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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 8 Documents
 1 
Search results for , issue "Vol. 23 No. 2 (2022)" : 8 Documents clear
PENERAPAN ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK DALAM PENYELENGGARAAN PELAYANAN PUBLIK DI LEMBAGA PERMASYARAKATAN Mohamad Syaiful Aris; Ezra Tambunan; Dita Elvia Kusuma Putri; Xavier Nugraha
JURNAL LITIGASI (e-Journal) Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.5077

Abstract

Public service is a series of actions carried out in order to meet the service needs of each citizen. In the department of corrections, public service arrangements also hold an essential element in creating a quality environment. It is on the reason that prisoners as god's creatures are also entitled to proper service as is guaranteed by article 34 verses (3) of Constitution 1945. On the other hand, in implementing abovementioned, service in correctional service is not actually implemented properly. This is due to many factors, such as shortage of prison officers, overcrowded prison, and other factors.  Based on abovementioned, the author formulated 2 (two) legal problems: a) the prisoner's right to good public service under the Correctional Service Act; and b) AUPB applications upon service arrangements in the penitentiary. The method of research is legal research. It is concluded that: a) eventhough a convict has committed an offense, the state has to ensure he gets proper service during his time; b) Public service officers in prison should always refer its conduct to the General Principles of Good Governance such as impartiality, good service, and principle to not commit abuse of power. Keywords: Penitentiary, Public Services, AUPB.
EDUCATIONAL FAIR USE & DIGITAL LEARNING: COMPARATIVE STUDY BETWEEN INDONESIA & MYANMAR Ranti Fauza Mayana; Tisni Santika; Yin Yin Win
JURNAL LITIGASI (e-Journal) Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.5181

Abstract

The utilization of copyrighted works for educational purposes under the doctrine of fair use is globally accepted, however, the limit and the implementation measures are not clearly defined. In the age of digital learning where the creation, utilization, and dissemination of information in general and copyrighted works, in particular, have become borderless, it’s critical to analyze the proper implementation of educational fair use. Using  juridical normative approach combined with analytical study and comparative study between Indonesia and Myanmar Copyright Law, this research found that both Indonesia and Myanmar Copyright Law provide important exceptions that are specifically aimed at non-commercial educational purposes and public library archival context, however, the implementing regulations of the educational fair use still non-existence. To optimally and effectively implement the doctrine of fair use for educational purposes in the digital age it’s important to adopt globally accepted official guidelines to determine educational fair use more comprehensively followed by synergy, partnership, and collaboration between government, academics, and libraries in formulating both legal and digital infrastructures to guarantee that the implementation of educational fair use in digital age learning complies with national legislation and compliance with international copyright regulations. Keywords:  Copyright Law, Digital Learning, Educational Fair Use.
ANALISIS HUKUM TERHADAP PENOLAKAN SUAMI MENGUCAPKAN IKRAR TALAK DALAM PERKARA PERCERAIAN Yudi Prihartanto Soleh
JURNAL LITIGASI (e-Journal) Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.5608

Abstract

A husband who does not want to divorce may apply to the Religious Courts with the intention to delay the divorce by not declaring the pledge of divorce even though the case is final and binding. If the wife who files for divorce and the case has been decided, automatically the husband and wife are divorced. In case the divorce is filed at the same time, either one cannot file any lawsuit. When the husband does not exercise his right to make a divorce pledge, the wife then can only file a "Divorce Lawsuit" when the case filed by her husband is completed. This hinders the wife to file a divorce that may lead to unclear domestic situation. This study uses a normative juridical method with statutory and analytical approach through multidisciplinary approach, namely from aspects of Marriage Law, Religious Court Law, and KHI. The results showed that by filing a lawsuit in reconvention by the wife, if the husband does not declare the pledge after the decision is final, the divorce can still occur. Thus, the husband cannot impede the process of divorce that can harm the wife. Keywords: Husband's Rejection; Pledge of Divorce; Divorce Case.
RELEVANSI KEBIJAKAN TPPA 2011 TERHADAP NEGARA-NEGARA ANGGOTA WTO DALAM PERDAGANGAN INTERNASIONAL Meliyani Sidiqah
JURNAL LITIGASI (e-Journal) Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.5786

Abstract

Tobacco Plain Packaging Act (TPPA) 2011 is one of the laws enacted by Australia which is opposed by tobacco producing countries because it requires plain packaging of cigarettes and other tobacco products. The purpose of this research are to find out the relevance of the TPPA 2011 promulgated by Australia to the trade provisions in the WTO, and to find out the legal consequences for WTO members that have bilateral relation with Australia. The specifications of this research is descriptive. The type of research is normative juridicial research. The approach method is statute approach, and case aprroach. The data collection technique is through the study of primary, secondary and tertiary legal material which are analyzed using qualitative methods. The first result is, TPPA 2011 is not relevant to the trade provisions in the WTO. The second result is the WTO members that have bilateral relation with Australia must be willing to comply with the TPPA 2011. Keywords: Australia; cigarette plain packaging;TPPA 2011.
IMPLIKASI UNDANG-UNDANG TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ASPEK PERLINDUNGAN KORBAN Mega Fitri Hertini; Dina Karlina; Hj. Herlina; Sri Ismawati; Lina Maryana; Dio Aswad Addhauly
JURNAL LITIGASI (e-Journal) Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.5929

Abstract

This research aims to review the implications of Anti-Sexual Violence Act which is focused on the aspect of victim protection. This research uses a socio-legal approach. Considering that sexual violence can occur in any locations and even the perpetrators can be victims’ closest relatives. The substantive of the law is to provide protection to the victims, including victims of revenge porn which can be defined as the distribution of pornographic content as a form of revenge against victims. This is stated in Article 4 Paragraph 1 of the aforesaid act, that there are at least nine criminal acts of sexual violence. The Act on the Crime of Sexual Violence has been officially promulgated through the State Gazette after it was enacted in the Plenary Meeting on April 12, 2022. The passing of the law is a historic moment that has been long awaited by the public. The presence of regulation is considered to be an evidence of the struggle of victims. Therefore, it is very important to see the implications of the law from victim protection aspect, in addition to the law as a legal protection instrument for the victims of sexual violence. Keywords: Implications, Sexual Violence, Victim Protection.
KOMPARASI PENGGUNAAN ANALYSIS REGULATORY METHOD SEBAGAI INSTRUMEN PENDUKUNG KEBIJAKAN DALAM PENYUSUNAN PERATURAN PERUNDANG-UNDANGAN Ihsanul Ihsanul Maarif; Firdaus Arifin
JURNAL LITIGASI (e-Journal) Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.6128

Abstract

The promulgation of laws has been stipulated in Law Number 12 of 2011 concerning Guidelines for the Promulgation of Laws, which has been changed post enactment of Law Number 13 of 2022 on Second Amendment of  Law Number 12 of 2011, one of which is the application of the Regulatory Impact Analysis (RIA) and the Rule, Opportunity, Capacity, Communication, Interest, Process Method, and Ideology (ROCCIPI) as the basis for the Establishment of Legal Products in e Academic Manuscript of the Bill of Law/Regional Regulation.  Integrating the methods into Academic Manuscripts is incorrect considering that it serves as the justification (philosophical, sociological, and juridical) which is academic or scientific in nature upon the conclusion of Laws and Regional Regulations. (RIA) is an analysis method of policies that acts as a companion to academic manuscripts called the RIA Statement. This is interesting to study of how is the development of the RIA and ROCCIPI in promulgating laws? How do the techniques for preparing academic manuscripts pre and post the enactment of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 compare? Keywords: Regulatory Impact Analysis; Rule, Opportunity, Capacity, Communication, Interest, Process, and Ideology; Legal Products.
DIGITALISASI PENDIDIKAN HUKUM Anthon F. Susanto; Hesti Septianita; Rosa Tedjabuana; Mohammad Alvi Pratama
JURNAL LITIGASI (e-Journal) Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.6216

Abstract

The world has changed into a reality engineered through logic digital known as artificial intelligence. When the intelligence develops in rapid fashion into conscience like human, the potential game, website and other network and digital facility will drastically be increasing. Methods used is a participative-mixed method model of research with four approaches which are philosophical, conceptual, socio-legal and textual-critique approaches with literature study data collecting technique. In this era of artificial intelligence, legal education should be reborn with new face, education with commitment to respond digital development without ignoring the value of wisdom. Legal education will lead to the development of practical skill and is based on values of wisdom. Legal education should establish cultural-based curriculum as legal education is an education of behavior. Legal education should be adapted with global values but paying attention to local aspects or on the other hand maintaining rational education and constructing sense of logic and retaining good practical skill and the concern to marginalized community. That is what future legal education should be. Keywords: Digitalization, Artificial Intelligence, Legal Education.
KEARIFAN SPIRITUAL DALAM PENDIDIKAN HUKUM LINGKUNGAN Mella Ismelina Farma Rahayu; Anthon F. Susanto; Liya Sukma Muliya
JURNAL LITIGASI (e-Journal) Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.6321

Abstract

This paper will describe and examine local wisdom values that are implemented in environmental law education in Indonesia. Environmental law education is now more oriented towards liberal environmental law education so that it ignores the values of local wisdom. Based on this, the problem that arises is how about local wisdom can be the basis for environmental law education by internalizing local wisdom in environmental law teaching materials. The study in this paper uses m The research approach method is normative juridical. Secondary data were gathered through literature searches and analyzed using qualitative legal analysis to reach conclusions using a deductive syllogism.From the results of the study, it was concluded that klocal wisdom is full of spiritual meaning and ethical values. This local wisdom rests on the philosophy of values, ethics, and ways of behaving and behaving that are traditionally institutionalized. This is an important basis for environmental law education, which is a guide for humans when dealing with their environment. Keyword : Wisdom, Values, Education, Environmental Law.

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