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Wahyu Mutajab
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Journal Evidence Of Law
Published by CV. Era Digital Nusantara
ISSN : 28303350     EISSN : 28285301     DOI : 10.59066/jel
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Journal Evidence Of Law merupakan jurnal yang diterbitkan oleh CV. Era Digital Nusantara, terbit secara berkala 3 kali dalam 1 tahun sejak tahun 2022 pada bulan Januari, Mei dan Septemeber dengan ISSN Print: 2830-3350 , ISSN Online:2828-5301 berbahasa Indonesia dan berbahasa Inggris. Journal Evidence Of Law menerima naskah tulisan baik hasil pemikiran normatif maupun hasil penelitian empiris, dengan cakupan dibidang hukum pidana, hukum perdata, hukum tata negara/hukum administrasi negara, hukum internasional, hukum Islam, hukum lingkungan, hukum pemerintahan daerah dan Hukum Pemerintahan Desa maupun hukum adat.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 277 Documents
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Konsep Kebijakan Penanggulangan Kasus Teroris Dr. Azhari di Indonesia serta Peristiwa Penghancuran Menara Kembar WTC Amerika Serikat 9/11 Dihubungkan dengan Penguatan Pertahanan NKRI dan Bela Negara Nasir, Tomi Khoyron; Afdhali, Dino Rizka; Wahyudi, Slamet Tri
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.928

Abstract

Terrorism is increasingly attracting public attention, especially with the existence of action of world terrorism that have occurred in several countries, one of which is the United States where the destruction of the twin towers on 9/11 occurred and became the forerunner of terrorist acts in Indonesia. To deal with the issue of national security, building awareness of national defense is one solution that can be done to anticipate terrorist acts occurring in the future. This article discusses the urgency of the Indonesian government to increase awareness of national defense and national defense in overcoming the problem of terrorist acts. The research approach method uses a normative juridical method with a legislative approach and a conceptual approach to examine the problem of terrorist acts in Indonesia. The data source for writing this article comes from a literature study whose sources come from books, papers, and journals related to the law on eradicating terrorism. In making this article, the author discusses how the ideality of handling terror acts in Indonesia over the collapse of the twin towers of 9/11 in the United States and the Dr. Azhari bomb case is connected to the improvement of the defense nation of the Republic Indonesia. The results of this study explain that through increasing awareness of defending the country and national defense, society can be more prepared and able to face the threat of terrorism and build a stronger and more stable Indonesia.
Perlindungan Hukum bagi Pihak Ketiga atas Sertifikat Hak Milik Tanah yang Dijadikan Jaminan Kredit Musyarif, Muhammad Abdul Hakim Aliy Ainun; Lyanthi, Merline Eva
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.936

Abstract

This writing journal aims to study and find out the legal protection obtained by third parties as owners of land ownership certificates as replacement collateral for debtors at the bank. The problem taken in this journal is: How is Legal Protection for Mortgage Owners as Replacement Collateral by Debtors in Banks. This journal research uses a normative juridical approach method with the writing reference being positive legal rules in Indonesia. After that, carry out a normative analysis and use legal materials such as the 1945 Constitution, the Civil Code, statutory regulations, mortgage rights, legal expert opinions, and related concepts. This research is expected to focus on legal protection for third parties as owners of collateral/replacement collateral guaranteed by debtors, as positive legal provisions and debtor settlements harm third parties as owners of replacement objects. So it can be concluded in this paper that there are no provisions that prohibit other parties or third parties (other than creditors and debtors) from pledging their objects, but the owner of the collateral object is prone to being harmed. If another party as the owner of the collateral object feels that their rights have been violated, they will receive legal protection, both criminal and civil, and can be pursued through litigation or non-litigation.
The Concept Of Liability As Legal Protection For Notaries Exercising Authority In Indonesia Kirana, Claradyta; Maryano, Maryano; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.937

Abstract

This research examines the legal protection for notaries in exercising their authority, especially when there are allegations of errors in making deeds that can have an impact on criminal or civil lawsuits. The phenomenon of increasing lawsuit cases against notaries indicates the existence of legal uncertainty in this profession, which encourages the urgency of formulating a clearer concept of legal protection. Using the theory of liability, this research analyses the limits of notary responsibility as well as the concept of legal protection that can provide prevention against unfounded claims. This research uses normative legal research methods with statutory, case, and conceptual approaches. The results show that notaries need legal protection that can balance their duties and authorities, especially in relation to the limits of liability and the application of liability. The proposed concept of legal protection covers two aspects, namely preventive and repressive, to ensure that notaries can perform their duties independently and are safe from excessive legal threats. The conclusion of this research is expected to contribute to the formation of legal policies that strengthen protection for notaries and clarify the role of the state in providing guarantees to the integrity of the notary profession in Indonesia.
Death Penalty For Drug Traffickers: A Legal and Human Rights Perspective Supono, Supono; Kristiawanto, Kristiawanto; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.938

Abstract

The increase in drug abuse cases in Indonesia has placed the death penalty for dealers as one of the instruments of criminal law policy. Although the death penalty aims to provide a deterrent effect and justice, this policy has drawn criticism because it is considered contrary to the principles of human rights (HAM) and has the potential to create disparities in its application. This research analyses the application of the death penalty from the perspective of absolute, relative, and combined punishment theories, as well as evaluating its effectiveness in handling narcotics cases. The results show that the application of the death penalty needs to be reconsidered, especially for non-violent offenders, by prioritising rehabilitation and prevention approaches. A combination of legal and rehabilitation strategies is needed to minimise the use of the death penalty, accompanied by continuous monitoring and evaluation to ensure transparency and accountability in law enforcement. This research recommends more sustainable policy alternatives, in line with human rights values and social justice.
Juvenile Offenders and Criminal Sanctions: A Legal Perspektive on Child Perpetrators Of Violence Ningsih, Eci Marisna; Maryano, Maryano; Akkapin , Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.939

Abstract

This research aims to analyze criminal sanctions applied to child perpetrators of violence in Indonesia with a focus on aspects of rehabilitation and child protection. Using a qualitative approach, this study found that criminal sanctions for children are not only oriented towards punishment but also towards recovery and social reintegration. Factors that cause violence, such as family background and social environment, contribute to children's behavior. The results of this study indicate the need for a comprehensive approach to law enforcement and efforts to prevent violence among children. This research recommends improving rehabilitation programs and more effective legal protection for children in conflict with the law..
Domestic Violence Crimes: Legal Sanctions and Implication Anwar, Mohamad; Shodiq, Md.; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.940

Abstract

This article discusses the application of criminal sanctions against perpetrators of domestic violence (KDRT) according to Law No. 23/2004 on the Elimination of Domestic Violence. Criminal sanctions are not only aimed at providing a deterrent effect to perpetrators but also as a form of legal protection for victims. This article also discusses the relevance of the concept of restorative justice as an alternative resolution in domestic violence cases to achieve balanced justice. The method used is descriptive-analytical with a normative approach, analyzing the application of law and the effectiveness of sanctions.
Juridical Review of Alternative Business Dispute Resolution as a Form of Consumer Rights Protection Hidayat Sumarna, Muhammad; Djunaedi, O.; Rattanapun, Supot
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.941

Abstract

The settlement of business disputes between consumers and business actors is an increasingly crucial issue along with the increasing complexity of transactions in the digital era and global economy. The purpose of this research is to analyze the role of the Consumer Dispute Resolution Agency (BPSK) in supporting alternative business dispute resolution as an effort to protect consumer rights in Indonesia and analyze the effectiveness of alternative business dispute resolution in protecting consumer rights in Indonesia. The method used in this research is normative juridical research. The results showed that BPSK plays an important role in providing more effective alternative dispute resolution for Indonesian consumers through mediation, conciliation, and arbitration mechanisms that are friendly, fast, and affordable. Through this approach, BPSK supports the protection of consumer rights and encourages fair and responsible business practices among business actors. The effectiveness of alternative business dispute resolution also creates flexible and efficient solutions, addressing consumer justice needs in a cheaper and faster way. Despite some challenges, ADR provides a favorable solution for consumers and businesses in resolving business disputes..
The Role Of Constitutional Law in Regional Autonomy Deltanto Sarwi Diatmiko, Raden; Djunaedi, O.; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.942

Abstract

This research aims to analyse the influence of constitutional law foundations on the implementation of regional autonomy policies in Indonesia. Using a normative legal research methodology with a statutory approach, this study examines the legal norms governing regional autonomy as well as analyses the authority between the central and regional governments. The results show that the clarity of legal regulations contributes significantly to the effectiveness of regional autonomy, while overlapping authority and weak monitoring mechanisms are obstacles. This study concludes that strengthening regulations and public participation are essential to improve the successful implementation of regional autonomy policies.
The Position Of Human Rights in Indonesia Constitutional Law Bahrain, Bahrain; Susanto, Deny; Darodjat , Tubagus Achmad
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.943

Abstract

This study aims to evaluate the position of human rights in Indonesian constitutional law, as well as identify challenges and solutions in the implementation of human rights protection based on the provisions in the 1945 Constitution of the Republic of Indonesia and related laws and regulations. The method used is normative research with a qualitative descriptive approach, which focuses on analysing primary, secondary, and tertiary legal materials. The results show that although Indonesia has regulated human rights constitutionally, the implementation of its protection is still constrained by the weakness of law enforcement institutions, limited resources, and political dynamics. In addition, state institutions that play a role in handling human rights violations such as the National Human Rights Commission and the Human Rights Court have limited authority that reduces their effectiveness. This study suggests that law enforcement agencies be strengthened and given greater authority to deal with human rights violations, as well as the importance of increasing public awareness and legal apparatus regarding the importance of human rights protection.
The Role Of The Investigative Audit Report Of The Supreme Audit Agency In Proving Corruption Hendri, Fahzal; Maryano, Maryano; Nara, Vicheth
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.945

Abstract

This study aims to analyze the factors that influence corruption in Indonesia, as well as the role of the Supreme Audit Agency (BPK) in law enforcement and state financial management. Using a qualitative approach and normative legal analysis, this research finds that corruption has various forms and typologies regulated in Law No. 31 of 1999. BPK plays an important role in identifying state losses through the Audit Report (LHP), which serves as evidence in handling corruption cases. This research recommends improvements in the legal system and capacity building of the BPK as well as cooperation with law enforcement officials to effectively achieve the goal of eradicating corruption

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