hukum Pidana Indonesia (Studi Kasus Putusan Nomor 139 / Pid.B / 2017 / PN Jap) Aristias, Adinda; Andari, Astriana; Syahrani, Devy Fitri; Fatimah, Ghefira Nur; Nandita, Lufna; Rinanti, Pitra; Syawal, Zahra Auliana Putri; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11561974

Abstract

Many rape cases occur in environments that should provide a sense of security, but actually do the opposite. The term sexual violence is an unreasonable sexual act or act that can harm the victim. This research uses qualitative research methods involving analysis of legal documents and legal literature (Decision Number 139/Pid.B/2017 /PN Jap). This research uses library research to collect data. This research uses secondary data sources such as books, journals, articles and the decision of the Jayapura District Court Number 139/Pid.B/2017/PN Jap. Normative legal research is the type of research used. The results of this research show that the crime of sexual crime or rape is to satisfy the perpetrator's desires by force or not with the consent of both parties. Based on the juridical side, the criminal act of rape is seen based on existing elements, one of which is the occurrence of violence. If seen based on the decision in case Number 139 / Pid.B / 2017 / PN Jap, it is clear that this is a criminal act of rape. However, based on criminology, the benchmark is consent, not violence. These factors determine and classify the act as rape.
Ketetapan Hukum Bagi Perusahaan Atas Keselamatan Kerja Karyawan Terhadap Kecelakaan Yang Mengakibatkan Korban Jiwa (Studi Kasus Kecelakaan Bus Pariwisata yang Ditumpangi SMK Lingga Kencana Depok) Afifah, Dashilfa; Aristias, Adinda; Wibowo, Hanifah Fairuz; S, Satino
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11622715

Abstract

Workers are valuable assets for a company that need to be protected through the implementation of Occupational Safety and Health (K3), because threats to their safety and health while working can affect the working relationship between workers and the company, including the risk of traffic accidents. Traffic accidents, which are described in Law no. 22 of 2009 concerning Road Traffic and Transportation, is an unexpected incident involving vehicles and can cause material loss and injury to victims. This research discusses the protection provided by companies for workers who experience accidents, as well as the company’s role in protecting the rights of accident victims as bus passengers. The research method used is the normative juridical method, which examines statutory regulations, legal conceptions, legal principles and legal doctrines related to the problem. The analysis also involved a tourist bus accident case involving passengers from Lingga Kencana Vocational School, Depok. The research results show that the protection provided by the company to workers who experience accidents is very important, where workers have the right to receive compensation for treatment and rehabilitation due to accidents. Apart from that, legal protection for victims of traffic accidents is regulated in Article 240 of the Road Traffic and Transportation Law and Article 191 of the LLAJ Law.
Penegakan Etika dan Tanggung Jawab Profesi Advokat Dalam Kasus Dugaan Obstruction of Justice Oleh Roy Renin Aristias, Adinda; Lewoleba, Kayus Kayowuan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

As one of the pillars of law enforcement, the legal profession of advocacy carries a significant ethical responsibility to uphold justice and maintain the integrity of the judicial system. However, in practice, ethical violations by advocates still occur, including actions that may constitute obstruction of justice. This article aims to analyze the forms of ethical responsibility inherent in the legal profession and evaluate the challenges in enforcing the code of ethics, using the case of alleged obstruction of a corruption investigation by advocate Roy Rening in the Lukas Enembe case. This study employs a normative juridical method with a case study approach. The findings indicate that breaches of ethical boundaries by advocates can undermine public trust and weaken the profession's integrity. Furthermore, the enforcement of ethical codes in Indonesia faces structural and cultural obstacles, such as weak internal oversight, fragmentation among professional organizations, and resistance to accountability. Therefore, reforms are needed to establish a more independent, assertive, and harmonized ethical enforcement mechanism across advocate organizations to strengthen professional accountability and preserve the honor of advocacy as an officium nobile
Legal Regulatory Readiness in Accommodating Non-Fungible Token as Objects of Fiduciary Collateral Aristias, Adinda; Taupiqqurrahman
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2699

Abstract

This research aims to analyze the readiness of Indonesia’s legal framework to accommodate Non-Fungible Tokens (NFTs) as fiduciary collateral objects and to identify the potential obstacles in their execution process. NFTs are digital assets based on blockchain technology that possess unique characteristics and economic value, theoretically fulfilling the criteria of intangible objects under Law Number 42 of 1999 concerning Fiduciary Collateral. However, the current legal instruments in Indonesia have not yet explicitly recognized NFTs as eligible fiduciary objects. This study employs a normative juridical method with both statutory and case approaches, supported by secondary data derived from an interview with the Direktorat Jenderal Administrasi Hukum Umum (Ditjen AHU) to enrich the legal analysis. The findings indicate that Indonesia’s regulatory readiness regarding NFTs as fiduciary collateral remains conceptual rather than operational. The absence of a registration mechanism and valuation system for digital assets creates significant legal uncertainty for both creditors and debtors. Furthermore, the execution of NFTs presents additional challenges, including the dependence on private keys, the incompatibility of automatic smart contract transfers with the due process of law principle, and the speculative volatility of NFT market values. Therefore, the study suggests the need for new legal norms and an authorized digital asset valuation institution to ensure that NFTs can be effectively and lawfully integrated into Indonesia’s fiduciary security system. Non-Fungible Token, Fiduciary Collateral, Collateral Execution, Intangible Assets
Co-Authors Afifah, Dashilfa Andari, Astriana Fadilla, Dea Aora Fatimah, Ghefira Nur Handoyo Prasetyo Kayus Kayowuan Lewoleba Manullang, Imelda Arthameisia Mulyadi M, Mulyadi Nandita, Lufna Putri, Nasywa Awalia Ramadhani, Dwi Aryanti Rinanti, Pitra Satino Sukma, Nina Fitria Syahrani, Devy Fitri Syawal, Zahra Auliana Putri Taupiqqurrahman Wibowo, Hanifah Fairuz