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Faisal Herisetiawan Jafar
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Faculty of Law, Universitas Sembilanbelas November Kolaka Jl. Pemuda No. 339, Kolaka, Sulawesi Tenggara, Indonesia
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Sangia Nibandera Law Research
Published by Universitas Sembilanbelas November Kolaka
ISSN : 30642000     EISSN : 30641349     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sangia Nibandera Law Research (ISSN 3064-1349 / 3064-2000) is dedicated to advancing critical, contextual, and forward-looking legal scholarship that responds to the evolving dynamics of law in society. The journal focuses on interdisciplinary and comparative legal studies, emphasizing the interaction between law, culture, governance, and social justice. Its scope encompasses, but is not limited to, constitutional law, criminal law, civil law, environmental law, international law, and legal theory. The journal particularly welcomes research that explores indigenous legal perspectives, regional legal developments, and transformative legal reforms, especially within emerging and marginalized contexts. By promoting rigorous analysis and innovative approaches, Sangia Nibandera Law Research aims to serve as a platform for academics, practitioners, and policymakers to engage in meaningful dialogue, contribute to legal development, and shape responsive legal systems for the future.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 25 Documents
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Legal Review of Tik Tok Shop Re-Operation on The Tik Tok Social Media Application Ramadani, Andi Andini Dwi; Jafar, Faisal Herisetiawan; Mayasari, Riezka Eka
Sangia Nibandera Law Research Vol. 1 No. 1 (2024): Sangia Nibandera Law Research, June 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19636703

Abstract

The Tiktok application, which initially only focused on entertainment through interesting videos, is starting to introduce a new feature called Tik Tok Shop, which allows users to carry out online buying and selling transactions or E-Commerce. Problems arose when the government issued Minister of Trade Regulation Number 31 of 2023 where there is a prohibition on social media platforms from doing so payment transactions on one social media application that had an impact the closure of the TikTok Shop application feature, even though we have the TikTok Shop feature returned but various issues continue to emerge such as practice monopoly, Predatory Pricing. The research method used is legal research Normative is legal research that places law as a building norm system. The norm system in question is about principles, norms, rules of legislation, court decisions, agreements, and doctrine (teaching). Based on the results of the research conducted, it was found that the application TikTok continues to carry out two types of activities, namely social media and transactions payments as well as monopolistic practices and alsoPredatory Pricing still found.
Criminological Review of Domestic Violence Crimes in Kolaka Regency Irabiah, Irabiah; Jusafri, Jusafri; Al Fitra, Muh. Risaldy
Sangia Nibandera Law Research Vol. 1 No. 1 (2024): Sangia Nibandera Law Research, June 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19637185

Abstract

This thesis aims to find out what factors cause perpetrators to commit criminal acts of domestic violence in the jurisdiction of theKolaka District resort police, and also to find out the efforts made by the Kolaka District resort police in dealing with criminal acts of domestic violence. This research uses research methods Empirical law, namely this research is carried out directly on legal phenomena in society or social facts found in society. Based on the results of the research and discussion, it can be concluded that what are the factors that cause perpetrators to commit criminal acts of domestic violence in the jurisdiction of the Kolaka District Resort Police, namely economic factors, infidelity factors, alcoholic beverage factors and then to find out the efforts made by the Kolaka District Resort Police Kolaka in dealing with criminal acts of domestic violence, namely conducting outreach or seminars, namely collaborating with regional government institutions, sub-district offices, social services, and sub-district offices and others.
Review of Unlawful Acts of Livestock Owners Due to Crop Damage in Bombana Regency Nurazizah, Nurazizah; Sari, Patma; Mayasari, Riezka Eka; Haerani, Yeni
Sangia Nibandera Law Research Vol. 1 No. 1 (2024): Sangia Nibandera Law Research, June 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19637231

Abstract

Regulation of unlawful acts Article 1368 of the Civil Code states that the owner of an animal or whoever uses it, as long as the animal is used, is responsible for the damage caused by the animal. Whether the animal is under his supervision or the animal gets lost or escapes his supervision. Responsibility of the owner of livestock due to damage to crops. shows that the responsibility of livestock owners towards plant owners is carried out by providing compensation to plant owners who suffer losses, using twonon-litigation settlement processes, namely, firstly negotiation, a bargaining process carried out by the parties to find a peaceful solution to the problem, secondly, the mediation process. settlement using a third party mediator. The type of research used by the author in the Normative Empirical research method is basically a combination of approaches between Normative law with the addition of Empirical elements.
Juridical Review by Public Prosecutors in the Criminal Justice System Dinda, Dinda; Sakti, La Ode Awal; Irabiah, Irabiah
Sangia Nibandera Law Research Vol. 1 No. 1 (2024): Sangia Nibandera Law Research, June 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19637273

Abstract

Constitutional Court Decision Number 20/PUU-XII/2023 states that article 30C letter h and explanation letter h of Law Number 11 of 2021 concerning the Prosecutor's Office of the Republic of Indonesia are contrary to the Constitution of the Republic of Indonesia Year 1945 and have no binding legal force. So this is considered contrary to the purpose of law and legal principles, namely the principle of equality before the law and the principle of equality of arms principle. Therefore, this encourages the author to analyze the concept of judicial review carried out by the Public Prosecutor who actually represents the victim and even the state. The writing of this thesis uses normative juridical research methods with methods of approaching laws and regulations,cases, historical and conceptual. This legal research found that the Criminal Procedure Code for victim protection has not been optimal compared to perpetrators of crimes, where the Criminal Procedure Code only identifies or tends to lead to perpetrators only. Then, with the decision of the Constitutional Court No. 20/PUU-XII/2023, it has the effect of closing the prosecutors authority to be able to apply review as a return of position to the convict.
Implications of Extending the Village Head's Working Period on The Effectiveness of Village Government Hidayat, Rahmad; Sari, Patma
Sangia Nibandera Law Research Vol. 1 No. 1 (2024): Sangia Nibandera Law Research, June 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19637285

Abstract

This research aims to determine the implications of extending the Chief of Village’s time of office on the effectiveness of village government administration and what factors can influence the effectiveness of village government administration. This type of research is normative juridical research which seeks to solve problems by studying legal norms using Law in books or studies from relevant library materials. The results of this research show that firstly, extending the term of office of the Chief Village is completely irrelevant to the urgency of the need to improve Village government at this time so that it has no implications for the effectiveness of village government administration and continuity of development, the argument for extending the term of office is more like the subjective reasons of the Village Heads and tends to have a political nuance. Second, the fundamental factors that must be synchronized are the Village Head's leadership, partnership and collaboration with external parties and more substantial community participation and involvement. If these factors can be combined optimally then the effectiveness of village government administration will be created regardless of how long a village head has led.
Position of Policy Regulations (Beleidsregel) in the Indonesian Positive Law System Novianti, Vera; Akbar, Muhamad Aksan; Rijal, Syamsul
Sangia Nibandera Law Research Vol. 1 No. 1 (2024): Sangia Nibandera Law Research, June 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19637303

Abstract

The absence of regulations governing policy regulations has resulted in differences of opinion regarding the review of policy regulations, this is due to the unclear position of policy regulations in the Indonesian positive legal system. The aim of this research is to determine the position of policy regulations and the authority to review policy regulations in the Indonesian positive law system. This research uses normative legal research methods with a conceptual approach and a case approach using literature study and document study. The results obtained in this research are that policy regulations are not included in statutory regulations, the existence of policy regulations is based on free discretion carried out to complement deficiencies or weaknesses in the principle of legality which is always based on written statutory regulations. Testing of policy regulations can be done through executive review namely by submitting an objection to the official who issued the policy regulation and appealing to the superior of the official who issued the policy regulation as an initial effort and judicial review to the Supreme Court with basic principles the court knows and jurisprudence if efforts executive review did not succeed.
Euthanasia Acts from the Perspective of Criminal Law and Human Rights Nababan, Erika Romauli; Jusafri, Jusafri; Sakti, La Ode Awal; Irabiah, Irabiah
Sangia Nibandera Law Research Vol. 1 No. 1 (2024): Sangia Nibandera Law Research, June 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19637320

Abstract

Euthanasia in positive criminal law regulations in Indonesia has not been regulated firmly and specifically. And according to human rights, the act of euthanasia is a violation of a person's right to life. The act of euthanasia itself occurs because of the unbearable suffering a person experiences due to a disease that has no hope of being cured. The patient or family will ask the doctor to carry out euthanasia because they have lost hope or the opportunity to be cured with other alternatives. Juridically, criminal law, the act of euthanasia is indirectly regulated in articles 304, 344 and 345 of the Criminal Code as well as articles 461 and 462 of Law number 1 of 2023 and in human rights the act of euthanasia is very contrary to a person's right to life, the emergence of the act of euthanasia It has become a demand that euthanasia is part of human rights, namely the right to die. This right to die is not regulated either in the 1945 Constitution, Law Number 39 of 1999, and the Universal Declaration of Human Rights. The new thing that can be stated is that the process of legislation and legal reform, especially regarding this action, must continue to be carried out based on Pancasila and the 1945 Constitution of the Republic of Indonesia, taking into account the religious and cultural norms that apply in Indonesian society.
Legal Review of the Impact of Early Marriage on Health Saida, Nur; Ari. AM, Muhammad As; Irabiah, Irabiah
Sangia Nibandera Law Research Vol. 1 No. 2 (2024): Sangia Nibandera Law Research, December 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19645740

Abstract

Early marriage is a marriage event carried out by children under 19 years old for both men and women. As in Central Buton Regency, the number of early marriages always occurs, causing the village government to minimize the number of early marriages. This study aims to determine the background of early marriages. This study uses a normative empirical approach, described descriptively with data sources consisting of children or adolescents who have early marriages, the community, KUA and health authorities. The validity of the data in this study uses source triangulation techniques, and data analysis uses Milles and Huberman interactive analysis. This study produced several findings, namely that early marriages that occur in Central Buton Regency are caused by several factors, both internal and external. Internal factors that come from within are their own will, while external factors are the parents' economy, the parents' wishes, education and pregnancy outside of marriage. The public's view of early marriage in Central Buton Regency is to have a positive view because it is commonplace. The role of the government is very influential on the welfare of its people. The village government certainly regrets that children who are still of school age have to choose to get married because these children should get a decent education and must continue their education to a higher level. This has triggered the village government to overcome or minimize the occurrence of marriages by, in the initial stage, beingadvised by the KUA, the Health Department regarding the impact of early marriage on health, motivating parents to continue their children's education to a higher level, suspending marriage books, tightening the rules of the Marriage Law and its sanctions.
Juridical Review of Criminal Liability Perpetrators of the Obstruction of Justice in Office Order Putri, Pamuka Aisyah Perico; Basrawi, Basrawi; Sakti, La Ode Awal; Irabiah, Irabiah
Sangia Nibandera Law Research Vol. 1 No. 2 (2024): Sangia Nibandera Law Research, December 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19645763

Abstract

An official order is an order given by someone who has power and position in an institution or institution. A valid official order is an official order given by someone who has the authority and the order is still in the realm of his work. The article governing official orders is contained in Article 51 of the Criminal Code. Obstruction of justice is an act that harms many parties, therefore anyone involved in obstruction of justice deserves to be punished according to applicable law. The research method used in writing this thesis is normative, namely examining laws and examining scientific papers that are in accordance with the problems that are the topic of making a thesis. The result of this research is that a person who commits an act of obstruction of justice in an official order can be given a penalty according to the provisions if with full awareness knows that the act is an act that has elements of a criminal offense and cannot be said to be obstruction of justice if the person concerned does not know at all that the order contains elements of a criminal offense.
Hak Asasi Manusia dalam Proyeksi Konstitusionalisme dan Negara Hukum Indonesia Afoeli, La Ode Muhammad Taufiq
Sangia Nibandera Law Research Vol. 1 No. 2 (2024): Sangia Nibandera Law Research, December 2024
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19645772

Abstract

Penelitian ini mengkaji hubungan antara hak asasi manusia (HAM) konstitusinalisme, dan negara hukum dalam kerangka Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Dengan Pendekatan yurudis normative, penelitian ini menganalisis sumber hukum primer dan sekunder untuk memahami integrasi HAM dalam system hukum Indonesia. Pendekatan historis digunakan untuk menelusuri perkembangan konsep HAM dalam sejarah konstitusionalisme nasional, sedangkan analisis konseptual dilakukan untuk menguraikan korelasi HAM, nilai-nilai Pancasila, dan prinsip Negara hukum. Hasil penelitian menunjukan bahwa HAM di Indonesia tidak hanya mencerminkan prinsip universal, tetapi juga nilai moral dan kebangsaan yang menjadikannya lebih dari sekadar kebebasan individu, melainkan sebagai kemerdekaan yang bermartabat. Kajian ini menegaskan bahwa pemenuhan HAM adalah elemen esensial dalam membangun Negara hukum yang adil dan beradab sesuai semangat pancasila.

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