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All Journal Jurnal Ilmiah Hukum dan Hak Asasi Manusia Journal of Constitutional Law Society (JCLS) Kajian Ilmiah Hukum dan Kenegaraan Nemui Nyimah
Meidiantama, Refi
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Religion Agriculture, Biological Sciences & Forestry Humanities Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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UPHOLDING THE ERGA OMNES PRINCIPLE: THE ROLE OF CONSTITUTIONAL COURT DECISIONS IN THE FORMATION OF INDONESIA'S NEW PENAL CODE: MENEGUHKAN PRINSIP ERGA OMNES: PERAN PUTUSAN MAHKAMAH KONSTITUSI DALAM PEMBENTUKAN KUHP BARU INDONESIA Ali, Chaidir; Meidiantama, Refi
Constitutional Law Society Vol. 4 No. 1 (2025): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/cls.v4i01.102

Abstract

The erga omnes principle, denoting obligations owed universally rather than to specific parties, plays a crucial role in constitutional law and judicial review. In Indonesia, the Constitutional Court upholds this principle by ensuring its rulings have a binding effect on all legal actors and institutions. This paper examines how the Court's jurisprudence has shaped the new Indonesian Penal Code through landmark constitutional decisions. By analyzing key rulings that annulled provisions from the colonial-era Penal Code, this study explores the Court’s influence on legislative reform and human rights protections. Utilizing normative legal research methods, including statute, case, and conceptual approaches, this study assesses how the Constitutional Court enforces the erga omnes principle through judicial review. The findings reveal that while several unconstitutional provisions from the old Penal Code were removed, some were reintroduced in the new code with modifications, often as complaint-based offenses to balance legal certainty with free expression. Despite these revisions, concerns persist regarding the potential misuse of reintroduced provisions to suppress dissent. This study underscores the Constitutional Court’s role in safeguarding democracy by ensuring its decisions are universally applicable. However, challenges remain in enforcing compliance with its rulings. As Indonesia continues its legal evolution, ongoing judicial oversight will be essential to uphold constitutional supremacy, human rights, and the rule of law.
Upaya Non Penal Penanggulangan Pembakaran Hutan dan Lahan di Provinsi Lampung Edla, Zalza Junior; Shafira, Maya; Farid, Muhammad; Maulani, Diah Gustiniati; Ginting, Mamanda Syahputra; Meidiantama, Refi
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 2 (2025): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i2.4537

Abstract

Purpose: To purpose the non penal efforts in dealing with forest and land burning in Lampung Province. Methodology/approach: The methods used in this research are normative legal and empirical legal approaches, namely by conducting literature studies and field studies by seeking information through interviews. Result/findings: The findings show that based on data from the Lampung Regional Police (Polda), there have been no reports of forest and land fires in Lampung Province in recent years. However, data from the Ministry of Environment and Forestry shows that forest and land fires still often occur in the region. Therefore, overcoming criminal acts of forest and land burning requires serious and integrated efforts from various authorized parties. Conclusions: karhutla control in Lampung Province through non-penal efforts focuses on preventive and educational steps, such as counseling, patrols, and monitoring of hotspots by the Lampung Police and the Forestry Service. Collaboration with local governments, NGOs, and the community is the main strategy in reducing the number of karhutla. Meanwhile, non-penal efforts face obstacles such as limited personnel, minimal facilities, low public awareness, and the habit of clearing land by burning. Therefore, synergy between various parties is needed to increase the effectiveness of forest and land fire prevention and control. Limitations: This research only analyzes non-penal efforts to prevent forest and land fires in Lampung based on data from relevant agencies, without discussing the effectiveness of criminal law enforcement or the long-term impact of policies, apart from that, differences in reports from various sources are a challenge in obtaining a completely accurate picture of forest and land fire incidents in Lampung. Contribution: Making a positive contribution to agencies involved in preventing forest and land fires, so that they can play a more active role in improving law enforcement and protecting the community in the future.
Perbandingan Pengaturan Tindak Pidana Korupsi dalam Pembaharuan KUHP Nasional Meidiantama, Refi; Charinda, Donna Exsanti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 3 No. 1 (2024): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i1.4573

Abstract

Purpose: This study analyzes updates and comparative changes in the regulation of corruption crimes, focusing on the transition from the Corruption Eradication Law to the New Criminal Code. Methodology: A normative juridical approach is employed, utilizing both primary and secondary sources. Primary data is obtained through interviews with key informants, while secondary data is drawn from literature, including books, academic studies, and journal publications. Results: The findings reveal significant changes in the regulation of criminal sanctions related to corruption, particularly in terms of imprisonment and financial penalties. These shifts are evident in the transition from the previous Corruption Law to the updated provisions under the New Criminal Code, specifically Articles 603 and 604. Notably, certain provisions show a reduction in the minimum terms of imprisonment and fine amounts. Conclusion: While some sanctions—such as maximum prison terms for bribery and fines for gratification—have increased, the overall trend in the New Criminal Code is toward more lenient penalties compared to the earlier legal framework. Limitations: This study is limited to a legal comparison between the Corruption Eradication Law and the provisions of the New Criminal Code. Contribution: The study contributes to legal scholarship by offering a comparative analysis of recent developments in corruption-related criminal law, supporting improved understanding and enforcement of anti-corruption regulations.
PENYULUHAN TERHADAP URGENSI KESADARAN HUKUM PINJAMAN ONLINE ILEGAL BAGI MASYARAKAT DESA BETUNG LAMPUNG SELATAN Shafira, Maya; Achmad, Deni; Farid, Muhammad; Meidiantama, Refi; Rifai, Akhmad
Nemui Nyimah Vol. 5 No. 1 (2025): Nemui Nyimah Vol. 5 No. 1 2025
Publisher : FT Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/nm.v5i1.160

Abstract

The rise in illegal online loan cases (pinjol) in Indonesia, especially in rural areas, is a serious problem that requires special attention. The lack of digital and financial literacy makes rural communities, including in South Lampung, vulnerable to being trapped in illegal lending practices that are detrimental. This counseling activity aims to increase public awareness of the dangers and impacts of illegal pinjol and provide an understanding of how to recognize and avoid them. The method used is an educational approach through seminars, interactive discussions, and the distribution of educational materials. The results of the emergency counseling activity on illegal online loans for rural communities in South Lampung showed an increase in participants' understanding of the characteristics of illegal loans and preventive steps that can be taken. It is hoped that this activity can be the first step in forming a society that is more critical and alert to unofficial digital financial practices.
Co-Authors Akhmad Rifai Ali, Chaidir Charinda, Donna Exsanti Deni Achmad Diah Gustiniati Maulani Edla, Zalza Junior Ginting, Mamanda Syahputra Maya Shafira Muhammad Farid