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Literatus
Published by Neolectura
ISSN : -     EISSN : 26865009     DOI : https://doi.org/10.37010
Core Subject : Humanities, Education, Social,
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences
Literatus adalah jurnal yang diterbitkan oleh Neolectura, diterbitkan dua kali dalam satu tahun. Literatus adalah media publikasi ilmiah dalam bentuk makalah konseptual dan penelitian lapangan yang terkait dengan bidang kajian sosial dan budaya. Diharapkan Literatus dapat menjadi media bagi akademisi dan peneliti untuk menerbitkan karya ilmiah mereka dan menjadi sumber referensi untuk pengembangan ilmu pengetahuan.
Arjuna Subject : Umum - Umum
Articles 347 Documents
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Kajian Yuridis Kebijakan Hukum Pidana dalam Penerapan Asesemen Terpadu bagi Penyalah Guna Narkoba berdasarkan Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika Muslim, Daud; Darwis, Nurlely; Sudarto, Sudarto
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1704

Abstract

Drug crimes pose a serious threat with detrimental effects on the global community, including Indonesia. Drugs are classified as extraordinary crimes that harm physical, mental, social, and economic health. Drug abusers are not criminals who should be imprisoned but individuals who need medical and social rehabilitation, as regulated in Law Number 35 of 2009 on Narcotics. However, the implementation of rehabilitation faces challenges, such as a lack of synchronization among law enforcement agencies and the low number of abusers receiving rehabilitation. This study uses normative juridical research methods with a statute approach, conceptual approach, and case approach. Secondary data were obtained from legal literature and relevant regulations. The results of the study show that the integrated assessment mechanism, involving both medical and legal evaluations, plays a crucial role in determining whether drug abusers are eligible for rehabilitation or imprisonment. However, various obstacles hinder its implementation, such as differing legal interpretations, sectoral egos among institutions, and inconsistencies in placing drug abusers in rehabilitation centers. Moreover, the criminal law policy that prioritizes rehabilitation as a solution requires reform to be more effective in preventing drug-related crimes. The study recommends improving coordination among law enforcement agencies and revising regulations to ensure rehabilitation is prioritized in handling drug abuse cases, aiming to create a more humane and effective justice system.
Peran Amicus Curiae pada Putusan Hakim Terhadap Justice Collaborator dalam Perkara Tindak Pidana Pembunuhan Berencana Tombokan, Nevri Berti; Gultom, Potler; Sudarto, Sudarto
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1709

Abstract

Amicus Curiae is limited to providing opinions, and not taking action. The practice of amicus curiae is actually commonly used in countries that use the Common Law system and not the Civil Law system adopted by Indonesia. However, this does not mean that this practice has never been applied or practiced in Indonesia. In the Indonesian judiciary, amicus curiae has not been clearly regulated, but the legal basis for accepting the concept of amicus curiae in Indonesia is Article 5 Paragraph (1) of Law Number 48 of 2009 concerning Judicial Power. Therefore, it is interesting to examine the role of the amicus curiae in the judge's decision regarding the justice collaborator in the criminal case of premeditated murder. To answer these problems, normative legal research methods (normative juridical) are used with a statutory approach, case approach, conceptual approach and comparative approach, using secondary data obtained from primary, secondary and tertiary legal material sources. In this research, the role of the amicus curiae in the judge's decision on the justice collaborator in the criminal case of premeditated murder as regulated in Article 340 of the Criminal Code. Apart from that, the role of amicus curiae is also regulated in the Constitutional Court Regulations Article 14 Paragraph (4) Number 06/PMK/2005, Article 180 Paragraph (1) KUHAP, Article 183 KUHAP, Article 89 Paragraph (3) Law Number 39 of 1999 concerning Human Rights Humans, Circular Letter of the Supreme Court of the Republic of Indonesia (SEMA) Number 4 of 2011, even though they do not have clear regulations, in their application amicus curiae have never been prohibited by judges.
Implementation Of Counterterrorism In Eradication Of Terrorism Criminal Acts In Indonesian Positive Law Legislation Rahman, Abdul; Huda, Misbahul
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1711

Abstract

Through counterterrorism policies, the government can mobilize various public work sectors which ultimately improve the quality of security and welfare provisions by the state. Improving the handling of terrorism convicts in prison to prevent recidivism, for example, will improve the detention system, immigration system and civil registration. This is of course with an important note that the policy of responding to terrorism is carried out in a coordinated manner. So, not only certain institutions within the country, but all state institutions must have a clear role in responding to terrorism. The formulation of the problem discussed is: How can counterterrorism efforts prevent and overcome terrorism? and How is counter-terrorism implemented in eradicating criminal acts of terrorism into Indonesian positive law legislation? The research method used in this research is normative juridical research with a statutory approach and a conceptual approach. Discussion: The application of counter-terrorism in eradicating criminal acts of terrorism in Indonesia has been integrated into positive legal legislation through Law no. 5 of 2018. This law strengthens the legal framework by expanding the definition of terrorism, tightening supervision, and giving greater authority to security forces, as well as introducing preventive measures such as preventive detention and deradicalization. The role of the National Counter-Terrorism Agency (BNPT) has also been strengthened to coordinate counter-terrorism strategies. The legislative process in Indonesia which follows the civil law tradition requires regulations to be written in writing. Establishment of Law no. 5 of 2018 was also influenced by the phenomenon of acts of terrorism which prompted the acceleration of the revision of Law no. 15 of 2003. Encouragement from society (bottom-up) and responses from political actors accelerated the ratification of this law, even though there were various challenges related to expanding authority and human rights. In dealing with terrorism, Indonesia applies two main approaches, namely the criminal justice model and the war model. The criminal justice model views terrorism as a legal violation that is handled through law enforcement, while the war model views it as an existential threat that requires a military response.
Putusan Mahkamah Konstitusi No.60/Puu-XXII/2024 Lindungi Hak Konstitusional Warga dan Parpol dalam Pemilihan Kepala Daerah Serentak di Daerah Alimsyah, Syamsuddin; Syam, Radian
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1712

Abstract

Since Indonesia's establishment and independence, the process of filling the seats or positions of Regional Heads has changed many times, starting from the Old Order era, the New Order, and the reform period. These changes are actually in accordance with the needs of the times and not motivated by the interests of maintaining power. The decision of the Constitutional Court (MK) Number 60/PUU-XXII/2024 is right for now. At least it saves democracy from the cartel politics being played by the political elites in the country. The Constitutional Court's decision, which changed the threshold to resemble or almost the same as the requirements for individual candidates, opened the faucet for competition to become even more alive. This includes guaranteeing the constitutional rights of non-parliamentary political parties (without seats) to be able to nominate candidates for Regional Heads who were originally unable to as specified in Article 40 of Law 10 of 2016 concerning Pilkada. However, for the sustainability of democracy in the future, the author views that this decision is not optimal or still leaves problems. In the future, the implementation or application of a threshold or minimum requirement of support for the nomination of candidates for Regional Heads and even the President is no longer appropriate. In the future, an open nomination system should be applied, in which all political parties participating in the elections that pass the KPU verification are automatically entitled to propose candidates for Regional Heads. Some countries that adhere to the Presidential system do not recognize the term threshold. America, Brazil, Peru, Mexico, Colombia, and Kyrgyzstan.
Pertanggungjawaban Hukum Pelaku Usaha yang Mendistribusikan Produk Makanan yang Tidak Layak Konsumsi atau Kedaluwarsa Siregar, Johany; Nachrawi, Gunawan
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1713

Abstract

In food products, it is very important to include information about the expiration date to protect consumers from the dangers of poisoning  from  expired  products.  The expiration date must be written on the product packaging or on the packaging box only. Usually, products that include information about the expiration date are products that come from factories or industries that produce in large quantities and have been widely distributed. However, sometimes there are some manufacturers who deliberately do not include the expiration date on their product packaging for profit alone. The act of selling products that are no longer fit for consumption is an act that is detrimental to consumers and violates the Consumer Protection Act with quite severe sanctions for the community or entrepreneurs who trade them. The formulation of the problem discussed is: 1) What are the legal consequences for business actors who deliberately distribute food products that are not fit for consumption or expired? and 2) What is the legal responsibility of business actors who deliberately distribute food products that are not fit for consumption or expired? The research method used is the normative juridical method, namely analyzing the relationship between applicable laws and regulations with legal theories and the practice of implementing positive law concerning the problems discussed. Keywords: legal responsibility, business actors, distribution of food products, expired
Akibat Hukum bagi Pelaku Usaha yang Mencantumkan Klausul Eksonerasi dalam Perjanjian Jual Beli secara Online Irawati, Indah Dwi; Nachrawi, Gunawan
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1716

Abstract

With the rapid development of internet technology, products offered by business actors can now be marketed and distributed quickly and globally through websites. This allows anyone, regardless of location, to directly access these sites and make online transactions. However, in some cases, business actors include terms such as "goods cannot be exchanged or returned" or "No Complain," which fall under what is known as an exoneration clause. The problems formulated for discussion are: 1) How can consumers anticipate and respond to the inclusion of exoneration clauses in online sales and purchase agreements? and 2) What are the legal consequences for business actors who include exoneration clauses in online agreements? The research method used is normative legal research, which analyzes legal problems, facts, and related legal phenomena through a legal approach to obtain a comprehensive understanding of the issue being studied. This descriptive analytical research aims to describe the situation or problem without drawing universally applicable conclusions regarding the legal consequences for business actors who apply exoneration clauses in online sales and purchase agreements. Based on the research results, the author concludes that business actors who include exoneration clauses for food products in online agreements are absolutely liable for any losses suffered by consumers. In such cases, the business actors are directly responsible for product defects caused by their own negligence.
Pengaruh Struktur Modal, Ukuran Perusahaan, dan Likuiditas Terhadap Nilai Perusahaan dengan Profitabilitas sebagai Variabel Intervening Juliatri, Baiq Zilvia; Wijayanti, Inung
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1719

Abstract

The research aims to examine the influence of capital structure, company size and liquidity on company value and profitability as intervening variables in manufacturing companies listed on the Indonesia Stock Exchange in the 2018-2022 period. A population of 54 companies was sampled using a purposive sampling technique, a sample of 26 companies. The results of the partial analysis of capital structure have no effect on profitability with a prob value of 0.8319, company size has an effect on profitability with a prob value of 0.0256, liquidity has no effect on profitability, a prob value of 0.5181 capital structure has no effect on company value with a prob value of 0.2165, company size has an effect on company value with a prob value of 0.000 liquidity has no effect on company value with a prob value of 0.3862 profitability has an effect on company value with a prob value of 0.000. Simultaneously, capital structure, company size, liquidity have no effect on profitability with a prob value of 0.153343, while capital structure, company size, liquidity and profitability have an effect on company value with a prob value of 0.0000.
Penerapan PSAK 109 Tentang Pelaporan Keuangan Akuntansi Zakat, Infak/Sedekah Pada BAZNAS Ridho, Ali; Rofiq, Muhammad
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1722

Abstract

The main factor causing the failure to achieve the potential for receiving zakat, infaq and alms in zakat management institutions is the lack of public trust in the management institutions, so that guidelines for preparing financial reports are needed, namely PSAK No. 109 concerning accounting for zakat, infaq/alms. The purpose of this study is to reconstruct the financial report of zakat, infak/alms at the National Zakat Agency (BAZNAS), which can then be seen how the financial report is made by BAZNAS. This study uses a descriptive method which is carried out through observation, data collection and direct interviews with the Head of BAZNAS. This study is intended to look at the concepts of recognition, measurement, presentation and disclosure that occur at the National Zakat Agency, and to provide an overview of the financial report of zakat, infak/alms, which then analyzes the conformity of the financial report of zakat, infak/alms at BAZNAS with the applicable standards, namely PSAK No. 109. The results of this study indicate that transparency and accountability in the financial reports of zakat, infak/alms at BAZNAS have been carried out and analyzed based on PSAK No. 109, which consists of five components of financial reports, namely, financial position report, fund change report, managed asset change report, cash flow report, and notes to the financial reports. The National Zakat Agency has been proven to have carried out the bookkeeping process in accordance with the accounting concept in PSAK Number 109 in terms of recognition, measurement, presentation and disclosure.
PERLINDUNGAN HUKUM TERHADAP PEREMPUAN PADA TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA Zahra, Laila; Sinaga, Niru Anita; Sudarto, Sudarto
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1724

Abstract

Interviewing the respondents or informants. The method in this research is juridical empiric method. The result of this research shows that the legal regulation which influence the law enforcement towards Domestic Violence within the household is the Law No. 23 of 2004 on the eradication of Domestic Violence within the household. However, if before entering the litigation way, it is mediated in advance with the rule of Gampong and if a marriage is not recognized by the state so that the domestic violence is subjected to Article 351 of the Criminal Code. The law enforcer that influences the law enforcement against domestic violence within the household except the police, prosecutor, and court is (KPPPA). This institution also has an active role and is also involved to handle the domestic violence cases. Visumetrepertumis most important form of infrastructure and facilities and also becomes evidence in domestic violence cases. The societies who tend to be victims of domestic violence are women. The culture that influences law enforcement against domestic violence is patriarchal culture which strongly dominates in the household of the societies in Indonesia. As the Suggestion, in order to reach the realization of the effectiveness of law enforcement for domestic violence within the household so that the influenced factors should be better, especially for the State apparatus. They should conduct their duties properly.
Analisis Pengesahan Penyesuaian Batas Antara Flight Information Regional Jakarta Dan Flight Information Regional Singapura Dengan Peraturan Presiden Nomor 109 Tahun 2022 Prayitno, Budi; Pramono, Agus; Sudarto, Sudarto
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1725

Abstract

The flight information region adjustment agreement between Indonesia and Singapore, as the Realignment Flight Information Region Agreement, has been ratified by Presidential Regulation Number 109 of 2022 concerning Ratification of the Agreement between the Government of the Republic of Indonesia and the Government of the Republic of Singapore concerning the Adjustment of Boundaries between the Jakarta Flight Information Region and the Singapore Flight Information Region on September 5, 2022. The problem to be discussed is How are the regulations for ratification of boundary adjustments between Jakarta flight information regional and Singapore flight information regional based on laws and regulations in Indonesia? and What are the implications of ratifying the adjustment of the boundaries between Jakarta's regional flight information and Singapore's regional flight information with presidential regulation number 109 of 2022?. With the normative legal research method (normative legal research). The regulation of ratifying the adjustment of the boundaries between Jakarta's regional flight information and Singapore's regional flight information is regulated by Law Number 1 of 2009 concerning Aviation and its implementing regulations. This law also refers to the regulations of the International Civil Aviation Organization (ICAO), which is a global reference in the management of airspace and FIR as well as the Indonesia-Singapore Flight Information Region (FIR) Adjustment Agreement 2022. The implications of ratifying the adjustment of the boundaries between Jakarta's regional flight information and Singapore's regional flight information with presidential regulation number 109 of 2022 occur in the Implications in the political field, Implications in the Economic field and Implications in the field of national defense and security. The regulation of ratifying the adjustment of the boundaries between Jakarta's regional flight information and Singapore's regional flight information Indonesia must strengthen and maintain the FIR areas on maps A and B so that they are not managed again by Singapore. The implication of ratifying the adjustment of the boundaries between Jakarta's regional flight information and Singapore's regional flight information is that Indonesia must think about immediately regulating a Single Air Traffic Provider where all Indonesian airspace is regulated in one FIR (Flight Information Region). Keywords: presidential regulation, FIR, boundary adjustment

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