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All Journal Jurnal Sosial dan Teknologi International Journal of Social Service and Research Jurnal Pendidikan Indonesia (Japendi) Al-battar: Jurnal Pamungkas Hukum Jurnal ISO: Jurnal Ilmu Sosial, Politik dan Humaniora
Subianta Mandala
Universitas Borobudur
Humanities Civil Engineering, Building, Construction & Architecture Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pemberlakuan Living Law Dalam Undang Undang Darurat Nomor 1 Tahun 1951 dan KUHP Baru: Studi Komparatif Subianta Mandala; KMS Herman
Jurnal ISO: Jurnal Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 2 (2025): December
Publisher : Penerbit Jurnal Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53697/iso.v5i2.3629

Abstract

Penelitian ini bertujuan untuk membandingkan pengaturan living law atau hukum yang hidup dalam masyarakat dalam Undang-Undang Darurat Nomor 1 Tahun 1951 dengan pengaturannya dalam Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana, serta menganalisis pelaksanaan living law berdasarkan Undang-Undang Darurat dan memproyeksikan prospek penerapannya setelah berlakunya KUHP baru. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perbandingan hukum melalui analisis peraturan perundang-undangan, putusan pengadilan, dan doktrin hukum pidana yang relevan. Hasil penelitian menunjukkan bahwa pengadilan di Indonesia telah menerapkan hukum pidana adat dalam perkara-perkara tertentu dengan mendasarkan pada Undang-Undang Darurat Nomor 1 Tahun 1951, meskipun jumlah penerapannya masih terbatas. Penelitian ini juga menemukan bahwa pengaturan living law dalam KUHP baru memiliki pengaturan yang lebih komprehensif dibandingkan dengan Undang-Undang Darurat Nomor 1 Tahun 1951, baik dari segi perumusan pengertian, batasan, maupun persyaratan penerapannya, serta adanya perintah pengaturan lebih lanjut melalui Peraturan Pemerintah dan Peraturan Daerah. Pengaturan tersebut mencerminkan upaya untuk menyeimbangkan pengakuan terhadap hukum pidana adat dengan asas legalitas dan kepastian hukum, sehingga memberikan optimisme terhadap peningkatan penerapan hukum pidana adat dalam sistem peradilan pidana Indonesia di masa mendatang.
Legal Aspects of Moral Rights and Economic Rights in Music Creation Using AI Music Generators Lili Sekararum Utami; Subianta Mandala; Darwati Darwati
Jurnal Pendidikan Indonesia Vol. 6 No. 7 (2025): Jurnal Pendidikan Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/japendi.v6i7.8114

Abstract

The advancement of artificial intelligence (AI) technology has had a significant impact across various sectors, including the music industry. One of the latest innovations is the AI Music Generator, which is capable of automatically creating musical compositions without direct human involvement as the creator. However, this development raises various legal issues, particularly concerning moral rights and economic rights in the context of copyright protection for music works produced by AI. This study aims to analyze the legal aspects related to moral and economic rights in the creation of music generated by AI Music Generators. The study also compares copyright regulations in several countries, including Indonesia, the United States, and the European Union, to understand how international and national laws accommodate AI advancements in the music industry. The findings show that, to date, there are no specific regulations governing copyright ownership of AI-created works. This results in legal uncertainty in the distribution of moral and economic rights over AI-generated music. Therefore, legal policy reforms are needed to accommodate AI developments in the music sector while ensuring fairness for creators, AI owners, and music users.
Reconstruction of the Application of the Business Judgment Rule Principle from the Perspective of Corruption Crimes as an Effort to Overcome the Ambiguity of Norms in the Accountability of Directors La Ode Muhamad Hiwayad; Subianta Mandala
International Journal of Social Service and Research Vol. 6 No. 7 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i7.1428

Abstract

The increasing complexity of corporate management has created challenges in determining the legal accountability of directors, particularly when business decisions resulting in losses are associated with corruption offenses. The application of the Business Judgment Rule principle, which is intended to protect directors who make decisions based on good faith, due care, and the best interests of the company, often encounters normative ambiguity when interacting with the corruption law regime, particularly in companies involving state finances. This study aimed to reconstruct the application of the Business Judgment Rule principle from the perspective of corruption offenses in order to establish clearer boundaries between legitimate business risks and actions that constitute criminal violations by directors. This research employed a normative juridical method using statutory and conceptual approaches. Legal materials were obtained through the examination of primary legal sources, including laws and regulations governing corporations, state-owned enterprises, and corruption eradication, as well as secondary legal sources consisting of legal literature and academic studies. The analysis was conducted qualitatively using prescriptive legal analysis. The findings indicated that normative ambiguity arose from the lack of harmonization between corporate law principles and corruption law provisions, resulting in the potential interpretation of business losses as state financial losses without adequate consideration of the decision-making process undertaken by directors. The study concluded that legal reconstruction was required by strengthening the Business Judgment Rule as an assessment standard for determining directors’ liability, establishing clearer parameters of good faith and the duty of care principle, and developing judicial guidelines to distinguish legitimate business risks from corruption-related conduct. This reconstruction was expected to provide greater legal certainty for directors while maintaining effective enforcement of corruption laws.
The Dynamics of Land Ownership Rights under Indonesian Agrarian Law: Legal Certainty and the Challenges of Social Justice Lutfi Effendi; Subianta Mandala
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.437

Abstract

Land ownership rights constitute the strongest, fullest, and hereditary form of land rights within the Indonesian agrarian legal system as regulated by Law Number 5 of 1960 concerning Basic Agrarian Principles (the Basic Agrarian Law). In practice, however, the regulation and implementation of land ownership rights have undergone significant dynamics influenced by regulatory developments, socio-economic conditions, and national land policies. Agrarian reform initiatives and sectoral regulatory changes are intended to promote legal certainty and equitable land distribution, yet they simultaneously give rise to complex legal issues, including agrarian conflicts, overlapping land titles, uncontrolled land conversion, and the proliferation of land mafia practices. This study aims to examine the legal position and characteristics of land ownership rights within Indonesian agrarian law, analyze the development of the regulatory framework governing such rights, and identify the principal challenges in achieving legal certainty and social justice for land rights holders. The research employs a normative juridical method using a statutory and conceptual approach, supported by a literature review of relevant legislation, scholarly books, and academic journals, with particular reference to the Basic Agrarian Law and Government Regulation Number 24 of 1997 on Land Registration. The findings indicate that although the existing legal framework is designed to provide legal protection and certainty through land registration mechanisms, its implementation remains constrained by institutional weaknesses and enforcement gaps. Accordingly, the study underscores the necessity of strengthening land administration systems, reforming agrarian regulations to respond to contemporary social and economic developments, and enhancing law enforcement to ensure that land ownership rights function not only as instruments of legal certainty but also as vehicles for social justice and sustainable development in Indonesia.
Comparison Of Islamic Inheritance Law System And Civil Inheritance Law In Realizing Justice And Legal Certainty In Indonesia Amrullah; Subianta Mandala
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.438

Abstract

A crucial component of the legal system that governs how the testator's posthumous assets are divided among his heirs is inheritance law. Indonesia now has two different systems of inheritance law in place: civil inheritance law and Islamic inheritance law. Islamic inheritance law is based on the Qur'an, Hadith, and the Compilation of Islamic Law (KHI), whereas civil inheritance law is regulated by the Civil Code (KUHPer). These two systems have differences principles, distribution mechanisms, and dispute resolution. These differences are often a source of problems in practice, especially for people between the two legal systems. Therefore, the purpose of this study is to compare Indonesian civil and Islamic inheritance laws in order to give a more thorough understanding of their traits, parallels, and divergences. The study employs a comparative legal perspective and a normative legal research methodology. The legal provisions found in both Islamic and civil law's inheritance-related laws and regulations are examined using the normative legal approach. To find the distinctions and parallels between the two legal systems, a comparative legal technique is also employed. This study's data sources include secondary legal documents like books and pertinent periodicals, as well as main legal materials like the Indonesian Compilation of Laws, the Civil Code, and other laws. It is anticipated that this study will aid in the development of Indonesian inheritance law, particularly by offering suggestions for initiatives to unify civil and Islamic inheritance laws in order to establish legal clarity and fairness in the distribution of inheritance in society
Reconstruction of Legal Protection for Victims Against Secondary Victimization in the Examination Stage of Criminal Trials in Indonesia Ida Apriyani; Subianta Mandala
Jurnal Sosial Teknologi Vol. 6 No. 7 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i7.32866

Abstract

This study aims to analyze the weaknesses of the Indonesian legal system in protecting victims from secondary victimization during criminal trials and to formulate a legal reconstruction model oriented towards protecting the dignity of victims. Secondary victimization is the repeated suffering experienced by victims due to interactions with the criminal justice process, such as the repetition of traumatic stories, cornering questions, and insensitive treatment by officers towards the victim's psychological condition. The research method used was normative juridical with a legislative and conceptual approach, through an analysis of the Criminal Procedure Code, Law Number 31 of 2014 concerning Protection of Witnesses and Victims, and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. The results of the study indicate that weaknesses in victim protection occur in three main aspects: the legal substance that does not regulate operational standards for victim examination, the legal structure that is not supported by the victimology competence of law enforcement officers, and a legal culture that is still influenced by victim blaming and social stigma. The proposed legal reconstruction is implemented through the integration of a victim-centered justice approach into criminal procedural law, through the establishment of victim-friendly examination norms, the development of national procedural standards, the strengthening of the capacity of law enforcement officers through victimology certification, the optimization of the role of the Witness and Victim Protection Agency, and the reform of the legal culture of the judiciary.
Co-Authors Amrullah Darwati Darwati Ida Apriyani KMS Herman La Ode Muhamad Hiwayad Lili Sekararum Utami Lutfi Effendi