Article Per Year (5 Year)
p-Index From 2020 - 2025
2.488
P-Index
This Author published in this journals
All Journal Proceeding of World Conference Solusi JURNAL USM LAW REVIEW Lampung Journal of International Law (LaJIL) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Science and Society (IJSOC) Journal of Law, Poliitic and Humanities Eduvest - Journal of Universal Studies Jurnal Legalitas
Muhamad Adystia Sunggara
Universitas Pertiba Pangkalpinang
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Neuroscience Social Sciences Other

Published : 16 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 16 Documents
Search

 1   2 
PENERAPAN DAN PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT KURANG MAMPU Sunggara, Muhamad Adystia; Meliana, Yang; Gunawan, Arifin Faqih; Yuliana, Sri
Solusi Vol 19 No 2 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i2.360

Abstract

The protection and recognition of human rights of every individual or citizen is an obligation for the state as a logical consequence of its establishment as a rule of law and a person has the right to be treated equally before the law, including for poor people who are in trouble with the law. This research is normative legal research or doctrinal legal research with a legal inventory approach, which collects norms that have been identified as legal norms. The conclusion of this study is that legal aid is not a guarantee in the form of access to law and justice for the poor because the application of legal aid at the practical level in the community still reaps several problems that hinder the realization of access to law and justice for the poor. First, the non-working normative legal framework. Second, the lack of legal awareness regarding legal aid. Third, access to justice which is formality. Fourth, discrimination and complicated procedures in funding legal aid. Fifth, there is no supervision in the application of legal aid.
ANALISIS YURIDIS PERMOHONAN EUTHANASIA DALAM PERSPEKTIF HAK ASASI MANUSIA DI INDONESIA Sunggara, Muhamad Adystia
Solusi Vol 19 No 3 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i3.429

Abstract

Euthanasia is the act of intentionally ending a person's life with the aim of relieving his suffering or illness, for example, a patient suffering from an incurable disease has the possibility to propose ending his life by lethal injection or discontinuing treatment. This study discusses how to apply for euthanasia in the perspective of Human Rights in Indonesia and how to euthanasia from the aspect of criminal law. This research method is normative legal research with a statutory approach, by reviewing regulations related to legal issues. The results of this study are the general principle of the Criminal Code (KUHP) relating to the problem of the human soul is to provide protection, so that the right to live naturally as human dignity is guaranteed, then based on Indonesian law euthanasia is an act that is against the law and part of fulfilling Human rights, which humans are free to make their life choices which are regulated by law. Article 344 of the Criminal Code can no longer be used to ensnare euthanasia and must be revised, because the elements of euthanasia are not fully covered in the article. The conclusion in this study is that it is not easy to assess whether the act is contrary to criminal law, if it is not clear that the relationship between the criminal law and the criteria used as benchmarks, for an act which according to medical standards may escape criminal law. For this reason, criminal law should still be guided by generally accepted principles, namely actus non facit reum nisi mens sit rea or an act does not innocence, used in seeking material truth produced through proving the existence of a causal relationship between actions and consequences.
Legal Aspects Of Electronic Signatures In E- Commerce Transactions Enny Agustina; Muhamad Adystia Sunggara
Journal of World Conference (JWC) Vol. 3 No. 3 (2021): May 2021
Publisher : NAROTAMA UNIVERSITY, Indonesia

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

Abstract

Technological advances have brought about significant changes from the use of the Internet in human life. However, there are still many parties who do not understand how the position of electronic signatures that meet the requirements and standards, especially in financial technology transactions where the electronic signature function was essential. This study discusses the position of electronic signatures in financial technology transactions as well as legal remedies that can be taken if there was an electronic signature dispute. The type of research used in this paper was normative. The approach to the problem used in the writing of this research was the statute approach and the conceptual approach. The legal materials used in the writing of this study consist of primary legal materials, secondary legal materials, and tertiary legal materials. The analysis used in the writing of this research is descriptive qualitative. The conclusion in this study is that in accordance with applicable laws and regulations, electronic signatures must meet aspects ofs authenticity, integrity, and non-repudiation. With regard to fraud that causes losses to users of financial technology transactions, financial technology operators are liable for an error with a reversal of the burden of proof. Legal recognition in applicable laws and regulations confirms that electronic signatures can be used as evidence in court examinations. Legal remedies that can be taken if there is a dispute are through Litigation or Non-Litigation. The majority of business players prefer Non-Litigation legal remedies, namely alternative dispute resolution to resolve any problems that arise in business activities because the settlement system is more effective, fair, does not take up time, and is relatively cheaper.
The Implementation of Spiritual Rehabilitation Programs at Pangkalpinang Class IIA Correctional Institution Therie Munadi; Muhamad Adystia Sunggara
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1151

Abstract

This study investigates the implementation and challenges of spiritual guidance programs within the Pangkalpinang Class IIA Correctional Institution, as outlined in Law Number 22 of 2022 on Penitentiaries. Using a mixed juridical and empirical approach, including interviews and observations, the research analyzes various aspects of spiritual guidance, identifies prevailing challenges, and proposes strategies to improve program effectiveness. The findings reveal significant efforts in providing religious facilities and spiritual guidance, yet challenges persist, such as low inmate participation and a shortage of specialized personnel in spiritual guidance. To address these issues, collaboration with the Ministry of Religious Affairs of the Bangka Belitung Islands Province is proposed to enhance program quality. The study concludes that fostering inter-institutional cooperation is crucial to ensuring the fulfillment of inmates' religious rights and facilitating their rehabilitation and reintegration into society.
The Challenges and Potential of Implementing Restorative Justice for Minor Criminal Offenses in Indonesia Mimi; Muhamad Adystia Sunggara
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1155

Abstract

Indonesia, as a nation of law, faces challenges in integrating the restorative justice approach into the resolution of minor criminal offenses. This approach is considered more humane as it prioritizes the restoration of harm to victims and the accountability of offenders rather than mere punishment. This study aims to identify the main obstacles in the implementation of restorative justice, particularly in cases of minor criminal offenses, and to provide recommendations for improving its effectiveness. The research method employs a normative approach with an analysis of legal documents and related literature. The results of the study show that although restorative justice has been adopted in several policies, such as Attorney General Regulation Number 15 of 2020 and Police Regulations, its implementation is still hindered by regulatory factors, the capacity of law enforcement, public perception, limited resources, and local cultural dynamics. The conclusion of this study emphasizes the importance of integrated legal policy reform, continuous training for law enforcement, and public education about the benefits of this approach. By overcoming these obstacles, restorative justice has the potential to be an effective and inclusive solution in reforming Indonesia's criminal justice system.
Implementation of the Law on Sexual Violence: Challenges in Case Handling and Law Enforcement Oktaviani Siswati, Ceria; Sunggara, Muhamad Adystia
Journal of Law, Politic and Humanities Vol. 5 No. 3 (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.v5i3.1323

Abstract

The enactment of the Law on the Elimination of Sexual Violence represents a significant milestone in addressing sexual violence in society. This study examines the challenges and progress in implementing the Law on Sexual Violence Crimes, particularly in handling cases and ensuring effective law enforcement. Using a qualitative approach, data were gathered from legal documents and case studies. Findings indicate that while the Law on Sexual Violence Crimes has improved victim protection and provided a clearer legal framework, challenges persist in social stigma, lack of legal awareness, and resource constraints among law enforcement agencies. Additionally, inconsistencies in judicial interpretations and procedural delays hinder the effective resolution of cases. Recommendations include strengthening inter-agency coordination, increasing public awareness campaigns, and ensuring adequate training for law enforcement and judiciary personnel to enhance sensitivity and professionalism in handling sexual violence cases. This study underscores the importance of a multi-sectoral approach to ensure justice for victims and uphold the principles of the Law on Sexual Violence Crimes.
Analysis of the Criminal Law Implications on the Sale of Marital Property Prior to the Agreement on Joint Property Division in Indonesia Aswadi; Muhamad Adystia Sunggara
Journal of Law, Politic and Humanities Vol. 5 No. 3 (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.v5i3.1213

Abstract

The application of law regarding the embezzlement of marital property after divorce in Indonesia faces significant challenges. Marital property, regulated under the Civil Code and Law No. 1 of 1974 on Marriage, often becomes a subject of dispute when one party sells it without the consent of the other. This event is not always categorized as a criminal act of embezzlement, leading to legal uncertainty and harming the affected party, particularly women. This study adopts a juridical-normative approach with a descriptive method. Data were collected through literature review and documentation of legislation, legal doctrines, and court decisions. The findings reveal that the application of criminal law to embezzlement of marital property still has significant shortcomings. Although Articles 35 and 36 of Law No. 1 of 1974 regulate joint consent in the use of marital property, criminal sanctions are not consistently enforced. Regulations in the Compilation of Islamic Law (KHI) emphasize the importance of proving the status of the property and the obligations of spouses in division. Legal uncertainty in the application of criminal sanctions for cases of embezzlement of marital property indicates the need for reform. Strengthening the definition of criminal acts and applying a clearer principle of justice are necessary to ensure fair protection of all parties' rights.
Analisis Penerapan Sanksi Administrasi Terhadap Kepatuhan Usaha Bidang Perikanan Muhammad Afif; Muhamad Adystia Sunggara
JURNAL USM LAW REVIEW Vol. 8 No. 1 (2025): APRIL
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i1.11797

Abstract

This research aims to examine the effectiveness of the implementation of administrative sanctions on the compliance level of fishery business actors in the Fishery Management Area (WPP) 711 and its socio-economic impacts. The background of the research is based on the high level of administrative violations, weak supervision, and economic losses due to non-compliant fishing practices. The urgency of this research lies in the pressing need to formulate a fair, efficient, and sustainable monitoring strategy to support national fisheries governance. The method used is a socio-legal approach with primary data. The research results indicate that the compliance level is still low, with a repeat violation rate reaching 38%, influenced by high cost burdens, procedural complexity, and low understanding of regulations. The novelty of this research lies in the empirical identification of structural barriers, such as overlapping authorities and an inadequate supervisor-to-operator ratio, as well as the impact of sanctions on business efficiency and operator adaptation. In conclusion, administrative sanctions have not fully created a deterrent effect and require a more integrated approach. The main recommendations include simplifying technology-based procedures, drafting proportional sanction SOPs, enhancing the capacity of supervisory human resources, and establishing an integrated information system to support effective, fair, and socially-economic sustainable coastal community oversight.   Penelitian ini bertujuan untuk mengkaji efektivitas penerapan sanksi administrasi terhadap tingkat kepatuhan pelaku usaha perikanan di Wilayah Pengelolaan Perikanan (WPP) 711 serta dampak sosial-ekonominya. Latar belakang penelitian didasarkan pada tingginya tingkat pelanggaran administratif, lemahnya pengawasan, serta kerugian ekonomi akibat praktik perikanan yang tidak sesuai aturan. Urgensi penelitian ini terletak pada kebutuhan mendesak untuk merumuskan strategi pengawasan yang adil, efisien, dan berkelanjutan guna mendukung tata kelola perikanan nasional. Metode yang digunakan adalah pendekatan socio-legal dengan pengumpulan data primer. Hasil penelitian menunjukkan bahwa tingkat kepatuhan masih rendah dengan angka pelanggaran berulang mencapai 38%, dipengaruhi oleh tingginya beban biaya, kompleksitas prosedur, dan rendahnya pemahaman terhadap regulasi. Kebaruan dari penelitian ini terletak pada identifikasi empiris hambatan struktural, seperti tumpang tindih kewenangan dan rasio pengawas yang tidak ideal, serta pengaruh sanksi terhadap efisiensi usaha dan adaptasi pelaku. Kesimpulannya, sanksi administrasi belum sepenuhnya menciptakan efek jera dan membutuhkan pendekatan yang lebih terintegrasi. Rekomendasi utama mencakup penyederhanaan prosedur berbasis teknologi, penyusunan SOP sanksi proporsional, peningkatan kapasitas SDM pengawas, dan pembentukan sistem informasi terpadu untuk mendukung pengawasan yang efektif, adil, dan berorientasi pada keberlanjutan sosial-ekonomi masyarakat pesisir.
Legal Analysis of Euthanasia in Indonesia: Perspectives of Medical Ethics and the Need for Regulation Fitri, Idil; Sunggara, Muhamad Adystia; Hariansyah, Syafri
Eduvest - Journal of Universal Studies Vol. 5 No. 5 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i5.50048

Abstract

Euthanasia is a highly controversial issue in Indonesia, related to the fundamental principle of the non-derogable right to life. This study aims to examine the key legal issues and the regulatory ambiguity concerning euthanasia from the perspective of medical ethics and the urgent need for regulation. The study highlights that the absence of a clear legal framework results in legal uncertainty for medical practitioners and patients seeking the right to end their suffering voluntarily. This research employs a normative juridical method to analyze the regulatory framework in Indonesia and compare it with countries that have legalized euthanasia. The study highlights the need for a comprehensive legal framework to ensure legal certainty, protect medical professionals, and uphold patients' rights while balancing the right to life and dignified death in line with Indonesia's social and cultural norms.
Analysis of Law Enforcement Against Illegal Fishing in Central Bangka (Case Study of Misuse of Fishing Gear with Explosives, Trawling, and Poisoning) Andrieo Vindhya Praguslinardo; Muhamad Adystia Sunggara
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.908

Abstract

This study aims to analyze law enforcement against illegal fishing crimes in Central Bangka, focusing on the misuse of fishing methods using explosives, trawls, and poison. Illegal fishing is a serious problem threatening the preservation of marine resources and the sustainability of fisheries ecosystems. This research is a normative juridical legal research method. The findings reveal that law enforcement against illegal fishing in Central Bangka faces several challenges, such as limited resources for law enforcement officers, low public legal awareness, and weak coordination among relevant agencies. Although regulations on illegal fishing exist, their implementation in the field remains suboptimal. This study recommends enhancing the capacity of law enforcement officers, increasing public legal awareness, and strengthening inter-agency coordination. A holistic approach involving community participation is also necessary for marine resource conservation.
Co-Authors Agusto Imanuel Andrieo Vindhya Praguslinardo Aswadi Dwi Yanti, Yunita Enny Agustina Fernando, Zico Junius Firdaus Arifin, Firdaus Fitri, Idil Gunawan, Arifin Faqih Handes, Agung Dhedy Dwi Hariansyah, Syafri Judijanto, Loso Kusumah, Fardana M. Ilham Wira Pratama Meliana, Yang Mimi Muhammad Afif Oktaviani Siswati, Ceria Robi Rendra Tribuana Saliman Saliman Sri Yuliana Syafri Hariansah Therie Munadi Totok Hendarto Zulkifli, Muhamad Aziz