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Pemuliaan Keadilan
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30632811     EISSN : 3063282X     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 66 Documents
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Integrasi Nilai-Nilai Hukum Islam dalam Pembaruan Hukum Pidana Nasional Terkait Tindak Pidana Zina dan Kohabitasi Roli Pebrianto; Muhammad Panji Prabu Dharma; Noviana Noviana
Pemuliaan Keadilan Vol. 2 No. 3 (2025): July : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i3.1048

Abstract

This study examines the regulation of adultery and cohabitation (living together without marriage) from the perspective of Islamic law and Indonesian positive law, especially after the enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP). In Islamic law, adultery is a hudud crime that has strict and permanent sanctions (qat'i). Islamic law considers adultery as an act that damages morality, honor, and lineage, and provides severe punishment for the perpetrators. The purpose of implementing this punishment is to maintain social integrity and protect the family as the smallest unit in society. Cohabitation, which is considered an illegitimate relationship according to Islamic law, is seen as a form of adultery that is not tolerated both socially and legally. Therefore, this act is not only considered a violation of religious norms, but also a threat to the desired social order in Islam. Meanwhile, in the context of Indonesian positive law, the 2023 Criminal Code expands the formulation of the crime of adultery and explicitly regulates cohabitation as a criminal offense. Based on this provision, adultery and cohabitation can be prosecuted, although they are still classified as absolute complaint offenses, meaning that these acts can only be prosecuted if there is a report from an interested party. This shows that although there are differences in law enforcement between Islamic law and positive law, both share a common goal: to protect morality and public order. The approach used in this study is normative juridical with a qualitative analysis method of Islamic legal norms and national statutory provisions. This study aims to compare the perspectives of the two legal systems on adultery and cohabitation, and to find common ground between the two.
Hambatan Pemenuhan Hak Restitusi bagi Anak Penyandang Disabilitas sebagai Korban Kekerasan Seksual : Studi Putusan Nomor:323/Pid.Sus/2023/Pn.Skt Reza Aulia Qusnul Khotimah
Pemuliaan Keadilan Vol. 2 No. 3 (2025): July : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i3.1052

Abstract

A child who becomes a victim of a criminal act, often referred to as a child victim, is one who experiences physical, psychological suffering, and/or loss of property due to a criminal act. In the case of children who are victims of sexual violence, it is not limited to physically healthy children, but also includes children with disabilities, whether physical, mental, or intellectual. These child victims have the right to restitution, which is a form of compensation for the harm and losses they have suffered. This study aims to identify the challenges faced by child victims of sexual violence and explain how the restitution process can be implemented within the context of Indonesian law. The author applies a normative research method and gathers data through literature review. The data obtained comes from legal regulations, court rulings, books, and relevant internet sources. The findings of this study indicate that restitution is a right granted to victims as a form of accountability from the perpetrator for their actions. Restitution aims to provide compensation for the victim’s suffering and loss, both materially and psychologically. However, several obstacles to fulfilling the right to restitution for child victims were identified. One of the main obstacles is the lack of understanding from the victim's family regarding the importance of restitution. Often, the victim’s family is unaware that they have the right to request restitution as part of the legal process. Additionally, inadequate cooperation between law enforcement and related institutions is another barrier to fulfilling the right to restitution. The lack of coordination between agencies in handling child sexual violence cases leads to delays in the restitution process. Therefore, it is crucial to raise awareness among the families of victims and improve cooperation between law enforcement, child protection agencies, and other related parties to ensure that the right to restitution is properly fulfilled.
Tantangan Penegakan Hukum dan Upaya Mitigasi atas Hadirnya Deepfake Porn sebagai Jenis Tindak Pidana Digital pada Era Artificial Intelligence Diyanggi Priya Romaito Pane; Alexandro Wiranto Tambe
Pemuliaan Keadilan Vol. 2 No. 3 (2025): July : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i3.1055

Abstract

Technological developments in the modern era have experienced rapid growth, one of which is through the advancement of Artificial Intelligence (AI). This technology has now become an integral part of people's daily lives because it can provide convenience, efficiency, and innovation in various fields. However, behind the benefits offered, AI also carries potential risks, especially when misused. One of the most worrying forms of misuse is deepfakes, namely AI-based digital content manipulation that can convincingly imitate a person's voice, face, and movements. Deepfakes have triggered various digital crimes, such as identity forgery, the creation and distribution of non-consensual pornographic content including sexual exploitation, blackmailing, the spread of fake news (hoaxes), digital terror, fraud, and defamation. The increasingly sophisticated level of AI in manipulating data demands swift action, appropriate regulations, and effective oversight strategies from the government to anticipate its negative impacts. This research uses a normative juridical method with a statute approach and a conceptual approach. This approach allows for a comprehensive analysis of the existing legal framework, the concept of legal protection, and the urgency of establishing new regulations related to AI technology. The research findings indicate that the government needs to take a number of strategic steps, including: (1) drafting specific regulations governing the use and limitations of AI, particularly regarding deepfakes; (2) developing and implementing effective deepfake detection technology; (3) providing protection, recovery, and rehabilitation mechanisms for victims; and (4) implementing widespread public education to raise public awareness of the risks of AI misuse.
Politik Hukum Pengawasan Profesi Notaris : Studi Komparatif Sistem Perlindungan Profesi di Indonesia dengan Negara Berkembang Lain Rini Oktaviana
Pemuliaan Keadilan Vol. 2 No. 4 (2025): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i4.1154

Abstract

This study examines the evolution of the notary supervision system in Indonesia, particularly the impact of Constitutional Court Decision No. 49/PUU-X/2012 which revoked Article 66 paragraph (1) of Law No. 30 of 2004 and the establishment of the Notary Honorary Council (MKN) through Law No. 2 of 2014. The study uses a normative juridical method with a case and statutory approach, supported by literature analysis and expert opinion. The results show that the Constitutional Court decision eliminated legal protection for notaries in facing arbitrary actions by law enforcement officers, creating inequality with other professions such as advocates and doctors. Although the Regional Supervisory Council (MPD) still exists institutionally, the authority to grant approval for summoning notaries has been lost. In response, the government established the MKN which combines elements of the Ministry of Law and Human Rights with the Indonesian Notaries Association. International comparisons show that the civil law system provides stronger protection through specialized courts, while common law does not provide a privileged position for notaries. Indonesia adopts a mixed model that provides flexibility but creates coordination complexity. The MKN plays a role in enforcing professional ethics while maintaining a balance between the protection of notaries as public officials who make authentic deeds and accountability in the judicial system, restoring the stability of legal protection that was lost after the Constitutional Court's decision.
Pelanggaran Fiduciary Duty dan Misappropriation Oleh PT Asabri dan Barclays V Singularis: (Studi Komparatif Indonesia dan Inggris) Muhammad Farrel Haristyanto
Pemuliaan Keadilan Vol. 2 No. 4 (2025): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i4.1185

Abstract

Fiduciary duty breaches and misappropriation are serious issues in corporate governance that can result in significant losses for companies and the state. This study aims to analyze the forms and mechanisms of legal accountability for fiduciary duty breaches and misappropriation through a comparative study of the cases of PT Asabri in Indonesia and Barclays v Singularis in the UK. The research method used is normative legal research with a conceptual, statutory, and comparative legal approach. The analysis was conducted on primary, secondary, and tertiary legal materials which were then presented qualitatively in the form of exploratory and argumentative descriptive narratives. The results of the study indicate that fiduciary duty is recognized in both legal systems but with different scopes. Where the English legal system can apply this obligation to third parties such as banks through the Quincecare duty, while in Indonesia it is limited to internal parties of the company. The concept of misappropriation is not explicitly mentioned in Indonesian law but is covered in various regulations through the terms embezzlement and abuse of authority. The PT Asabri case demonstrated systematic violations by internal management, resulting in losses reaching Rp 23.7 trillion, while the Barclays v. Singularis case demonstrated the bank's negligence in preventing misuse of client funds. The implications of this research highlight the need for regulatory harmonization and strengthened oversight mechanisms to prevent similar violations in the future.
Pertanggungjawaban Pidana terhadap Aktivitas Pertambangan Tanpa Izin yang Merusak Infrastruktur Fisik Desa : (Studi di Desa Sebulu Modern Kecamatan Sebulu Kabupaten Kutai Kartanegara) Adi Budiman; Haris Retno Susmiyati; Orin Gusta
Pemuliaan Keadilan Vol. 2 No. 4 (2025): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i4.1195

Abstract

Illegal mining activities in Sebulu District have become a serious issue as they not only violate the law but also cause significant damage to public infrastructure such as village roads, bridges, and drainage systems, which are deteriorating due to heavy trucks transporting mining materials. Although Article 158 of Law Number 3 of 2020 concerning Mineral and Coal Mining stipulates strict sanctions, law enforcement remains weak. The main contributing factors are local community involvement, inadequate supervision by authorities, and social legitimacy that perceives mining as a normal activity. This study aims to analyze criminal liability for illegal mining offenders and to identify its social and environmental impacts in Sebulu District. The research applies a socio-legal approach that combines normative and empirical methods. The normative approach examines applicable legal provisions, while the empirical approach includes field observations, interviews with local officials and residents, and documentation of relevant regulations and events. The findings indicate that the most severe impacts are the deterioration of village roads and bridges and environmental degradation, such as changes in water color in nearby drainage channels. These conditions cause public concern and disrupt daily life. Weak law enforcement allows illegal mining to persist. Therefore, synergy among law enforcers, local government, and communities is needed to strengthen regulation enforcement and develop sustainable economic alternatives.

Page 7 of 7 | Total Record : 66

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