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Arif Syafi'ur Rochman
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INDONESIA
Law and Humanity
Published by Universitas Wijaya Putra Surabaya
ISSN : -     EISSN : 29879191     DOI : 10.37504
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Magister Hukum (Law and Humanity) Universitas Wijaya Putra adalah media publikasi online khusus keilmuan di bidang hukum baik hukum pidana maupun hukum perdata bagi para pakar, akademisi, praktisi, pejabat negara, lembaga swadaya masyarakat, dan pemerhati hukum tata negara untuk menyebarluaskan hasil penelitian atau kajian konseptual tentang konstitusi dan topik-topik hukum tata negara yang belum dipublikasikan di tempat lain.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 90 Documents
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THE PROTECTION OF PRISONERS OF WAR IN THE ISRAEL-PALESTINE CONFLICT BASED ON INTERNATIONAL HUMANITARIAN LAW AND ISLAMIC LAW Hira Syaud Jawanta
Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i3.658

Abstract

This study examines the treatment of prisoners of war (POWs) in the Israel-Palestine conflict through the frameworks of International Humanitarian Law (IHL) and Islamic law. Both legal systems emphasize humane treatment for POWs; however, reports indicate severe rights violations against Palestinian detainees in Israel, including torture and inhumane conditions. Conversely, Hamas is reported to treat POWs by relatively higher standards. By integrating IHL and Islamic principles, this research provides a novel perspective on legal and ethical dimensions in POW treatment amid a prolonged conflict. Findings underscore the urgent need for enforcing humane standards to curb human rights abuses. Although based on secondary data, the study emphasizes the importance of further primary-source research and calls for enhanced international monitoring and strict adherence to IHL to ensure legal protections for POWs in active conflict zones.
Kewenangan Mahkamah Agung dalam Publikasi Pada Putusan Perkara Privat Vernita Kusuma Ningrum; Hufron Hufron
Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i3.659

Abstract

This study examines the Supreme Court's authority to publish rulings on private cases and its impact on individuals' privacy rights. This authority, framed by transparency and data protection principles, is grounded in the right to public information per the Indonesian Constitution and Law No. 14 of 2008. However, publishing decisions in sensitive cases, such as divorce and domestic violence, risks violating individual privacy. This research addresses the urgent need to balance transparency and privacy by analyzing the legal basis and limitations on the Court’s authority. Through normative legal methods and legislative analysis, this study reviews key guidelines, including Supreme Court Decision No. 2-144/KMA/SK/VIII/2022, to recommend privacy protections for sensitive information in judicial rulings. Findings indicate that, despite a general obligation to disclose court decisions, exceptions must be made for sensitive data to safeguard privacy, contributing to a nuanced approach to judicial transparency.
Penegakan Hukum Pidana Terhadap Kelalaian Pengemudi Kendaraan Bermotor yang Mengakibatkan Kecelakaan Lalu Lintas Sulanjar Tri Setiawan; Suwarno Abadi; Rihantoro Bayu Aji
Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i3.660

Abstract

One of the traffic problems in Indonesia is the high number of road accidents caused by driver negligence. Therefore, law enforcement is one of the efforts to address the problem of road accidents. In current practice, traffic law enforcement does not only refer to criminal sanctions as in Law Number 22 Year 2009 on Road Traffic and Transport, but also uses restorative justice methods. This article discusses how the law is enforced in relation to traffic offences caused by the negligence of drivers who cause traffic accidents, and the obstacles in enforcing the law. This is legal research with statute and conceptual approach. The results revealed that law enforcement against negligence of motor vehicle drivers resulting in accidents is conducted with a repressive approach through restorative justice based on police discretionary authority granted through the Police Law. Specifically, the restorative justice approach is regulated through Regulation of the Chief of the Indonesian National Police Number 8 of 2021 concerning the handling of criminal acts based on restorative justice. However, its application is hindered by legal obstacles such as legal problem, law enforcers, citizen and culture. It is therefore necessary to enhance the capabilities and qualifications of law enforcement personnel in accordance with their respective areas of responsibility. This may be achieved through formal education or specialised training, with the objective of facilitating law enforcement through a restorative justice approach.
Analisis Pemaafan Hakim Ditinjau dari Ringannya Perbuatan Yang Dilakukan Oleh Anak Annisa Nur Fadillah Syahputra; Erny Herlin Setyorini
Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i3.661

Abstract

Article 70 of Law Number 11 Year 2012 regulates the forgiveness of judges, but in the Explanation section, there is no more detailed provisions regarding the explanation of the article, especially on the meaning of the article. More detailed provisions regarding the explanation of the article, especially on the meaning of “the severity of the act”, thus creating legal uncertainty. The method in this writing is normative legal research with a statutory approach and Conceptual Approach. The purpose of the research is to understand and analyze what is meant by the severity of the act as the basis for the judge's consideration in giving an excuse decision. The results showed that by considering the criminal punishment against child offenders, then Article 70 of the SPPA Law, especially the phrase “the lightness of the act”, can be interpreted as a minor criminal offense.
Prinsip Perlindungan Hukum Terhadap Korban Kekerasan Dalam Rumah Tangga Berdasarkan Undang -Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga Moch. Yusuf Bachtiar; Suwarno Abadi
Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i3.662

Abstract

Domestic violence (DV) represents a significant legal issue in Indonesia. Indonesia has enacted legislation, namely Law Number 23 Year 2004 on the Elimination of Domestic Violence, with the objective of providing protection for victims of domestic violence. In recent times, there has been a shift towards a restorative justice and penal mediation-based approach to resolving domestic violence cases. This article will examine the legal protection of victims of domestic violence in accordance with the aforementioned legislation, as well as the settlement of domestic violence cases through penal mediation at Surabaya Police Station. This is legal research with statute and conceptual approach. The results revealed that the legal protection granted to victims of domestic violence through Law Number 23 Year 2004 on the Elimination of Domestic Violence encompasses three forms of protection are as follows: 1.) external protection, 2.) legal protection through repressive action and 3.) curative protection. Criminal acts of domestic violence are settled through penal mediation and restoratife justice at the Surabaya Police Station. Currently, two criminal offence settlements are based on the National Police Chief Regulation. It is recommended that penal mediation and restorative justice be regulated in the form of rules in the form of laws in the future.
Peran PPATK Dalam Mengungkap Tindak Pidana Pencucian Uang Hasil Dari Tindak Pidana Korupsi Firzatul Rima Fitriana; Nuryanto A. Daim
Law and Humanity Vol 3 No 1 (2025): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v3i1.705

Abstract

The Financial Transaction Reports and Analysis Center (PPATK) plays a strategic role in uncovering money laundering crimes (TPPU) originating from corruption offenses (tipikor) in Indonesia. As a financial intelligence institution, PPATK is responsible for detecting, analyzing, and reporting suspicious financial transactions often used to obscure the proceeds of corruption. This article explores PPATK's role within the domestic context, including the receipt and analysis of suspicious transaction reports (STRs), tracing the flow of illicit funds from corruption, and coordinating with law enforcement and relevant national agencies. The main challenges faced by PPATK include low compliance in reporting by financial institutions, limited access to specific transaction data, and gaps in regulatory implementation. Through policy analysis and domestic case studies, this article emphasizes the importance of strengthening PPATK's capacity by optimizing technology, enhancing regulations, and fostering inter-agency cooperation at the national level. These efforts are expected to support the creation of a more transparent and accountable financial system in Indonesia.
Analisis Penerapan Prinsip Keadilan dalam Pemberian Hukuman pada Kasus Tindak Pidana Korupsi Berdasarkan Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi Krisnawati Krisnawati; Rihantoro Bayu Aji
Law and Humanity Vol 3 No 1 (2025): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v3i1.706

Abstract

This research aims to analyze the application of the principles of justice in administering sentences in cases of criminal acts of corruption based on Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. Based on a thematic analysis of court decisions, it was found that there were significant disparities in sentences in corruption cases, especially those involving public officials. Factors such as political influence, public pressure, and judges' interpretation of the severity of criminal acts are the main causes of this injustice. In addition, light sentences are often disproportionate to the loss to the state, giving rise to public dissatisfaction and weakening confidence in the justice system. To increase the application of the principles of justice, this research suggests several efforts, including the preparation of more detailed sentencing guidelines, strengthening the independence of judicial institutions, and increasing the transparency of the legal process. These findings show the importance of balancing justice, legal certainty and expediency in administering punishments for corruption cases. Thus, implementing the principles of justice can provide a more effective deterrent effect while restoring public trust in the Indonesian legal system.
Peran Penalaran Hukum Dalam Penegakan Hukum Tindak Pidana Penyalahgunaan Bahan Bakar Minyak Bersubsidi Habibur Rahman; Suwarno Abadi
Law and Humanity Vol 3 No 1 (2025): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v3i1.707

Abstract

Legal reasoning is a logical process essential for determining justice and legal certainty, particularly in criminal cases. This article examines legal reasoning in the context of the misuse of subsidized fuel (BBM), which has become a critical issue in Indonesia. The misuse of subsidized fuel not only causes economic losses to the state but also impedes social justice for communities entitled to such subsidies. Using a normative approach, this article analyzes the application of criminal law to perpetrators of subsidized fuel misuse, referring to existing legislation such as Law Number 22 of 2001 on Oil and Gas. Legal reasoning in this case involves identifying the elements of criminal acts, interpreting legal norms, and applying appropriate criminal sanctions. Furthermore, this article explores the use of deductive, inductive, and analogical reasoning methods in assessing the conformity of perpetrators' actions with applicable legal norms. The analysis results show that proper legal reasoning is necessary to ensure that perpetrators of subsidized fuel misuse are prosecuted fairly and effectively. Consistent law enforcement is also expected to create a deterrent effect and promote the efficient distribution of subsidized fuel to communities in need. This article concludes that legal reasoning plays a crucial role in addressing the complexities of subsidized fuel misuse cases while strengthening the legal system to protect the interests of the state and society.
Penanggulangan Kejahatan Di Bidang Pariwisata Pada Wilayah Hukum Direktorat Pengamanan Objek Vital Kepolisian Daerah Jawa Timur Dwi Rahmanto
Law and Humanity Vol 3 No 1 (2025): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v3i1.708

Abstract

The government has made efforts to develop the tourism sector through various programs, such as developing priority tourist destinations, training tourism human resources, and tourism promotion. The allocation of PEN funds for tourism and the creative economy shows the government's commitment to supporting the recovery and development of this sector. Tourism has an important role in supporting the national economy towards Advanced Indonesia 2024. This sector has great potential to drive economic growth, open up jobs, and improve people's welfare. With government support and joint efforts, tourism can become one of the main drivers of the national economy. This study aims to provide answers regarding the effectiveness and role of the Tourism Police in overcoming crime in the tourism sector in East Java Province. From the results of the study, it can be concluded that reducing security disturbances in securing vital tourism objects will be able to provide a sense of security for travelers so that both foreign and domestic tourists feel safe and comfortable in carrying out their tourism activities. In the long term, high security standards in East Java Province are expected to be able to drive the world-class tourism sector, become the main destination for world tourism after Bali, and can boost the economy of Surabaya in particular and East Java in general. The role of the Tourism Police of the Directorate of Vital Object Security of the East Java Regional Police is very important in maintaining the security and comfort of tourists in East Java expected to be able to drive the world-class tourism sector, become the main destination for world tourism after Bali, and can boost the economy of Surabaya in particular and East Java in general. The role of the Tourism Police of the Directorate of Vital Object Security of the East Java Regional Police is very important in maintaining the security and comfort of tourists in East Java Province which is outlined in several of its work programs so that it is concluded that its performance has been effective, although there are still obstacles such as a lack of personnel or the need to improve foreign language human resources.
Tinjauan Hukum Justice Collaborator Dalam Tindak Pidana Korupsi Aji Lukmansyah
Law and Humanity Vol 3 No 1 (2025): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v3i1.709

Abstract

Criminal acts are very detrimental so that they cannot be ignored, efforts and steps to eradicate criminal acts need to be taken so that the community feels safe. One of the criminal acts that still often occurs in Indonesia and can be said to be quite phenomenal is corruption. Disclosing corruption cases certainly requires considerable courage and the presence of witnesses who know and are even directly or indirectly involved in the case. Witnesses who know directly and are directly involved in the case and dare to report the incident are known as witnesses who cooperate with law enforcement, or are called "Justice Collaborators". The purpose of the study is to determine the position of Justice Collaborators in criminal acts of corruption and to determine the strength of evidence by Justice Collaborators as witnesses in criminal acts of corruption. The specifications used in this study are descriptive analytical. The type of normative legal research used in this study as the main data is secondary data. The data collection method is with literature studies and data analysis with a qualitative approach.

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