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All Journal Melayunesia Law Journal of Social Science UNES Journal of Swara Justisia International Journal of Social Service and Research Indonesian Journal of Multidisciplinary Science PATTIMURA Legal Journal Mimbar Hukum Edunity: Kajian Ilmu Sosial dan Pendidikan Jurnal Ilmu Hukum Journal of Social Science Riau Law Journal Return : Study of Management, Economic and Bussines Jurnal Indonesia Sosial Sains Journal Research of Social Science, Economics, and Management Cerdika: Jurnal Ilmiah Indonesia Journal of Social Science Ekasakti Journal of law and Justice Jurnal Hukum & Pembangunan Cognitionis Civitatis et Politicae Journal of Multidisciplinary Sustainability Asean Rechtsnormen: Journal of Law
Bakir, Herman
Department Of Law, Universitas Ekasakti
Religion Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Neuroscience Physics Public Health Social Sciences Other

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Transforming Education for Juvenile Offenders in Child Special Guidance Institutions Risky Waldo; Herman Bakir
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 12 (2024): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i12.2318

Abstract

Problems faced by juvenile offenders in the Special Child Guidance Institution (LPKA) include limited educational facilities, lack of qualified educators, and lack of external support. These problems are exacerbated by the psychological challenges experienced by these children, which have a negative impact on their learning process. Therefore, the transformation of education in LPKA is an urgent need to support their rehabilitation and social reintegration. This study aims to analyze the implementation of education for juvenile offenders in LPKA by mapping the challenges faced and evaluating the efforts that have been made to overcome them. The main focus includes the development of an adaptive, inclusive, and technology-based education model to create a learning environment that supports children's holistic development. The method used is a normative legal approach with policy analysis. Data were collected through literature studies, analysis of related regulations, and studies of educational practices in LPKA that have been implemented. The results of the study indicate that the implementation of education in LPKA still faces significant obstacles, especially related to facilities, human resources, and less than optimal policy support. However, there is potential for improvement through strengthening collaboration between institutions, providing training for educators, and developing relevant life skills-based programs. The implications of this study emphasize the importance of education policy reform that is more responsive to the needs of adolescents in LPKA. Regulations are needed that strengthen the guarantee of equal and quality education, intensive training for educators, and curriculum development that emphasizes character education and life skills. Thus, it is hoped that adolescents in LPKA can obtain decent education and have the opportunity for better social reintegration.
Legal Vacuum in Issuance and Revocation of Mining Business Permits Ojak Situmeang; Herman Bakir
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1650

Abstract

Background: The management of Indonesia's abundant natural resources, particularly through mining activities, is closely tied to the issuance of permits governed by regulations such as the Mineral and Coal Law and its derivative laws. However, challenges like regulatory uncertainty, overlapping authority between central and regional governments, and inconsistent law enforcement create a legal vacuum that hinders the effectiveness of permit issuance and revocation. Objectives: This study aims to analyze the mechanisms for issuing and revoking mining business permits in Indonesia. It also seeks to identify legal challenges and provide recommendations to strengthen the legal framework and ensure effective implementation. Methods: This research employs a normative legal approach, focusing on the analysis of laws, regulations, and case studies related to mining business permits. Secondary data were analyzed qualitatively to evaluate the consistency and effectiveness of the legal framework. Research Findings: The findings reveal that the issuance and revocation processes are plagued by unclear regulations and fragmented governance. These issues result in regulatory inefficiencies and weak law enforcement, impeding sustainable resource management. Conclusion: To address the legal vacuum, reforms are required to ensure clarity, eliminate overlapping authority, and improve law enforcement. Strengthening the legal framework will enhance the management and regulation of mining permits in Indonesia.
Reconstruction of Criminal Law to Address Cyber Terrorism in Indonesia Dwi Nugroho Marsudianto; Herman Bakir
Journal Of Social Science (JoSS) Vol 3 No 11 (2024): JOSS
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i11.382

Abstract

Cyber terrorism uses information and communication technology to scare individuals or governments. In Indonesia, terrorism-related cyberattacks have increased by 300% in the past year, despite regulations such as the Law on the Eradication of Terrorism and the Law on Electronic Information and Transactions (UU ITE). This legal gap in handling cybercrime requires an effective reconstruction of criminal law. This research aims to analyze the effectiveness of law enforcement against cyber terrorism, identify legal gaps, and provide recommendations for necessary legal reforms. The approach used is normative law, with analysis of the Law on Eradication of Terrorism and ITE Law, as well as case studies to explore challenges in law enforcement. It was found that there are normative gaps in the existing regulations. While the ITE Law and Terrorism Eradication Law provide a legal framework, they do not clearly define cyber terrorism or provide sufficiently strict sanctions. There is a need for regulatory reform to cover aspects of cybercrime. Proposed reforms include a clear definition of cyber terrorism, increased sanctions, and the application of technology in law enforcement. International cooperation and public awareness are also important to create a safe environment. To improve law enforcement against cyber terrorism in Indonesia, comprehensive law reform is needed. Gaps in the ITE Law and Terrorism Eradication Law should be addressed with clear definitions and stricter sanctions, as well as through the use of technology and international cooperation
Investigators' Considerations in Terminating Investigations In Fraud Criminal Acts Sales of Common Land Through Restorative Justice David Harnedy Tampubolon; Neni Vesna Madjid; Herman Bakir
Ekasakti Journal of Law and Justice Vol. 4 No. 1 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/t3zy4x35

Abstract

The termination of the investigation is regulated in Article 109 Paragraph (2) of the Criminal Procedure Code, which is if there is not enough evidence, it is not a criminal act and for the sake of the law. However, in practice, there is a termination based on restorative justice, as in the police report number: LP/B/422/X/2022/SPKT/Polda Sumatra. Although the elements of fraud and embezzlement have been fulfilled in the case, investigators stopped the investigation on the agreement between the victim and the suspect who had received payment money for 1,000 hectares of land that did not belong to him. The results of the study were obtained that the investigator's consideration in stopping the investigation of the criminal act of fraudulent sale of customary land through restorative justice, included juridical considerations, namely that there had been peace between the victim and the suspect accompanied by compensation: the victim's money was returned including land management costs of Rp. 1,200,000,000,-. Furthermore, the investigator's non-juridical consideration is that the parties still have kinship relations between races so that it becomes the basis for the investigator to prioritize deliberation so as not to cause conflicts between each race. The process of stopping the investigation of the fraudulent act of selling customary land through restorative justice is to bring together customary stakeholders for deliberation and provide options for both parties to resolve it familially and provide advice to the suspect to return all losses of the victims so that they do not sue each other in the future. Then issue a peace report and determine the termination of the investigation on the basis of the revocation of the report due to peace so that the case is stopped for the sake of restorative justice.
Co-Authors Ahmad Redi Ahmad Redi, Ahmad Amrullah Amrullah Baritim Parjuangan Sinaga Darlian Pone David Harnedy Tampubolon Dwi Nugroho Marsudianto Eko adi setiawan Faisal Santiago Faisal Santiago Faisal Santiago, Faisal Firman Saputra Fitrian, Riko Fitriati Fitriati Haq, Muhammad Alhadi Ikhsan Nanda Herman Iyah Faniyah, Iyah Jeki Noviardi Jeni Lappy Laurensius Arliman S Maharani, Dhea Yulia Mahmuddin Mahmuddin Mahmuddin Mahmuddin Mardisontori Mardisontori Muhammad Alhadi Haq Mukhtasar Syamsuddin Neni Vesna Madjid Noviardi, Jeki Ocktave Ferdinal Ojak Situmeang Risky Waldo Ronald Saija, Ronald Saputra, Firman Situmeang, Ojak Tengku Riza Zarzani N Tesalonika, Iming Maknaan Wuisan, Ronald Samuel Yanwiyatono Yanwiyatono