Article Per Year (5 Year)
p-Index From 2021 - 2026
0.983
P-Index
This Author published in this journals
All Journal Jurnal Hukum Khaira Ummah Jurnal Daulat Hukum Jurnal Akta
Agus Prasetia Wiranto
UNISSULA
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 5 Documents
Search

 1 
The Legal Protection for The Use of A Notary's Right of Refusal in Investigations Irda Nur Khumaeroh; Agus Prasetia Wiranto; M. Rizal Bagaskoro
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.41370

Abstract

One of the responsibilities of a notary in carrying out his position in accordance with his obligations and promises of office is to keep everything about the deed he makes confidential. This writing, thus, aims to find out and analyze the procedures for using the rights and obligations of refusal by notaries in investigative examinations and the forms of legal protection for notaries who are examined in the criminal justice process. This research employed normative legal research methods emphasizing document study or library research. A normative juridical approach was carried out by reviewing and studying library materials in the form of statutory regulations relating to the problem under study. The notary's right of refusal applies relatively in the sense that if there are more specific rules that invalidate the right of refusal, the notary cannot exercise his right of refusal. The form of legal protection for notaries who are examined in the criminal justice process is contained in the UUJN (Act on Notary Position), in Article 66, stating that in carrying out a summons, law enforcement officials must request permission from the Notary Honorary Council. Legal protection, according to the Notary Honorary Council, is to supervise and inspect notaries so that they continue to walk the right path in accordance with the law; when a notary is summoned in a criminal case, the Notary Honorary Council has the authority to allow it to be examined or not.
Implementation of Digital Governance in State Administrative Law in The Village Government System Lutter Ariestino; Agus Prasetia Wiranto
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52404

Abstract

The development of information technology is driving the transformation of government administration down to the village level through the implementation of digital governance. In the context of State Administrative Law, the digitalization of village government is a crucial instrument for improving the quality of public services, transparency, and accountability of village officials. However, its implementation still faces various challenges, both in terms of regulations, human resource capacity, and technological infrastructure. This study aims to analyze the implementation of digital governance in the village government system from the perspective of State Administrative Law, as well as to identify obstacles and necessary strengthening efforts. The research method used is normative juridical with a statutory and conceptual approach, through an analysis of regulations related to village government and electronic-based government systems. The results show that the implementation of digital governance at the village level has a sufficient legal basis, but has not been optimal due to limited access to technology, low digital literacy among village officials, and the lack of comprehensive regulatory harmonization. Furthermore, the implementation of digital systems also raises potential legal issues, such as the protection of public data and the risk of maladministration. From the perspective of State Administrative Law, the implementation of digital governance must remain based on the principles of legality, accountability, transparency, and the General Principles of Good Governance (AUPB). Therefore, it is necessary to strengthen policies, increase the capacity of village officials, and develop equitable digital infrastructure to realize effective, efficient, and equitable village governance.
Legal Review of The Doctrine of Undue Influence (Abuse of Circumstances) in E-Commerce Agreements with Standard Clauses Mega Arum Saputri; Agus Prasetia Wiranto
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52406

Abstract

This study aims to analyze the application of the doctrine of undue influence or abuse of circumstances (misbruik van omstandigheden) in e-commerce agreements that use standard clauses as the primary instrument of legal relations between business actors and consumers in the digital era. The development of electronic transactions has encouraged the use of standard clauses for efficiency, speed, and standardization of services, but on the other hand, raises serious issues related to consumer protection. Standard clauses in digital platforms often place consumers in a "take it or leave it" position, creating an imbalance in bargaining power, thus opening up opportunities for exploitation by dominant parties. In these conditions, consumers often do not have adequate opportunities to understand, negotiate, or reject the contents of the agreement due to limited information, urgent needs, or dependence on certain digital services. This study uses a normative juridical method with a statutory and conceptual approach to examine positive legal norms and relevant contract law doctrines. The results show that the element of abuse of circumstances, both economic and psychological, can be fulfilled when business actors exploit their dominant position to establish clauses that are disproportionate and detrimental to consumers. This practice demonstrates that standard clauses in e-commerce do not always reflect contractual fairness, but instead can reinforce the dominance of business actors. Therefore, while standard clauses are permitted in modern business practices, their application must be limited by the principles of good faith, balance, and protection of the weaker party to prevent them from becoming a means of abuse, leading to contractual unfairness and a decline in trust in the digital ecosystem.
The Law No. 20 of 2023: Reform or Retreat? A Critical Analysis of Its Impact on The State Civil Apparatus (ASN) Personnel System in Indonesia Jawade Hafidz; Agus Prasetia Wiranto; Resa Ayuning Maharanti
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.50770

Abstract

The enactment of Law No. 20 of 2023 concerning the State Civil Apparatus (ASN Law) marks a significant normative reconstruction in the governance of state civil servants in Indonesia. This law explicitly affirms the principles of meritocracy, professionalism, and bureaucratic modernization through digitalization and the structuring of the status of Civil Servants (PNS) and Government Employees with Work Agreements (PPPK). However, behind the rhetoric of reform, the ASN Law also contains problematic constitutional and administrative implications, particularly regarding central-regional relations, the legal status of PPPK, and the effectiveness of the merit system in stemming the politicization of the bureaucracy. This study uses a normative legal research method with a statutory and conceptual approach to analyze the consistency of the ASN Law with the principles of regional autonomy, equality before the law, and neutrality of state apparatus. The study results show that the ASN Law tends to reinforce the centralization of ASN management authority, creating formal but not substantive equality between PNS and PPPK, and placing the merit system in a vulnerable position to political co-optation due to the weak design of independent oversight. Thus, the ASN Law has the potential to give rise to what can be called functional unconstitutionality, namely a condition where legal norms appear to be textually aligned with the 1945 Constitution, but functionally weaken the constitutional principles they are intended to protect.
The Strengthening Institutional Capacity in Implementing Corruption Asset Return based on International Standards in Indonesia Agus Prasetia Wiranto; Eti Mul Erowati
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.50771

Abstract

This research is motivated by the urgency of recovering assets derived from corruption as a crucial element in effectively eradicating corruption in Indonesia. Increasingly sophisticated corruption and money laundering, often involving cross-border transactions, pose significant challenges to recovering state financial losses. Although Indonesia has ratified the 2003 United Nations Convention Against Corruption (UNCAC) and has a national legal framework, the effectiveness of asset recovery remains hampered by a lack of regulatory harmonization, overlapping institutional authority, weak coordination between law enforcement agencies, limited civil law instruments, and a lack of a specific legal framework related to asset forfeiture. The research method used is normative law with a statute approach and a case approach. Secondary data were collected from various international legal literature (such as the UNCAC), Indonesian national laws and regulations related to the eradication of corruption and money laundering, legal doctrine, scientific journals, and court decisions. This approach aims to understand in-depth the harmonization of international standards with national law and identify factors that influence the effectiveness of the implementation of corruption asset recovery policies in Indonesia. Based on the results and discussion, it is concluded that harmonization of the UNCAC international standards with Indonesian national law in the recovery of corruption assets still requires significant strengthening. Institutional obstacles such as a lack of regulatory harmonization, overlapping authority, weak coordination, limited human resource capacity, and the inadequacy of specific legal instruments for asset confiscation are the main challenges. Solutions to strengthen institutional capacity through the drafting of the Asset Forfeiture Law, harmonization of the Corruption Eradication and Money Laundering Laws, increased inter-agency coordination, strengthened international cooperation, and enhanced officer competence are crucial recommendations for optimizing asset recovery to achieve effective corruption eradication and recovery of state losses.
Co-Authors Erowati, Eti Mul Irda Nur Khumaeroh Jawade Hafidz Lutter Ariestino M. Rizal Bagaskoro Mega Arum Saputri Resa Ayuning Maharanti