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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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Perlindungan Hukum Terhadap Investor pada Investasi Illegal Secara Online dalam Perspektif Viktimologi Kori Hermawanti; Intan Nuraini Sopiyanti; Hanifah Zakiyatun Nufus; Kuswandi Kuswandi
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 2 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i2.4687

Abstract

In general, Indonesians are still fairly unfamiliar with online investment, including online investment platforms and current rapid technological developments. This is the capital for perpetrators of illegal investment fraud online to commit their crimes. Often the illegal investment crime ends up being a case of fraud, even the victim's funds are difficult to return. This research is intended to find out about the statutory policies in handling criminal cases of illegal investment fraud online, and steps in suppressing cases of illegal investment fraud so as to create legal protection for investors. The method used in this study is normative juridical by combining various literature related to illegal online investment in Indonesia. Research shows that the legal protection of investors in illegal online investments has met the formulation contained in Articles 1 and 2 of the ITE Law. However, not all provisions stipulated in the ITE Law are related to online investment fraud. Only one clause in article 28 paragraph (1) contains acts as stipulated in article 378 of the Criminal Code on fraud. Although the elements in Article 378 of the Criminal Code are fully fulfilled, there is an element of online fraud. Until now, electronic media has not been known in the Criminal Code and the Criminal Code
Mengembalikan Ide Dasar Keseimbangan Tujuan Pemidanaan: Koreksi atas Wacana Penerapan Restorative Justice Terhadap Tindak Pidana Korupsi Fina Rosalina
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 2 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i2.4717

Abstract

Corruption has a systemic impact, giving birth to a paradigm of case settlement using the Comprehensive Extra Ordinary Measures method which is repressive. However, in its development, the mechanism is considered ineffective to apply. Restorative justice was born as a substitute discourse for repressive mechanisms. However, in the development of the concept of restorative justice, it is described as the abolition of sanctions for perpetrators of criminal acts of corruption by prioritizing the return of state financial losses. The normative juridical method is the method chosen to answer the formulation of the problem in the form of whether the discourse on the application of restorative justice for eradicating corruption has been in accordance with the basic idea of ​​​​balancing the goals of punishment in Indonesia. The results of the study found that, theoretically, the application of restorative justice has been in accordance with the direction of the goal of punishment which is monodualistic in nature (daad en dader straftrecht). The concept of restorative justice does not abolish the imposition of sanctions for perpetrators of corruption, either in the form of criminal or non-criminal sanctions. Theoretically, the imposition of sanctions is an effort to consider the balance between the interests of the community and the interests of individuals (daad en dader straftrecht).
Perbandingan Sistem Hukum Pidana Indonesia dengan Belanda Ditinjau Berdasarkan Karakteristik Romano-Germanic Legal Family Dika Wicaksono
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 2 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i2.5360

Abstract

In its development, the recognized legal families to date are the Romano-Germanic legal family, the common law family and the family of socialist law. Based on the three legal families, which legal family belongs to the Indonesian criminal law system. The purpose of this research is to find out which legal family belongs to the Indonesian criminal law system. The type of research used is normative juridical law research conducted using legal materials that focus on positive legal norms, consisting of secondary data as primary data and primary data as supporting data. The results of the studies that have been carried out show that the Indonesian criminal law system belongs to the Romano-Germanic legal family. This can be seen from the existence of identical characteristics, namely the use of statutory regulations as the main source of law in the form of a book and there is a codification system. Furthermore, based on a comparison with the Dutch criminal law system, several similarities were found, namely that the two countries base their criminal law on law.
Perlindungan Hukum Pembajakan Film Digital: (Studi Perbandingan Hukum Indonesia, Malaysia, dan Korea Selatan) Reviansyah Erlianto; Hana Faridah
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 2 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i2.5469

Abstract

Cinematography is one of the copyrighted works that are included in the scope of works that are protected in the Copyright Law, therefore the state needs to protect film works, especially domestic films. In the case of rampant acts of digital film piracy, resulting in moral and economic losses to the creators or filmmakers, of course the need for legal protection by the state for them. The purpose of this study is to understand the existence of the state in copyright protection related to the phenomenon of film piracy, and to compare regulations related to copyright between Indonesia, Malaysia, and South Korea. The author conducts legal comparisons and uses normative legal research methods in the form of secondary data that are combined through a literature study. The results obtained are that the three countries through their respective regulations regulate and protect all forms of creation produced through IPR. And the need for the government's role in educating the public in appreciating copyright and copyrighted works.
Transformasi Layanan Administrasi Kependudukan Indonesia dalam Mewujudkan Konsep Welfare State: (Studi pada Dinas Kependudukan dan Pencatatan Sipil Kota Tangerang Selatan) Hanif Hardianto
Ajudikasi : Jurnal Ilmu Hukum Vol. 6 No. 2 (2022): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v6i2.5671

Abstract

The transformation of public services in the field of population administration began to be felt after the all-internet or online era began to bloom in Indonesia. This causes public service providers to be asked to make changes in the concept of serving the community by following the changing times. The research method used is qualitative research or sociological juridical. The primary data source is interviews with the South Tangerang City Population and Civil Registry Service, while the secondary data source is various legal book materials and statutory regulations. The results of the research can be found that the transformation of Indonesian population administration services has begun to lead to realizing the concept of "welfarestate" for the community, with the change in population administration services that previously used offline or the community was required to be physically present to take care of population administration, now with the all-internet era the organizers population administration implements services with an online system in order to reach the public so that services are more effective, efficient and excellent. The originality of this research is that people in today's era who are completely connected to the internet have resulted in the implementation of public services also having to follow it. The positive side of public services by being connected to the internet can make it easier for people to access population administration matters without coming physically in person. However, public services cannot fully use online services, population administration public services also require offline services in order to fulfill services for people who do not understand technology.
Tanggungjawab Pejabat Pembuat Akta Tanah atas Pembatalan Akta Hibah: Studi Putusan Nomor : 3750/Pdt.G/2021/PA.JS Melvina; Gunadi, Ariawan
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6360

Abstract

The land deed registrar has the authority to make authentic acts concerning certain legal acts or rights to land as regulated in Government Regulations Number 24 of 2016 on the regulations of the land deed department. The one where there is a fact on the ground that many incidents of cancellation of grants are assessed to not give a sense of justice for the parties, because of the lack of responsibility of the land deed registrar both in terms of form and material as the official authority to make grants rights on the land. The purpose of this research is to know and analyze the responsibility of the land registry officer for the cancellation of the grant act and to know the legal force of the subsidy act made by the land registry officer. This study uses a type of normative legal research. The results of the research showed that the grant acts made by the authorized land registrar officials are expected to qualify for the grant, and in terms of form and material, when there are errors committed by the land registrar officer, then the land registrar officer can be charged with administrative, civil, and criminal liability.
Analisis Yuridis Ketentuan Hukum yang Hidup dalam Masyarakat pada Kitab Undang-Undang Hukum Pidana Indonesia Irawan, Ade; Pura, Margo Hadi
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6453

Abstract

The research on "Juridical Analysis of Provisions Regarding Living Laws in the Community in the National Criminal Code" is motivated by the emergence of the issue of including provisions regarding living law in the National Criminal Code. This study aims to explore the position of customary law in Indonesian positive law and to analyze in depth the existing legal arrangements in the Criminal Code. This study uses a normative-conceptual legal research method, focusing on laws and norms that apply in society and collecting data through library research. After conducting research, the results show that the recognition of customary law community units has been contained in the 1945 Constitution of the Republic of Indonesia, which at the same time recognizes applicable customary law, but the Criminal Code, which was adopted from the Netherlands, has not contained rules regarding customary law; only the National Criminal Code contains provisions regarding living law as an extension of the principle of legality, accompanied by sanctions, and the method of application, which, in the dynamics of society, still raises pros and cons. For this reason, the state must also provide the best legal certainty regarding this matter, including being willing to accept all forms of aspirations from the community and being willing to review the National Criminal Code if there is a request for review at the Constitutional Court.
Implementasi Undang-Undang Pornografi dan Undang-Undang Transaksi dan Informasi Elektronik terhadap Konten Bermuatan Ketelanjangan sebagai Kebebasan Berekspresi di Media Sosial Fauzi, Mhd. Abyan
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6480

Abstract

In the context of people's rights, posting nudity-containing content on social media is frequently linked to freedom of expression. Instead, Indonesia upholds moral principles, ethics, decency, and noble conduct at all times to preserve human dignity. This study looks at how electronic information and transaction regulations, as well as laws against pornography, are being applied to social media content that contains nudity. By adopting a normative and sociological legal approach to a variety of literary works as well as laws and regulations, this study uses the library research method. The findings of this study demonstrate that posting nudity-containing material on social media is, in theory, a banned act under the law. However, the lack of specific guidelines for nudity standards and penalties has consequences for many uploads of nudity-containing content on social media, which is readily accessible by anyone, anywhere, at any time. In order to create a helpful environment free of pornography, this study urges the public authority to create regulations controlling and managing the use of the internet and social media.
Politik Hukum Pembentukan Peraturan Perundang-Undangan Pasca Perubahan Kedua Undang-Undang Nomor 12 Tahun 2011 Febriani, Nadia Ayu; Wasti, Ryan Muthiara
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6483

Abstract

Article 22A of the 1945 Constitution of the Republic of Indonesia mandates the establishment of a rule regarding the law-making process, which serves as a guideline for the law-making process from its inception until the regulation is enacted to the public. However, in its implementation, problems are still related to the law-making process in Indonesia. This normative research uses a statutory and conceptual approach that specifically looks at "over regulated" or "legal obesity” to analyze the legal politics of the formation of laws and regulations after the second amendment of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. In this context, there is an overlap between one law and another, which creates sectoral egos and results in legal uncertainty in its application. One of the causes of this legal obesity is the lack of regularity in the law-making process. In this case, legislators do not always refer to the guidelines for the law-making process and the principles for forming statutory regulations as stipulated in the law-making process regulation. In addition, the law still needs to be optimal in fulfilling meaningful participation. Therefore, the author will analyze the politics of law of the amendments of law-making process regulation after the Constitutional Court Decision Number 91/PUU-XVIII/2020, which includes accommodating the omnibus method and the concept of meaningful community participation as a solution for overlapping legislation in Indonesia.
Omnibus Law dalam Konstitusi Indonesia: Studi Perbandingan Indonesia, Amerika Serikat, dan Filipina Rachim, Kania Venisa; Sagala, Christo Sumurung Tua; Mulyono, Eddy
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6485

Abstract

The Omnibus Law is often discussed and debated, especially in its implementation in Indonesia. Omnibus Law is considered as a solution to make legislation more efficient, Omnibus Law is something new in the formation of legislation in Indonesia. Previously, the Omnibus Law was often used in the common law legal system, and several civil law countries have also implemented the Omnibus Law. In this study, the authors examine the United States and the Philippines. The concept of the Omnibus Law is not only used for one type of law but has penetrated into other sectoral laws. In the Philippines, since 2003 the Omnibus Law has been enacted as a method for forming legislation. It is different from the United States, which has implemented the Omnibus Law since 1850. This research refers to a comparison of the Omnibus Law in the Philippines because the Philippines is a country in the Southeast Asia region just like Indonesia and adheres to a legal system that combines common law and civil law which does not very different from Indonesia, further comparison with the United States Omnibus Law, because the United States is also one of the countries that is the mecca of world law. This study uses normative legal research, using secondary data which is processed using qualitative techniques. This study uses a comparison of two countries which makes this research different from other research related to the Omnibus Law, with the aim of examining the position of the Omnibus Law in Indonesia and making comparisons with the United States and the Philippines.

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