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All Journal Jurnal Ilmiah Publika FOCUS: Journal of Social Studies IBLAM Law Review Journal of Law
Fakhlur, Fakhlur
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Journal of Law

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Penerapan Hukum Terhadap Pelaku Homo Seksual Di Bawah Umur: (Studi Kasus Putusan Nomor 377/Pid. Sus/2021/PN Nnk) Ramadhani, Annisa Sabrina; Fakhlur, Fakhlur; Fattinudin, Muhammad
Postulat Vol 2 No 2 (2024): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v2i2.1690

Abstract

The perpetrators and victims of homosexual crimes in my research are adults and of the same gender. An adult who has sexual relations with a child means committing a criminal act, violating morals, and not being socially accepted because it is not considered normal. The author wants to conduct research by concentrating on the following issues: 1. How the law is used for the second crime of sexual violence. Nunukan District Court number 377/Pid.Sus/2021/PN. The author uses normative juridical research myths, a type of legal research that focuses on legal principles, rules, court decisions, and principles contained in laws and regulations. This method allows legal research to find and understand relevant legal substance and make strong legal arguments. The government must continue to review and update laws related to sexual violence to become more effective. This should be done to ensure that all types of sexual violence are clearly regulated and provide comprehensive protection, including adjusting provisions to meet the needs of society. In addition, the government should protect and assist victims of sexual violence by providing comprehensive medical and psychosocial services to help them recover, such as counseling, therapy, and good medical care. By following these suggestions, governments can strengthen the legal system, protect victims of sexual violence, and make the country fairer and safer.   Keywords : application of the law, seksual violence, obscenity, same
Analisis Keabsahan Kontrak Elektronik dalam Transaksi E-commerce: Persyaratan Hukum dan Implementasi dalam Era Digital Indonesia David, David; Fakhlur, Fakhlur
Postulat Vol 2 No 2 (2024): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v2i2.1710

Abstract

The rapid evolution of the digital era has significantly transformed societal behaviors, particularly in how transactions are conducted in Indonesia. As technological advancements permeate various life aspects, there's a growing reliance on electronic contracts, especially within e-commerce. This study delves into the legal standards and practical application of electronic contracts in Indonesia, exploring how they meet traditional contractual requirements like mutual consent, capacity, specified object, and lawful purpose as outlined in Article 1320 of the Indonesian Civil Code. The research employs a qualitative methodology, focusing on a comprehensive literature review to understand the existing legal frameworks and how they apply to electronic transactions. The analysis aims to bridge theoretical principles with real-world application, drawing from both primary and secondary sources to enrich the research findings. Results highlight that while electronic contracts facilitate efficiency and broader accessibility in transactions, there remain complexities in ensuring their validity and enforceability, particularly concerning the principles of good faith and contractual capacity. Significant legal interpretations still lean towards the necessity of written agreements despite the legal acceptance of electronic formats as binding agreements under Indonesian law. The study further observes a disparity in the legal recognition and practical application of electronic contracts, suggesting a need for clearer regulations and more robust consumer protection in the digital marketplace. Keywords: Electronic Contracts, E-commerce, Indonesian Civil Code, Contractual Law, Digital Transactions.
Eksaminasi Putusan Peninjauan Kembali Mahkamah Agung dalam Koreksi Kekhilafan Hakim (Judex Facti) Pada Perkara Narkotika (Studi Putusan: Nomer 2473/PK/Pid.Sus/2025) Melinda , Najwa; Fakhlur, Fakhlur
Postulat Vol 4 No 1 (2026): POSTULAT: Jurnal Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v4i1.2214

Abstract

This study examines the role of judicial review (Peninjauan Kembali/PK) as a corrective mechanism for judicial error in narcotics cases, focusing on Supreme Court Decision Number 2473 PK/Pid.Sus/2025. Using normative legal research and case analysis, the study finds that the Supreme Court identified errors in the judex facti’s assessment of legal facts and sentencing proportionality, particularly regarding the quantity of evidence and the offender’s role. Consequently, the sentence was reduced from 13 years to 9 years of imprisonment. This decision reflects the application of substantive justice by prioritizing proportionality and material truth while maintaining legal certainty.
Co-Authors David David Fattinudin, Muhammad Meinaky, Remarcho Melinda , Najwa Muin, Irwan Ramadhani, Annisa Sabrina Sanjaya, Satriya Kurnia