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All Journal SIGn Jurnal Hukum Jurnal Hukum dan Etika Kesehatan (JHEK) Priviet Social Sciences Journal
Muhni, Afif
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Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Integration of Anti-SLAPP in the Reform of the Indonesian Criminal Procedure Code in an Effort to Protect Human Rights Muhni, Afif; Basri, Muhammad; Rivanie, Syarif Saddam; Iskandar, Ismail; Muin, Audyna Mayasari; Mirzana, Hijrah Adhyanti
SIGn Jurnal Hukum Vol 7 No 1: April - September 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i1.485

Abstract

Public participation in Indonesia faces a threat of systematic criminalization due to a procedural legal vacuum in Law Number 8 of 1981. This loophole enables the abuse of the legal process through SLAPP, a practice that silences critical voices and delegitimizes the constitutional guarantees for Human Rights. This study aims to analyze the urgency of and formulate a normative framework for comprehensively integrating an Anti-SLAPP mechanism into the Criminal Procedure Code Bill. Using a normative legal research approach, this study examines the disharmony between substantive protection norms and the absence of procedural enforcement instruments. The analysis reveals that without an early screening mechanism, a rule for shifting the burden of proof, and the recognition of a public interest defense, Law Number 8 of 1981 structurally fails to protect citizens. Therefore, this study recommends the integration of an inclusive and non-sectoral Anti-SLAPP mechanism into the Criminal Procedure Code Bill, designed to protect not only conventional activism but also participation in the digital space. This step is a fundamental prerequisite for strengthening the rule of law, fulfilling commitments to SDG 16, and ensuring the resilience of Indonesian democracy in the future.
Dual use satellites in the Ukraine conflict: The dilemma between state sovereignty and the principle of non-militarization of outer space Muthia, Nuriyah Fara; Muhni, Afif; H., Nurisnah
Priviet Social Sciences Journal Vol. 5 No. 10 (2025): October 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i10.715

Abstract

The increasing reliance on commercial satellite networks during armed conflicts has revealed substantial deficiencies in international space law. The Russia–Ukraine conflict serves as a pivotal case study, wherein Ukraine's utilization of SpaceX's Starlink satellite constellation for military communications obscured the distinction between civilian and military objects. This dual-use characteristic poses challenges to the traditional principles of international law, including state sovereignty over airspace, as delineated by the 1944 Chicago Convention, the freedom of outer space, as established by the 1967 Outer Space Treaty, and the principle of distinction under international humanitarian law. This study employs doctrinal legal analysis to assess whether dual-use satellites should be deemed legitimate military targets and to what extent states are accountable for the actions of private space actors. It contends that existing frameworks inadequately address the militarization risks posed by commercial satellites in low Earth orbit. The study concludes that new normative measures – whether through treaty amendments, interpretive declarations, or soft law instruments – are urgently needed to reconcile the competing principles of state sovereignty, civilian protection, and non-militarization of outer space.
Medicolegal Penggunaan Kadaver Manusia Untuk Bedah Anatomi Medis dan Transplantasi Organ: Medicolegal Use of Human Cadavers for Medical Anatomical Surgery and Organ Transplantation Muhni, Afif; Basri, Muhammad; Kadir, Zul Khaidir
Jurnal Hukum dan Etika Kesehatan VOLUME 5 NO 2
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v5i2.237

Abstract

This study examines the legal and ethical position in the use of human cadavers in Indonesia after anatomical cadaver surgery an organ transplantation, with a focus on the legal, ethical and regulatory aspects governing the use of cadavers for the purposes of medical education and research. In the context of health law, it is important to understand how regulations in Indonesia ensure the use of cadavers in accordance with applicable legal and ethical norms. This research is a normative-empirical study and uses a qualitative approach with document analysis methods, including laws, government regulations, comparation regulation and related literature. The results of this study obtained a conclusion on the need for regulation regarding the maximum limit on the use of human cadavers so that human rights, ethics and values that live in society and also religious values do not conflict with the objectives in the development of science in the field of health, as well as the need for renewal of data collection and government participation in this case the Ministry of Health to record every ownership of human cadavers with the aim of minimizing the illegal trade and transplantation human organs.
Co-Authors H., Nurisnah Hijrah Adhyanti Mirzana Iskandar, Ismail Muhammad Basri Muin, Audyna Mayasari Muthia, Nuriyah Fara Syarif Saddam Rivanie Zul Khaidir Kadir