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LEGAL PERSPECTIVES ON THE CONFISCATION OF CORRUPTION ASSETS: IMPLICATIONS FOR JUSTICE AND HUMAN RIGHTS Thaifur Rasyid; Sunardi; Nofi Sri Utami
International Journal of Cultural and Social Science Vol. 6 No. 1 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i1.1014

Abstract

This study examines the legal impact of the policy on the confiscation of assets derived from corruption on human rights in Indonesia, focusing on property rights and the presumption of innocence. A qualitative approach is used, combining normative legal analysis with empirical case studies through observation and documentation of asset confiscation cases in Indonesia. The findings indicate that while asset confiscation is a key tool in fighting corruption, its implementation faces legal challenges that jeopardize citizens' constitutional rights. Issues include asset confiscation without a final court decision (inkracht) and inadequate legal protection for third parties acting in good faith. The study suggests the need for policy reforms to strengthen evidence mechanisms, improve transparency, ensure independent oversight, and offer clearer legal protections. These reforms are essential to balancing the fight against corruption with respect for human rights in Indonesia’s legal system. Further research should focus on empirical case examples and a broader theoretical discussion.
LEGAL PROTECTION FOR WORKERS GIG ECONOMY IN THE PLATFORM ECONOMY ERA M. Alif Sannah Nurul Iqbal; Abdul Rokhim; Nofi Sri Utami
International Journal of Cultural and Social Science Vol. 6 No. 2 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i2.1084

Abstract

This research focuses on a juridical analysis of the conformity of Indonesia's labor law framework in providing protection for workers in the gig economy sector, particularly those working through digital platforms. The method used is normative juridical research with a legislative approach and literature study on legal literature, international reports, and relevant jurisprudence. The research results show that Indonesian labor regulations, such as Law Number 13 of 2003 and the Job Creation Law, have not been able to reach new forms of work relationships that are flexible but have a structural dependency on platform companies. The absence of formal legal recognition for digital workers has created a void in social and employment protections, and has strengthened the dominant position of corporations through opaque algorithmic regulations. The implications of these findings underscore the importance of reformulating labor laws to be more adaptive, substantive, and contextual, in order to ensure distributive justice and the rights of digital workers in the era of technology-based economies.
The Legality of Retail Fuel Sales Falah Ilmania, Nurika; Nofi Sri Utami; Moh. Muhibbin
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 11 No 2 (2022): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.vi.32960

Abstract

Fuel Oil (BBM) is one of the basic needs of the community, as the management and distribution of BBM is protected by the State to be able to maintain the quality of BBM. However, the research found that there are rampant individual retail fuel sales business actors who do not have legality and business licenses stipulated by the Government and have the aim of seeking individual profit. This paper aims to determine the regulation of fuel sales and the sociology of law on the legality of retail fuel sales. This research is an empirical juridical research with a descriptive approach conducted in Dinoyo District, Malang City. Based on the results of research on public legal awareness about the legality of retail fuel sales, it is still not said to be legally aware. Due to some of the indicators, people tend to ignore and ignore the legality of the commercial business license on BBM. Keywords: Business Legality; Oil Fuel; Retail Sales of Fuel Oil
Dinamika Sengketa Pemilihan Kepala Daerah Serentak di Indonesia untuk Mewujudkan Pemilihan Kepala Daerah yang Berintegritas: Studi di Kota Pematangsiantar dan Kabupaten Karo Nofi Sri Utami; maurice rogers; Amelya Gustina; Rian Sacipto
Inovasi Vol 22 No 1 (2025): INOVASI Jurnal Politik dan Kebijakan
Publisher : Badan Perencanaan Pembangunan, Riset dan Inovasi Daerah Provinsi Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33626/inovasi.v22i1.914

Abstract

Direct regional head elections began on June 1, 2005, allowing people to elect their own regional leaders. Provincial, Regency, and City Election Commissions are given the authority to organize direct regional elections and are accountable to the DPRD. Overall, the implementation of direct regional elections demonstrates Indonesia's commitment to strengthening people's sovereignty and implementing democratic principles. The regional election disputes in Pematangsiantar City and Karo Regency in 2015 and 2020 demonstrate the complexity of local political dynamics. The dispute in Pematangsiantar City began when the KPU disqualified one of the candidate pairs in the 2015 regional election, causing delays and dissatisfaction that continued until the 2020 regional election. Meanwhile, in Karo Regency, the 2015 and 2020 regional election disputes included allegations of campaign violations and vote manipulation, which were brought to the Constitutional Court but did not change the final results. These disputes reflect the challenges in implementing local democracy and the need for improvements in dispute resolution mechanisms to maintain integrity and public trust. The research method used is the normative-empirical legal research method. The data collection method uses literature study and interviews. This research is a qualitative research. Analysis is carried out on data from preliminary studies or secondary data. Qualitative data analysis during the field uses the Miles and Huberman Model analysis, namely data reduction, data models, drawing/verifying conclusions. In this qualitative research, data analysis has been carried out simultaneously with the data collection process. The recommendation of this research is that all elements, both society, government, NGOs, tribal leaders, must work together to realize elections with integrity. because elections with integrity are not only seen from the results but the process/stages must also have integrity. Keywords : Indonesian democracy, Pancasila, 1945 Constitution, Elections, Pilkada