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M Fauzi
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INDONESIA
Risalah Hukum
Published by Universitas Mulawarman
ISSN : 0216969X     EISSN : 27233766     DOI : https://doi.org/10.30872/risalah
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Risalah Hukum merupakan terbitan ilmiah berkala bidang ilmu hukum. Jurnal ini diterbitkan oleh Fakultas Hukum Universitas Mulawarman sebagai media publikasi pemikiran, gagasan maupun hasil penelitian dalam berbagai bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 217 Documents
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Reformulasi Pemimpin Usia Muda Sebagai Calon Presiden dan Wakil Presiden: Tinjauan Ius Constituendum Razak, Askari
Jurnal Risalah Hukum Vol 19 No 2 (2023): Volume 19, Nomor 2, Desember 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i2.1339

Abstract

This study examines the reformulation of age requirements for young leaders as candidates for President and Vice President, reflecting a shift in leadership preferences within society. The aim is to analyze the rationality of the minimum age restrictions for presidential and vice-presidential candidates and to formulate an ideal change through the ius constituendum approach, to create opportunities for the emergence of young leaders in line with contemporary political aspirations. The normative method is used with a legislative and conceptual approach through literature review and qualitative data analysis. The results show that the minimum age restriction of 35 years aims to ensure the quality of mature national leadership, although some argue that it has the potential to hinder the emergence of innovative young leaders. The ideal formulation of changes is to revise Article 6A paragraph (1) to lower the minimum age limit to 30 years, based on principles of democracy and non-discriminatory political rights based on age, involving public participation and constitutional mechanisms.
Sinkronasi Konsep Pemaafan Hakim Sebagai Wujud Asas Restorative Justice Dalam Hukum Acara Pidana Ayu Dian Ningtia; Ahmad Faris Shofa
Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v20i1.1372

Abstract

The development of the criminal system does not only rely on the punishment of defendants, but has led to aligning the interests of victim recovery and defendant accountability by using a restorative justice approach; that the restorative justice approach has not been sufficiently regulated in the criminal justice system, especially regarding the types of cases, conditions and procedures for its application at the trial level to decisions containing a restorative justice approach. Several provisions in the 2023 Criminal Code are considered to need to be harmonized with the 1981 Criminal Procedure Code and the 2012 RKUHAP, one of which is the concept of judge forgiveness (rechterlijk pardon). Regarding these provisions, neither the 1981 KUHAP nor the 2012 RKUHAP have regulations regarding the mechanism for implementing social work crimes and supervision crimes, including ministries/agencies or parties involved in its implementation. This normative juridical research is intended as a recommendation to strengthen the implementation of judge forgiveness as a form of restorative justice by making the necessary adjustments to criminal procedural law reform in Indonesia to ensure the criminal justice system continues to run effectively, fairly and justly. in accordance with applicable legal principles. including in accordance with material provisions.
Urgensi Perubahan Undang-Undang Nomor 20 Tahun 2013 tentang Pendidikan Kedokteran Kurnia Ningsih, Hilda; Herning Sitaboeana, Toendjoeng
Jurnal Risalah Hukum Vol 19 No 2 (2023): Volume 19, Nomor 2, Desember 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i2.1373

Abstract

Law Number 20 of 2013 on Medical Education serves as the primary legal basis for the implementation of the medical education system in Indonesia. This article identifies several critical issues in the implementation of medical education, including high tuition fees, substandard quality of graduates, uneven distribution of doctors across Indonesia, ambiguity regarding professional organizations, and problems with the Competency Test for Medical Education Students (UKMPPD) considered unjust. This research utilizes a juridical-normative research method to elaborate on these issues by detailing applicable legislation. The findings emphasize the urgency of amending the Medical Education Law to ensure public access to quality doctors, equitable distribution across regions, and recommend abolishing the UKMPPD perceived as unjust for medical students. These changes are expected to create a more inclusive, efficient, and responsive medical education system to meet the needs of the Indonesian population. By adhering to these recommendations, it is hoped that the organization of medical education can produce graduates better prepared to face the challenges of the medical profession and provide quality healthcare services to the people of Indonesia
Tanggung Jawab Bank Kepada Nasabah Pasca Putusan Pengadilan Tindak Pidana Korupsi Pegawai Bank Erna Susanti; Sulung Nugroho
Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v20i1.1484

Abstract

Customers are a crucial factor in the world of Banking. However, it is not uncommon for customers who have fully entrusted their confidence to the bank to become victims of the negligence of individuals within the bank. This research is conducted with the objective of ascertaining the nature of the bank's responsibility following the judgment of Court Decision Number 21/Pid.Sus-TPK/2019/PN Smr, in cases where customers incur losses due to criminal activities committed by bank employees. The protection of banks for Bank Customers is regulated under Law No. 10/1998 regarding Amendments to Law No. 7/1992 regarding Banking. Normatively, the bank is accountable in cases where losses occur as a result of criminal acts by internal individuals, not only the perpetrators but the bank is also jointly responsible in accordance with the explanation found in the Indonesian Civil Code (KUHPer), specifically Article 1367. Regarding customer protection, banks do not solely rely on civil law enforcement, as expected through sanctions and compensation claim mechanisms. Criminal law provisions also include regulations that can safeguard consumers, such as licensing and supervision mechanisms. Indirect protection afforded to customers in the event of criminal acts in the field of banking is established through a series of statutory regulations, such as Law No. 8/1999 regarding Consumer Protection, as well as regulations that can ensnare wrongdoers, such as Law No. 10/1998 regarding Banking, Law No. 11/2008 regarding Electronic Information and Transactions, and Law No. 20/2001 regarding the Eradication of Corruption. Meanwhile, the direct protection provided by banks to their customers involves meticulous planning based on the principle of prudence, as stipulated in Article 29 of Law No. 10/1998 regarding Banking.
Analisis Yuridis Putusan Niet Ontvankelijke Verklaard Pada Akta Jual Beli Puspita Wardani, Rila; Iftitah, Anik; Yuliastuti, Eko; Alfaris, Moh.; Widhiandono, Erwin
Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v20i1.1493

Abstract

This study examines legal certainty in land sale and purchase agreements, particularly concerning sale and purchase deeds that result in Niet Ontvankelijke Verklaard (NO) verdicts. The importance of this study lies in understanding the root causes of legal uncertainty in the transfer of land rights and its implications for the involved parties. The objective of this research is to analyze the causes of NO verdicts, understand their legal basis, and evaluate their legal impacts. The methodology used is a normative legal approach with an analysis of primary and secondary legal materials, as well as related court decisions. The main findings indicate that NO verdicts are caused by unclear dispute objects and formal defects such as error in persona and obscuur libel. NO verdicts impact legal certainty, potential compensation claims, and public trust in notaries/PPATs. The implication is that there is a need to increase meticulousness and compliance with formal requirements in drafting sale and purchase deeds to avoid NO verdicts that can harm various parties.
Optimalisasi Transaksi Melalui E-Commerce Sebagai Upaya Peningkatan Penerimaan Pajak Mohammad Agus Mustam, Andi; Ismiyanto; Muhtarom, M.
Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v20i1.1587

Abstract

This study aims to address the implementation issues of optimizing transactions through e-commerce as a means to increase tax revenue, as well as the obstacles in implementing these optimization policies. The perspective supporting tax imposition on all e-commerce businesses marketing their products in Indonesia is based on the principle of fairness in tax collection, which should be applied equally to all businesses within the same industry. However, the tax authority's stance on imposing taxes on e-commerce activities has faced objections from local businesses, who argue that taxing this infant industry could hinder the growth and development of e-commerce in Indonesia, as it is still in need of protection. This empirical study collects primary data from various marketplace platform providers in the Surakarta region, with a focus on businesses categorized as MSMEs. The findings indicate that the implementation of e-commerce transaction optimization policies to increase tax revenue has not been comprehensively executed in line with the coverage stipulated by legislation and the technical application of tax policies. Obstacles to policy implementation include regulatory substance issues that necessitate an expansion of tax zoning for e-commerce and a lack of outreach and support for taxpayers.
Urgensi Tata Kelola Dokumentasi Hukum Di Sektor Pendidikan Tinggi Melalui Sistem Informasi JDIH Perguruan Tinggi Suharto, Miko Aditiya; Maria Novita Apriyani, Maria
Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v20i1.1615

Abstract

JDIHN contains legal documents stored digitally in an electronic database that can be accessed from anywhere by the general public. Based on Presidential Decree 33/2012, universities are also ordered to form JDIH in their respective environments. Legal regulations and policies must be formed and socialized in each Higher Education Units so that the teaching and learning process runs well. However, many of the legal regulations and policies made in this higher education environment, if analyzed using legal science, have many administrative and substantive defects. In order to achieve the goals of National legal development and as an effort to prevent disharmonization of legal regulations and policies vertically and horizontally within Higher Education units. This research is a normative legal research type, using a statute approach and a conceptual approach. JDIH in the implementation of Higher Education is expected to be able to minimize disharmonization of regulations and policies that occur in local universities so that they can be minimized or resolved. This method is also a means of realizing the principle of transparency in public services in order to realize good governance and achieve the goals of national legal development. The implementation of JDIH integration starting from each Higher Education Institutions as a member to the Ministry of Education and Culture's JDIH as coordinator, which then continues with integration into BPHN, needs to be regulated in a Ministerial Regulation so that there is no overlap in The authority
Penegakan Hukum Terhadap Pelaku Penyebaran Konten Asusila Salmon, Harly Clifford J; Latumaerissa, Denny; Saimima, Judy Marria
Jurnal Risalah Hukum Vol 21 No 1 (2025): Volume 21, Nomor 1, Juni 2025
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v21.i1.1593

Abstract

The purpose of this study is to examine and analyze law enforcement against asusila content spreaders as well as to examine and meganalyze obstacles in law enforcement against asusila content spreaders.This study uses empirical juristic research methods.The jurisdictions approach is used to analyze the legislative regulations relating to the dissemination of the content of the asusila.Empirical approaches are used to analyze empirical data obtained from the study of documents and interviews with key informants.As for the results of this study, which is enforcement against perpetrators of the spread of content asusila involves several steps starting from the investigation, Investigation, until the trial.This process involves various institutions, including police, The prosecution, and the court.Somerules that are the legal basis that can be applied to the perpetrators of the distribution of pornographic content among others: kuhp, The National Institute of Allergy and Infectious Diseases . pornography law, the obstacles in law enforcement the  content porno is the lack of data to restore the availability of video or photographs that contain a pornography, when unexpected perpetrators have remove the data, so as to the evidence and investigators must bring attendant / investigators suspected cell phone video as well as a photograph in which is intended to labs digital forensic police in makassar, and not a ite in maluku, to ask the expert testimony and evidence to support should come from outside the maluku ite notabenenya memelukan large enough money.
Rekontruksi Ambang Batas Parlemen dalam Sistem Pemilu Indonesia Pasca Putusan Mahkamah Konstitusi Nomor 116/PUU-XXI/2023 Rohmah, Elva Imeldatur
Jurnal Risalah Hukum Vol 21 No 1 (2025): Volume 21, Nomor 1, Juni 2025
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.V21.i1.1701

Abstract

The Constitutional Court (MK) Decision Number 116/PUU-XXI/2023 is an important basis for evaluating the parliamentary threshold policy in the Indonesian election system. This provision requires political parties to obtain a minimum of 4% of valid national votes in order to get seats in the People's Representative Council (DPR). Although it aims to coordinate the party system and increase government stability, this regulation raises various problems, especially related to political representation and electoral justice. The Constitutional Court, in its decision, stated that the parliamentary threshold remains in effect for the 2024 Election but must be evaluated before the 2029 Election so that it is more proportional and does not harm the constitutional rights of voters. This study uses a normative legal method with a regulatory and contextual approach. The results of the study show that the application of the 4% threshold resulted in the loss of around 17.3 million votes in the 2024 Election, which has an impact on limited political representation for small parties and their voters. The Constitutional Court, in its decision, emphasized the need to revise this regulation to be fairer and reflect the principle of people's sovereignty. Some proposed policy alternatives include the implementation of a height threshold, a proportionality-based calculation model, and a revision of the DPR seat allocation system to reduce wasted votes. The parliamentary threshold system needs to be improved with a more objective data-based approach to reflect the principles of electoral fairness better. The evaluation of this rule is a step to realize a more representative, transparent, and democratic electoral system for the future of Indonesian politics
Perlindungan Bagi Masyarakat Sipil Pada Konflik Bersenjata Non Internasional Akibat Konflik Antara Junta Militer Dan Pemberontak Suharto, Miko Aditiya; Novita Apriyani, Maria
Jurnal Risalah Hukum Vol 21 No 1 (2025): Volume 21, Nomor 1, Juni 2025
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v21.i1.1728

Abstract

The armed conflict in Myanmar has escalated since the military coup in 2021. In this armed conflict, many civilian casualties have fallen and civilian facilities have been destroyed. This type of research is normative legal research with a descriptive prescriptive nature. This scientific article consists of three sub-discussions. First, this scientific article discusses international regulations governing the protection of Myanmar civilians when a non-international armed conflict is taking place. Second, it discusses gross human rights violations committed by the Military Junta against Myanmar civilians when in conflict with the Rebel Forces. Third, it discusses international mechanisms that can be carried out to resolve the conflict and protect Myanmar civilians. The results of this study state that the armed conflict between the Rebel Forces fighting against the military junta in Myanmar territory meets the elements of a Non-International Armed Conflict as stipulated by International Humanitarian Law. Since the 2021 military coup, there have been many gross human rights violations by the military junta, including attacks on demonstrators, torture, cutting off access to aid, and indiscriminate airstrikes. International mechanisms that can be used to resolve this problem include conducting diplomatic intervention and international community political resolution, implementing accountability for enforcing international legal instruments, and conducting humanitarian intervention and civil protection.

Page 21 of 22 | Total Record : 217

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