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All Journal Jurnal Akta Kosmik Hukum Journal of Law and Social Politics
Mompang Lycurgus Panggabean
Universitas Kristen Indonesia
Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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The Enforcement of Copyright Law in the Field of Music and/or Song in the Framework of Digital Economic Development Heru Mario; Mompang Lycurgus Panggabean; Rusdin Tahir
JURNAL AKTA Vol 11, No 3 (2024): September 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.v11i3.39829

Abstract

The authorities (government) are obliged to strive to provide legal certainty to their citizens in a practical juridical manner by implementing copyright law enforcement in the field of music and/or songs in the context of developing the digital economy, therefore, in order for these ideals to be achieved, citizens need knowledge of statutory regulations, especially the Law. RI Number 28 of 2014 concerning Copyright. The use of the internet in this digital economic era has increased drastically as evidenced by the rise or development of digital platforms which are mushrooming in Indonesia, apart from providing a good economic impact but also having the impact of violating copyright law, therefore problems arise (1) Is Copyright Law Enforcement in Indonesia based on positive law (Ius constitutum) is in accordance with the principles of justice and the welfare state, and (2) Why protection and fulfillment of copyright for music and/or song creators in the digital economy era must be carried out according to the Pancasila philosophy, and (3) How configuration of music and/or song copyright for the advancement of the digital economy in Indonesia as ius constituendum. This writing uses normative legal research methods, with descriptive research type and uses qualitative data analysis methods. Discussion about law enforcement, especially regarding complaints and differences with reports, what legal problems there are, what the advantages and disadvantages are. This writing will be useful so that the authorities can make new regulations so that in the future regulations will follow developments in the digital economic era
Advocate Assistance for Witnesses and Suspects in Criminal Investigation: A Due Process Perspective Jhon Sahap Edward Panggabean; Mompang Lycurgus Panggabean; Aartje Tehupeiory
Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i3.138

Abstract

Background: Examination practices in criminal investigations continue to raise human rights concerns, including intimidation, restricted access to legal counsel, and changes in witness status to suspect without adequate legal protection. Objective: This study analyzes the role of attorney assistance for witnesses and suspects during criminal investigations within the framework of due process principles and examines legal protection issues for witnesses who may potentially be designated as suspects. Methods: This normative legal research employs statutory, conceptual, and case-based approaches by analyzing the Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana [KUHAP]), the New Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana [New KUHAP]), Constitutional Court decisions, and due process principles. Results: The findings reveal that the New KUHAP strengthens the rights of witnesses and suspects to receive attorney assistance; however, several obstacles remain, including law enforcement officers’ repressive paradigms, witnesses’ limited awareness of their legal rights, and inadequate protection of the right against self-incrimination. Conclusion: Strengthening regulatory frameworks, transforming law enforcement paradigms, and optimizing the role of attorneys during criminal examinations are essential to realizing a fair and humane criminal justice system grounded in due process principles.
The Strengthening the Authority of the Public Prosecutor as Dominus Litis an Integrated and Accountable Indonesian Criminal Justice System Adrianus Herman Henok; Mompang Lycurgus Panggabean; Paltiada Saragi
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.26249

Abstract

In Indonesia’s criminal justice system, the Prosecutor’s Office holds the primary function as the Dominus Litis (Case Controller), which means the authority to determine whether a case should proceed to the prosecution stage lies entirely with the public prosecutor. As such, the Prosecutor’s Office is a key factor in ensuring the criminal justice process operates effectively, objectively, and in accordance with the principles of due process of law under the Integrated Criminal Justice System (ICJS). The objectives of this research are: (1) to analyses the concept of Dominus Litis in Indonesia’s criminal justice system and compare it with those of other countries, such as France and the Netherlands; and (2) to evaluate the effectiveness of the Prosecutor’s Office as Dominus Litis in Indonesian law enforcement practices, particularly in its relationship with police investigators under the Integrated Criminal Justice System. This research is a literature-based study employing a normative juridical approach with analytical descriptive characteristics. The conclusions of this research are: the Prosecutor’s Office is a key actor ensuring that the criminal justice process operates effectively, objectively, and in accordance with due process of law under the ICJS, and 4 (four) strategies to strengthen the Prosecutor’s role as Dominus Litis such as: enhancing the competency of human resources within the Prosecutor’s Office, strengthening the integrity and independence of the Prosecutor’s Office, strengthening transparency and accountability in the prosecution process and strengthening coordination with other law enforcement agencies.
Co-Authors Aartje Tehupeiory, Aartje Adrianus Herman Henok Heru Mario Jhon Sahap Edward Panggabean Paltiada Saragi Rusdin Tahir