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All Journal Devotion: Journal of Research and Community Service Return : Study of Management, Economic and Bussines INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Sains Journal of Social Science Asian Journal of Social and Humanities
Arief Fakrulloh, Zudan
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Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Public Health Social Sciences

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Restorative Justice as an Effort to Settle Traffic Accident Crime Cases Gusti Gede Maha Andika Jaya, I; Santiago, Faisal; Arief Fakrulloh, Zudan
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 2 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1068.569 KB) | DOI: 10.58631/injurity.v2i2.29

Abstract

ABSTRACT The traffic problems occurred of traffic accidents that result in human casualties and/or property loss. Law enforcement systems development and methods in Indonesia shows a tendency to follow the development of the general justice system, especially the development of the principle of restorative justice by burdening executant with their mistakes, apologize, returning damages and losses to victims as before or resembles condition. The formulation of the problem in this study is how the traffic accident crimes can be resolved through restorative justice, what is the investigator's consideration in resolving traffic accident cases through restorative justice. From the results of the study it can be concluded that the traffic accidents can be resolved through restorative justice according to Article 236 (2) of Law No. 22 of 2009, namely only minor traffic accidents, according to Article 63 of Law Police Regulation Number 15 of 2013, which is a minor traffic accident, and based on the letter of the National Police Number 8 of 2018, which is a crime that does not cause human casualties. The investigator's consideration in resolving traffic accident cases through restorative justice is the existence of a peace agreement by both parties involved in the traffic accident. Keywords : Accident Cases
Legal Accountability of Officials and Police For Damage or Loss of Seized Goods Rihi, Ade Papa; Arief Fakrulloh, Zudan
Journal of Social Science Vol. 5 No. 6 (2024): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v5i6.955

Abstract

This research discusses the legal vacuum regarding the accountability of law enforcement officials, specifically the police, in the management of seized goods that have experienced damage or loss. The main focus of this research is to identify weaknesses in existing regulations and their impact on legal certainty and the protection of the rights of the owners of the goods. By analyzing the ambiguities in the laws and examining real case studies, this research finds that the legal vacuum leads to material losses for the owners and decreases public trust in law enforcement agencies. As a solution, the research recommends legal reforms through the establishment of clearer regulations regarding the obligations of seized goods managers to provide compensation, as well as strengthening administrative procedures and strict monitoring to create a fair and transparent legal system
Implementation of Informed Consent Medical Actions as Legal Protection For Health Officers at Interna Medika Karawang Clinic Nurjana, Nunu; Arief Fakrulloh, Zudan; Redi, Ahmad
Devotion : Journal of Research and Community Service Vol. 4 No. 1 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/dev.v4i1.374

Abstract

This study aims to examine the implementation of Informed Consent which is carried out when carrying out medical medical actions, examine and discuss the occurrence of criminal acts, examine and discuss the implementation of criminal sanctions by health workers in the practice of health services at the Interna Medika Clinic Karawang. This study uses a normative legal approach, which is to see and pay attention to the rules or literature in accordance with the object of research. The problems that arise are as follows: (1). The existence of Informed Consent is very important when carrying out medical medical actions (2). The occurrence of criminal acts that may be committed by health workers in the practice of health services (3). The application of criminal sanctions for anyone in this case health workers who commit criminal acts at the time the medical action is carried out.
The Legal Vacuum and Normative Conflicts in Bankruptcy Applications by Workers Dayyantara, Ougy; Arief Fakrulloh, Zudan
Return : Study of Management, Economic and Bussines Vol. 3 No. 11 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i11.295

Abstract

This study investigates the legal issues arising from Supreme Court Circular Letter Number 2 of 2019 concerning bankruptcy applications by workers, focusing on the legal vacuum and lack of clarity regarding the rights that can form the basis of such applications. The research employs a normative legal method, analyzing legal norms, legislation, and judicial decisions to assess the challenges faced by workers in filing bankruptcy applications. The findings reveal significant gaps, including the requirement for a legally binding decision from the Industrial Relations Court (PHI) prior to filing, which creates procedural delays and confusion. The lack of clarity on the scope of workers' rights, especially regarding non-wage entitlements such as bonuses and allowances, further exacerbates legal uncertainty. The study recommends revising the circular to address these gaps, enhancing coordination between PHI and the Commercial Court, and improving legal awareness among workers. These steps aim to create a more robust framework for protecting workers' rights and ensuring legal certainty in bankruptcy applications. The study highlights the urgent need for reform to strengthen legal protections for workers in Indonesia.
Update on the Functionalization of Sentencing Guidelines in the Criminal Law System in Indonesia Zahlan, Muhammad; Arief Fakrulloh, Zudan
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.333

Abstract

Renewing the functionalization of sentencing guidelines in the criminal law system in Indonesia is the main topic of this article. The central purpose of this reform is to increase fairness, effectiveness, and efficiency in criminal law enforcement in Indonesia. With structured and clear sentencing guidelines, it is hoped that the sentencing process can be carried out consistently and transparently, providing fair decisions for all parties involved. This article highlights several important aspects that need to be considered in renewing the functionalization of criminal law in Indonesia. First, justice in the sentencing process must be maintained by ensuring equal treatment for all individuals before the law. Second, technological innovation is crucial for increasing efficiency and accuracy in the legal process. Third, crime prevention and rehabilitation are also important focuses for creating a safer and more civilized society. In addition, the significance of international cooperation is increasing the capacity of law enforcement officials, as well as transparency and accountability are also emphasized in this article. Challenges such as harmonization of regulations, limited resources, resistance from certain parties, and so on, must be overcome with strong commitment and cooperation from various related parties. It is hoped that with a deep understanding of these challenges, updating the functionalization of criminal law and sentencing guidelines in Indonesia can have a positive impact on efforts to achieve better legal justice. Cross-sector collaboration, innovation, and strong commitment from the government, legal authorities, and society as a whole are the main keys to realizing a fairer and more effective criminal legal system in the future.
The Legal Vacuum in Bankruptcy Resolution Based on Sharia Contracts Syahputra, M Arif; Arief Fakrulloh, Zudan
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.454

Abstract

This research addresses the legal vacuum concerning the bankruptcy of sharia financial institutions in Indonesia, arising from the incompatibility between Law No. 37 of 2004 on Bankruptcy and Law No. 3 of 2006, which grants authority to Religious Courts in resolving sharia economic disputes. The unique operational principles of sharia financial institutions are not adequately accommodated within the current legal framework, leading to legal uncertainty, procedural challenges, and risks to public trust. This study aims to identify these legal gaps, analyze their implications, and propose solutions to ensure legal certainty and justice. Using a normative juridical method, the research focuses on analyzing relevant laws, legal doctrines, and fatwas issued by the Indonesian Ulema Council (MUI) while conducting a comparative study of best practices in other jurisdictions. The findings reveal that the absence of specific regulations, limited technical capacity of Religious Courts, and insufficient legal literacy among stakeholders exacerbate the problem. To address this, the research proposes the creation of specific regulations tailored to sharia bankruptcies, the enhancement of Religious Court capacities, stakeholder education, and the active role of MUI in issuing fatwas as legal guidelines. These measures are expected to foster legal certainty, procedural fairness, and public trust in the sharia finance sector while ensuring a just and efficient dispute resolution system.
Legal Dilemma of Abortion Regulation for Rape Victims in Indonesia from the Perspective of Justice Iwansyah, Iwansyah; Arief Fakrulloh, Zudan
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.468

Abstract

This research discusses the role and impact of medical expert witness testimony in drug abuse cases involving police officers as alleged violators of the code of ethics. Expert witness testimony plays a critical role as a key piece of evidence in the legal process, particularly in determining the validity of allegations and ensuring fairness in proceedings. However, the study highlights several challenges faced by medical experts, including social pressure, public stigma, and potential conflicts of interest that may compromise their objectivity, integrity, and independence. Furthermore, the complexity of legal procedures and administrative constraints can hinder the timely collection of biological samples and subsequent analysis. Difficulties in accessing relevant medical records and data further exacerbate these challenges, creating delays and inefficiencies in resolving cases. This study also underscores the psychological and institutional pressures on expert witnesses when handling cases involving law enforcement personnel, which can impact their professional credibility. To address these issues, the research recommends systemic reforms aimed at strengthening the role of expert witnesses through clearer regulations, standardized procedures for evidence collection, and enhanced safeguards to protect their independence. Improved transparency, accountability, and collaboration between legal and medical institutions are critical to ensuring justice, particularly in cases of drug abuse involving law enforcement officers.
Implementation of Legal Policy in Indonesia in Handling Illegal Immigrants Bayu Setyaji, Tessar; Arief Fakrulloh, Zudan; Suparno, Suparno
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.813

Abstract

Even though it is not a destination country, with the consequence of its geographical location, Indonesia is the final stopover for waves of asylum seekers and refugees going to the destination country, namely Australia. The presence of these illegal immigrants will raise demographic problems (population) and is related to social-economic conflicts and directly proportional to the crime rate. The fact that Indonesia is a country of transit for illegal immigrants is evident from the duration of their stay. As many as 17.50 percent of immigrant respondents stated that they lived in Indonesia for 2-4 weeks. It was that immigrants could pause for their next journey, change smuggling agents, or use transit as a separate strategy before entering Australian territory. Immigrants themselves when entering Indonesian territory must have valid documents by the laws and regulations in force in Indonesia as referred to in Article 8 paragraph (1) of Law Number 6 of 2011 concerning Immigration. Law enforcement against foreign nationals is aimed at issues of falsification of identity, lack of documents, registration of foreigners and provision of foreign control books, abuse of residence permits, illegal entry or stay illegal, expiry of stay permit, being in Indonesia outside monitoring by raids and geographic vulnerability in crossings.
Violent Crime Policies in the Teaching and Learning Process in a Criminal Law Perspective Rohmatullah, Rohmatullah; Arief Fakrulloh, Zudan; Barthos, Megawati
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.833

Abstract

The reason for viciousness against understudies can happen on the grounds that educators don't grasp the significance of brutality and its unfortunate results. The instructor felt that the understudies would be stopped by whipping. Then again, understudies become angry and defiant to the educator. The conditions and background of acts of violence in education are strung together in a spiral relationship that can appear at any time, by any perpetrator who is involved in an educational institution, as long as there is a trigger for the incident. Recently, there have been various cases that occurred in the educational environment related to violence perpetrated by teachers against their students. Most of the occurrences are caused by the application of disciplinary norms that are too forced on students. Meanwhile, not all students are accustomed to disciplinary behavior. The wrong way of instilling discipline can be in the form of both physical and mental violence against children. The most visible thing is physical violence. It is not uncommon for this to go to court because parents feel they have been disadvantaged.
The role of the Corruption Eradication Commission (CEC) in carrying out its functions and authorities to eradicate corruption Priyanto, Bambang Budi; Santiago, Faisal; Arief Fakrulloh, Zudan
Jurnal Indonesia Sosial Sains Vol. 4 No. 07 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i07.857

Abstract

A clean government is a government that is free from the practice of Collusion, Corruption and Nopotism (CCN). Thus, the implementation of clean law and government must be supported by the participation of the community and / or community institutions through the function of control over the implementation of public government and development tasks in an effort to realize good governance. This research includes empirical legal research that uses primary data supported by literature research as secondary data. This research focuses on the function of the KPK's authority in eradicating corruption. The KPK in the Indonesian constitutional structure according to Law Number 19 of 2019 concerning Article 3 of the Corruption Eradication Commission, the Corruption Eradication Commission hereinafter referred to as the Corruption Eradication Commission is a state agency that has executive power that carries out the task of preventing and eradicating Corruption Criminal Acts in accordance with this Law. According to its function, the position of the KPK is equated with the Police and Prosecutor's Office. The KPK is still independent and free from any power. In this provision, what is meant by "any power" is a power that can affect the duties and authorities of the Corruption Eradication Commission or individual members of the Commission from the executive, judiciary, legislature, other parties related to corruption criminal cases, or circumstances and situations or for any reason.
Co-Authors Ahmad Redi, Ahmad Barthos, Megawati Bayu Setyaji, Tessar Dayyantara, Ougy Faisal Santiago, Faisal Gusti Gede Maha Andika Jaya, I Iwansyah, Iwansyah Lubna Lubna Novianto, Budi Nurjana, Nunu Priyanto, Bambang Budi Rihi, Ade Papa Rohmatullah, Rohmatullah Suparno Suparno Syahputra, M Arif Zahlan, Muhammad