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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 87 Documents
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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.
Contextuality of Negative Confirmation in E-Commerce Sales and Purchase Agreements Jamil, Nury Khoiril; Masitho, Nisa; Utari, Agustine Rossa Diah
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.20080

Abstract

Transactions through digital platforms have become indispensable due to their diverse features. Nevertheless, based on the law of engagement, most e-commerce companies apply standard contracts in transactions. E-commerce typically safeguards consumer rights, including complaints, returns, and ratings. Consumer ratings, particularly in transactions of minimal economic value, do not influence the safeguarding of consumer rights. It is interesting to investigate whether a negative assessment or rating of goods receipt constitutes a default agreement or a reason for the cancellation of the agreement. This research aims to examine the implementation of pacta sunt servanda in sales and purchase agreements within e-commerce and to analyze its implications regarding negative confirmation in contractual relationships. The method used in this research was normative juridical with legislation and a conceptual approach. The results highlight that the principle of pacta sunt servanda in Indonesia is implemented strictly and cannot be intervened by anyone as long as it fulfills legal requirements and does not violate statutory regulations, satisfying legal certainty. The principle of pacta sunt servanda has binding status on the agreement entered into, carried out between sellers and consumers. Nevertheless, it is not based on the assessment given by consumers regarding dissatisfaction with transaction results, in which regulations do not guarantee complete legal protection for consumers for dissatisfaction with transactions through the features provided. Consequently, a substantive approach is needed in assessing agreements. Legal validity and legal certainty of contracts are also necessary, but the value of proportional justice is important.
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.
Efforts to Eradicate Corruption through the Concept of Structural Legal Aid Hidayat, Hidayat
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.20916

Abstract

Corruption is a serious problem in the life of society and the progress of a nation. The impact is detrimental to the community, starting with not being able to enjoy development facilities, hampering economic growth, and so on. Therefore, seeing that this corruption problem has become a deadly virus, a precise concept is needed to solve it. That is through the concept of structural legal aid. The concept calls for community participation to eradicate corruption. In other words, people who are direct victims of corruption can advocate for corruption issues and cases. This concept aims to pick up, grab, and restore the rights of people who have been corrupted. So then, based on this corruption problem, an idea is offered to solve it. This research uses juridical-empirical research with a statute approach, a case approach, and a conceptual approach. Furthermore, to strengthen the ideas in this study, we interviewed people from the LBH-YLBHI Institute, SAHdaR Sumut, and other sources. In addition, this research will be supported by secondary data based on legal literature, documents, and others related to the theme of this research. The result of this research is that structural legal aid is able to eradicate corruption, which makes the community the main actor in eradicating criminal acts of corruption through education, prevention, and prosecution.
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.
Disparity in Sentencing in Premeditated Murder Crimes to Provide Justice in Indonesia Gulo, Cornelius Dikae Zolohefona; Fahrurrozi, Fahrurrozi; Aviva, Faradistia Nur; Arkanbariq, Anantya Aliyya
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.21629

Abstract

Sentencing disparity is the imposition of different punishments for similar criminal acts without justification. Disparity of punishment is also found in several judges' decisions regarding premeditated murder, for example, Cassation Decision No. 1727 K/PID/2009 and Cassation Decision No. 922 K/Pid/2018. The two verdicts, in principle, addressed the case of premeditated murder; however, they rendered disparate and quite lame sentences for each defendant. This study aims to examine the punishments associated with criminal offenses and the factors causing the disparities in sentencing for premeditated murder in Indonesia. This study constitutes doctrinal legal research that examines secondary data, specifically judicial verdicts and legal statutes about premeditated murder. This study revealed that criminal sanctions were initially designed to inflict suffering on perpetrators who committed crimes. Ultimately, the objective of the sanctions evolved into a mechanism for educating perpetrators to prevent the recurrence of their actions. This study identified factors that cause disparities in sentencing for premeditated murder in Indonesia, precisely the defendant's type of culpability, motives and intentions behind the crime, intrinsic characteristics of the defendant, how the defendant executed the criminal act, and the potential impact of the sentence on the defendant's future. These factors can become sentencing guidelines that can serve as a guide and control for judges in formulating and imposing sentencing verdicts so that the sentencing can provide justice for all parties, both for victims, defendants, and the wider community.
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.
ENFORCEMENT OF LAW AGAINST OF SMUGGLING IMPORTED USED CLOTHING ACCORDING TO POSITIVE LAW IN INDONESIAN RIDWAN, SALWA BILLA MIRZA
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.22074

Abstract

Background: The smuggling of imported used clothing has become a significant problem in Indonesia, causing various negative impacts on the domestic economy and society. Law enforcement against this smuggling is important to protect the domestic apparel industry and ensure fairness in international trade.Research Methods: This research uses an analytical descriptive approach by collecting data from various legal sources, including legislation, court decisions, and related literature. Analysis was conducted to understand the legal framework relating to law enforcement against smuggling of imported used clothing in Indonesia.Discussion: The results of the analysis show that there is a sufficient legal framework to address the issue of smuggling of imported second-hand clothing in Indonesia. However, the main challenge lies in effective implementation and enforcement. Better coordination between law enforcement agencies and other relevant parties is needed, as well as increased public awareness on the importance of avoiding illegally obtained products.Conclusion: Enforcing the law against smuggling of imported used clothing in Indonesia is an important step to protect local industries and maintain fairness in international trade. Greater efforts are needed from the government, law enforcement agencies, and society as a whole to address this challenge and ensure compliance with applicable laws.
Artificial Intelligence-Based System Tools and Their Impact on The Lawyers’ Practice Farouk, Aisha Dawaki; Fajar, Mukti
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.18415

Abstract

This study focuses on artificial intelligence (AI)-based system tools and their impacts on the lawyer's practice. With the emergence of technology and its rapid development in the field of sciences, progress can be seen in the different sectors, including the legal profession. Traditionally, only licensed lawyers practice law, but that traditional notion has begun to change with the coming of technology. AI-based system tools were changing how lawyers practice law is being done. Legal information can now be analyzed through network analysis and machine learning (ML) systems. The study adopted an empirical type of research, using a qualitative and quantitative methodological approach to gather and analyze its data. Primary data was collected directly from the targeted respondents, while the secondary data were collected from relevant literature in libraries such as journals, books, newspapers, articles, and online publications. The data collected was analyzed using a frequency distribution table, pie chart, and simple percentage. The study highlighted that 58% agreed that AI was changing and impacting how lawyers practice law. The result showed that 50.9% were aware of the AI-based system tools to automate or assist lawyers in law practice.

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