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INDONESIA
Jurnal Ilmiah Penegakan Hukum
Published by Universitas Medan Area
ISSN : 2355987X     EISSN : 2622061X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law
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Articles 312 Documents
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Perlindungan Hukum Hak Para Anak Terduga Pelaku Tindak Pidana Pencabulan dan/atau Persetubuhan Dalam Proses Penyidikan: - Naldo, Rony Andre Christian; Pasaribu, Muldri Pudamo James; Hutasoit, Arianto Suhardhiman
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.13358

Abstract

This research aims to examine the rights of children suspected of committing crimes of sexual abuse and/or sexual intercourse. Children's rights are part of human rights, which must be guaranteed, protected and fulfilled. In the event that the investigation process is carried out, the Police as a part of the Government agency, are obliged to guarantee, protect and fulfill the various rights of these children, as stipulated in Article 3 of Law Number 11 of 2012. The problem is focused on the implementation of legal protection of the rights of children. children suspected of committing criminal acts of sexual immorality and/or sexual intercourse in the process of being investigated by the Police. In order to approach this problem, a theoretical reference from Satjipto Rahardjo is used. Data was collected through primary legal materials, secondary legal materials and tertiary legal materials, and analyzed qualitatively. This study concludes that the legal protection of the rights of children suspected of committing crimes of sexual abuse and/or sexual intercourse during the investigation process at the Police has not been fully implemented. This is because there is no infrastructure in the form of a special detention room for children suspected of committing criminal acts.
Optimalisasi Regulasi Transformasi Digital Perbankan dengan Implementasi Berbasis Environmental Social Governance Sebagai Bentuk Transisi Menuju Green Banking Latisha, Najwa; Dirkhareshza, Rianda
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.13700

Abstract

This article aims to examine the optimization of banking digital transformation regulations in regulating digital bank risk management practices to support the transition to green banking with ESG (Environmental, Social, and Governance)-based implementation. The problem is focused on the analysis of banking digital transformation regulations. In order to approach this problem, legal theories are used as references with a normative juridical approach. The data collected through literature studies with a legislative, comparative, and conceptual approach, and analyzed qualitatively. This study concludes that in order for the green banking transition to be comprehensive, ESG-based implementation is needed, but ESG has not been regulated in a law in Indonesia. This research is important because the absence of ESG-related rules will create legal uncertainty. This can be overcome by integrating ESG-related rules in the rules of good governance principles through a law. Therefore, with the regulation of ESG-based implementation integrated in the application of good governance principles in a law, banking digital transformation regulations can be optimal in their implementation to regulate ESG-based implementation that creates legal certainty for digital banks so that the transition to green banking can be comprehensive.  
Alat Bukti Mata Uang Elektronik Pada Proses Penyidikan Dalam Rangka Pembaharuan Hukum Terhadap Tindak Pidana Pencucian Uang Budiman, Arief; Rusmiati, Elis; Rukmini, Mien
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i1.8950

Abstract

This study aims to examine the legality and function of electronic currency evidence in Money Laundering Crimes. Existing laws that regulate electronic evidence also do not provide a clear understanding of whether this electronic currency evidence is evidence that can stand alone or is included in electronic evidence that has been previously regulated. The problem is focused on Electronic Currency Evidence which is a new form of evidence whose existence has not been explicitly and clearly regulated in the Criminal Procedure Code, ITE and the Money Laundering Crime Law. In order to approach this problem, a theoretical reference is used from the Legal Certainty Theory. The research method used in this study is normative juridical. Data were collected through literature and field studies, and data collection tools were document studies and interviews and analyzed descriptively qualitatively. The results of the study show that the existence of Electronic Currency has not been explicitly recognized in laws and regulations, although electronic evidence has been recognized in various regulations in Indonesia.
Penerapan Restorative Justice dalam Penegakan Hukum Kasus Investasi Ilegal di Indonesia: Implementation of Restorative Justice in Law Enforcement of Illegal Investment Cases in Indonesia Syahruddin, Nurul Insi; Topo Santoso; Desi Fitriyani; Winda Sari
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i1.10490

Abstract

When discussing illegal investment cases, of course some investors are victims. This paper is motivated by the pros and cons related to the application of the concept of restorative justice in law enforcement of illegal investment cases in Indonesia. This paper will examine the arrangements and efforts of law enforcement officials and the application of restorative justice in law enforcement of illegal investment cases in Indonesia. The method used is normative legal research. Regulations relating to illegal investment are regulated in Law Number 10 of 1998, Law Number 25 of 2007, and Decree of OJK Board of Commissioners Number KEP-72/D.04/2021. The authorised institution in the financial sector, in this case OJK through SWI, does not have the authority to follow up on illegal investment cases apart from blocking the site/website/application so that it only submits information reports to the Police Criminal Investigation Unit. In preventing and prosecuting rounds of companies that invest illegally, OJK has a preventive and repressive role regulated in the OJK Law. Meanwhile, restorative justice can be applied in the prosecution of illegal investment cases in Indonesia, taking into account the applicable legal instruments, objectives, and related constraints. However, its application requires the consent of the victim. The application of restorative justice in the prosecution of illegal investment cases requires optimal efforts in tracing the perpetrators, both the main perpetrators and other actors involved, through coordination between the Investment Alert Task Force and the National Cyber Agency to prevent other parties from reopening illegal investment offers. If the case proceeds to the court or prosecution stage, restitution can be made by involving the Witness and Victim Protection Agency.
Pelaksanaan Pembinaan Kelompok Sadar Wisata Pada Dinas Pariwisata Kabupaten Pasuruan (Studi di Tiga (3) Desa Wisata): Implementation Of Tourism Aware Group Development at The Pasuruan District Tourism Office (Study At Three (3) Tourism Villages) Zuliatin, Mafadhotul; Parmono, Budi; Hidayati, Rahmatul
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the implementation of capacity-building programs for Tourism Awareness Groups (Pokdarwis) in Pasuruan Regency, with a case study focusing on three tourism villages: Cendono, Wonokitri, and Gerbo. It also seeks to identify the challenges encountered during the development process and to formulate alternative strategies to address these obstacles. The research employs a juridical-empirical approach, integrating both legislative analysis and a sociological perspective. The findings indicate that the Department of Tourism of Pasuruan Regency conducted 12 types of training programs for Pokdarwis members between January 2022 and August 2023, in accordance with Article 30 of Law No. 10 of 2009 on Tourism. The main obstacles identified include the low level of member participation in training activities, mismatched budget allocations relative to the actual needs of the Pokdarwis, and the absence of post-training follow-up programs. To overcome these challenges, the Tourism Office implemented direct educational outreach to Pokdarwis members and reallocated additional funding through the mechanism of Regional House of Representatives’ (DPRD) Special Budget Proposals (Pokok-Pokok Pikiran or Pokir).
Kepastian Hukum Implementasi Denda Damai Untuk Perkara Tindak Pidana Korupsi: Legal Certainty in the Implementation of Peaceful Fines for Corruption Crime Cases Sianturi, Ronal Hasudungan; Tanjung, Ahmad Feri; Christian Naldo, Rony Andre
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i1.14093

Abstract

This article aims to examine the legal certainty of the implementation of a peace fine against the alleged perpetrators of corruption. Peaceful fines are regulated in Law Number 20 of 2001 Concerning Amendments to Law Number 31 of 1999 Concerning Eradication of Corruption Crimes, namely in Article 35 paragraph (1) letter k. The executive had discussed the implementation of a peaceful fine against the alleged perpetrators of corruption. The discourse of implementation has caused controversy in Indonesia, so that in the end the discourse was canceled. The problem is focused on the executive discourse to implement a peaceful fine against the alleged perpetrators of corruption. The theory used in analyzing the problem approach is the theory of legal certainty put forward by C.S.T. Kansil. According to C.S.T. Kansil, normative legal certainty is when a regulation is made and promulgated with a clear and logical manner. Data are collected through primary legal materials, secondary legal materials, as well as tertiary legal materials, and are analyzed qualitatively. This study concluded that the implementation of peaceful fines against alleged perpetrators of corruption is inappropriate, contrary to Law Number 20 of 2001 Concerning Amendments to Law Number 31 of 1999 Concerning Eradication of Corruption and Law Number 11 Year 2021 Concerning the Prosecutor's Office of the Republic of Indonesia, as well as causing legal uncertainty in law enforcement.
Penyelesaian Sengketa Adat Melalui Kerta Desa Pada Masyarakat Desa Adat Di Bali Berdasarkan Asas Perdamaian ., Karwiyah; Sonny Dewi Judiasih; Hazar Kusmayanti
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i1.14292

Abstract

This study aims to examine the role of customary villages in Bali in resolving customary disputes through kerta dea based on the principle of peace. The problem is focused on exploring the implementation based on the practice of village clerks in resolving disputes or customary violations that cause imbalances, so as to bring the reality that there are other dispute resolution systems in addition to formal courts. In order to approach this problem, it is necessary to study using the customary delicacies approach and dispute resolution. The data were collected through a normative juridical approach method, the research specification is descriptive analytical by describing the settlement of customary disputes through kerta desa in Balinese traditional villages based on the principle of peace associated with related regulations, legal theories, and customs. This study concludes that villages in Bali are differentiated from traditional villages and official villages. Village authorities, including customary villages, can carry out the function of dispute resolution as affirmed in the provisions of Article 103 letters (d), (e), and (f) of the Village Law. Kerta desa as the implementation of customary village authority can help as a prajuru partner institution or customary village management carry out the function of resolving customary disputes. Dispute resolution through village clerks is carried out with provisions and stages regulated in the type of pararem of Tata Titi Panepas Wicara and prioritizes peace in accordance with the principle of druwenang sareng-sareng, in Article 37 paragraph (2) of the Customary Village Regulation in Bali.
Doktrin Kelalaian Kontribusi (Contributory Negligence) Terhadap Tanggung Jawab Bank Atas Kerugian Nasabah Akibat Kesalahan Atau Kelalaian Pegawai Bank Sadzili, Iza; Lastuti Abubakar
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i1.14338

Abstract

This study aims to examine in depth the application of the doctrine of contributory negligence in the context of bank legal liability for losses experienced by customers due to errors or negligence committed by bank employees. The issues raised focus on the extent to which banks can be exempted from legal liability by postulating the existence of contributory negligence from the customer, as well as the relevance of the application of this doctrine in the current legal system and banking practices in Indonesia. This study uses a normative legal approach with a literature study method and analysis of laws and regulations, especially referring to the provisions of Article 10 of the Financial Services Authority Regulation Number 22 of 2023 concerning Consumer and Community Protection in the Financial Services Sector. The results of the study show that in practice, banks as financial service business actors must still be responsible for customer losses arising from the negligence of their employees, regardless of whether or not there is a contribution of error from the customer. In addition, the doctrine of contributory negligence which is "all or nothing" is considered no longer relevant to be applied in a modern accountability system that emphasizes the principles of justice and consumer protection. Therefore, a review of the provisions that adopt the principle of contributory negligence in Indonesian banking regulations is urgent.
Analisis Yuridis Akta Kesepakatan Dalam Transplantasi Ginjal Antara Calon Donor Dan Resipien (Tinjauan Dari Perspektif Hukum Indonesia): Legal Analysis Of The Deed Of Agreement In Kidney Transplantation Between Prospective Donor And Recipient (Review From Indonesian Legal Perspective) Sofiana; Jamiatur Robekha; Yasarman
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i1.14717

Abstract

This study aims to analyze organ transplantation, especially the transfer of organs from living donors to recipients, which is one of the main therapies for patients with chronic kidney failure which aims to restore the patient's quality of life. In Indonesia, the implementation of organ transplantation still relies on living donors and has been regulated in laws and regulations that include provisions regarding the implementing hospital, the implementing medical team, and the advocacy team. The advocacy team plays a role in ensuring that the transplantation process runs without elements of commercialization and exploitation, and guarantees the fulfillment of the rights and obligations of prospective donors and their families. The legal problems that arise are how the legality and strength of the evidentiary deed of agreement between the donor and recipient as written evidence, and how it is protected in preventing illegal practices such as organ trafficking. This study uses a normative juridical method with a statutory regulatory approach and legal document studies, and is analyzed qualitatively. The results of the study indicate that the deed of agreement has a strategic position as valid legal evidence, as well as an instrument of ethical and legal protection for all parties involved in the transplant procedure. Therefore, a properly drafted deed of agreement not only fulfills the formal legal aspects, but also plays an important role in maintaining the integrity of the organ transplantation process in Indonesia.
Implementasi Sengketa Objek Tanah Bersadarkan Pasal 153 jo SEMA Nomor 7 Tahun 2001 Tentang Pemeriksaan Setempat (Studi Putusan Nomor 4/Pdt.G/2021/PN.Mjl): Implementation of Land Object Disputes Based on Article 153 in conjunction with SEMA Number 7 of 2001 Concerning On-Site Inspections (Study of Decision Number 4/Pdt.G/2021/PN.Mjl) Nuraeni, Yeni; Rani Dewi Kurniawati; Zuraidah
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i1.14772

Abstract

Local or on-site investigation is a function determined by law for a judge or panel of judges, which increases the judge's confidence in the clarity of the main case on earth before making a decision. local verification is usually carried out by going directly to the field to prove that the plaintiff is correct in filing his claim. the study aims to determine the implementation of local control in the case of PN decision Number 4/Pdt.G/2021/PN.Mjl, to determine and analyze efforts and obstacles in implementing local control. the research method used is normative-empirical. a library field study is research conducted directly with research subjects through books or literature and direct interviews. the conclusion of the local examination was carried out by the jury, deputy clerk, and related parties. according to the circular of the supreme court of the republic of indonesia, local examinations can be carried out on items that are portable but difficult to bring into the courtroom. Number 7 of 2001. considering this, it can be concluded that local investigations are carried out according to procedural law and based on the principle of rapid decision-making, namely the principle of simple and inexpensive testing, which aims to make decisions.

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