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Collegium Studiosum Journal
Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda
ISSN : 27974332     EISSN : 27973751     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Collegium Studiosum Journal adalah Jurnal Ilmiah yang diterbitkan secara berkala oleh LPPM STIH AWANG LONG. Collegium Studiosum Journal memilik e-ISSN 2797-3751 dan p-ISSN 2797-4332. Pemilihan dan penggunaan kata Collegium Studiosum Journal dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai penelitian di tingkat nasional maupun international. Collegium Studiosum Journal terbit dalam setahun sekali yaitu pada bulan Juni. Pengiriman artikel dapat dilakukan melalui daring dengan melakukan registrasi terlebih dahulu pada website ini. Collegium Studiosum Journal menerima artikel pada bidang kajian hukum pidana, hukum perdata, hukum tata negara, hukum administrasi negara, hukum international, hukum masyarakat pembangunan, hukum islam, hukum bisnis, hukum acara dan hak asasi manusia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 352 Documents
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MODEL KOLABORATIF PENCEGAHAN KEKERASAN BERBASIS PERMENDIKBUDRISTEK NO. 46 TAHUN 2023: PENDEKATAN AKSI-PARTISIPATIF Widjaja, Gunawan; Martedjo, Wagiman; Hatta, Ignatius Bambang Sukarno
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1835

Abstract

This article aims to analyze the implementation gaps of the Ministry of Education Regulation No. 46 of 2023 on the Prevention and Handling of Violence in Educational Institutions and to propose a collaborative model based on participatory action as an alternative solution. Using a descriptive qualitative method and normative legal approach, this study explores principles of education law, community participation, and the institutional effectiveness of schools in violence prevention. Findings reveal that the regulation’s implementation still faces structural and cultural challenges, including low regulatory literacy among educators and limited stakeholder engagement. The proposed collaborative model emphasizes stakeholder synergy through tiered training, participatory dialogue forums, strategic partnerships, and community-based evaluation. It is expected to contribute to the creation of a safe, inclusive, and just learning environment.
PERAN PENTING ILMU TEKNOLOGI CCTV DALAM PEMBUKTIAN ELEKTRONIK BERDASARKAN UNDANG-UNDANG ITE Kirana, Yanti
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1964

Abstract

Various aspects of human life today, including technology, are developing rapidly. Nowadays, it seems difficult to separate human life from technology, which has even become a necessity. Initially, technology was part of or dependent on science, but now it can also depend on science. One example is the development of science and technology related to Closed Circuit Television (CCTV), which plays a central role in electronic evidence under the Electronic Information and Transactions Law (UU ITE). Social and moral life is influenced by the technological devices we value. They enhance people's worldviews, social practices, organizations, values, and lifestyles. Today, it is difficult to be truly active in technological decisions when technological devices are often forced upon us, forcing us to do many things. While this technological development has a positive impact, it also has a negative impact, as it can hinder direct interaction between people, as people already interact so much indirectly and everyone is dependent on technology, especially CCTV. CCTV recordings are recognized as valid electronic evidence under Indonesian law, provided they meet certain procedural requirements. CCTV footage can be used in criminal proceedings as evidence, and its validity is regulated in Article 5 paragraphs (1) and (2) and Article 44 of the ITE Law. However, this journal also reviews the requirements, for example, the need to be linked to other evidence to become strong indicative evidence, or the need for expert testimony to ensure the authenticity of data if transferred via physical media such as flash drives. Technological developments are occurring at an extraordinary pace, undeniably dominating every aspect of life. This study explains the important role of CCTV technology in electronic evidence based on the ITE Law.
ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 135/PUU-XXI/2024 TENTANG PERUBAHAN DESAIN KONSTITUSIONAL KESERENTAKAN PEMILU DI INDONESIA Taufik; Sukma, Ayu Mega; Elviandri
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1967

Abstract

The Indonesian Constitutional Court Decision Number 135/PUU-XXI/2024 marks a fundamental change in Indonesia's constitutional and electoral law system by annulling the application of the full concurrent elections concept which combines the National General Election (Pemilu) and the Regional Head Election (Pilkada)—as regulated in Law Number 7 of 2017 concerning General Elections. The Court determined that the unification of national and local election schedules contradicts the principle of regional autonomy (otonomi daerah) and blurs the meaning of popular sovereignty at the local level as guaranteed by Article 18 of the 1945 Constitution (UUD 1945). Through this ruling, the Court ordered that Pilkada must be held separately from the national Pemilu, issuing a conditionally constitutional verdict that reinterprets Article 201 of the Election Law to prevent a legal vacuum (rechtsvacuum). This research utilizes a normative juridical approach with descriptive and conceptual analysis methods, through a review of relevant laws and regulations, Constitutional Court decisions, and academic literature. The analysis results indicate that the Court’s considerations encompass three main dimensions: (1) Philosophical, relating to the protection of popular sovereignty in the regions; (2) Sociological, concerning the workload of election organizers and the validity of election results; and (3) Juridical, regarding the balance between efficiency and the principle of substantive democracy. The juridical implications of this decision include a change in the electoral system from full concurrent to separated elections, the need for legal harmonization between the Election Law and its implementing regulations, and the formation of a new political cycle (year “X” for the National Pemilu and “X+2” for the National Simultaneous Pilkada). From the regional autonomy perspective, the separation of election timing positively impacts the strengthening of local political identity, increased space for the articulation of regional aspirations, and the opening of opportunities for regional head candidates from smaller or independent parties. Conversely, new challenges also arise, such as increased political and budgetary costs, the potential for political transactions in the nomination process, and policy fragmentation between the central and regional governments. Overall, Constitutional Court Decision No. 135/PUU-XXI/2024 not only affects the technical aspects of election administration but also reconstructs the relationship between the central and regional governments within the context of Indonesia's constitutional democracy. This decision serves as a crucial momentum for lawmakers to rearrange the concurrent election system to better align with the principles of regional autonomy, electoral justice, and government effectiveness.
POST-INDEPENDENCE ECONOMIC REGULATION IN TIMOR LESTE: NORMATIVE ANALYSIS OF FOREIGN INVESTMENT LAW Carolina da Cruz
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1973

Abstract

Geographically, Timor Leste is the country closest to Indonesia, making it easier for Indonesian investment to flow to Timor Leste. Therefore, Indonesian investment in Timor Leste will benefit both countries economically, and to maintain stability and security, economic cooperation is one way to achieve peace and prevent conflicts that are prone to occur at the land border between Timor Leste and Indonesia. This research uses a qualitative approach. Furthermore, this research is descriptive-explanatory in nature because it explains narratively and identifies the cause and effect of the issues in the research. Based on the findings, in terms of regulations, Timor Leste has attempted to align its investment legal framework with international principles; however, in practice, the goal of achieving welfare for the majority of the people still faces significant challenges. The foreign investment legal framework in Timor-Leste is normatively designed to guarantee legal certainty and protection for foreign investors, primarily through the applicable Private Investment Law. This law aims to attract investment by establishing clear rules regarding ownership rights, capital transfers, and dispute resolution mechanisms.
SANKSI HUKUM TERHADAP PELAKU USAHA YANG TIDAK MEMBAYAR UPAH KARYAWAN SESUAI DENGAN PERATURAN HUKUM DI INDONESIA Putra, Daniel Satria Setyawan; Suryanto; Pandiangan, Pebri Ramuda; Fiddin, Mohamad Fahmi; Osea, Adithia; Saragih, Luthfi El Hakim
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1990

Abstract

This study aims to analyze the legal sanctions imposed on businesses that fail to pay employee wages in accordance with Indonesian laws and regulations and to assess the effectiveness of their enforcement. Wages are a basic right of every worker, guaranteed by Law Number 13 of 2003 concerning Manpower, as amended by Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. Employers' obligation to pay wages in accordance with applicable regulations embodies the principles of justice, humanity, and legal certainty in industrial relations. The research method used is normative juridical, with a statutory and conceptual approach. The data used are sourced from primary, secondary, and tertiary legal materials, analyzed qualitatively. The results indicate that businesses that fail to pay employee wages in accordance with regulations may be subject to administrative sanctions, such as written warnings, restrictions on business activities, temporary suspension, and even revocation of business licenses. Furthermore, there are criminal sanctions as stipulated in Article 185 of the Manpower Law, which carry a maximum imprisonment of four years and/or a maximum fine of four hundred million rupiah. However, in practice, enforcement of these legal sanctions remains suboptimal due to weak labor oversight and low legal awareness among business actors. This study concludes that increased effectiveness of labor oversight and stricter law enforcement are needed to ensure the protection of workers' rights to decent wages in accordance with the principles of social justice in Indonesia.
PERAN KEDOKTERAN FORENSIK DALAM PEMBUKTIAN PERKARA PIDANA Okprianti, Reny; Emilson, Nur Husni; Amiroh, Syarifah Al; Febriyani, Nikita; Oktarina, Rina; Sari, Wulan Purnama
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2001

Abstract

The relationship between law and medicine is crucial in the process of proving someone's guilt because not all aspects of knowledge can be mastered by a judge. In this case, the role of a doctor is vital in helping reveal the condition of evidence in the form of a human body or human body parts in a trial. The role of forensic doctors is very significant in handling criminal cases by revealing evidence that can be in the form of a human body or body parts, as well as providing an assessment of the causal relationship between the victim and the perpetrator of the crime through a post-mortem report, which provides an overview for the judge. Through their medical knowledge and forensic skills, forensic doctors help uncover facts related to criminal cases, especially in cases of death or physical violence. By conducting post-mortem examinations, autopsies, and preparing post-mortem reports, they provide medical evidence that is crucial for the investigation and criminal evidence process in court.
TINJAUAN UMUM TENTANG PERTANGGUNGJAWABAN KEJAHATAN DAN PIJAKAN KRIMINAL ANAK Okprianti, Reny; Emilson, Nur Husni; Kusmayadi, Fadiah Adilah; Abellia, Grevina Tasya; Ika, Holidiansyah Marsya; Mayasari, Artanti
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2002

Abstract

As time goes by, the challenges in raising and nurturing children are becoming increasingly complex. Cases of juvenile delinquency leading to dangerous behavior are becoming more frequent, such as student brawls, drug abuse, bullying, and promiscuity that can lead to pregnancy and abortion. This study employs a normative approach. The context of children in conflict with the law is crucial for distinguishing criminal liability for children from that for adults. This is because while all actions by adults constitute crimes, they constitute delinquency for children. This study identified challenges in the implementation of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), such as a lack of understanding among law enforcement officials about the concept of restorative justice and a lack of rehabilitation facilities in the regions. The results of this study emphasize the important role of families, schools, and communities in preventing criminal acts by children and the need to optimize diversification and rehabilitation policies.
REFORMASI PERUBAHAN PIDANA MENJADI TUNTUTAN DEMOKRASI PENEGAKAN HUKUMAN DM, M. Yusuf; Syahputra, Ridho Alfian; Basir, Reymon; Kusuma, Wira Adi; Ganti, Buyung; Setiyawan, Muhammad Habib Kevin
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2007

Abstract

Criminal law reform in Indonesia has emerged as a pressing demand in line with the development of democratic principles and the need to enforce the law fairly and effectively. Changes in the criminal justice system are not merely adjustments to legal norms but also reflect society’s aspirations for justice, the protection of human rights, and the accountability of law enforcement authorities. This article analyzes the direction of criminal law reform, emphasizing the importance of democratizing law enforcement processes, including the modernization of criminal regulations, the application of the due process of law principle, and the enhancement of judicial institutions’ roles in ensuring legal certainty and protecting individual rights. Criminal law reform in Indonesia also requires an evaluation of law enforcement procedures that have historically been repressive and less responsive to democratic principles. This includes revising criminal laws, strengthening oversight mechanisms for law enforcement officers, and implementing a restorative justice approach that emphasizes both offender rehabilitation and victim recovery. The study shows that democratizing criminal law enforcement requires not only legislative changes but also a shift in legal culture, increased transparency, and public participation in the legal process. Moreover, this article highlights challenges arising in criminal law reform, such as bureaucratic resistance, disparities in access to justice, and potential conflicts between security needs and the protection of individual rights. Addressing these challenges requires comprehensive strategies, including legal education for the public, professional training for law enforcement officers, and the strengthening of independent oversight institutions. The overall process of criminal law reform based on democratic principles is expected to enhance the legitimacy of the criminal justice system, reduce crime rates, and create a more just and civilized society.
PERUBAHAN PIDANA DARI KUHP LAMA KE BARU SALAH SATU ADALAH REFORMASI PENEGAKAN HUKUM DM, M. Yusuf; Sebayang, Boby Putra Ramadhan; Zulkarnaini; Turnip, Ridho Wira; Saputra, Herman
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2008

Abstract

Criminal law reform in Indonesia marks a significant shift from the old Penal Code (KUHP) to the new KUHP, aimed at strengthening law enforcement, ensuring legal certainty, and protecting human rights (HR). This reform reflects the necessity of a modern criminal justice system that is responsive to democratic demands and oriented towards substantive justice. One of the main aspects of the reform is the emphasis on progressive legal principles, including the protection of human rights during law enforcement processes and recognition of victims' rights. The new KUHP introduces more diversified punishment mechanisms, alternative criminal resolutions, and clearer provisions regarding criminal liability, including for corporate crimes. The reform underscores the importance of balancing state interests with individual protection within the criminal justice system. Thus, law enforcement focuses not only on repressive aspects but also on preventive, restorative, and rehabilitative measures. This study highlights the transformation of criminal norms, changes in legal structures, and the practical impact of the new KUHP on law enforcement practices in Indonesia. The analysis employs normative and descriptive juridical approaches, examining amended, deleted, or added articles and their implications for criminal justice institutions, including the police, prosecutors, courts, and correctional facilities. The results indicate that KUHP reform not only updates legal norms but also shifts the paradigm of law enforcement towards a more humane and democratic approach. Implementation challenges, such as law enforcement capacity, public awareness, and harmonization with other regulations, are crucial factors determining the effectiveness of this reform. In conclusion, the new KUHP represents a significant milestone in establishing a fair, transparent criminal law system oriented towards human rights protection, while simultaneously strengthening the legitimacy of law enforcement in Indonesia.
KEWENANGAN PENENTUAN STATUS GANGGUAN JIWA PADA PELAKU TINDAK PIDANA DALAM PROSES PENYIDIKAN Hendra, David; Afrita, Indra; Putra, Tri Anggara
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2014

Abstract

The determination of mental disorder status of criminal offenders constitutes a crucial aspect in the investigation process, as it directly relates to criminal responsibility and the protection of human rights. In the investigative practices of the Criminal Investigation Unit (Satreskrim) of Pekanbaru City Police, investigators’ authority in determining the mental condition of suspects often encounters normative and practical limitations, particularly in coordination with medical professionals and mental health institutions. This study aims to analyze the authority of investigators in determining the mental disorder status of criminal offenders and to examine its implementation during the investigation process. This research employs a sociological legal research method, using an empirical approach that views law as social behavior. Data were collected through literature review of statutory regulations and criminal law doctrines, as well as interviews with investigators of Satreskrim Polresta Pekanbaru and related parties. The findings indicate that investigators do not possess the authority to independently determine a suspect’s mental disorder status; such determination must be conducted by authorized medical professionals upon the investigator’s request. However, in practice, several obstacles persist, including limited facilities, complex administrative procedures, and insufficient understanding among suspects and their families regarding psychiatric examination processes. Therefore, regulatory strengthening, enhanced inter-sectoral coordination, and capacity building for investigators are necessary to ensure legal certainty, justice, and the protection of human rights in the investigation process.

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