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INDONESIA
Ajudikasi : Jurnal Ilmu Hukum
Published by Universitas Serang Raya
ISSN : 26139995     EISSN : 26140179     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Adjudication: Journal of Law for contains a research results and studies in various fields of legal science. Journal adjudication is published 2 (two) times a year in June and December. Journal adjudication has been registered at the Scientific Documentation and Information Center (Pusat Dokumentasi dan Informasi Ilmiah - PDII) of the Indonesian Institute of Sciences (Lembaga Ilmu Pengetahuan Indonesia - LIPI) with ISSN Number 2613-9995 (print) and 2614-0179 (online). The manuscript published in the journal of adjudication will be published by Faculty of Law of Universitas Serang Raya, both printed and online through the Open Journal System (OJS) at http://e-jurnal.lppmunsera.org
Arjuna Subject : -
Articles 129 Documents
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The Effect of Restorative Justice for Drug Users on The Overcapacity of Correctional Facility in Solo City Diaz Ratna Iswara; Nugroho, Taufiq
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i1.8399

Abstract

The problem of drug abuse has become a major challenge in many countries, causing the number of prisoners addicted to narcotics to increase and causing overcrowding in prisons. This article discusses the influence of restorative justice as an innovative solution in dealing with drug users and overcrowding in correctional facility. Restorative justice replaces the traditional punishment-focused approach with one that is oriented towards rehabilitation, reconciliation, and the active participation of drug users in the rehabilitation process. In addition, restorative justice can help reduce overcrowding in prisons by reassessing the detention approach to drug users. Alternatives such as community-based rehabilitation programs and electronic monitoring could be implemented to alleviate pressure on the overcrowded prison system. By combining restorative justice and prison reform, governments can create more sustainable and humane solutions to the complex challenges of drug addiction.
A Review of Criminal Law on The Phenomenon of Teenage Illegal Sprint Racing during Ramadan Isnawan, Fuadi
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i1.8520

Abstract

Illegal sprint racing is a prominent type of adolescent delinquency in Indonesia, especially during Ramadan. This occurrence not only undermines public order but also violates various applicable laws. This study employs a normative legal approach, with a focus on legal principles, to identify positive legal doctrines relevant to the phenomenon of illegal sprint racing. A case study approach is used to investigate various aspects of the phenomenon using primary legal texts such as the Law on Roads, the Law on Road Traffic and Transport, and the Law on Policing. The investigation found that illicit sprint racing without appropriate license is a severe violation of the law. The findings demonstrate the critical role that law enforcement plays in preserving community welfare, security, and order in locations that are frequently the scene of illicit sprint racing. Repressive law enforcement, more frequent patrols, and raising community understanding of the law are all effective ways to address this issue. The goal of socializing legal awareness is to increase community knowledge of relevant laws and regulations, and routine patrols are carried out to stop and identify illegal activity before it gets a chance to start. Repressive law enforcement makes it clear to offenders that their actions will not be accepted.
The Responsibilities of Business Actors and The Legal Implications of Minors Purchasing Online Mobile Game Credits Indradewi, Astrid Athina; Siswanto, Carissa Amanda; Haryono, Leonardo Caesar
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i1.8523

Abstract

Children’s interactions and lifestyles worldwide have greatly benefited from the expansion of the internet gaming sector. However, the practice of minors purchasing and reselling online game certificates has prompted concerns about the accountability of corporate operators and potential legal repercussions. In the context of minors purchasing online game vouchers, this study investigates the responsibilities of commercial actors and the legal implications. This research methodology uses a normative legal approach to gather data from the literature, relevant judicial judgments, statutes, and regulations. This analysis aims to comprehend corporate actors' accountability, legal ramifications, and parents' function in this type of transaction. The findings demonstrated that business actors who offer online game vouchers have a duty to uphold the legitimacy of transactions. Businesses have a responsibility to make sure that such transactions adhere to ethical and legal standards, even though many laws forbid minors from engaging in transactions without their parent's permission. The legal ramifications of minors purchasing and selling online game vouchers may include possible violations of consumer rights, the protection of personal data, and provisions of contracts that may be void owing to age restrictions. Monitoring and limiting their children's access to these kinds of transactions is a crucial responsibility for parents. Collaboration between commercial actors, the government, and parents is required to maintain the integrity and protection of children in online game voucher purchasing and selling operations.
Urgensi Pelaporan Gratifikasi dan Konsekuensi Hukum bagi Penyelenggara Negara Mahmud, Ade
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i1.8738

Abstract

The practice of gratification is for the Indonesian people a natural and natural tradition, but if the gift has a power relationship related to the duties and positions of the recipient, the meaning of the gift is no longer considered normal and leads to corrupt behavior. This writing aims to determine the criteria for gratification offenses that are considered bribes and determine the implications of gratification reporting. This research using normatif approach by identification regulation of gratification, technic collection data using library research by qualitative analysis. Gratification is considered corruption if it is given in connection with the recipient's duties and authority as a state administrator and is not reported to the Corruption Eradication Commission. The legal consequences of reporting gratuities for civil servants are that they are free from criminal threats, free from conflicts of interest, reflect high integrity, and are a means of self-evaluation.
Legal Protection for Micro, Small, and Medium Enterprises in the Perspective of Job Creation Act Susetyo Rohadi; Iryani, Dewi; Setiawan, Puguh Aji Hari
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i1.8810

Abstract

The Job Creation Law, or often referred to as the Omnibus Law, has become a hot topic of debate in the community. On one hand, there are those who support this law on the grounds that it can accelerate economic growth and create new jobs. History shows that MSMEs have tremendous resilience in the face of economic crises. When the economic crisis hit in 1998 and 2008, MSMEs were relatively able to survive compared to large companies. Despite their great potential, MSMEs in Indonesia face various challenges. One of the main challenges is limited access to financing. Many MSMEs struggle to obtain sufficient working capital to expand their businesses. In addition, the low level of education and skills of the workforce is also an obstacle in improving the productivity and competitiveness of MSMEs. The research process using literature studies began with a descriptive qualitative research type. Legal protection for MSMEs is currently better regulated through the Job Creation Law and Government Regulation Number 7 of 2021. Both regulations pay special attention to financing and legal assistance for MSMEs, including legal counseling, legal consultation, mediation, and out-of-court assistance
Applying the Principle of Strict Liability in Environmental Protection: Ministry of Environment and Forestry of the Republic of Indonesia (KLHK RI) against PT Waimusi Agroindah Wijaya, Ryan Hendrich Dharma
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i1.8884

Abstract

Forest and land fires are an unavoidable chore for Indonesia every year. Law enforcement continues to be pursued to hold the perpetrators responsible for the losses arising from the fires. This research analyses the validity of PT WMA's corporate position as a legal subject to be liable using the principle of strict liability for fires that occur in Indonesia. It also analyses the application of collateral confiscation in providing certainty over liability in accordance with the applicable verdict. This research is normative juridical in nature by analysing Decision Number 234/Pdt.G/LH.2016/PN.Plg by using several approaches, namely juridical approach, statutory approach and conceptual approach. Based on the results of the research, it is concluded that PT WMA is legally a legal subject that is absolutely responsible for the fires that occurred in its work area and the application of collateral confiscation can be carried out if this is confirmed in environmental legislation, especially to regulate the asset verification mechanism.
Land Acquisition for Infrastructure Development with the Mechanism of Government Cooperation with Business Entities (KPBU): Case Study of Lhok Guci KPBU Project Kurdi; Syafitri, Cut Zulfahnur
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i1.8928

Abstract

This research discusses land acquisition for infrastructure development through the mechanism of Government Cooperation with Business Entities (PPP) with a case study of the Lhok Guci PPP project. Land acquisition is a crucial stage in PPP that often faces various legal, social, and economic challenges. This research uses a normative juridical method to analyze relevant regulations and a conceptual approach to understand key concepts. The stages of land acquisition studied include planning, location determination, implementation, compensation, release of rights, granting land rights, and supervision. The Lhok Guci case study shows the importance of transparency and coordination between relevant parties for the success of PPP projects. The results of the study are expected to improve the efficiency of the land acquisition process in future infrastructure projects.
Analysis of Revitalization Practices for Division of Heritage and Implications in Muslim Society Fakhrun Khair
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i1.8972

Abstract

This can raise a variety of practical problems, especially in terms of the fulfillment of the daily needs of heirs who may be controlled by the long-standing process of inheritance division that the Investigator will investigate the practice of rejuvenation of the division of the Muslim community, and how the implications of this research use normative law research, with the pointing of the law as the building of the norm system, thus the data used is secondary data referring to a set of data, including qualitatively analyzed library studies and documentation, the use of the will to regulate the partition of the heritage into an emerging trend, the implementation of accelerated partition practices in Muslim communities has a significant positive impact, the distribution of the legacy fairly and quickly, minimizing potential conflicts and conflicts in the family, strengthening social bonds and family bonds in the entire Muslim community. There are still obstacles and challenges to be overcome in implementing these practices widely and collaborative efforts are needed to address these issues so that accelerating the division of heritage can become a sustainable norm within the Muslim community.
POTENTIAL OF LOCAL ORIGINAL INCOME IN THE CONTEXT IMPLEMENTING REGIONAL AUTONOMY IN SERANG CITY Lia Riesta Dewi; Azmi Polem; Eki Furqon
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.9113

Abstract

Serang City has the authority to explore its revenue potential in various sectors to increase the Regional Original Income (PAD) in Serang City. PAD is a revenue receipt that exists in each region and is taken based on the statutory policies that have been set by the regional government, especially on regional taxes and regional levies. The fundamental change regarding sports venue levies between Law Number 1 of 2022 and Law Number 28 of 2009 lies in the scope of sports venues that can be subject to levies. Article 136 of Law Number 28 of 2009 states that only sports venues provided, owned, and/or managed by the regional government can be subject to levies. Article 88 of Law Number 1 of 2022 does not offer such limitations. This article aims to find out what the potential regional income is from the sports sector, especially in Serang City and what are the obstacles and barriers for the Serang City regional apparatus to obtain regional original income in the sports sector, using empirical legal research methods. The potential for local revenue owned by Serang City is one of them in the sports sector, in which the Serang City government has not been able to receive PAD. The obstacle that is of concern is the lack of entry of the new legal basis that is currently ratified by the central government regarding Sports as stated in Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, and Law Number 11 of 2022 concerning Sports into regional regulations, especially legal products belonging to the Serang City Regional Government
SDG'S IN FAMILY LAW: THE EFFECT OF GENDER INEQUALITY ON THE QUALITY OF CHILDREN'S EDUCATION IN THE FAMILY Turnip, Luisa Oktaviana; Judiasih, Sonny Dewi; Yuanitasari, Deviana
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.9371

Abstract

Men and women based on the influence of social culture of society (social construction) by not looking at biological types in equality. Gender differences, which in turn give birth to gender roles, are actually not a crucial problem, as long as they do not cause gender inequalities. However, the reality in society shows that gender differences have created various forms of inequality or injustice, both for men and especially for women. Equal and fair gender relations between parents related to child care and education in the family affect the quality of children's education. So far, the role of women (mothers) in assisting children's education is more than men. School selection and other education are often delegated to women. Family law can also influence the educational priorities of girls and boys. Some cultural norms may direct boys to get a better education than girls, which ultimately impacts on their future employment opportunities and quality of life. In addition, family law also plays a role in determining employment opportunities for women. In Indonesia, there are significant differences in employment opportunities between men and women. Traditional norms and practices still restrict women from engaging in formal employment, especially after marriage or having children. This is closely related to family law provisions that assign women traditional roles as mothers and housekeepers. This research is an empirical-normative legal research. The results of this research state that: First, that in a society with a patrilineal kinship system in a neighborhood in Medan there is still a low level of understanding and implementation of gender equality. Second, the gender inequality that still occurs especially in patrilineal societies affects the quality of education that is unequal between genders and worsens the quality of education and labor in Indonesia. In Indonesia, there are significant differences in employment opportunities between men and women. Traditional norms and practices still restrict women from engaging in formal employment, especially after marriage or having children. This is closely related to family law provisions that assign women traditional roles as mothers and housekeepers..

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