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All Journal Journal of Legal and Cultural Analytics (JLCA) Madani: Multidisciplinary Scientific Journal Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
Ama, Jefrianus Tamo
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Indonesia Negara Hukum dan Politik Yang Berbasis Demokrasi Ama, Jefrianus Tamo; Kadir, Syukron Abdul
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.11471276

Abstract

Indonesia is a legal state with a country that adheres to the continental European legal system. Where this is all sources of law based on the 1945 Constitution as the highest law of the Indonesian nation. The concept of the Indonesian rule of law is intended to form an Indonesian state government that protects the entire Indonesian nation and all of Indonesia's blood. This means that the concept of a rule of law is contained in the preamble to the 1945 Constitution. Law and politics are two different forms, but have a close relationship. Because law originates from the results of political power. and politics itself is an institution of authorized politicians who produce regulations. Law and politics have a very close relationship. The formation of a legal regulation of a political force. The relationship between law and politics cannot be separated from the conditions of society in a country, so this is like a chain that is always connected, even like a symbiotic mutualism, namely mutual dependence, that is, law will depend on political conditions, and politics depends on conditions. society. In a democratic country, political power is the state's ability to make other parties act in accordance with state decisions, and the ability of other parties to influence the process of making and implementing state decisions, including the ability to oppose the state.
Tinjauan Yuridis Peyelenggaraan Pemerintahan Daerah Provinsi Yang Bersih Korupsi, Kolusi, dan Nepotisme Menuju Good Governance Ama, Jefrianus Tamo; Kadir, Syukron Abdul
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.11638036

Abstract

The central government and provincial regional governments have close relations. There are at least four factors in the relationship between the Central Government and regional governments that determine the relationship between the Central Government and Regional Governments, including: Authority relationships, financial relationships, supervisory relationships, and relationships arising from the structure of regional government organizations. The position of the Regional People's Representative Council (DPRD) before the enactment of Law no. 32 of 2004 concerning Regional Government has differences. The position of the Regional People's Representative Council (DPRD) in Law no. 22 of 1999 concerning Regional Government, the difference is: In Law no. 32 of 2004, the position of the DPRD is as a Regional People's Representative Institution and has the role of organizing element of regional government (Article 40). Meanwhile, in Law no. 22 of 1999, the position of the Regional People's Representative Council is as a Regional Representative institution which is representative of democracy based on Pancasila and as a regional legislative body which has an equal position and is a partner of the Regional Government (article 16). Good governance is something that is very crucial for the government to pay attention to in carrying out and carrying out its role in accordance with its functions and duties so that it complies with legal provisions.
Tinjauan Yuridis Terhadap Tindak Pidana Penipuan Online Ama, Jefrianus Tamo; Kadir, Syukron Abdul
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11318026

Abstract

The crime of online fraud is regulated in Law no. 11 of 2008 regarding amendments to Law no. 19 of 2016 concerning Informatics and electronic transactions. Online fraud is a criminal case that is categorized as a criminal offense. The problem of online fraud has existed since the development of technological tools. Fraud is classified as a criminal act because it is regulated in the Criminal Code which is classified as public law, and if it is violated. And if the elements of a criminal act of fraud are met then criminal sanctions can be applied according to Article 28 (1) of the ITE Law. The crime of fraud is regulated in CHAPTER XXV Book II of the Criminal Code which contains various forms of fraud which have their own special names. What is known as fraud is a crime that is formulated in articles 378 to 395. The conditions for an act to be considered a criminal act of fraud are that the act must fulfill all the elements that constitute a prohibited formula which is punishable by criminal law and the act must be against the law (no justification), in other words someone who is said to have violated the law must fulfill the elements contained in the Criminal Code.
Tinjuan Yuridis Pemekaran Wilayah Daerah Provinsi Berkaitan Dengan Wacana Pemekaran Provinsi Nusa Tenggara Timur (NTT) Ama, Jefrianus Tamo
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

In principle, the formation of provincial regional expansion, according to the 1945 Constitution of the Unitary State of the Republic of Indonesia in article 18B (1), expressly states that the Unitary State of the Republic of Indonesia consists of provincial districts/cities which have regional autonomy. Therefore, the formation of new provinces is an implementation of the decentralization principle in the 1945 Constitution. Regional expansion is a process of forming new autonomous regions from an existing region. The formation of new regional expansions is based on the principle of decentralization which applies the division of authority to regulate the regional household itself. The discourse on the expansion of East Nusa Tenggara Province is an aspiration from the people, this is just a discourse or issue which was then responded to by several politicians and members of the People's Representative Council of the Republic of Indonesia. Therefore, the expansion of provincial regions is based on Law no. 23 of 2014 concerning regional governments and implementing regulations, Government Regulation of the Republic of Indonesia Number 78 of 2007 concerning Procedures for the Formation, Abolition and Merger of Regions. In this regulation, as the implementer of Law no. 24 of 2014, which includes implementation procedures, mechanisms and procedures for establishing regional areas. In this research, the author uses a normative juridical research approach, and sociological analysis based on existing secondary data, namely from: Books, magazines, journals, newspapers, websites, as a benchmark for this author or authors
Tinjauan Yuridis Pemekaran Wilayah Daerah Provinsi Berkaitan Dengan Wacana Pemekaran Provinsi Nusa Tenggara Timur (NTT) Ama, Jefrianus Tamo
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14620231

Abstract

In principle, the formation of the expansion of the provincial region, according to the 1945 Constitution of the Republic of Indonesia in Article 18B (1) explicitly states that the Unitary State of the Republic of Indonesia consists of provincial regions, districts/cities that have regional autonomy. The formation of new provinces is an implementation of the principle of decentralization in the 1945 Constitution. Regional expansion is a process of forming new autonomous regions from an existing region. The formation of new regional expansion is based on the principle of decentralization which applies the division of authority to regulate the household of the region itself. The discourse on the Expansion of the Province of East Nusa Tenggara is an aspiration from the community, this is only a discourse or issue that was then responded to by several politicians and members of the People's Representative Council of the Republic of Indonesia. For this reason, the expansion of the provincial region is based on Law No. 23 of 2014 concerning Regional Government and Implementing Regulations, Government Regulation of the Republic of Indonesia Number 78 of 2007 concerning Procedures for the Formation, Elimination, and Merger of Regions. In this regulation as the implementer of Law No. 23 of 2014, which includes the procedures for implementation, mechanisms, and procedures for the formation of regional areas. In this study, the author uses a normative legal approach research, and sociological analysis based on existing secondary data, namely from: Books, magazines, journals, newspapers, websites, as a benchmark for this author or author.
Penyelesaian Perkara Tindak Pidana Anak dan Tindak Pidana Ringan Dalam Sistem Peradilan Pidana Dengan Pendekatan Restorative Justice Ama, Jefrianus Tamo
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 9 (2025): Oktober 2025
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17451987

Abstract

Restorative justice is a new paradigm in the criminal justice system that focuses on restoring harm and social relationships caused by criminal acts, rather than merely punishing the offender. This study aims to examine the implementation of restorative justice in Indonesia, particularly in cases involving juvenile and minor offenses, using a normative juridical research methodology and literature study approach. The findings show that restorative justice is effective in preventing children from entering the formal justice system, reducing psychological impacts, and strengthening substantive justice values and local wisdom. Its implementation is supported by several legal frameworks, including Law No. 11 of 2012, Supreme Court Regulation (PERMA) No. 4 of 2014, and National Police Regulation (Perkap) No. 8 of 2021. However, challenges remain due to limited understanding among law enforcement officers, low public awareness, and inadequate facilities and infrastructure. Therefore, systemic support through officer training, public dissemination, and infrastructure enhancement is necessary to realize the principles of restoration, reconciliation, and shared responsibility effectively.
Minimal Socialization to the Community Regarding Legal Requirements for Working Abroad Causes an Increase in Human Trafficking of Workers from East Nusa Tenggara Bait, Intan Yuningsi Puspitasari; Mustika, Arinda Diah Nur; Wibowo, Ari; Ferdiyansyah, Imam Denis; Krisdiyanto, Ahmad; Nawipa, Stepanus; Wangge, Ketrina Novika; Ama, Jefrianus Tamo; Kadir, Syukron Abdul
Journal of Legal and Cultural Analytics Vol. 3 No. 1 (2024): February 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i1.7817

Abstract

Every Indonesian citizen has the right to get a decent job as stated in the 1945 Constitution of the Republic of Indonesia Article 27 paragraph (2), however, due to limited job opportunities in Indonesia, many Indonesian citizens choose to work abroad. Therefore, the government has facilitated access to work abroad. Then, because of the increasing number of cases of human trafficking that occur among workers from Indonesia which is caused by the massive distribution of illegal labor, there are also legal regulations that regulate this matter, namely Law Number 21 of 2007 concerning Eradication of the Criminal Act of Trafficking in Persons and Government Regulation Number 46 of 2015 concerning Handling Victims of Human Trafficking Crimes. The method used is normative juridical research which focuses on das sein and das sollen, accompanied by data analysis of human trafficking cases to find out the factors of increasing cases of human trafficking in workers in Indonesia, then provide solution suggestions for the government to reduce the problem of illegal labor distribution. with a mass outreach program to the public containing an explanation of the legal protection of migrant workers, the risks of illegal workers, as well as legal conditions for working abroad.
Co-Authors Ari Wibowo Bait, Intan Yuningsi Puspitasari Ferdiyansyah, Imam Denis Kadir, Syukron Abdul Krisdiyanto, Ahmad Mustika, Arinda Diah Nur Nawipa, Stepanus Wangge, Ketrina Novika