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Constitutional Court's Limitation on the Resubmission Ofindictments Syahird, Ahmad; Masturi, Rahmad; Kamran, Muhammad
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1132

Abstract

This study aims to determine the legal consequences of limiting the resubmission of indictments by the constitutional court and the legal certainty of limiting the resubmission of indictments by the constitutional court. This type of research is normative with data collection techniques carried out through library research, namely laws and regulations, a case approach, namely the Constitutional Court Decision, and a conceptual approach. In addition, the author also conducts library research through data and books related to the research topic. Furthermore, the data obtained was analyzed qualitatively which was then presented descriptively. The results of the study show that: 1) The legal consequences of limiting the re-submission of indictments that have been canceled make the decision in the form of a final decision because it has been examined and considered the subject matter of the case and will be nebis in idem if filed again afterwards. The form of legal action that can be taken by the public prosecutor is an appeal or cassation and not resistance (verzet). In order to harmonize this form of legal action with the Constitutional Court's decision, additional arrangements are needed which contain new norms in criminal procedural law; and 2) The Constitutional Court's decision which limits the re-submission of indictments is a form of legal certainty. Thus, in order to prevent repeated cancellation of the indictment, the prosecutor's accuracy is required in preparing the indictment because at the second examination, there is a potential for the indictment to still not meet the material requirements so that the case is considered finished without any examination of the main case, and there is a potential for an indictment still does not meet the material requirements, while the subject matter of the case is proven. This resulted in no settlement and clarity of the status of the case for the accused and victims to obtain a guarantee of fair legal certainty as mandated in Article 28D paragraph (1) of the 1945 Constitution
EFEKTIFITAS PENERAPAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2018 TENTANG PELAYANAN PERIZINAN BERUSAHA TERINTEGRASI SECARA ELEKTRONIK PADA PELAYANAN TERPADU SATU PINTU KABUPATEN BANTAENG Masturi, Rahmad; Kamran, Muhammad; Nugraha, A Afgan; Adabi, Muhammad Ikhwan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10160

Abstract

The efficiency with which Government Regulation Number 24 of 2018 is being implemented in the area of electronically integrated business licensing. The study's goals are as follows: (1).Explain how Government Regulation Number 24 of 2018 in Electronically Integrated Business Licensing (2) is applied and analyze it. The aim of this study is to examine and elucidate the challenges encountered during the execution of Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing. Normative research is the analytical technique employed, which entails gathering data via a review of the literature. The study's findings indicate that the electronic one-stop integrated service policy has not been fully implemented effectively. This is because of a number of factors, the first of which is the occurrence of network disruptions during system operation. These disruptions can make it more difficult for the integrated licensing service information system to perform its functions, including data collection, printing, and monitoring. Thus, network interruption is a critical component in the deployment of an integrated licensing service information system, according to experts. The second issue is a lack of management training, which can lead to a lack of understanding among staff members and impede work processes. Third, there are still people who visit the office to take care of permits because there is a deficiency of socialization in the neighborhood.It is anticipated that the government's electronic one-stop integrated service program will be further enhanced in order to ensure smooth operation free from any roadblocks that could impede the system's implementation.
Thematic Evolution and Research Trends in Business Crime: A Bibliometric Study Miftahul Jannah; Mujibur Rahman; Rahmad Masturi; Andi Afgan Nugraha
Journal of Business Crime Vol. 1 No. 2 (2025)
Publisher : Generate Digital Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70764/gdpu-jbc.2025.1(2)-07

Abstract

Objective: This study aims to map the intellectual landscape and thematic evolution of global scientific research on business crime from 2010 to 2025, in response to rapid technological, regulatory, and social transformations. Research Design & Methods: Bibliometric analysis was performed using data obtained from the Scopus database. This study used descriptive statistics, keyword co-occurrence, author and institutional productivity mapping, and trend analysis techniques. Tools such as VOSviewer and Excel were used to visualize collaboration networks and thematic clusters. Findings: The volume of academic publications on business crime increased significantly between 2010 and 2025, driven by new themes such as cybercrime, cryptocurrency fraud, and the use of AI and machine learning in criminal activity and prevention. While classic topics such as corruption and asset misappropriation remain relevant, recent studies increasingly adopt predictive analytics, forensic accounting, and geospatial mapping. The United States and the United Kingdom dominate contributions, reflecting their academic infrastructure and legal influence.Implications and Recommendations: Academically, these findings lay the groundwork for systematic literature reviews and the setting of future research agendas. Practically, these results emphasize the need for evidence-based policymaking and strategic planning in business crime prevention, particularly through technology-driven compliance systems. Contribution and Value Added: This study supports the development of a more cohesive, impactful, and integrated technological approach to tackling business crime in the digital age.
POLICE DISCRETION IN HANDLING DEMONSTRATIONS AS SEEN IN THE APPLICATION OF HUMAN RIGHTS Rahmad Masturi; A. Afgan Nugraha; Mujibur Rahman; Demas Candra Maheswara
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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

Abstract

Police discretion is the authority held by the Indonesian National Police (Polri) to act based on their own judgment in certain situations, including in handling demonstrations. However, in practice, the use of discretion often raises legal issues, particularly regarding potential human rights violations. This study aims to analyze the regulation of police discretion in handling demonstrations and assess whether existing restrictions are adequate to guarantee human rights protection. The research method used is normative legal research, with a statutory and conceptual approach. The legal materials used include primary legal materials in the form of laws and regulations related to the police and human rights, as well as secondary legal materials in the form of literature and expert opinions. The analysis was conducted qualitatively using a deductive method. The results indicate that, normatively, police discretion has a legal basis and limitations based on the principles of legality, proportionality, and accountability. However, the existing regulations are still general and open to multiple interpretations, potentially leading to abuse of authority and human rights violations in the practice of handling demonstrations. Therefore, a more assertive and measurable reformulation of police discretionary regulations is needed, establishing clear boundaries and developing standard operating procedures (SOPs) oriented toward protecting human rights. In conclusion, strengthening police discretionary regulations through clear limitations and implementing human rights-based SOPs is a crucial step toward achieving just, proportional law enforcement that respects citizens' rights to express their opinions in public.