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Konsep Presidensial Threshold terhadap Demokrasi di Indonesia Lutfi Yusup Rahmathoni; Sri Herlina
Jurnal Hukum Lex Generalis Vol 6 No 8 (2025): Tema Hukum Pemerintahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i8.1791

Presidential Threshold in Indonesia’s democratic system focuses on its alignment with the principles of democracy as stipulated in the 1945 Constitution of the Republic of Indonesia. The Presidential Threshold is a provision that sets a minimum requirement for nominating presidential and vice-presidential candidates. Although argued to simplify the contest and maintain governmental stability, this policy is considered contrary to democratic principles that uphold freedom, equality, and public representation. This study employs a juridical-normative method with an approach based on democratic theory and statutory regulations. The findings indicate that the implementation of the Presidential Threshold presents a dilemma between forming a strong and stable government and the importance of maintaining openness to diverse political participation. While the policy aims to streamline the electoral system, in practice it may violate democratic principles, particularly regarding the protection of the right to be elected, and contradict the principles of representation, freedom to run for office, and fairness in a pure democracy. Therefore, it is necessary to establish new regulations to balance the goal of political stability with the principle of popular sovereignty.

Tinjauan Yuridis terhadap Delik Aduan dalam Penegakan Hukum Hak Cipta berdasarkan Undang-Undang Nomor 28 Tahun 2014 Lutfi Yusup Rahmathoni; Sri Herlina; Sudiyono Sudiyono; Ahmad Rizqi
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1801

This study examines the application of complaint offenses in copyright law enforcement under Law Number 28 of 2014 concerning Copyright. As part of intellectual property rights, copyright provides legal protection for creative works, enabling creators or rights holders to obtain both economic and moral benefits, and preventing violations such as piracy or unauthorized use. Based on Article 120 of the Copyright Law, most copyright violations are classified as complaint offenses, meaning that investigation and prosecution can only proceed if a complaint is filed by the creator, copyright holder, or an authorized party unless the violation harms the public interest, in which case it is treated as an ordinary crime. This study employs a descriptive-analytical approach to primary, secondary, and tertiary legal materials. The findings indicate that the regulation of complaint offenses offers flexibility for rights holders to choose between litigation and non-litigation resolution. However, implementation faces challenges such as proving ownership, lengthy legal processes, and the potential misuse of complaint withdrawals. In conclusion, applying the complaint offense mechanism to copyright law can balance the protection of individual rights with the public interest, but it requires stronger regulations and greater legal awareness to achieve more effective and equitable enforcement.

Penerapan Asas Pembuktian Terbalik dalam Sistem Peradilan Pidana dalam Perkara Pencucian Uang di Indonesia Sri Herlina; Lutfi Yusup Rahmathoni; Sudiyono Sudiyono; Macario G. Gayeta
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.1805

Money laundering is a serious crime that has a major impact on the economic stability and integrity of the country's financial system. This crime is generally associated with predicate offenses, such as corruption, narcotics, and organized crime, to conceal the origin of illicit wealth. In law enforcement, the application of the reverse burden of proof principle is a crucial strategy for overcoming the difficulty of proof. This study examines the application of the reverse burden of proof principle in the Indonesian criminal justice system, particularly in money laundering cases, as outlined in Law Number 8 of 2010. The method used is normative juridical with a conceptual and statutory approach. The results of the study indicate that the application of the reverse burden of proof principle can strengthen efforts to eradicate money laundering, but must still uphold the principle of fair trial and protection of human rights, especially the presumption of innocence. Law Number 8 of 2010 has not comprehensively regulated the standards of proof, verification, and legal impact of this principle, thus creating a vacuum of norms and legal uncertainty. In practice, the accused is only burdened to explain the origin of the wealth, while the prosecutor proves the elements of the crime. However, this shifting burden of proof still raises concerns about violations of the presumption of innocence. Therefore, the application of the reverse burden of proof principle requires more detailed legal regulations and strict supervision so that it is not misused and continues to guarantee legal justice for the accused.

Criminal Defamation Through Social Media and Its Legal Implications in Indonesia Sri Herlina
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.142

The digital era has brought about a fundamental transformation in the communication patterns of Indonesian society through social media platforms, while at the same time giving rise to complex challenges in the field of criminal law. The Constitutional Court Decision No. 105/PUU-XXII/2024, issued on April 29, 2025, has shifted the legal paradigm of defamation by restricting the object of the offense solely to individual persons. This study analyzes the evolution of legal regulation of defamation in the digital era, the impact of the Constitutional Court’s decision on freedom of expression, and the challenges in implementing Law No. 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions Law (ITE Law) in law enforcement practices. Social media has become a virtual public sphere that can influence the reputation of both individuals and institutions with unlimited speed and reach, thereby requiring adaptive legal regulation (Rumondor et al., 2024). This research employs a normative juridical method with a statutory approach and judicial decision analysis. The analysis shows that although the Constitutional Court’s decision provides broader space for criticism of public institutions, technical challenges and legal harmonization still require regulatory strengthening and capacity-building for law enforcement officials. This study recommends the necessity of comprehensive dissemination to law enforcement authorities, the development of standardized operational procedures, and the enhancement of digital literacy among the public to prevent criminal defamation through social media.

Criminal Defamation Through Social Media and Its Legal Implications in Indonesia Sri Herlina
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.142

The digital era has brought about a fundamental transformation in the communication patterns of Indonesian society through social media platforms, while at the same time giving rise to complex challenges in the field of criminal law. The Constitutional Court Decision No. 105/PUU-XXII/2024, issued on April 29, 2025, has shifted the legal paradigm of defamation by restricting the object of the offense solely to individual persons. This study analyzes the evolution of legal regulation of defamation in the digital era, the impact of the Constitutional Court’s decision on freedom of expression, and the challenges in implementing Law No. 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions Law (ITE Law) in law enforcement practices. Social media has become a virtual public sphere that can influence the reputation of both individuals and institutions with unlimited speed and reach, thereby requiring adaptive legal regulation (Rumondor et al., 2024). This research employs a normative juridical method with a statutory approach and judicial decision analysis. The analysis shows that although the Constitutional Court’s decision provides broader space for criticism of public institutions, technical challenges and legal harmonization still require regulatory strengthening and capacity-building for law enforcement officials. This study recommends the necessity of comprehensive dissemination to law enforcement authorities, the development of standardized operational procedures, and the enhancement of digital literacy among the public to prevent criminal defamation through social media.

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