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Contact Name
Feby Adzkari
Contact Email
febyadzkari729@gmail.com
Phone
+6285723464201
Journal Mail Official
lexlaguensjurnal@gmail.com
Editorial Address
Jl. Raya Darma No.13, Darma, Kuningan, Jawa Barat.
Location
Kab. kuningan,
Jawa barat
INDONESIA
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan
ISSN : -     EISSN : 30480493     DOI : https://doi.org/10.08221/lexlaguens.v1i1.1
Core Subject : Social,
The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and another section related contemporary issues in law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
ANALISIS YURIDIS KEWENANGAN JAKSA DALAM PENEGAKAN HUKUM TINDAK PIDANA INFORMASI DAN TRANSAKSI ELEKTRONIK Altansa, Fadlil; Rahmat, Diding
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v2i1.27

Abstract

This research examines the authority of prosecutors in enforcing law in Indonesia against crimes that use electronic information and transactions. Along with the development of information technology, criminal acts in cyberspace are increasingly complex and require special handling. The main focus of this research is to analyze the legal basis that grants authority to prosecutors, the mechanism for implementing this authority, and the challenges faced in the law enforcement process. The research method used is normative juridical with an analytical approach to relevant laws and regulations. The research results show that although prosecutors have fairly clear authority based on law, implementation in the field still faces various obstacles such as limited human resources who are experts in the field of cyber law, as well as technical challenges in collecting and proving electronic evidence. This research recommends increasing the capacity and skills of prosecutors as well as inter-agency collaboration for the effectiveness of law enforcement in the digital realm.
LAW ENFORCEMENT AGAINST AIRCRAFT ENTERING THE TERRITORY OF THE UNITED STATES OF THE REPUBLIC OF INDONESIA Sungkono; Sujono; Bagus Rahmadi Supancana, Ida
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 2 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Agustus)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v2i2.56

Abstract

Law enforcement against unauthorized foreign aircraft entering the territory of the Unitary State of the Republic of Indonesia is a crucial aspect in maintaining air sovereignty and national security. This research examines the legal policies and procedures implemented in dealing with violations by foreign aircraft, as well as the challenges and solutions faced by Indonesian authorities. The main focus of this research includes the identification of relevant national and international regulations and law enforcement mechanisms. The research methods used include legal analysis and case studies of violations that have occurred. Research results show that although Indonesia has a clear legal framework for dealing with violations, its implementation is often hampered by limited resources and the complexity of international diplomacy. The recommendations put forward include increasing law enforcement capacity, improving coordination between relevant institutions, as well as strengthening international cooperation to improve the law enforcement system in the aviation sector. It is hoped that this research can contribute to the development of more effective policies and practices in maintaining Indonesia's air sovereignty.
ANALYSIS OF DEFENSE AND CYBER SECURITY IN AIRSPACE MANAGEMENT IN INDONESIA Sudarto; Rina Dyahtaryani, Lidia; Trianto, Nanang
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 2 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Agustus)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v2i2.57

Abstract

Air space management is a crucial aspect in maintaining the sovereignty of a country, including Indonesia. Along with the rapid development of information and communication technology, threats to cyber security are becoming increasingly significant. This research analyzes defense and cyber security efforts in air space management in Indonesia, with a focus on identifying threats, vulnerabilities, and implemented mitigation strategies. Through descriptive-analytical methods, data is collected from various sources, including policy documents. The research results show that although Indonesia has implemented various policies and technologies to improve cyber security, there are still a number of challenges that must be overcome, such as a lack of awareness of cyber threats, limited skilled human resources, and the need for better coordination between relevant institutions. With these steps, it is hoped that cyber security in airspace management can be improved, thereby reducing the risk of attacks and ensuring the safety and efficiency of flight operations in Indonesia.
THE CHANGES OF REGULATION PERTAINING AIRCRAFT IN INDONESIA: BEFORE AND AFTER 9/11 CASE: A LEGAL STUDY VIEWED FROM A 9/11 CASE Widarto, Bambang
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 2 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Agustus)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v2i2.58

Abstract

An aircraft hijacking as one of crimes in the field of aviation has been recognized as an international crime. The crime more often involved multiple numbers of state’s jurisdictions, both the place of occurrence, its consequences, and the motives of the crime itself. The motive and goal of the crime can or cannot be driven by a politically reason. Initially, many thoughts that one of the characteristics of this crime was taking hostage of people onboard, either flight crew or passengers. However, in the 9/11 case, we can see that perpetrators did not take any people as hostage in an airplane but grabbed a flight control from the pilot in command and used the plane as an air to ground weapon to target civilian objects on the ground. In accordance with the Indonesian Code of Penal Number 1 issued in 2023 under article 579 (1) criminalized a person for committing as air piracy, any person who seizes or maintains the seizure or unlawfully controls an airplane in flight. This article is based on prior normative research, utilizing both secondary data, secondary data consisted of primary and secondary sources were obtained from relevant literature and international and national law. This means that even the newest Law Number 1 of 2023 still requires an element of piracy in the air and an element of an airplane in flight. It is more adequate if the regulations in Indonesia new Criminal Code adopts the provisions of the 2010 Beijing Protocol which has no longer used the element of ‘onboard’ and also modifies the word ‘in flight’ to ‘in service’.
ARSITEKTUR EMPATI DAN INTERAKSI SOSIAL POSITIF SEBAGAI UPAYA PENCEGAHAN PERUNDUNGAN DI LINGKUNGAN SATUAN PENDIDIKAN Asri, Ardison; Caesar Kusuma Atmaja, Aria; Sinaga, Maniur; Dzulkarnain, Ariefin; Cahyo Haryono, Yohanes
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 2 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Agustus)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v2i2.60

Abstract

This study is based on the end of 2023 notes released by the Federation of Indonesian Teachers' Unions that the number of bullying cases in Indonesia reached 30 (thirty) cases that had been reported and processed by the authorities. Of that number, 80% occurred under the Ministry of Education, Culture, Research, and Technology and 20% of cases occurred in educational units under the Ministry of Religion, with the distribution of cases occurring at the junior high school/equivalent level as much as 50%, elementary school/equivalent as much as 30%, high school/equivalent as much as 20%. Even from a number of these cases, some cases have resulted in fatalities. Ironically, some of these bullying cases occurred in educational unit environments. Therefore, it is very interesting to study efforts to prevent bullying in educational unit environments through the approach of empathy architecture and positive social interaction. To answer these problems, a normative legal research method supported by empirical research was used. From the results of the study, it was found that the issue of school architecture is one of the triggers for bullying in the educational unit environment because bullying tends to occur in certain areas or places in the educational unit environment due to a lack of monitoring and supervision. However, bullying is not only caused by architectural factors but also social factors. The existence of positive social interactions where relationships between individuals are based on mutual respect, respect for differences, empathy, and cooperation that involve good relationships between students and students, students and teachers, and students with other school staff. When this continues to be developed, students feel accepted and appreciated, so they tend to be more confident and have a sense of belonging to the school.
KEKUATAN PEMBUKTIAN ALAT BUKTI CCTV (CLOSED CIRCUIT TELEVISION) DALAM PERKARA TINDAK PIDANA UMUM BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NO.20 PUU-XIV/2016 Adzkari, Feby; Rahmat, Diding
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v2i1.62

Abstract

This research examines the evidentiary strength of CCTV (Closed Circuit Television) evidence in general criminal cases based on Constitutional Court Decision No. 20/PUU-XIV/2016. The main focus of this research is how CCTV evidence is regulated in Indonesian laws and regulations and what is the evidentiary strength of CCTV evidence in general criminal cases following the Constitutional Court decision no. 20/PUU-XIV/2016. This research is normative juridical research which uses a statutory approach and a conceptual approach. The research results show that although the Criminal Procedure Code (KUHAP) does not explicitly mention CCTV as evidence, CCTV recordings can be considered as evidence of instructions or letters if they meet the authentication and reliability requirements in accordance with the Information and Electronic Transactions Law ( ITE Law). Constitutional Court Decision No. 20/PUU-XIV/2016 provides legal certainty that CCTV footage can be accepted as valid evidence in the criminal justice process if it meets these requirements. The implications of this decision strengthen the legitimacy of CCTV recordings in the criminal justice system in Indonesia, increase the effectiveness of law enforcement, and ensure the protection of individual rights.
RELASI ANTARA MORALITAS DAN HUKUM: PERSPEKTIF FILSAFAT HUKUM KONTEMPORER Junaedi, Oding
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The relationship between morality and law is a fundamental debate in legal philosophy that continues to develop today. This study aims to analyze the relationship between law and morality from the perspective of contemporary legal philosophy and explore the influence of morality in the formation, interpretation, and application of law in the modern legal system. The method used in this study is a qualitative approach with a literature study of various legal theories, including legal positivism, natural law theory, and critical thinking in legal philosophy. The results of the study show that although law and morality have different characteristics, the two cannot be completely separated. In contemporary legal philosophy, thoughts such as those put forward by Ronald Dworkin emphasize that law does not only consist of formal rules, but also contains moral principles that function in the process of interpreting law. In addition, morality plays a significant role in the formation of law, especially in regulations relating to human rights and social justice. In the application of law, morality is also an important consideration for law enforcement officers in the use of legal discretion to achieve substantive justice. The conclusion of this study emphasizes that law cannot stand autonomously without considering the moral values ​​that develop in society. Therefore, a stronger integration of morality in the legislative process and law enforcement is needed to create a more just law. In addition, the development of interdisciplinary studies between law and morality is needed to enrich the understanding of the role of morality in the modern legal system.
LEGAL PROTECTION AGAINST VICTIMS OF SEXUAL HARASSMENT UNDER LAW NO. 12 OF 2022 CONCERNING CRIMINAL ACTIONS OF SEXUAL VIOLENCE RAHMAT, DIDING
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 2 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Agustus)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v2i2.65

Abstract

This research discusses legal protection for victims of sexual harassment based on Law no. 12 of 2022 concerning Crime of Sexual Violence.“Legal protection is an effort to provide security and recovery for victims. This law stipulates the rights of victims, including the right to treatment, protection and recovery. In addition, this research examines the prevention efforts that need to be taken to reduce the number of sexual harassment. The method used is normative juridical research. The research results show that collaboration between government, society and related institutions is very important in creating a safe environment for women and children. It is hoped that the implementation of comprehensive laws will provide better protection for victims and reduce the number of sexual harassment cases.”
LEGAL PROTECTION AGAINST CHILDREN OF CRIMINAL OFFENSES THROUGH THE IMPLEMENTATION OF DIVERSION IN INDONESIA RAHMAT, DIDING
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 2 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Agustus)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v2i2.66

Abstract

This research aims to analyze the application of diversion as a legal protection measure for children involved in criminal acts. Diversion is an alternative case resolution process that aims to avoid negative stigma and punishment that can harm a child's development. The research method used is normative juridical, by examining statutory regulations, official documents and related literature. The research results show that the implementation of diversion in Indonesia“has been regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which provides guidelines for law enforcement officers in implementing diversion. In addition, legal protection for children who commit criminal acts”through the implementation of diversion provides an opportunity for children to receive more humane treatment, safeguards children's rights, and encourages community participation in the resolution process. Thus, it is hoped that the implementation of diversion can provide restorative justice and reduce the possibility of children repeatedly violating the law.
IMPLEMENTASI DAN TANTANGAN ASEAN OPEN SKIES DALAM MENINGKATKAN KONEKTIVITAS UDARA DI ASIA TENGGARA Aditya Nugraha, Ridha; Sungkono; Widarto, Bambang
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.81

Abstract

ASEAN Open Skies is a strategic initiative aimed at creating an open and efficient aviation market in Southeast Asia by enhancing connectivity, trade and tourism among member countries. This policy eliminates barriers to air services, both for cargo and passengers, through multilateral agreements such as the ASEAN Multilateral Agreement on the Full Liberalisation of Air Freight Services. Although this policy has great potential to improve ASEAN's competitiveness in the global market, its implementation faces various challenges, such as differences in regulations between countries, disparities in airport infrastructure, and the need to harmonize domestic policies with international standards. This study uses a normative juridical legal method with a statutory and conceptual approach to examine the challenges in implementing ASEAN Open Skies and its impact on regional air connectivity. The results show that this policy has the potential to accelerate economic growth and the tourism sector, but requires solutions to regulatory challenges and infrastructure development to achieve these goals effectively.