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Enigma in Law
Published by Enigma Institute
ISSN : 30266068     EISSN : 30266068     DOI : https://doi.org/10.61996/law
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice
Focus Enigma in Law focused on the development of law fields for human well-being. Scope Enigma in Law publishes articles which encompass all aspects of law fields, especially all type of original articles, review articles, narrative review, meta-analysis, systematic review, mini-reviews and book review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 25 Documents
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Analysis of Substantial Criminal Law Studies Sandi Situmorang
Enigma in Law Vol. 1 No. 1 (2023): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v1i1.11

Abstract

Substantial criminal law analysis is a major and detailed way to examine, comprehend, and enhance significant parts of criminal law. The objective of this analysis is to guarantee that criminal law upholds justice and safeguards the human rights of individuals, encompassing the right to a fair trial, the prohibition of torture, and protection against inhumane treatment. By doing a comprehensive review of criminal legislation, one can pinpoint vulnerabilities, such as ambiguous definitions of criminal crimes and the application of unsuitable penalties. The relevance of criminal law should consistently align with societal shifts, communal principles, and advancements in scientific knowledge. A thorough examination of criminal law is crucial to ensuring that it adjusts to these advancements. The results of this study can be used as a guide to make smarter decisions about criminal law. This could mean changing how crimes are dealt with or making new laws. By analyzing data, judging deterrence, and coming up with better ways to stop crime, analysis helps figure out how well criminal law works at stopping people from breaking the law. Safeguarding the rights of those who are under suspicion or facing charges is of utmost importance. A thorough examination of criminal law assures that the criminal legal process includes safeguards for impartial investigation, prosecution, and incarceration.
Analysis of the Application of Agrarian and Spatial Planning Laws in Land Disputes for the Development of Public Facilities Muhammad Ukasyah; Karina Putri
Enigma in Law Vol. 1 No. 1 (2023): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v1i1.12

Abstract

The Agrarian and Spatial Planning Law (UUATR) is used to settle land disputes so that public facilities can be built. It is a legal process that tries to find a balance between land owners' rights and the needs of the community and the government's desire to build infrastructure that helps the economy grow. UUATR is an important legal framework for regulating land rights, ownership, and procedures that must be followed in resolving land disputes. In land disputes for the construction of public facilities, the application of the agrarian law plays an important role in maintaining a balance between public interests in infrastructure development and the rights of land owners. The application of the agrarian law in land disputes for the construction of public facilities ensures that important infrastructure development can proceed in line with the public interest while safeguarding the rights and welfare of land owners. This creates a fair and sustainable framework for resolving land disputes in Indonesia.
Analysis of Restorative Justice in the Criminal Justice System Abdul Halim; Sri Ismoyo
Enigma in Law Vol. 1 No. 1 (2023): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v1i1.13

Abstract

Restorative justice is a novel approach to the criminal justice system that focuses on repairing relationships harmed by criminal behavior. This strategy seeks to achieve reconciliation, accountability for perpetrators, and improved social reintegration. Victims play an active role in restorative justice, with the ability to speak about the impact of criminal acts on them and interrogate the perpetrator. Perpetrators are required to admit their conduct, express regret, and work to heal the damage done. Offenders are viewed as individuals who, if given the opportunity and help, can reform and become valuable members of society again. Restorative justice approaches include restorative meetings, which allow for open communication, emotional expression, and the search for shared solutions among the perpetrator, victim, and other associated parties. Restorative justice is a more humane and just alternative to traditional, punishment-focused tactics. Although this strategy is not applicable for all criminal acts, it has been shown to be helpful in addressing particular types of criminal acts, improving victim healing, and minimizing the chance of reoffending.
Overview and Analysis of Health Law Number 17 of 2023 Asrina Wijayanti
Enigma in Law Vol. 1 No. 1 (2023): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v1i1.14

Abstract

Health Law No. 17/2023 is significant legislation aimed at enhancing the caliber of the healthcare system in Indonesia. This legislation introduces novel guidelines for overseeing the healthcare system, emphasizing elements such as disease prevention, availability of healthcare services, the ability to withstand health challenges, and effectiveness and openness in healthcare funding. In order to effectively execute Health Law No. 17/2023, it is imperative that all stakeholders, including the central government, regional governments, communities, and the corporate sector, demonstrate commitment and cooperate with one another.
Effectiveness and Study of the Criminal Law Pretrial System Laurensia Putri
Enigma in Law Vol. 1 No. 1 (2023): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v1i1.15

Abstract

The pretrial system evaluation is a crucial procedure that seeks to assess the efficiency, equity, and durability of institutions created to safeguard the rights of individuals who are accused or defendants in criminal judicial procedures. This system is a vital component of the criminal justice system that specifically emphasizes the safeguarding of individual rights, the prevention of abuse, and the guarantee of procedural fairness. It is important to make sure that this system works well and lasts a long time so that there is a good balance between good law enforcement and protecting human rights under criminal law.
Law Regarding the Status of Children Outside of Wedlock: in the Perspective of the Rights of Parents and Children Ika Anisatul Fatma Fitria; Indryana Widi Ardhianty; Husaini, Wahyu Nurul; Dian Latifiani; Muhammad Adymas Hikal Fikri
Enigma in Law Vol. 1 No. 2 (2023): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v1i2.21

Abstract

The Indonesian state, as stated in the 1945 Constitution, initially declared itself a legal state before undergoing amendments. After the amendment, the statement changed to "Indonesia is a state of law." This means that every action taken by the government or state must comply with the legal provisions in force in Indonesia. The principle of the rule of law is regulated in the 1945 Constitution, Article 1 Paragraph (3), both before and after the amendment, indicating that Indonesia is a country based on law. Indonesian law also regulates the rights and obligations of parents in the modern era. The development of modern society brings changes in interpersonal relationships, especially in the family context. The main issue that emerged was regarding the status of children born out of wedlock, reflecting shifts in social values and raising complex legal questions regarding the rights of parents and children. With the significant increase in the number of children born outside of marriage, there is a need to review the legal system that regulates the status of children outside of marriage. The primary focus is on the parents' and children's rights perspective, with attention to child recognition, custody, and financial responsibilities.
Analyzing and Investigating the Legal Aspects of Green Policy Novianti, Dwi
Enigma in Law Vol. 1 No. 2 (2023): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v1i2.34

Abstract

The legal dimensions of green policy are crucial in propelling tangible transformation towards sustainable development. Gaining insights from other viewpoints, including those from the public, commercial, administrative, and international sectors, can facilitate the development and execution of policies that are both effective and comprehensive. Green policy is incorporated into the environmental legal system from a public law standpoint, with the aim of ensuring justice and safeguarding the environment against harm. Private law serves as a strong defense for the human rights of residents to reside in a clean and safe environment, achieved through the use of legal agreements and legal actions. From an administrative law perspective, green policy is regarded as a mechanism that governs and oversees government actions, ensuring their alignment with ecologically sustainable ideals. Indonesia must fulfill its commitments in global agreements such as the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement, which also possess legal standing at the international level.
Analysis of the Legal Outputs of State Institutions: The Case of the Constitutional Court of the Republic of Indonesia Ahmad, Andi
Enigma in Law Vol. 1 No. 2 (2023): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v1i2.35

Abstract

The Constitutional Court (MK) safeguards the constitution, specifically the 1945 Constitution of the Republic of Indonesia. The Constitutional Court issues a variety of legal documents, including decisions, decrees, rules, and rulings, as part of its responsibilities and jurisdiction. The ruling of the Constitutional Court carries paramount significance as a legal outcome. The ruling of the Constitutional Court is conclusive and obligatory, applying to both governmental bodies, individuals, and legal companies. The rulings made by the Constitutional Court have the power to nullify or modify laws, government regulations, presidential regulations, ministerial regulations, or regional rules that are in contradiction with the 1945 Constitution of the Republic of Indonesia. The decrees of the Constitutional Court can establish rules for the process of reviewing cases, the selection and appointment of constitutional judges, and other subjects concerning the responsibilities and powers of the Constitutional Court. Constitutional Court rules are legally enforceable items that typically serve as regulatory measures. The regulations of the Constitutional Court might govern issues pertaining to the administration and management of the Constitutional Court, as well as other concerns concerning the responsibilities and jurisdiction of the Constitutional Court. The decisions made by the MK can govern various aspects pertaining to cases under its jurisdiction, including the determination of court expenses, the appointment of temporary judges, and other relevant topics concerning the case. The legal outputs of the Constitutional Court play a crucial role in upholding the constitution, ensuring law enforcement, and safeguarding human rights in Indonesia.
Study of Law Number 1 of 2023 concerning the Criminal Code (KUHP) Rahmadianto, Muhammad
Enigma in Law Vol. 1 No. 2 (2023): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v1i2.36

Abstract

The Criminal Code (KUHP) Law Number 1 of 2023 is a modification of the existing Criminal Code that has been in force since 1918. The reform of the Criminal Code aimed to align with advancements in criminal law in Indonesia and address the evolving legal requirements of society. The amendment to the Criminal Code encompasses several modifications, including the incorporation of novel criminal offenses, such as offenses against the environment, offenses against public assets, and offenses against human rights. Abolition of antiquated penal offenses, such as adultery, abortion, and offenses against moral principles. Revisions to the definition of criminal offenses, such as modifications to the definition of theft, embezzlement, and domestic violence, The amendment to the Criminal Code has both favorable and unfavorable consequences. Overall, many consider the amendment of the Criminal Code a favorable measure that aligns with advancements in criminal law in Indonesia and addresses the increasing legal requirements of society. This change is also deemed capable of offering enhanced legal safeguards for the community while simultaneously achieving justice and legal clarity.
Fundamentals of Omnibus Law in Legal Studies Novadina, Fauziah
Enigma in Law Vol. 1 No. 2 (2023): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v1i2.37

Abstract

The Omnibus Law, being an intricate policy, necessitates a comprehensive examination of its multifaceted consequences from diverse legal perspectives. This comprehensive research uncovers both the positive and negative aspects of this law, exposing the potential benefits and dangers associated with it. The expedited and exclusive formation method has faced criticism about its lack of transparency and regulatory standards. Further examination of the legal foundation and conformity with the constitution is necessary to guarantee adherence and prevent infringements on human rights. To ensure the creation of a high-quality omnibus bill that adheres to legal principles, it is imperative to enhance openness, encourage public engagement, and engage experts. Sociologically, the effects on workers and entrepreneurs are diverse, encompassing the possibility of heightened investment and employment, as well as the possible drawbacks of reduced wages, the elimination of severance compensation, and more outsourcing. There is concern that social inequality may escalate as businesses might receive more advantages in comparison to workers. The omnibus law holds the capacity to allure investments, foster economic expansion, and enhance Indonesia's competitiveness by means of deregulation and improved business facilitation. Striking a balance between economic growth, worker protection, and environmental sustainability is crucial. Thorough examination and rigorous oversight of the enforcement of environmental legislation are important to maintain a harmonious equilibrium between economic progress and environmental conservation.

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