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All Journal JURNAL RETENTUM Journal of Multidisciplinary Sustainability Asean
Yudianto, Bambang
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Humanities Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Transformasi Hukum Operasi Tangkap Tangan Dalam Penindakan Tindak Pidana Korupsi Amiruddin, Sulaiman; Marsudianto, Dwi Nugroho; Yudianto, Bambang; Herman, KMS
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5402

Abstract

This study examines the need for more detailed regulations regarding the implementation of Hand-Catching Operations (OTT) in eradicating corruption in Indonesia. Although the authority of the Corruption Eradication Commission (KPK) to carry out OTT has been regulated in Law Number 30 of 2002, the regulation is still general and does not explain the procedures and limitations of authority in its implementation. This study aims to analyze the need for clearer regulations regarding the procedures for implementing OTT, initial evidence requirements, arrest time limits, and protection of human rights. The method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that detailed regulations regarding OTT are needed to prevent abuse of authority, increase accountability, and ensure that the implementation of OTT is in accordance with the principles of legality and due process of law. The main recommendation of this study is the need for a more assertive determination of authority, clear procedures, and strengthening the implementation of the principle of legality, especially related to electronic evidence, to support the effectiveness of fair and transparent corruption eradication.
Legal Certainty Regarding the Existence of Electronic Certificates Based on Welfare State Principles Yudianto, Bambang; Santiago, Faisal
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i6.1830

Abstract

Background. The adoption of electronic certificates in Indonesia’s land administration system aims to enhance efficiency and accessibility by leveraging digital technology. However, their implementation faces significant challenges, including public skepticism, regulatory gaps, infrastructure limitations, and technological disparities, raising concerns about their legal certainty and societal impact. Purpose. This study seeks to analyze the legal certainty of electronic certificates in Indonesia, identify obstacles hindering their adoption, and propose solutions to align their implementation with welfare state principles. Method. Using a qualitative approach, the study examines legal frameworks such as Regulation of the Minister of Agrarian Affairs and Spatial Planning/BPN No. 01 of 2021, alongside insights from stakeholders, including government officials, legal experts, and the public. Data collection was conducted through literature reviews, interviews, and focus group discussions. Results. The findings reveal gaps in public trust, regulatory oversight, and access to digital infrastructure, which hinder the widespread acceptance of electronic certificates. Stakeholders emphasize the need for enhanced socialization, equitable access to technology, and stricter regulatory mechanisms to ensure fairness and security. Conclusion. Electronic certificates hold significant potential to modernize land administration and promote welfare state principles. However, their successful implementation requires comprehensive policy reform, public engagement, and equitable access to technology.
Co-Authors Amiruddin, Sulaiman Faisal Santiago, Faisal Herman, KMS Marsudianto, Dwi Nugroho