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MOHAMMAD ALVI PRATAMA
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INDONESIA
JURNAL LITIGASI (e-Journal)
Published by Universitas Pasundan
ISSN : 08537100     EISSN : 24422274     DOI : http://dx.doi.org/10.23969/litigasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 22 No 2 (2021)" : 6 Documents clear
PERSPEKTIF KEADILAN BERMARTABAT DALAM PARADOKS ETIKA DAN HUKUM Fradhana Putra Disantara
JURNAL LITIGASI (e-Journal) Vol 22 No 2 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i2.4211

Abstract

The law and ethics have a relationship between the two. However, there are often conflicts between law and ethics. This phenomenon is as happened in the case of cancellation by the State Administrative Court (PTUN) of the Presidential Decree as a follow-up to the ethical decision that is final and binding from the Election Organizing Honorary Council (DKPP). This study uses a statutory and conceptual approach by using primary and secondary legal materials. The two legal materials are inventoried to obtain a prescriptive legal analysis and provide a holistic conceptual study of the legal issues discussed. This legal research aims to analyze the position of ethics in legal instruments in Indonesia concerning infrastructure and ethical decisions and to investigate the enigma between law and ethics in one case in the perspective of a dignified justice theory. The study results show that the DKPP decision's position is equivalent to a legal court decision. On the other hand, the role of ethics in legal instruments in Indonesia is equal; and is based on the 1945 Constitution of the Republic of Indonesia. Based on the perspective of the theory of dignified justice, the cancellation of the Presidential Decree as a follow-up to the ethical judgment of the DKPP has ‘abused’ the three legal functions. Thus, it is necessary to distinguish between Presidential Decrees, which are products of administrative law and the Presidential Decree, which is a follow-up to the decision of the DKPP ethical court. Keywords: Law and Ethics, Dignified Justice, DKPP, Ethics Court.
POTENSI ANCAMAN PIDANA MELAKUKAN KERUMUNAN DI TENGAH PANDEMI COVID 19 DI INDONESIA Musa Darwin Pane
JURNAL LITIGASI (e-Journal) Vol 22 No 2 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i2.4119

Abstract

This study aims to determine the regulation of criminal threats for crowding in the midst of the COVID-19 pandemic according to positive law in Indonesia and to find out the criminal threats (prison or fines) against those who crowd in the midst of the COVID-19 pandemic according to the penal system. The approach method used in this research is normative juridical and the research specification uses descriptive analytical method. The results of the study show that in positive law there are administrative criminal sanctions that are threatened for perpetrators who gather in the in the time of COVID-19 pandemic, namely Article 14 paragraph (1) of Law No. 4, 1984 concerning Outbreaks of Infectious Diseases, Article 93 of Law Number 6, 2018 concerning Quarantine, Article 212, Article 214, Article 216, and Article 218 of the Criminal Code. Meanwhile, the criminal threat for those attracting crowds amidst the COVID-19 pandemic can be subject to criminal penalties if the perpetrators resist as stipulated in the legislation, but this criminal sanction is a last resort or ultimum remedium. Thus, the author is of the view that it is necessary to have a functioning agency or institution that is concerned with prevention and supervision through massive approach and layered supervision. Keywords: Criminal, Crowd, COVID-19.
PENDIDIKAN SOCIAL JUSTICE DI MASA PANDEMI COVID-19 : PERTIMBANGAN DAN KEKHAWATIRAN Hesti Septianita; Rosa Tedjabuwana; Alif Putra Utama
JURNAL LITIGASI (e-Journal) Vol 22 No 2 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i2.3841

Abstract

The outbreak of the Covid-19 virus has caused disruptions across the globe. The table has turned drastically and unexpected. All aspects of life are impacted by this corona virus. The world, ready or not are forced to adapt with the situation. Legal schools have to conduct online learning. The concern should be paid to how social justice education can be done online when trying to sensitize the students towards social justice. The approach used in this research was juridical normative examining norms related to social justice learning. Conceptual approach was used to show views and analysis of problem solving on social justice learning through online method at undergraduate level to produce lawyers with legal professional skills. Therefore, traditional law school curricula provide chances for students to develop their skills. The impact is that online learning that can produce future litigators with the same or even better quality with the conservative method is still in doubt. The research concluded that some elements are missing from the online learning when teaching social justice to students such as professional skills and social emphathy. Keywords: Outbreak of Covid-19 Virus, Online Learning, Social Justice.
IMPLEMENTASI MODEL PIDANA KERJA SOSIAL BERBASIS NILAI-NILAI HUKUM ADAT SUNDA Rd. Dewi Asri Yustia; Gialdah Tapiansari Batubara; Tia Ludiana
JURNAL LITIGASI (e-Journal) Vol 22 No 2 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i2.4526

Abstract

Criminal sanctions against perpetrators of corruption crimes require extraordinary breakthrough according to the penal objectives, which is not only to provide a deterrent effect for the perpetrators, but also to provide benefits to the community by optimizing the competencies held by the perpetrators, since perpetrators of corruption are competent either in the aspects of social, economics and politics. The current criminal sanctions do not lead to the utilization of the potential possessed by the perpetrators of criminal acts. The focus still leads to deter the perpetrators only by providing severe criminal sanctions, namely by accumulating criminal sanctions in prison and fines, as well as other additional sanctions that focus on perpetrators, not on to interests of the state and society. The result of the research is to conceive the concept of social work sanctions that utilize the competence/expertise of the perpetrators to be able to provide great benefits to the community directly which implementation is based on the values ​​contained in Sundanese customary law, so that the objectives of the punishment are not only to correct the conduct of the perpetrators, but also to restore state financial losses, and to provide great benefits for the community. Keywords: Sanction of Community Service, values, Sundanese Customary Law, Purpose of Punishment.
POLARISASI BERITA BOHONG COVID-19 : VIKTIMISASI KOLEKTIF Marli Candra; Nada Fitriyah Alifiana
JURNAL LITIGASI (e-Journal) Vol 22 No 2 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i2.4057

Abstract

COVID-19 has changed the structural behavior of the world community, including the increasing spread of hoax. The massive spread of hoaxes and the abundance of available information has confused the community in indicating which information is correct or hoax. This paper uses a qualitative method with an analytical-descriptive approach. The author emphasizes the aspect of in-depth understanding of a problem by reviewing and analyzing scientific works and various scientific literature. The central factors of this research are facts related to the COVID-19 fake news and the identification of the impact of the spread of the false news. The study found that the huge number of hoaxes related to COVID-19 caused collective victimization, namely the community. Unclear information results in civil resilience. This resilience raised the community resistance regarding government policies in minimizing the impact of COVID-19 on public health in general. Keyword: COVID-19 Polarizattion; Hoax: Collective Victimization.
MENINJAU ULANG SANKSI KEBIRI KIMIA DARI PERSPEKTIF PEMBAHARUAN HUKUM PIDANA BERDASARKAN PANCASILA Hario Danang Pambudhi; Hanifah Alya Chaerunnisaa
JURNAL LITIGASI (e-Journal) Vol 22 No 2 (2021)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v22i2.3766

Abstract

Starting from the state's concern about the increasing numbers of sexual violence against children, the government has issued a chemical castration policy for perpetrators of sexual violence against children as an additional punishment or treatment. In general, children are a group vulnerable to sexual violence. This is because children are deemed unable to defend themselves and inadequate sex education in Indonesia. Through this research, the researchers tried to see whether the implementation of the castration policy can be the right form of punishment. By using the normative juridical method through an approach to legal principles with qualitative data analysis presented in a descriptive-analytical manner, the researchers found that the chemical castration policy against perpetrators of sexual violence against children actually injures the concept of criminal law reform which is currently on the country's big agenda to create criminal law in accordance with the values ​​of Pancasila, namely peace. The chemical castration policy is also a form of state neglect of the rights of victims and the rights of perpetrators which should be accommodated properly, without having to use chemical castration as a solution. Keyword: Chemical castration, Balance, Victims, Criminal law reform, Perpetrators.

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