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Nanik Prasetyoningsih
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INDONESIA
Jurnal Penegakan Hukum dan Keadilan
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 27460967     EISSN : 2721656X     DOI : https://doi.org/10.18196/jphk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Penegakan Hukum dan Keadilan (JPHK) mempublikasikan artikel artikel ilmiah yang mengkaji isu-isu penegakan hukum dan pencapaian keadilan.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 6 Documents
 1 
Search results for , issue "Vol 5, No 1 (2024): March" : 6 Documents clear
Legal Protection for Students as Whistleblowers of Corruption Cases in Universities Prakasa, Satria Unggul Wicaksana; Rais Alhakim, Eky Karimatur
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 1 (2024): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i1.18785

Abstract

A whistleblower is necessary for corruption cases in universities. by emphasizing previous research that discusses related, legal protection for reporters to eradicate corruption about academic freedom. Then, the weak coordination of law enforcement corruption. And the pattern of corruption in universities shows that corruption can concern all professions, including academics. This study aims to make a real contribution to the efforts of ethics enforcement and anti-corruption in the university environment. Increasing legal protection for students as reporters is expected to create a more supportive and safe environment for those who want to disclose corruption. So, the researchers used socio-legal methods in this study. This study highlights the relationship between law and society to create a more complex answer to the problem raised. The results of this research contain conclusions about the difficulty of the active role of students and what legal protection efforts are obtained in combating corruption in universities. This study offers something : (1) barriers and legal protection efforts to students as whistleblowers in eradicating university corruption; (2) on how to handle corruption cases in universities, especially students as reporters. This study concluded that the government and university leaders must be able to provide legal certainty by protecting students as reporters, and those who reveal corruption need to be strengthened to avoid retaliation or intimidation so that students are safer reporting allegations of corruption without fear of facing repression or other reprisals.
Pertanggung Jawaban Hukum Pihak Ekspedisi Pengiriman Terhadap Barang Hilang atau Rusak Prasetyo, Edy; Budiono, Arief; Sybelle, Jan Alizea
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 1 (2024): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i1.18825

Abstract

There are no clear provisions in the regulations that regulate the extent to which the delivery service is responsible for losses suffered by consumers for goods sent that are damaged or lost and the uncertainty of the obligations and fines imposed by the delivery service when it does not fulfill the promise of timely delivery becomes separate problem for consumers. This study aims to determine the accountability and efforts that can be made by consumers in the case of lost or damaged goods at PT. Tri Adi Together (Anteraja). This research is a normative juridical research using deductive thinking method. Data collection techniques were carried out by interviewing and library documents. This study uses a qualitative approach in analyzing the data that has been obtained: The results show (1) there are two forms of responsibility that have been carried out by PT. Tri Adi Bersama (Anteraja) in the case of lost or damaged goods, namely providing compensation to the owner of the goods and being responsible for unlawful acts committed by its employees. (2) There are efforts that can be made by consumers to demand the responsibility of PT. Tri Adi Bersama (Anteraja) for objects sent in the event of a loss, including efforts to pass the Consumer Dispute Settlement Agency (BPSK) with arbitration, conciliation and mediation as efforts made outside of court as well as filing lawsuits, examinations and verification as efforts through legal channels.
Pencegahan Pelanggaran Tindak Pidana Pemilu melalui Pendaftaran dan Verifikasi Partai Politik Berdasarkan Undang-Undang Pemilu Fauzi, Muhammad Oky; Prasetyoningsih, Nanik
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 1 (2024): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i1.19125

Abstract

After 24 years of reform, the people passionately anticipate direct general elections as a process of power transition and evaluation of the performance of political parties over the previous five years. Similarly, the registration and verification phases of political parties participating in the 2024 Election, which began on Friday, July 29, 2022, and ended on Tuesday, December 13, 2022, have concluded for the 2024 Election. The requirement for verification of political parties is an effort to improve the institutions of political parties to make them more professional in their management, as well as to verify the readiness and fulfillment of the requirements of political parties, both new and those that have participated in previous elections. In addition, if the registration and verification of political parties process proceeds smoothly, the subsequent stages will also go smoothly. One is to minimize or prevent violations of election criminal acts that can diminish the wisdom and efficiency of the 2024 Election process and stages. This study uses normative and empirical research methods and qualitative analysis to examine the relationship between the registration and verification of political parties and efforts to prevent election crime violations. This study demonstrates that verifying political party candidates can assist electors in selecting credible and competent public officials. However, verification provisions and procedures can increase the chance of election crimes and electoral misconduct. Therefore, the election commission (KPU) and Bawaslu must be resolute and unaffected by any interference that could harm the integrity of elections and democracy. The community is also responsible for supervising and providing aspirations so that election regulations do not diminish enthusiasm for conducting elections with integrity.
Tinjauan Perampasan Aset dalam Tindak Pidana Pencucian Uang dari Perspektif Keadilan Fuadi, Gumilang; Putri, Windy Virdinia; Raharjo, Trisno
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 1 (2024): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i1.19163

Abstract

Money laundering is a crime that harms the public interest, causes economic instability in a country, and is more dangerous than corruption because tracking money flow from money laundering will be more difficult. When considering the impact, asset forfeiture is vital since it employs a "follow the money" strategy. This study reviews asset forfeiture in money laundering from the perspective of justice. This study is a normative or doctrinal research, also called dogmatic research, with a conceptual and statutory approach. The study shows that asset forfeiture in money laundering has been regulated in Indonesia as criminal forfeiture based on the Criminal Code and Criminal Procedure Code, civil forfeiture, and administrative forfeiture based on the PPTPPU Law. However, in its regulation and implementation, there are still legal loopholes that criminals can use to hide the proceeds of their crimes, so it has not provided a sense of justice and is detrimental to the state and society as victims of money laundering. Based on the perspective of justice rooted in the principle of fundamental justice, crime should not benefit the perpetrators. This perspective underlies the need to expand the scope of asset forfeiture arrangements, especially civil/in rem forfeiture, by reformulating the provisions in the PPTPPU Law. Furthermore, broadening coverage can be achieved by enacting laws that govern asset forfeiture. This legislation should encompass not only assets held in the user accounts of financial service providers but also all assets connected to criminal activity. Protecting good faith third parties is necessary to enhance the society and state's sense of fairness.
Menelaah Keabsahan Kontrak Binary Option pada Unsur Pidana Perjudian Setiyawan, Deni; Rahmad, Noor
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 1 (2024): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i1.19312

Abstract

The rapid development and advancement of technology had made everything easy, including accessing the internet. The economy is one of the many fields that have experienced rapid development as a result of technological developments, and investment is no exception. One of the investments that is currently being discussed is the binomo platform. But in reality, binomo is not an investment but a platform that provides binary option services for potential investors. The element of agreement is the most important element in determining whether binary options are included in gambling applications or not. This research aims to examine the validity of the agreement on binomo in determining whether the binary option is included in the gambling application or not. This research uses a normative juridical method with a conceptual approach. The results of this study explain that the validity of the futures contract on the binomo platform in terms of the Civil Code contradicts several articles in the Civil Code, when referring to the valid terms of the agreement in article 1320 of the Civil Code, binomo does not meet when viewed from the 3rd valid requirement, namely a certain thing and the 4th valid requirement, namely a lawful legal cause. the Binary Option Trading mechanism has fulfilled the elements of gambling in accordance with Article 303 Paragraph 3 of the Criminal Code, so that the Binary Option Trading affiliator can also be subject to Article 27 Paragraph 2 of the ITE Law Jo. Article 45 Paragraph 1 of the ITE Law.
Legal Considerations Judex Factie Acquittal and Guilty Judgments by Judex Juris Abdaud, Faisal; Umar, Wahyudi; Rustan, Ahmad; Ming-Hsi, Sung
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 1 (2024): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i1.18145

Abstract

The corruption case involving the former North Konawe regent, Aswad Sulaiman, was acquitted by the Kendari Corruption Court in 2017, according to decision Number 56/Pid.Sus-TPK/2016/PN.Kdi. While the Supreme Court Cassation decision number 1964 K/PID.SUS/2017 decided that Defendant Aswad Sulaiman was proven legally and convincingly guilty of committing a crime by jointly committing an ongoing criminal act of corruption, imposing a prison sentence of 6 years and an IDR 200 million fine. If not paid, it will be replaced with imprisonment for 6 months, punished for producing a compensation of IDR 3,310,639,545 (three billion three hundred ten million six hundred thirty-nine thousand five hundred and forty-five rupiah). This study focuses on the legal ratio of the panel of judges in imposing an acquittal in the corruption case Number 56/Pid.Sus-TPK/2016/PN.Kdi and decision number 1964 K/PID.SUS/2017. This study used normative legal research with a statutory approach and a case approach, Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which was last amended by Law Number 20 of 2001. The results are that the recovery of state financial losses must be investigated as the starting point that the defendant has committed corruption by not releasing him from criminal responsibility but only as a basis for mitigating considerations for the defendant. The judges deciding this case have at least gone through 3 stages: constating, qualifying, and constituting.

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