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All Journal Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Khazanah Hukum Jurnal Suara Hukum Estudiante Law Journal Jurnal Hukum Islam Journal of Law and Legal Reform
Yassine, Chami
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Asset Restitution Reform to Ensure Legal Protection and Fairness for Investors Setiyawan, Deni; Alhadi, Muhammad Nurcholis; Yassine, Chami
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.1774

Abstract

Emerging concerns in the legal domain are a direct result of the digital age's advancements in the economic sphere. Binary options' rise to prominence is a topic worthy of discussion, particularly with regard to the breadth of asset returns in such instances. Binary option victims are questioning the fairness of the state's claim to assets in light of the recent court ruling in the Indra Kenz and Doni Salmanan case. This research aims to help victims of binary options get their money back through restitution by analyzing the problem and offering remedies. The victims of binary option crimes will have their rights protected; that much is certain. Solutions to the problem of investor asset return can be found by using normative methodologies in the examination of statutes, case studies, and concepts. This study finds that victims of illegal activities can regain their possessions through restitution, which also provides a sense of justice and guarantees legal protection for their rights. People can suffer materially, emotionally, and psychologically as a result of committing a criminal offense. Based on the priorities of legal protection and justice, this research is anticipated to provide a solution for law enforcement in the return of assets for binary option criminal offenses.
Political Disenfranchisement as a Means of Combating Corruption Suwito, Suwito; Meliana, Yang; Haikal, Jenggis Khan; Riyanto, Ontran Sumantri; Yassine, Chami
Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Vol 17, No 1: January - March 2024
Publisher : LPPM Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/pamator.v17i1.24132

Abstract

The purpose of this study was to explore effective ways of determining the duration of political disenfranchisement of corruption convicts in Indonesia, with the aim that this punishment serves as an effective deterrent effect without violating human rights. The study also aims to analyze the long-term impact of political disenfranchisement of corruption convicts on democratic processes and their reintegration into post-detention society. This research is categorized as normative legal research and uses a philosophical and analytical approach that focuses on rational, critical analytical, and philosophical views on applicable legislation and legal theory. The research utilizes analytical descriptive methods to examine positive law enforcement practices related to these issues. Based on the severity of corruption cases and the rehabilitation potential of convicts, determining the duration of political disenfranchisement is crucial. Fair review and appeal mechanisms should be in place to support the social and political reintegration of ex-convicts. The study also emphasizes the importance of political disenfranchisement as part of a broader legal system to support healthy democracy, transparent governance, and inclusive societies.
Indonesia's Constitutional Court: Bastion of Law Enforcement and Protector of Human Rights in The Reform Era Pujayanti, Luh Putu Vera Astri; Nugrahayu, Zainun Zakya; Rahim, Erman I.; Muhtar, Mohamad Hidayat; Yassine, Chami
Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Vol 17, No 1: January - March 2024
Publisher : LPPM Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/pamator.v17i1.24128

Abstract

This study aims to analyze the role of the Indonesian Constitutional Court in carrying out its function as a stronghold of law enforcement in Indonesia after the reform era, as well as evaluate the extent to which this institution has succeeded in protecting human rights through its decisions. Methods: This research is categorized as normative legal research with a philosophical and analytical approach. The focus is on rational, critical, and philosophical analysis of the legal issues raised. The analytical descriptive method is used to describe the applicable legislation, legal theory, and positive law enforcement practices related to the problem under study. Results: The results show that the Indonesian Constitutional Court plays an important role in upholding the Constitution and social justice with a careful and balanced approach. Key decisions such as No. 18/PUU-V/2007, No. 75/PUU-XIII/2015, and No. 102/PUU-XXI/2023 highlight the importance of legislative autonomy, legal clarity, and certainty, as well as the presumption of innocence and prudence in political intervention. The application of Aharon Barak's theory of "proportionality," Lon Fuller's "legal certainty," and Alexander Bickel's "judicial restraint" provides insight into ensuring a balance between human rights, legal certainty, and the integrity of due process.
Integrating Australian Employment Law Practice in Support of People with Disabilities in Indonesia Arpangi; Suwondo, Denny; Laksana, Andri Winjaya; Yassine, Chami
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44946

Abstract

Individuals with disabilities encounter markedly diminished work prospects relative to their non-disabled counterparts, attributable to societal hurdles, cultural bias, and inadequate legal safeguards. This study seeks to assess and incorporate inclusive employment practices from Australia into the legal and institutional framework of Indonesia. The research employs a normative legal method, incorporating doctrinal analysis and comparative study, to examine Australia's *Disability Employment Services (DES)* framework and the *Disability Discrimination Act 1992 (DDA)*, revised as of July 2023. The contrast underscores possible adaptations within Indonesia’s employment legislation framework, which remains deficient in explicit procedures for reasonable accommodation, efficient enforcement of disability employment quotas, and organized career coaching assistance.  Furthermore, the study highlights significant disparities in institutional capability and legal culture between the two nations—Australia maintains a rights-based anti-discrimination legal framework, but Indonesia persists with sectoral and charity-focused methodologies. The results demonstrate that the partial integration of DES and DDA concepts is achievable, contingent upon contextual modifications to accommodate Indonesia's socio-political conditions, institutional constraints, and prevailing legal structures. Essential recommendations encompass the formulation of adaptable work accommodation regulations, the introduction of wage subsidies or tax incentives, the creation of training programs specific to disability categories, and the enhancement of employment oversight agencies equipped to combat workplace discrimination. These findings confirm that implementing Australia’s inclusive employment policies could strategically advance the establishment of a fairer and empowered workplace for individuals with disabilities in Indonesia, aligning with global standards and Indonesia’s constitutional commitment to equality.
Constitutional Amendments in Muslim-Majority States: The Case of Indonesia and its Islamic Peers Tampubolon, Muhammad Hatta Roma; Nggilu, Novendri M.; Yassine, Chami; Sahabat, Andi Inar; Ismail, Nurwita
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.07

Abstract

Muslim-majority countries face unique challenges in managing constitutional change because of complex interaction between religion, politics, and law. Formal and informal constitutional amendments occur through legal procedures and judicial interpretation, political practice, and social norms, respectively. This study analyzes the dynamics of these amendments in Muslim-majority countries, focusing on Indonesia, Turkey, Egypt, and Pakistan. The research method used here adopts a normative juridical approach with a comparative approach. Reportedly, Indonesia stands out with a combination of formal amendments, such as the reform of the 1945 Constitution, and informal changes through the Constitutional Court, creating a stable and flexible legal system. In contrast, Egypt and Pakistan show that the pressure of political crises and the influence of the military often hinder the sustainability of formal reforms, although informal change remains an adaptation mechanism. These findings highlight the importance of the social and political context in shaping the path of constitutional change and indicate that informal change can serve as an adaptation tool without the need for legal text revision. The novelty of this study is its simultaneous focus on formal and informal amendments in the Muslim-majority countries, offering a contribution to the literature on global constitutionalism by explaining how informal mechanisms can complement formal reform.
Constitutional Amendment in the e-Democracy Era: Experience Constitutional “Crowdsourcing” from Iceland and Challenges for Indonesia Nggilu, Novendri; Zulkifli; Yassine, Chami; Apripari; Kaluku, Julisa Aprilia; Mohammad AbdAllah Alshawabkeh
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p298-327

Abstract

The growing interest in constitutional reform has drawn attention to crowdsourcing as an innovative method for increasing public involvement. This approach, successfully implemented in Iceland, contrasts sharply with the traditionally elitist processes seen in many other countries, including Indonesia. This article investigates the potential of applying a crowdsourced model to Indonesia’s future constitutional amendment processes. Using a statutory and comparative legal method, the study analyzes the Icelandic experience to draw insights for the Indonesian context. The research finds that Indonesia's constitutional amendment process has historically marginalized public participation, lacking transparency and inclusivity. In contrast, Iceland's model demonstrates that structured digital engagement can produce a more democratic and representative outcome. This study offers two key contributions: first, it highlights the normative shift introduced by digital constitutionalism; second, it underscores the importance of designing hybrid models that blend conventional and digital mechanisms. While promising, the implementation of such a model in Indonesia faces significant obstacles, including digital inequality, manipulation risks from political buzzers, and the ethical challenges of AI-mediated discourse. These findings suggest that any future reform must be carefully tailored to local conditions, ensuring both accessibility and legitimacy
Cloud Computing: A Threat or a Boon for Government Administration in the Digital Age? Yassine, Chami
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.31089

Abstract

The implementation of cloud computing in government administration in the digital era presents both opportunities and challenges. This technology offers a range of benefits, including enhanced operational efficiency, cost savings, improved inter-agency collaboration, and the provision of public services in a faster and more transparent manner. Cloud computing enables centralized data management and real-time access to information, thereby supporting digital government (e-government) initiatives. However, its application also introduces risks related to data security and the privacy of highly sensitive information, such as citizens’ personal data and critical information pertaining to government policies. Dependence on third-party cloud service providers exacerbates the threat to data sovereignty and increases the risk of unauthorized access. This study aims to explore the benefits and challenges faced by governments in implementing cloud computing and to identify mitigation measures that can be adopted to ensure robust data protection. The methodology employed in this study is normative, involving an analysis based on literature, legal regulations, and policies related to cloud computing and data protection in the public sector. The study examines the regulations, policies, and best practices implemented by several countries in managing government data stored in the cloud. The findings reveal that although cloud computing offers efficiency and ease in data management, challenges related to data security, privacy, and dependence on cloud service providers must be addressed with clear policies and stringent security systems. With appropriate policy implementation, cloud computing can be a boon for government administration; however, if not managed carefully, it may pose a threat to public data security
Co-Authors Andri Winjaya Laksana, Andri Winjaya Apripari, Apripari Arpangi Erman I. Rahim Haikal, Jenggis Khan Ismail, Nurwita Julisa Aprilia Kaluku Meliana, Yang Mohamad Hidayat Muhtar Mohammad AbdAllah Alshawabkeh Muhammad Hatta Roma Muhammad Nurcholis Alhadi Novendri M Nggilu Nugrahayu, Zainun Zakya Ontran Sumantri Riyanto Pujayanti, Luh Putu Vera Astri Sahabat, Andi Inar Setiyawan, Deni Suwito Suwito Suwondo, Denny Zulkifli