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Hafendi, Doni
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Law, Crime, Criminology & Criminal Justice

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Perspektif Filsafat Hukum terhadap Kepailitan dan Keadilan Bagi Pekerja Dalam Kasus Sritex Rasji; Hafendi, Doni
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.986

Abstract

This study aims to examine the application of justice and legal certainty principles in the bankruptcy process of PT Sritex from a legal philosophy perspective. The research method used is normative juridical with statutory, case, and philosophical analysis approaches. The discussion reveals that although positive law mandates the protection of workers' rights, in practice there is a disparity in prioritizing secured creditors over workers. Legal epistemology highlights how legal knowledge in the Sritex case tends to favor economic power over substantive justice for vulnerable groups. Court decisions are seen as neglecting distributive justice and overlooking the humanistic dimension of law enforcement. The theory of legal certainty becomes crucial as the bankruptcy process causes uncertainty among workers and creditors regarding their rights. Satjipto Rahardjo's progressive law approach argues that law should side with the weak, calling for reform in the bankruptcy mechanism toward social justice. In conclusion, Indonesia’s bankruptcy system must be reformed to strengthen worker protection through fair debt settlement schemes and regulations that ensure inclusive legal certainty.
Politik Hukum dalam Kasus Suap Pergantian Antarwaktu DPR RI: Studi Atas Penetapan Hasto Kristiyanto sebagai Tersangka dalam Kasus Harun Masiku Hafendi, Doni; Gunadi, Ariawan
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.1018

Abstract

This study aims to analyze the legal politics behind the bribery case in the inter-term replacement of Indonesian House of Representatives members, focusing on the designation of Hasto Kristiyanto as a suspect in the Harun Masiku case. The research method used is normative legal research with statutory and case approaches. The case reflects weak oversight mechanisms in the PAW process, creating opportunities for political and legal abuse. The dominance of political parties in selecting replacement candidates fosters transactional practices such as bribery and gratification. Legal loopholes in the Election Law allow political parties to bypass the majority vote principle. The involvement of an Election Commission official highlights low institutional integrity and vulnerability to political interference. As a result, public trust in the democratic process and rule of law has deteriorated. In conclusion, the PAW system must undergo comprehensive reform by strengthening the independent authority of the Election Commission and closing legal loopholes exploited by political elites.
Analisis Perlindungan Hukum terhadap Korban Tindak Pidana Perdagangan Organ untuk Kepentingan Transplantasi Organ Ginjal Hafendi, Doni; Lie, Gunardi
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

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Abstract

Human organ trafficking, particularly involving kidneys, constitutes a grave crime that violates human rights and persists despite stringent national and international prohibitions. This crime is perpetrated not only by individuals but also by organized syndicates, including rogue state officials and transnational networks, exploiting societal vulnerabilities such as poverty, low education levels, and limited access to legal information. This study aims to thoroughly examine Indonesia's legal framework concerning human trafficking for kidney transplantation and evaluate the legal protections available to victims. Employing a normative juridical approach, the research analyzes relevant legislation, including the Eradication of Human Trafficking Law, the Health Law, and the Child Protection Law. Additionally, it reviews concrete cases and legal literature to depict real-world legal practices. The findings reveal that, despite existing regulations, legal protection for victims remains ineffective, particularly in terms of assistance, restitution, and rehabilitation. Many victims lack adequate access to justice, and perpetrators, including involved corporations, often escape proportionate legal consequences. The study also identifies normative and implementation challenges, with sanctions deemed insufficient to create a deterrent effect and inter-agency coordination remaining suboptimal.
Diskresi Sebagai Instrumen Penegakan Hukum: Kajian terhadap Kewenangan Kepolisian Berdasarkan UU Kepolisian Hafendi, Doni; Silalahi, Wilma
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
Publisher : CV Rewang Rencang

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Abstract

This study examines the authority of discretion as an instrument of law enforcement by the Indonesian National Police within the context of the national legal system. Discretion is understood as a legal policy that allows public officials, including law enforcement officers, to act beyond written normative provisions in certain situations, while still upholding the principles of legality, accountability, and human rights protection. This research employs a normative juridical method with a statutory and conceptual approach, and is analyzed descriptively and qualitatively. Based on Law Number 2 of 2002 concerning the Police, discretion is acknowledged through several provisions, such as Articles 15, 16, and 18, which provide the police with space to take responsible legal actions in maintaining security and public order. The study highlights the importance of legal and ethical boundaries in the exercise of discretion to prevent overreach and avoid abuse of power. Discretion is also described as a response to legal loopholes, normative ambiguities, and emergency situations that demand swift action. The main findings indicate that although discretion is necessary in law enforcement practices, without strict supervision and clear guidelines, it has the potential to result in violations of citizens' constitutional rights. Therefore, the formulation and revision of legal policies, as well as the strengthening of oversight mechanisms, are essential to ensure that the use of police discretion remains within the framework of a democratic rule of law.
Co-Authors Ariawan Gunadi Lie, Gunardi Rasji Silalahi, Wilma