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Advokasi Hukum & Demokrasi
Published by Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun
ISSN : -     EISSN : 30250862     DOI : 10.61234
Core Subject : Humanities, Education, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Other
Advokasi Hukum & Demokrasi (AHD) adalah Jurnal ilmiah dengan fokus dan skop penelitian dan pengabdian masyrakat bidang ilmu hukum, hukum pidana, hukum perdata, politik dan demokrasi, hukum bisnis dan hukum lingkungan. Diterbitkan oleh Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun. Jurnal ini diterbitkan dua kali dalam satu tahun yaitu pada bulan Agustus dan Februari. Jurnal Advokasi Hukum & Demokrasi (AHD) melakukan proses peer review secara tertutup pada naskah yang diterima. E-ISSN 3025-0862
Arjuna Subject : Ilmu Sosial - Hukum
Articles 43 Documents
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Analisis Perkawinan Beda Agama dalam Perspektif Hukum Islam Dan UU tentang Perkawinan Berdasarkan UU Nomor 1 Tahun 1974 Dan UUNomor 16 Tahun 2019: Studi Kasus Putusan PN JAKARTA SELATAN Nomor.340/Pdt.P/2021/PN JKT.SEL Ayu Gusnaety; Benjamin Lemta Luntungan
Advokasi Hukum & Demokrasi (AHD) Vol. 3 No. 1 (2025): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v3i1.86

Abstract

The main problem in this study is that there are still many people who have entered into interfaith marriages but have not submitted a marriage determination letter to the District Court. The purpose of this study is to explain the regulation of interfaith marriages according to Law Number 1 of 1974 and Law Number 16 of 2019 and to explain the legal basis and considerations of the Judge in granting or rejecting an application for interfaith marriage. The research method used is a qualitative method by analyzing the determination of court decisions. From decision Number 340 / Pdt.P / 2021 / PN JKT.SEL, an application for interfaith marriage permits was not granted by the South Jakarta District Court. Considering, that based on the posita of the application of the applicants who have entered into a Catholic marriage in this case the Judge is of the opinion that the arguments of the Applicants' application are contradictory and do not support each other with the petitum of the application. The Judge makes decisions objectively so that there is no social inequality between people who have interfaith marriages in Indonesia. Interfaith marriage is forbidden in Islamic law and also other religious laws, therefore, there needs to be a positive response from scholars and other religious figures to further increase the belief regarding the prohibition of interfaith marriage. It is better if marriage is carried out between people of the same religion.
Analisa Hukum Penggugat Menuntut Satu Satunya Ahli Waris dan Warisan di Pengadilan Negeri (Perkara No. 593/Pdt. G/2021/PN.Sby) Ginah Supriati; Iwan Saputra
Advokasi Hukum & Demokrasi (AHD) Vol. 3 No. 1 (2025): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v3i1.87

Abstract

This study discusses the application of the principle of saisine in Indonesian civil inheritance law, with a case study of Decision No. 593/Pdt.G/2021/PN.Sby. Based on Article 834 of the Burgerlijk Wetboek (B.W.), an heir has the right to claim the entirety of the inheritance property possessed by another party. The aim of this research is to examine the legal basis, the plaintiff’s arguments, and the judge’s considerations in determining the validity of the sole heir status. The research method employed is normative juridical with a case study approach. The results indicate that the plaintiff is entitled to the entire inheritance after being legally proven as the sole heir, through the application of the saisine principle and the provisions regarding the capacity to inherit as stipulated in Articles 838 and 912 of the B.W.
Studi Kasus Tindak Pidana Penganiyaan Dari Pasal 351 Kitab Undang-Undang Hukum Pidana: Studi Kasus Perkara Keputusan yang Berkeadilan 689/Pid.B/2018/PN Jkt. Sel Budi Santoso; D Andry Effendy
Advokasi Hukum & Demokrasi (AHD) Vol. 3 No. 2 (2025): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v3i2.88

Abstract

This research aims to uncover evidence of the criminal act of persecution (assault) and to conduct a juridical analysis of the judge's decision in a criminal case, as outlined in Decision Number: 689/Pid.B/2018/PN Jkt. Sel. Criminal law is one of the legal instruments that governs societal life, particularly in determining which acts are categorized as criminal offenses and the appropriate sanctions for perpetrators. The primary goal of law is to uphold justice in order to establish public order and peace. Based on this understanding, actions that violate the law and deviate from established norms are classified as criminal acts of persecution, as regulated under Article 351 of the Indonesian Penal Code (KUHP). In this study, the act of persecution discussed is not an ordinary one, but rather a form committed by an offender who abused their official position, which constitutes an aggravating circumstance in sentencing. The court decision in this case is closely related to the application of Article 351 of the Penal Code. This study employs a normative juridical approach, utilizing primary, secondary, and tertiary legal sources. Data collection was carried out through document analysis or library research. The method of data analysis used is legal interpretation, particularly through systematic interpretation. The results of the study conclude that the evidence of the criminal act of persecution in case Number: 689/Pid.B/2018/PN Jkt. Sel. is in accordance with the provisions stipulated in Article 351 of the Penal Code. This conclusion is based on legal considerations drawn from facts revealed during the trial, which served as the basis for the judge’s ruling.
Kebijakan Penegakan Hukum Pidana dalam Penanggulangan Perjudian Online Ditinjau dari Undang-Undang Republik Indonesia No 19 Tahun 2016 Tentang Informasi dan Transaksi Elektronik Muhammad Sahid; Drajat Wahyu Sasongko
Advokasi Hukum & Demokrasi (AHD) Vol. 3 No. 2 (2025): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v3i2.92

Abstract

This thesis Criminal Law Enforcement Policies in Combating Online Gambling in View of the Law of the Republic of Indonesia Number 19 of 2016 Concerning Information and Electronic Transactions. The rapid development of technology at this time is a great opportunity for criminals to commit crimes. The crime of gambling has now entered the world of the Internet, which is now known as online gambling. In reducing the crime rate of online gambling, it is necessary to know how law enforcement policies deal with online gambling crimes and what are the obstacles for law enforcement to tackle online gambling crimes. Writing this thesis uses the Normative Juridical Law Research method which is descriptive in nature so it does not intend to test hypotheses. There are two efforts to deal with online gambling, the first is preventive in nature, namely efforts to give appeals and carry out surveillance in cyberspace using Internet media. The second countermeasures are repressive, namely making arrests, processing, then filing to court and imposing criminal sanctions in accordance with Article 45 paragraph (2) of the ITE Law, Article 303 and Article 303 bis of the Criminal Code. Based on the results of this study, the authors provide suggestions: 1. It is necessary to increase law enforcement capabilities by upgrading knowledge of IT-based technologies. 2. It is hoped that law enforcers will be more progressive in eradicating online gambling crimes, in the case of online gambling, the authorities can massively block online gambling sites, by doing so, of course, this will minimize existing problems.
Pelaksanaan Peraturan Bupati Tulang Bawang Barat Nomor 24 Tahun 2016 tentang Program Bantuan Pendidikan Agustam Maroba; Zaenal Arifin
Advokasi Hukum & Demokrasi (AHD) Vol. 3 No. 2 (2025): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v3i2.100

Abstract

The current state of education in Tulang Bawang Barat Regency is certainly far from ideal, with many high school graduates unable to continue their education. The primary reason is cost. According to data from the Central Statistics Agency (BPS), in the 2014/2015 publication year, there were 4,032 high school/vocational high school/Islamic high school (SMA/SMK/MA) students in Tulang Bawang Barat Regency, but only 3.56% of them continued on to state universities. Therefore, Tulang Bawang Barat Regent Regulation No. 24 of 2016 concerning the Education Assistance Program was enacted to facilitate students' continued education at state universities. The research question is how Tulang Bawang Barat Regent Regulation No. 24 of 2016 concerning the Education Assistance Program is being implemented and the factors hindering its implementation. Tulang Bawang Barat Regent Regulation No. 24 of 2016 concerning the Education Assistance Program has been successfully implemented. Although several student respondents in the study acknowledged that several inhibiting factors remain, these are due to the widespread delays in providing educational assistance across regional government agencies, particularly delays in disbursing funds, particularly housing funds. The Tulang Bawang Barat Regency Government must prioritize funds related to the implementation of the Educational Assistance Program, which aims to ensure its smooth implementation.
Pertanggung Jawaban Notaris terhadap Akta Otentik Yang Dibuat Dihadapannya : Studi Kasus Putusan Nomor 247/Pdt.G/2021/PN Ckr Dodi Sudirman; Maman Suparman
Advokasi Hukum & Demokrasi (AHD) Vol. 3 No. 2 (2025): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v3i2.101

Abstract

Notaries in carrying out their duties and responsibilities are required to always apply the precautionary principle. This is intended so that notaries can provide the best service to the public. Apart from that, notaries who do not apply the precautionary principle may be subject to sanctions. The large number of notaries makes competition between notaries increasingly fierce and sometimes makes notaries less careful in carrying out their profession. Therefore, the emergence of this short article is an attempt to review the main issue, namely how the Notary is responsible for authentic deeds made by or in front of him. The type of research used in this research is normative juridical, namely a research method that examines and analyzes secondary data. The research results show that authentic deeds as a Notary product have very strong legal force as evidence in court, therefore the preparation of authentic deeds must be accountable if there are errors in their writing. Thus, making an authentic deed must be accountable.
Studi Kasus Tindak Pidana Penipuan Ditinjau Dari Pasal 378 Kitab Undang-Undang Hukum Pidana: Perkara No. 548/Pid.B/2021/PN JKT.SEL Agung Riyanto; RD. Yudi Anton Rikmadani
Advokasi Hukum & Demokrasi (AHD) Vol. 3 No. 2 (2025): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v3i2.102

Abstract

This study is to find out the proof of the crime of fraud and to find out the juridical analysis of the judge's decision on the crime of fraud in adjudicating the crime of fraud based on the decision Number: 548/Pid.B/2021/PN JKT.SEL. One of the laws that regulate social life is criminal law, which regulates all legal rules that determine what regulations against perpetrators of crimes should be imposed on perpetrators. Because basically the purpose of law is to uphold justice so that public order and peace can be realized. From the above description concerning acts or actions that violate the law and are not in accordance with the norms (laws) that have been established, it is a criminal act of fraud as regulated in Article 378 of the Criminal Code. As for this research, it is not an ordinary fraud but a fraud carried out by means of the position given to him so that it can be more burdensome for the perpetrators of criminal acts. In this decision, which is a decision on a criminal case of fraud, is it significant with article 378 of the Criminal Code. This research uses normative juridical research. The sources of legal materials used are primary legal materials and secondary legal materials and tertiary legal materials, and the technique of collecting legal materials in this study is a document or literature research technique (library research). The tool used to collect data in this research is a literature study, the data analysis used is by means of analysis of the interpretation method / legal interpretation in the form of systematic interpretation. Based on the results of the study, conclusions were obtained, namely: Proof of criminal fraud against cases with Number 548/Pid.B/2021/PN JKT.SEL. it is in accordance with the formulation of Article 378 of the Criminal Code regarding fraud, through juridical considerations based on the factors revealed in the trial and the facts that are used as the basis for consideration to make a decision against the.
Pertanggungjawaban Pidana Terhadap Penyalahgunaan Kecerdasan Buatan (Artificial Intelligence) dalam Tindak Kejahatan Digital di Indonesia Yoel Bessoran
Advokasi Hukum & Demokrasi (AHD) Vol. 4 No. 1 (2026): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v4i1.108

Abstract

This study analyzes the phenomenon of artificial intelligence based digital crime in Indonesia during the period 2023 to 2026, with a focus on deepfake, voice cloning, digital fraud, and the misuse of autonomous algorithms. The study employs a normative juridical approach combined with empirical case analysis to evaluate criminal liability mechanisms, challenges in legal implementation, as well as the roles of corporations and end users in the dissemination of harmful digital content. The results show that artificial intelligence functions as a mediator of complex crimes, therefore existing regulations, including the Criminal Code, the Electronic Information and Transactions Law, and the Personal Data Protection Law, are not yet adequate to effectively enforce criminal liability. The phenomena of non consensual deepfake, voice phishing, and image manipulation create legal gaps that require regulatory reform and adaptive models of legal responsibility. This study emphasizes the importance of combining individual and corporate liability, the application of risk based liability and vicarious liability principles, as well as internal supervision and risk mitigation among AI platform developers. In addition, cross institutional coordination, integration of digital forensic technology, and public education are key to successful investigation and law enforcement. These findings provide implications for national policy reform, strengthening corporate ethical standards, and strategies to prevent the misuse of artificial intelligence, while also highlighting the urgency of adapting legal frameworks to continuously evolving digital technologies. Therefore, this study contributes to the development of a more comprehensive legal and policy framework to address artificial intelligence based digital crime in Indonesia.
Penegakan Hukum Pidana Terhadap Pelanggaran Hak Cipta di Era Digital Berdasarkan Undang-Undang Hak Cipta di Indonesia Rahman Zulkarnaen
Advokasi Hukum & Demokrasi (AHD) Vol. 4 No. 1 (2026): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v4i1.109

Abstract

The development of digital technology has brought a significant impact on the increase of copyright infringement in Indonesia. This study aims to analyze criminal law enforcement against copyright violations in the digital era and to identify the challenges faced in its implementation. The research method used is normative juridical with a statutory approach and a conceptual approach, supported by a literature study from various primary and secondary legal sources. The results show that forms of copyright infringement in the digital era are increasingly diverse, including digital piracy, re uploading content without permission, illegal distribution through digital platforms, as well as the misuse of technologies such as artificial intelligence and deepfake. Although Law Number 28 of 2014 concerning Copyright has explicitly regulated criminal sanctions, the effectiveness of law enforcement still faces various obstacles, such as difficulties in digital evidence, the anonymity of perpetrators, and jurisdictional limitations due to the cross border nature of the internet. In addition, the low level of public legal awareness further exacerbates the situation. Therefore, adaptive regulatory reform, strengthened cross sector collaboration, and increased public legal literacy are required to support more effective law enforcement. This study is expected to contribute to the development of legal policies related to copyright protection in the digital era.
Analisis Yuridis Terhadap Alih Fungsi Lahan Pertanian Ke Non-Pertanian dalam Perspektif Perlindungan Lahan Pangan Berkelanjutan Ryan Sindhu Pratama
Advokasi Hukum & Demokrasi (AHD) Vol. 4 No. 1 (2026): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v4i1.110

Abstract

The conversion of agricultural land into non-agricultural land in Indonesia has increased significantly over the past five years, affecting food security, the environment, and socio-economic sustainability. This study aims to analyze the juridical aspects of such land conversion, evaluate the effectiveness of national and regional regulations, and review Supreme Court decisions related to disputes over the conversion of agricultural land. The research method employs a normative juridical approach through literature study, analysis of current legislation including Law No. 11 of 2020 on Job Creation, the Basic Agrarian Law, and relevant ministerial regulations, as well as recent court decisions. The results show that although regulations exist to protect sustainable food agricultural land, there are still legal gaps that allow uncontrolled land conversion. Law enforcement and supervision of regulatory implementation remain weak, therefore stronger policy integration and stricter enforcement of legal sanctions are required. This study provides recommendations to strengthen the protection of sustainable food agricultural land through technology-based monitoring, harmonization of national and regional regulations, and public education on the importance of preserving agricultural land.

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