Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda
Diterbitkan oleh Sekolah Tinggi Ilmu Hukum Sumpah Pemuda (STIHPADA) Berisikan tulisan ilmiah, hasil pembahasan penelitian, pembahasan buku dan pendapat yang mendukung. Redaksi mengundang para dosen, pakar, mahasiswa, membahas dan masyarakat yang tertarik untuk menuangkan hasil yang diharapkan ke dalam tulisan ilmiah. Jadwal penerbitan setahun 4 (empat) kali pada bulan Maret, Juni, September dan Desember. Tulisan yang dikirim harus berpedoman pada metode penulisan ilmiah dan petunjuk penulisan sebagaimana terlampir. Isi konten tulisan tanggung jawab sepenuhnya penulis. Redaksi tidak bertanggung jawab terhadap isi konten tulisan.
Articles
89 Documents
<![CDATA[Whistle Blowing System Sebagai Akselerasi Transformasi Birokrasi Berbasis Digital Di Pemerintah Kota Bandar Lampung ]]>
<![CDATA[Izzati, Nabila Firstia]]>;
<![CDATA[Perbawati, Candra]]>
<![CDATA[ Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 31 No. 2 (2025) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum sumpah Pemuda ]]>
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DOI: 10.46839/disiplin.v31i2.1395
<![CDATA[The goal and aspiration of every country is to realize good, clean, and authoritative governance (clean and good governance). In addition to the government and the state, the concept of governance also includes the participation of other actors outside the entity, thus involving various parties. An example of a method to succeed good and clean governance is by implementing a Whistle Blowing System that arises due to the actions of the Whistle Blower which can be a system used to realize the acceleration of digital-based bureaucratic transformation in the Bandar Lampung City Government. This study uses a statutory approach (statue approach). The socio-legal approach is used to examine and study the issue of study by examining social phenomena related to the application of the whistle blowing system as an effort to realize digital-based bureaucratic transformation, as well as norms, related legal doctrines, and the application of both. The policy formation of the Bandar Lampung City Government, transformation, and digital-based bureaucracy are elaborated using a statutory approach. The urgency of this research is to examine and optimize the whistle blowing system in accelerating digital-based bureaucratic transformation in the Bandar Lampung City Government. Also the out put in this study is a scientific article to be published at scientific meetings and journals both international and national.]]>
<![CDATA[Analisis Hukum Perlindungan Data Pribadi dalam System Cloud Computing ]]>
<![CDATA[Tobi Haryadi]]>
<![CDATA[ Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 31 No. 1 (2025) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum sumpah Pemuda ]]>
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DOI: 10.46839/disiplin.v31i1.1406
<![CDATA[The rapid development of information technology has encouraged the adoption of cloud computing as a data storage and management solution. However, the use of this technology poses challenges in the protection of personal data, especially from a legal perspective. This study analyses the protection of personal data in cloud computing based on the applicable legal framework, both at the national and international levels. The main focus of this study includes the principles of data protection, the obligations of cloud service providers, the rights of users, as well as legal challenges in the enforcement of personal data protection. The results show that although there are regulations governing the protection of personal data, there are still legal gaps and challenges in their implementation, especially regarding jurisdiction, service provider responsibilities, and data security. Therefore, it is necessary to improve regulations and cooperation between various parties to ensure more optimal protection of personal data in the cloud computing environment.]]>
<![CDATA[Eksistensi Kertas Berharga Digital dalam Sistem Pembayaran Elektronik ]]>
<![CDATA[Agustian, Muhamad Yosi]]>
<![CDATA[ Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 31 No. 2 (2025) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum sumpah Pemuda ]]>
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DOI: 10.46839/disiplin.v31i2.1441
<![CDATA[Valuable papers such as checks, bilyet giro and promissory notes were originally designed as physical-based payment instruments that have legal force and economic value. However, as people's preference for electronic payment systems (e-payment) increases, questions arise about the sustainability and existence of valuable paper in physical form in this era of digitization. This study uses normative legal research methods. The problem in this writing is the legal position of digital valuable paper in the electronic payment system according to Indonesian positive law and juridical and practical challenges in the implementation of digital valuable paper in Indonesia. In conclusion, digital valuable paper currently does not have a firm legal basis in Indonesia's positive legal system and the implementation of digital valuable paper cannot be done effectively, safely and legally and still poses legal and technological risks to the parties who use it. Suggestion, legal reform is urgently needed through the revision of the criminal code or the preparation of new laws that explicitly recognize and regulate valuable paper in digital form, legal education and digital technology training need to be improved, both for financial industry players, Business actors, and law enforcement officers, so that they are ready to adapt and understand the risks and legal protections in digital-based transactions]]>
<![CDATA[Upaya Penanggulangan Pelanggaran Pasal 293 Ayat (2) Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan ]]>
<![CDATA[Rusmini]]>
<![CDATA[ Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 28 No. 3 (2022) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum sumpah Pemuda ]]>
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<![CDATA[Traffic is one of the means of community communication that plays an important role in facilitating the implementation of national development. There are three main components of traffic, namely humans as users, vehicles and roads that interact with each other in the movement of vehicles that meet the eligibility requirements to be driven by the driver following the traffic rules established based on laws and regulations concerning traffic and road transportation through roads that meet geometric requirements. . What are the efforts to overcome violations of Article 293 Paragraph (2) of Law Number 22 Year 2009 concerning Road Traffic and Transportation. Normative legal research or doctrinal research, namely research conducted or intended to examine the content of written regulations or other legal materials. The factor of violation of Article 293 Paragraph (2) of Law Number 22 Year 2009 concerning Road Traffic and Transportation. Efforts to overcome violations of Article 293 Paragraph (2) of Law Number 22 Year 2009 concerning Road Traffic and Transportation. It is necessary to carry out comprehensive and comprehensive socialization activities through various media by prioritizing the rationality and urgency of the importance of the rule of law. The need to increase awareness for the public to follow and carry out every regulation contained in Law No. 22 of 2009 concerning Road Traffic and Transportation for the smooth flow of traffic and the safety of motorists. The Traffic Police are expected to further improve their performance in dealing with traffic violations and to pay more attention to the quality and quantity of Traffic Police officers so that in dealing with traffic violations they do not encounter obstacles and run as expected]]>
<![CDATA[Upaya Pencegahan Pluralisme Penyidikan Pada Tindak Pidana Korupsi Dalam Sistem Peradilan Pidana ]]>
<![CDATA[Zakaria Abbas]]>
<![CDATA[ Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 28 No. 3 (2022) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum sumpah Pemuda ]]>
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<![CDATA[The crime of corruption is a problem that is currently felt to be growing rapidly along with the more advanced development of a nation, the increasing need and encouraging corruption. What are the efforts to prevent pluralism of investigations on corruption in the criminal justice system. What are the obstacles in efforts to prevent pluralism of investigations in the criminal act of corruption. In this study, the author uses a type of normative juridical research. Efforts to prevent pluralism of investigations into criminal acts of corruption in the Criminal Justice System are based on the authority of the Police, the Prosecutor's Office, and the KPK, in dealing with corruption cases must be based on law and its implementation cannot be carried out independently by one institution alone, but must be coordinated with other authorized institutions as well as regulated in law. The implementation of the criminal justice system, until now has not shown optimal performance because it is structurally not integrated in terms of the concept of function and supervision in the management of the judicial system/law enforcement not in a broad sense, weak in law enforcement because it is domiciled under executive (government) power. so that in certain cases the implementation of criminal law enforcement is influenced by executive power and does not rule out the influence of other powers, so there is still no firmness regarding the differences between executive, judicial, and legislative functions.]]>
<![CDATA[Sanksi Pidana Terhadap Penggunaan Telepon Seluler Saat Mengemudi Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan ]]>
<![CDATA[Husnaini]]>
<![CDATA[ Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 28 No. 3 (2022) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum sumpah Pemuda ]]>
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<![CDATA[The development of transportation, especially traffic transportation on the road, has both positive and negative impacts. One of the negative impacts is the frequent occurrence of traffic violations. According to Perinkins in Nur Fitriyani, traffic is a relationship with transportation and property on the road and includes travel, movement of vehicles, withdrawal of movable objects, passenger transportation, pedestrian flow, and coupled with several activities related to road use. general. What are the factors that cause the use of cell phones while driving? Is the criminal sanction against the use of cellular phones while driving based on Law No. 22 of 2009 concerning Road Traffic and Transportation. This study uses a normative juridical research method. factors that cause drivers to commit violations in the form of using a telephone while driving a vehicle. Lack of public awareness of these traffic violations. The public's ignorance of the existence of sanctions for drivers who use the phone while driving. As drivers, obey the existing traffic rules. In driving we should bring the equipment of our vehicle. In driving a vehicle, it is best not to commit violations that will endanger our own safety as drivers and the safety of others.]]>
<![CDATA[Tinjauan Pelaksanaan Konsinyasi Sebagai Tindakan Hukum Pemerintah Menurut Prinsip Welfare State ]]>
<![CDATA[Renard Kananda Dipta]]>;
<![CDATA[Erik Syaputra Johan]]>
<![CDATA[ Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 28 No. 3 (2022) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum sumpah Pemuda ]]>
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<![CDATA[Indonesia as a constitutional state is clearly guided by the existing rules in policies relating to the rights of its citizens. One aspect of the policy that is directly related to residents is land acquisition. Procurement of public welfare land is one of the special functions of the government to carry out administrative tasks. The Public Interest states that the government transfers ownership rights to land by giving compensation to the previous owner in a fair manner. If there is a refusal from the owner of the land rights, the legal instrument regulates the existence of a consignment mechanism to provide compensation through the courts. However, the consignment mechanism is carried out without considering the principles of justice and humanity and does not use proper judgment. Thus it is contrary to the principle of the welfare state which holds that the actions taken by the government are for the welfare of the people. This study aims to find out the regulations for implementing consignments in Indonesia and reviewing the implementation of consignment actions by the government according to the welfare state principle. This study uses a normative method by studying the mechanism of land acquisition in the public interest. This study uses primary, secondary, and tertiary legal sources. The results of the study are that consignment can be interpreted as a legal action by the government in the private sphere and in accordance with the principles of the rule of law and the concept of a welfare state, provided that the government cannot ignore the principles of justice and humanity.]]>
<![CDATA[Optimalisasi Peran Lembaga Pemasyarakatan Perempuan Kelas IIA dalam Mendukung Tujuan Pemidanaan dalam Sistem Peradilan Pidana ]]>
<![CDATA[Zakaria, Zakaria]]>
<![CDATA[ Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 31 No. 2 (2025) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum sumpah Pemuda ]]>
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DOI: 10.46839/disiplin.v31i2.1450
<![CDATA[Women's correctional institutions hold a strategic role in achieving penal objectives, particularly in the rehabilitation and social reintegration of female inmates. This article aims to analyze how the role of Class IIA Women's Correctional Institutions can be optimized to support penal goals such as rehabilitation, resocialization, and recidivism prevention within the criminal justice system. The research uses normative and empirical juridical approaches, with a case study focused on a Class IIA Women’s Prison. The findings reveal several obstacles in optimizing institutional functions, including limited human resources, inadequate rehabilitation facilities, and lack of societal support. Therefore, structural reforms, institutional capacity building, and inter-agency collaboration are essential to ensure that penal goals are not only repressive but also rehabilitative and restorative in nature.]]>
<![CDATA[Kompetensi Paralegal dalam Bantuan Hukum: Dampak Putusan MA Nomor 22 P/HUM/2018 dan Prospek Regulatif ]]>
<![CDATA[Tobi Haryadi]]>;
<![CDATA[Rianda Riviyusnita]]>
<![CDATA[ Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 31 No. 2 (2025) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum sumpah Pemuda ]]>
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DOI: 10.46839/disiplin.v31i2.1451
<![CDATA[Paralegals play a vital role in expanding access to justice for the poor and vulnerable groups, particularly in remote areas underserved by lawyers. However, their role was restricted following the Supreme Court Decision Number 22 P/HUM/2018, which annulled provisions in the Ministry of Law and Human Rights Regulation Number 1 of 2018 regarding paralegals’ authority to assist clients during investigations and court proceedings. This study aims to analyze the legal impact of the decision on paralegals’ competencies and explore future regulatory prospects to ensure the effectiveness of legal aid services. Using a normative juridical method through statutory and case law approaches, the study finds that a legal vacuum has emerged, hindering paralegals' contribution to structural legal aid. Therefore, regulatory reform is necessary to provide legal recognition to paralegals' roles with clear authority limitations and an accountable certification mechanism.]]>
<![CDATA[Pemberlakuan Pidana Mati Menurut Hukum Pidana Nasional Dan Hukum Islam ]]>
<![CDATA[Haryadi, Tobi]]>
<![CDATA[ Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 29 No. 2 (2023) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum sumpah Pemuda ]]>
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<![CDATA[The death penalty in Indonesia is regulated by Law No. 2 of the 1964 National Program for Standard Formulation, which stipulates execution by firing squad, although it is often criticized as a form of cruel treatment. Initially, Article 11 of the Criminal Code regulated execution by hanging, but this was later changed to execution by firing squad for civilians. Meanwhile, in Islamic criminal law, the death penalty varies, including stoning and qishash, depending on the type of criminal offense committed.]]>
