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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. 24 No. 2 (2023)" : 8 Documents clear
PROBLEMATIKA PRAKTIK PEMBERIAN KETERANGAN AHLI HUKUM PIDANA DALAM PEMBUKTIAN TINDAK PIDANA KORUPSI Erdianto Effendi
JURNAL LITIGASI (e-Journal) Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

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Abstract

Expert testimony is one of the pieces of evidence used in criminal procedural law based on the provisions of Article 184 of the Criminal Procedure Code. The testimony of criminal law experts is also used in proving corruption crimes. In practice, there are several problems related to the role of criminal law experts in proving corruption. Among the issues are allegations of non-objectiveness of experts in providing information. The information provided tends to benefit one presents it. This research uses a normative approach. The results of the study empirically found several problems in the evidentiary process using the testimony of criminal law experts. Some of these problems include: What should a criminal law expert prove, who should present an expert, whether investigators and judges are bound with the testimony of criminal law experts, whether the experts testimony is based on operational costs and honorariums, and other questions to which juridically answers have not been found.. Based on these findings, it is hoped that there wil.l be clear arrangements regarding the role of criminal law experts in proving corruption crimes. Keywords: Criminal Law Expert, Proof, Crime of Corruption.
THE KONSEPSI KEPEMILIKAN SOSIAL DALAM PERLINDUNGAN INDIKASI GEOGRAFIS PALA KABUPATEN ACEH SELATAN Dara Quthni Effida; Eza Aulia; Jefrie Maulana
JURNAL LITIGASI (e-Journal) Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

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Abstract

Indonesian GIs is still little than of their leading commodities that have the potential to receive legal protection as GIs. One of them is South Aceh's nutmeg as leading commodities. The research question revolves around the concept of social ownership within the legal protection framework of South Aceh Nutmeg's geographical indication and how its legal protection operates. This study aims to elucidate the concept of social ownership concerning the legal protection potential of South Aceh Nutmeg's geographical indication. This research employs a normative juridical method using legislative analysis and a conceptual approach. The registration of geographical indications is vital for securing legal protection concerning social ownership rights and the product's regional origin. Geographical indications serve as instruments to protect products possessing unique geographical characteristics, acting as a claim to social ownership for the communities producing these goods. There are four fundamental principles in developing the concept of social ownership: active participation, sustainable management, responsibility in preservation, and equitable benefit-sharing. The development of social ownership concepts is anticipated to resolve issues related to the deserving and fair legal protection of the South Aceh Nutmeg Geographical Indication. Keyword: Social Ownership, Geographical Indication, Nutmeg, South Aceh.
IMPLIKASI PERTANAHAN DALAM PENANGANAN KONFLIK AGRARIA DI INDONESIA Saim - Aksnudin
JURNAL LITIGASI (e-Journal) Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

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Abstract

This research analyzes the implications of land issues in handling agrarian conflicts in Indonesia using a normative juridical analysis method. By examining legislation, court decisions, and legal experts' opinions, this study reveals the close relationship between land issues and agrarian conflicts in Indonesia. The analyzed implications of land include regulatory aspects, legal certainty, and understanding of land issues in resolving agrarian conflicts. The research findings indicate that unclear, overlapping, or conflicting legislation can hinder the resolution of agrarian conflicts. Moreover, the divergence of court decisions significantly impacts the handling of agrarian conflicts. Legal experts' opinions also provide diverse perspectives on the implications of land in the context of resolving agrarian conflicts. To achieve sustainable resolution of agrarian conflicts, effective coordination among relevant institutions is necessary to improve land regulations, ensure legal certainty, and enhance understanding of land issues. Additionally, efforts to promote dialogue and community participation need to be strengthened in handling agrarian conflicts. Keywords: Land, Agrarian Conflict, Implications, Legal Certainty, Conflict Resolution.
Pengembalian Aset pada Tindak Pidana Korupsi Di Maluku Melalui Uang Pengganti Astuti Nur Fadillah; Erwin Ubwarin; Anna Salamor
JURNAL LITIGASI (e-Journal) Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

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Abstract

Corruption-related criminal offenses represent a significant challenge in Indonesia. The high number of cases and the financial losses to the state consistently make headlines in the mass media, causing considerable concern among the public. The Indonesian government has made efforts to combat this issue by enacting laws such as Law Number 31 of 1999 on the Eradication of Criminal Acts of Corruption and Law Number 20 of 2001, an amendment to Law Number 31 of 1999. This research employs the Juridical Empirical method, which examines positive law provisions, legal principles, legal doctrines, and legal principles to address the legal issues at hand. The imposition of compensation as a penalty is considered an additional punishment, contingent upon the judge's discretion in evaluating the evidence presented during the trial. The confiscation of assets resulting from corruption can occur through both criminal and civil avenues. In the criminal pathway, the process involves asset tracking, freezing or confiscating assets, asset seizure, return, and handover. Meanwhile, the civil route is utilized if there are still assets owned by the convict suspected to originate from corrupt practices that have not yet been seized by the state. Keywords: Asset Recovery, Corruption Offenses, Compensation Money.
PENGUATAN PERAN PARTAI POLITIK DALAM PEMILIHAN UMUM LEGISLATIF PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 114/PUU-XX/2022 Fajar Ramadhan Kartabrata
JURNAL LITIGASI (e-Journal) Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

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Abstract

The Constitutional Court Decision Number 114/PUU-XX/2022 emphasizes the necessity of implementing the electoral system through proportional representation with an open list. This decision aims to strengthen the role of political parties as participants in the electoral process, ensuring high-quality and dignified elections in line with constitutional principles. Such affirmation is rooted in a critical paradigm shift for political parties as key pillars of democracy. This research employs a juridical-normative analysis approach, delving into secondary data through literature reviews. The research findings indicate the central role of the Constitutional Court as the final interpreter of the constitution and the guardian of democratic integrity. Decision Number 114/PUU-XX/2022 provides a profound interpretation of the constitution, aimed at improving the implementation of political parties' participation in elections. Although the Constitutional Court's considerations are non-executorial, its guidelines offer crucial insights into conducting democracy in line with the constitutional spirit through elections. Keywords: Political Parties, Elections, Constitutional Court, Democracy.
PENERAPAN PASAL 5 AYAT (1) Undang-Undang NOMOR 8 TAHUN 2010 TENTANG TINDAK PIDANA PENCUCIAN UANG TERHADAP NOTARIS YANG MELAKUKAN PENCUCIAN UANG Maman Budiman
JURNAL LITIGASI (e-Journal) Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

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Abstract

The act of money laundering committed by a Notary begins with a conspiracy with his client. The conspiracy is due to alleged criminal acts such as corruption. The problems in this paper are the factors that cause Notaries to commit money laundering, whether Article 5 Paragraph (1) of Law Number 8, 2010 can be applied to Notaries who commit money laundering and the obstacles faced by law enforcement officials when processing Notaries who commit such offense. The research in this paper uses normative legal methods by examining document studies, using various secondary data such as laws and regulations, court decisions that have permanent legal force, legal theories, and expert opinions. The analysis is qualitative. The factors that cause the Notary to do this are intentional to protect the assets of their clients, the lifestyle of Notaries who want to get instant wealth through illegal means. The imposition of Article 5 Paragraph (1) of Law Number 8 of 2010 against a Notary who is suspected of committing the crime of money laundering requires proof of its origin and the obstacles faced by law enforcement officials in processing Notaries who commit the crime of money laundering. Keywords: Notary, Criminal Act, Money Laundering.
PENGARUH TRIAL BY THE PRESS TERHADAP PENEGAKAN HUKUM PIDANA DI INDONESIA Sonora Gokma Pardede; Febby Mutiara Nelson
JURNAL LITIGASI (e-Journal) Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

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Abstract

Press coverage on criminal news has allegedly conducted trial by the press. Media seems to take the role as law enforcement by searching for evidence, interviewing witnesses, analyzing the case and at the end judging based on their opinion towards the criminal case. Trial by the press certainly contradict the principle of presumption of innocence and the fair trial. Trial by the press often found when reporting the news of murder case of Brigadier Yosua and the domestic violence case of Valencya. This research studied about the impact of trial by the press on the process of criminal law enforcement in Indonesia and how the media covers the criminal case to avoid trial by the press. The research method used is juridical normative with conceptual analysis, statute approach and case analysis. The findings of the research are that trial by the press resulted in trial by the public where people conclude their own judgment of one particular case. Post entry into force of the New Penal Code, alleged media conducting trial by the press is subject to imprisonment and fine under Article 281 of the New Penal Code Keywords: Trial by The Press, Pers, Presumption of Innocent, Fair Trial.
THE CONTROVERSY OVER MINISTRY DISSOLUTION: INSIGHTS INTO INDONESIA’S PRESIDENTIAL SYSTEM Mutawalli, Muhammad; Zainal Amin Ayub; Amah, Emmanuel Ibiam
LITIGASI Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i2.10326

Abstract

This study examines the strengthening of presidential authority and investigates the polemics surrounding the dissolution of ministries in Indonesia, with a focus on the provisions of Law Number 39 of 2008. Employing a normative qualitative approach, the research draws on data collected through documentation, literature reviews, and interviews with officials, ministry representatives, and state studies activists in South Sulawesi and West Sulawesi. The findings highlight the critical importance of constructive collaboration and communication between the president, as the head of the executive, and parliament, as the legislature, to achieve consensus on cabinet formation. Effective dialogue fosters the creation of a cabinet composition that ensures both functionality and sufficient political support. However, the research identifies significant challenges, including a lack of transparency and limited public participation in legislative processes, as well as insufficient inter-agency collaboration in the drafting and enactment of laws. The study’s novelty lies in its exploration of the interplay between executive authority and legislative oversight in cabinet formation within Indonesia’s presidential system. By shedding light on the implications of these dynamics, the research contributes to the discourse on governance reform and emphasizes the need for enhanced institutional synergy to promote accountability and public trust.

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