cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
MOHAMMAD ALVI PRATAMA
Contact Email
alvi.pratama@unpas.ac.id
Phone
+62224-217343
Journal Mail Official
litigasi@unpas.ac.id
Editorial Address
Jl. Lengkong Besar 68 Bandung 40261 Jawa Barat.
Location
Kota bandung,
Jawa barat
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. 24 No. 1 (2023)" : 8 Documents clear
PENGAWASAN PELAKSANAAN KESEPAKATAN MEDIASI PENAL DALAM PENERAPAN RESTORATIVE JUSTICE PADA TAHAPAN PENYIDIKAN Dwiki Oktobrian; Rani Hendriana; Dwi Hapsari Retnaningrum; Muhammad Lukman Nurhuda
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.6208

Abstract

Restorative justice in the investigation is carried out by using the penal mediation method which provides an opportunity for the Victim and the Perpetrator in a participatory way to formulate a peace agreement facilitated by the Investigator. Penal mediation comes from civil mediation with problems in the process of drafting an agreement which must be ensured that it comes purely from the Parties. This research is a socio legal research conducted at the Directorate of General Criminal Investigation of the Regional Police of Central Java and the Indonesian Advocates Association of the Semarang Branch of the Leadership Council with the methods of interviewing, observing, and reviewing case files. This research examines two problems: how the process of preparing a penal mediation agreement fits into the application of restorative justice at the investigation stage, and how to supervise the implementation of a penal mediation agreement at the investigation stage. The results of the study show that the penal mediation agreement was prepared by the Parties themselves, facilitated by the Investigator, but did not involve the community so that the orientation of returning to social harmonization was not felt. Keywords: Restorative Justice, Penal Mediation, and Investigation.
KETIMPANGAN DISTRIBUSI TANAH DAN PENGARUHNYA TERHADAP KETAHANAN PANGAN Iwan Sukamto; Yuwono Prianto
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.6213

Abstract

The majority of land distribution in Indonesia is controlled by companies. Only 2.7 million hectares  of the land are allocated for the community, while companies control the 94.8 percent of the land. The unequal distribution of land raises problems in the food security sector. This study examines the consistency of legal rules related to land distribution in the context of food security. For this reason, normative legal research is used based on secondary data collected which is analysed qualitatively using deductive logic. The policies on land distribution in supporting food security faced many obstacles and constraints because it is unable to accommodate strategic factors in the land sector, resulting in conflict of laws and regulations that have an impact on the slow distribution of agricultural land. Keywords: Agrarian Reform, Food Security, Inequality, Land Distribution.
POLITIK HUKUM KEWARGANEGARAAN INDONESIA: STUDI TERHADAP STATUS WARGANEGARA YANG MENJADI FOREIGN TERORIST FIGHTERS (FTF) ISIS Iwa Kustiwa; Susi Dwi Harijanti; Widati Wulandari
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.6951

Abstract

Government policy reflects the extent to which Indonesian citizenship law accommodates the issue of Foreign Terrorist Fighter (FTF)s, as well as future projections of what can be done against FTF based on related laws and regulations, especially those related to citizenship laws. The method used in this study is normative juridical, with data collection through literature study. The results showed that the citizenship status of Foreign Terrorist Fighters from Indonesia based on a human rights perspective, the state can only revoke a person's citizenship based on a court decision. A person's citizenship status is a fundamental right, and a precious right, therefore, the rights of every citizen must be recognized, respected, protected, facilitated, and fulfilled by the state. In solving the problem of citizenship status of former FTF from Indonesia, it is necessary to improve performance and cooperation in the deradicalization process by all elements of the Government and Law Enforcement Officers commanded by the National Counterterrorism Agency and the development of sterile area infrastructure with a high security system to carry out the deradicalization process while carrying out the FTF citizenship status determination trial process. Keywords: Law, Citizenship, Foreign Terrorist Fighters.
URGENSI PENGESAHAN UNDANG-UNDANG PERAMPASAN ASET TINDAK PIDANA DALAM MENCEGAH DAN MEMBERANTAS TINDAK PIDANA PENCUCIAN UANG Rika Kurniasari Abdulgani
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7129

Abstract

A form of crime that often occurs in Indonesia is money laundering. Indonesia is declared as one of the Non-Cooperative Countries and Territories (NCTTs) countries with the threat of sanctions for termination of international banks with Indonesian banks, other countries will reject Letters of Credit (L/C) issued by Indonesian banks and Indonesian financial institutions will be charged high fees in every financial transaction with foreign institutions. Indonesia itself only criminalized money laundering in 2002 with the enactment of Law Number 15 of 2002. The Criminal Asset Forfeiture Bill is carried out by the in rem forfeiture method by asserting that a legal action is taken against the asset, not against the individual (in rem personam) with emphasis on assets allegedly derived or used in criminal acts. Allowing criminal actors to continue to control the proceeds and instruments (assets) of criminal acts will provide opportunities for criminal actors or other parties to enjoy the proceeds of crime and reuse the proceeds of crime for other crimes, so that the Criminal Asset Forfeiture Bill is indispensable in preventing and eradicating Money Laundering. Keywords: Money Laundering, Aset Forfeiture, Follow The Money, Criminal Act.
CAN ALTERNATIVE DISPUTE RESOLUTION MECHANISMS REVOLUTIONIZE CONFLICT AND DISPUTE RESOLUTION IN INDONESIA? Subrata, Rusli
LITIGASI Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7198

Abstract

Humans, as Aristotle suggests, are inherently social beings ("zoon politicon"), driven to interact within society. However, Thomas Hobbes presents a contrasting view, describing humans as "homo homini lupus," indicating that human nature is inherently conflict-prone. The pursuit of individual interests often leads to legal conflicts, especially in Indonesia, where dispute resolution can be categorized into litigation and non-litigation methods. The 1999 Arbitration and Alternative Dispute Resolution Law (Undang-Undang No. 30 Tahun 1999) introduced a fresh perspective on conflict resolution. Yet, this law addresses only disputes, overlooking the broader concept of conflict, which often entails more complex societal issues. Additionally, many view alternative dispute resolution (ADR) as limited to civil cases, ignoring its potential application in broader contexts. This research, employing a doctrinal legal research methodology, examines the distinction between dispute and conflict and explores the role of ADR in resolving both. The findings reveal that while ADR is primarily recognized for resolving disputes, its principles can also be applied to broader conflicts that extend beyond civil matters. The novelty of this study lies in its exploration of ADR’s potential to address not only legal disputes but also more profound societal conflicts in Indonesia. The urgency of this research is underscored by the need for an inclusive, effective approach to resolving various legal and societal challenges. The study contributes to the broader understanding of ADR's potential in reshaping Indonesia’s conflict resolution landscape.
EKSTENTIFIKASI KEWENANGAN MAJELIS KEHORMATAN MAHKAMAH KONSTITUSI DALAM MEMPERKUAT GAGASAN CONSTITUTIONAL ETHICS Fradhana Putra Disantara; Febri Falisa Putri; Sylvia Mufarrochah; Elsa Assari
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7232

Abstract

This research has an urgency to construct the extension of MKMK's authority to be required to provide information in its capacity as an examiner of code of ethics violations committed by MK judges to law enforcement officials if MK judges become suspects or defendants of a crime. This research is a normative legal research with a concept and statutory approach. The urgency of idea  constitutional ethics in maintaining the code of ethics of MK judges  which can actually be optimized with  formation of MKMK based on MK Regulation No. 1 of 2023. The extension of MKMK's authority as the implementation of  idea of constitutional ethics in optimizing efforts to safeguard the code of ethics of MK judges can actually be carried out by revising Article 3 of MK Regulation No. 1 of 2023 to extend or expand the authority of MKMK in providing information if MK judges are caught in a crime, in particular giving considerations from an ethical perspective is actually aimed at strengthening  relationship between ethical norms and legal norms. Also that the phenomenon in the Constitutional Court Decision No. 103/PUU-XX/2022 will not be repeated in the future. Keywords: Constitutional Ethics, Authority, Honorary Council of the Constitutional Court.
INCLUSIVE CIVIL SOCIETY: ENHANCING ACCESS TO JUSTICE THROUGH COMMUNITY-BASED WITNESS AND VICTIM PROGRAMS Mulyani, Leni Widi; David, Desiree
LITIGASI Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7374

Abstract

Witnesses and victims are crucial elements in the criminal justice system, as their participation aids in uncovering the truth. However, in Indonesia, their protection and support remain inadequate. Many witnesses and victims face intimidation, actual threats, and potential harm. The Indonesian Agency for Witness and Victim Protection (LPSK) was established to safeguard their rights and provide protection. Despite its mandate, LPSK faces significant challenges due to Indonesia's vast territory and increasing caseloads, necessitating collaboration with local communities. To address this, the Friends of Witnesses and Victims (Sahabat Saksi dan Korban—SSK) program was created—a community-based initiative operational in seven regions to bridge the gap between LPSK and affected individuals. This study examines: (1) how community involvement facilitates protection and access to justice for witnesses and victims, and (2) the challenges faced by the SSK program in assisting communities. Using normative legal research, supported by social and conceptual approaches, data was collected through structured interviews with program participants and LPSK implementing teams. Findings reveal that the SSK program significantly enhances LPSK's outreach, providing vulnerable individuals with better access to their legal rights. Simultaneously, it fosters a sense of protection and state recognition within the community. The novelty of this research lies in its exploration of civil society's role in supporting witness and victim protection, highlighting the program’s potential as a scalable model for improving justice accessibility. This study contributes to strengthening community-state cooperation in the field of victim and witness protection in Indonesia.
ADVANCING PROTECTION AND INDEMNITY INSURANCE (P&I CLUBS): STRENGTHENING LEGAL PROTECTION FOR INDONESIAN CARRIERS Abdullah, Mohd. Kamarulnizam; Rachmawati, Irma
LITIGASI Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7382

Abstract

Sea transportation is inherently exposed to various risks, including vessel damage and marine pollution caused by collisions and accidents. These risks pose significant challenges to carriers, particularly when they fall outside the scope of traditional insurance coverage. To address such gaps, shipowners have established Protection and Indemnity (P&I) Clubs, mutual associations that provide comprehensive coverage for liabilities not covered by conventional underwriters. This study explores the critical role of P&I Clubs in protecting Indonesian carriers, focusing on their rules and operational impact. It also examines the distinctions between P&I Clubs and traditional marine insurance, highlighting their complementary roles. Employing a library research method with a dogmatic legal approach, the study utilizes diverse sources, including international conventions, domestic legislation, case law, legal literature, P&I Club rules, and reputable online resources. The findings reveal that P&I Clubs offer broader and more specialized coverage than standard marine insurance, particularly in addressing pollution-related accidents. For example, P&I Clubs cover the full scope of pollution impacts, providing a level of protection unavailable through other means. The novelty of this research lies in its focused analysis of P&I Club practices in the Indonesian context, offering insights into their unique contributions to maritime risk management. By bridging the gap between legal theory and practical application, this study underscores the urgency of integrating P&I Club mechanisms into Indonesia's maritime industry, contributing to enhanced carrier protection and risk mitigation strategies.

Page 1 of 1 | Total Record : 8

 1 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol. 26 No. 2 (2025) Vol. 26 No. 1 (2025) Vol. 25 No. 2 (2024) Vol. 25 No. 1 (2024) Vol. 24 No. 2 (2023) Vol. 24 No. 1 (2023) Vol. 23 No. 2 (2022) Vol 23 No 1 (2022) Vol 22 No 2 (2021) Vol 22 No 1 (2021) Vol 21 No 2 (2020) Vol 21 No 1 (2020) Vol 20 No 2 (2019) Vol 20 No 1 (2019) Vol 19 No 2 (2018) Vol 19 No 1 (2018) Vol 18 No 2 (2017) Vol 18 No 1 (2017) Vol 17 No 2 (2016) Vol 17 No 1 (2016) Vol 16 No 2 (2015) Vol 16 No 1 (2015) Vol 15 No 2 (2014) Vol 15 No 1 (2014) Vol 14 No 2 (2013) Vol 14 No 1 (2013) More Issue