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MOHAMMAD ALVI PRATAMA
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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 19 Documents
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Search results for , issue "Vol. 26 No. 1 (2025)" : 19 Documents clear
Politik Hukum Indonesia dalam Menghadapi Retaliasi Perang Dagang China terhadap Amerika Serikat Berdasarkan Prinsip Proteksionisme: Indonesia's Legal Policy in Responding to China's Trade War Retaliation Against the United States Based on the Principle of Protectionism Rastuti, Tuti; Khoirudin, Andian Achya Dzikriyyah
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.15157

Abstract

The trade war between the United States and China, driven by protectionist policies, has significantly disrupted global trade flows. For Indonesia, the conflict impacts exports, imports, and investment, while raising three critical: protecting domestic industries, maintaining neutral trade relations, and adhering to the principles of the World Trade Organization (WTO). Indonesia must formulate a balanced legal and trade strategy that upholds both national interests and international obligations. This study analyzes Indonesia’s legal-political response to China’s trade war retaliation against the United States, emphasizing the application of protectionist principles within the WTO framework. Employing normative legal research with statutory and conceptual approaches, the study draws on WTO agreements, national trade laws, and relevant case studies. The research findings indicate that Indonesia is able to maintain economic stability and promote peaceful relations with both conflicting countries through trade cooperation, while remaining compliant with the principles of the World Trade Organization (WTO). The "free and active" foreign policy is implemented as a form of “strategic hedging” or “pragmatic engagement” in Indonesia’s international trade policy. This concept serves to mitigate the risks associated with global trade war retaliation. Such a trade policy is in line with Indonesia’s foreign policy as mandated by the Constitution.
Duress Prevention in Juvenile Criminal Proceedings: Comparative Analysis of The United Kingdom and Indonesia Tantimin; Situmeang, Ampuan; Febriyani, Emiliya
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.19168

Abstract

The juvenile justice system is intrinsically related to youth development, as it is responsible for the education and rehabilitation of children who have committed or are suspected of committing a crime. Juvenile crimes must go through criminal proceedings before being tried in court. However, discussions on preventing duress during these proceedings in Indonesia remain limited. This research aims to analyze efforts to prevent duress during juvenile criminal proceedings in Indonesia, highlighting potential gaps and comparing them to the United Kingdom's juvenile justice system. Utilizing the normative research method with the support of the comparative approach, this study examines existing Indonesian laws and their implementation while juxtaposing them with the UK’s juvenile justice framework. The analysis reveals significant opportunities for duress to occur within Indonesia’s juvenile justice system, contrasting with the UK’s system, which has a more structured set of legal norms. Based on these findings, this research proposes a model for legal development, focusing on closing procedural gaps that allow duress to occur during juvenile criminal proceedings in Indonesia.
Mengkriminalisasi Greenwashing: Menjawab Tantangan Perlindungan Konsumen di Era Keberlanjutan: Criminalizing Greenwashing: Addressing Consumer Protection Challenges in the Era of Sustainability Zentoni; Santoso, Budi; Tobing, David M. L.
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.19243

Abstract

Greenwashing is a phenomenon where companies claim their products or policies are environmentally friendly when, in reality, they are not. This phenomenon has grown alongside increasing public awareness of the importance of environmental sustainability. Greenwashing not only harms consumers who are misled by these false claims but also poses a threat to the environment by obscuring corporate responsibility toward sustainability. In the context of criminal law, greenwashing can be categorized as a serious form of environmental fraud; however, many countries still lack clear regulations to address it. As sustainability becomes a central focus across various sectors, the need for stricter regulation and legal enforcement against unethical practices like greenwashing is crucial. This research uses a normative legal method with statutory, conceptual, and comparative approaches. The findings reveal that Indonesia's criminal law is insufficient in addressing greenwashing, which harms both consumers and the environment. Comprehensive legal reform is necessary. Indonesia currently lacks specific regulations that criminalize greenwashing, making it essential to revise laws such as the Criminal Code, the Consumer Protection Law, or Environmental Law. These reforms should include clear definitions, transparent evidence standards, and strict sanctions, including criminal penalties for companies found guilty. Several countries, such as France, Germany, Canada, and Australia, have taken proactive steps by tightening regulations and law enforcement. Indonesia can learn from these countries to develop a more responsive legal system. Adopting international standards and harmonizing regulations across countries is also important to address global challenges that allow multinational companies to evade responsibility....
Pendekatan Sadd Al-Dzari’ah Dalam Pencegahan Perkawinan Anak: Studi Kasus di Kabupaten Probolinggo: The Sadd Al-Dzari’ah Approach in Preventing Child Marriage: A Case Study in Probolinggo Regency Nugroho, Irzak Yuliardy; Cholil, Mufidah; Suwandi, Suwandi; Rouf, Abd
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.19478

Abstract

Child marriage remains a significant legal and social issue in Indonesia, particularly in Probolinggo, which has one of the highest child marriage rates in East Java. This phenomenon negatively affects children in terms of education, health, economy, and social well-being. This study analyzes child marriage prevention using the Sadd al-Dzari’ah approach, which aims to prevent actions leading to harm. Employing an empirical juridical method with a qualitative approach, data were gathered through interviews, observations, and legal document analysis. The findings reveal that preventing child marriage is not only permissible but also recommended in Islamic law. The Sadd al-Dzari’ah approach is applied through three key elements: al-ifda (the negative impacts of child marriage), al-wasilah (preventive measures such as education and legal enforcement), and al-mutawasal ilaih (the ultimate goal of protecting children’s rights and well-being based on Maqasid Shariah). The study also highlights challenges in implementation, such as legal loopholes in marriage dispensation, socio-cultural norms, and economic factors that continue to drive child marriages. Strengthening policies, increasing public awareness, and integrating Islamic jurisprudence with national law are essential in effectively reducing child marriage rates.
Studi Komparatif Pemilihan Bentuk Pengaturan Tentang Model Penyusunan Tindak Pidana Korupsi dalam Undang-Undang Tindak Pidana Korupsi Indonesia dan Malaysia: Comparative Study on the Choice of Regulatory Models for the Formulation of Corruption Crimes in the Anti-Corruption Laws of Indonesia and Malaysia Ridwan; Setiadi, Edi; Yulia, Rena; Heniarti, Dini Dewi; Batubara, Gialdah Tapiansari; Jaya, Belardo Prasetya Mega
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.19611

Abstract

Corruption in Indonesia has occurred at all levels of society as if corruption in Indonesia is never-ending to be discussed. Many law enforcers are involved in corruption, causing a community confidence crisis. Regardless, on the other hand, society is also apathetic and permissive towards criminal acts of corruption; society is also a contributor to corruption, especially in the implementation of the general and regional elections. It happens because of the perception that money politics is a natural thing in an imperfect democracy. This condition occurs because it is supported by the weak legal substance related to the crime of corruption. The weak legal substance is caused by legislative process errors, resulting in errors at the application and execution stages. So, it is necessary to examine the model of drafting laws related to the crime of corruption using normative juridical methods, namely analysing various laws related to the crime of corruption with a comparative approach by comparing the model of Indonesia's and Malaysia's anti-corruption laws drafting. The results showed that the drafting of corruption crimes in Indonesia is spread in several laws that can potentially cause disparities in justice. On the other hand, the drafting model of corruption crimes in Indonesia is carried out by separating the Criminal Code from the anti-corruption law, while in Malaysia, the drafting of the anti-corruption law is mutually reinforcing with the Penal Code.
Investigation of Water Resources-Related Legal Violations Following Constitutional Court Decision Number 85/PUU-XI/2013 Martini; Absi, Warmiyana Zaira
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.20446

Abstract

This study was conducted to analyze legal violations related to water resources after the Constitutional Court's decision to annul Law No. 7 of 2004 concerning Water Resources. The decision caused confusion regarding the legal position of Civil Servant Investigators for Water Resources (PPNS SDA) in enforcing the law related to air resource management. The purpose of this study is to explore the legal status of PPNS SDA after regulatory changes and to assess the challenges faced in investigating legal violations in the air resource sector. The research method used in the analysis is qualitative, which includes literature studies from various legal sources, scientific articles, and interviews with relevant stakeholders in water resource management and protection. The results of the study indicate that despite the existence of laws and regulations, PPNS SDA are still legally recognized and have certain authorities in examining and investigating alleged violations of the law related to water resources. This study also identified several cases of investigations carried out by PPNS SDA, as well as coordination with other law enforcement officers. From the results of the study, it can be concluded that PPNS SDA still have legal standing in conducting investigations related to water resources despite regulatory changes. The investigation procedures followed by PPNS SDA are in accordance with the established methodology, but still require ongoing collaboration with other agencies, such as the police and prosecutors.
Implikasi Hukum Perubahan Kedua Undang-Undang Informasi dan Transaksi Elektronik: Menyeimbangkan Kebebasan Berpendapat dan Partisipasi Publik dalam Demokrasi Digital : Legal Implications of The Second Amendment to The Electronic Information and Transactions Law: Balancing Freedom of Expression and Public Participation in Digital Democracy Arifin, Zainal; Fernando, Zico Junius; Handayani, Emi Puasa
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.21555

Abstract

Penelitian ini membahas implikasi yuridis dari perubahan kedua Undang-Undang Informasi dan Transaksi Elektronik (UU ITE) melalui Undang-Undang Nomor 1 Tahun 2024 terhadap partisipasi masyarakat dalam ruang siber, khususnya dalam konteks pemilihan umum (PEMILU). Dalam perkembangannya, UU ITE sering dianggap multitafsir dan represif, yang berpotensi menghambat kebebasan berpendapat. Pasal-pasal seperti Pasal 27A dan Pasal 27B, meskipun dirancang untuk menggantikan pasal-pasal sebelumnya yang dianggap "pasal karet," tetap menuai kritik karena masih menciptakan efek jera (chilling effect). Situasi ini memunculkan kekhawatiran akan pengurangan kualitas partisipasi masyarakat dalam proses demokrasi digital. Namun, kajian mengenai dampak perubahan kedua UU ITE terhadap kebebasan berekspresi dalam pemilu 2024 serta perbandingan regulasi internasional yang lebih proporsional masih terbatas, sehingga diperlukan penelitian lebih lanjut. Penelitian ini menggunakan pendekatan kualitatif deskriptif untuk menganalisis implikasi perubahan UU ITE terhadap kebebasan berpendapat dan partisipasi masyarakat dalam pemilu. Temuan menunjukkan bahwa regulasi yang tidak jelas dalam UU ITE dapat memicu ketidakpastian hukum, memarjinalkan kelompok tertentu, dan menciptakan ketidaksetaraan dalam akses informasi. Reformasi UU ITE diperlukan untuk memastikan bahwa regulasi tersebut selaras dengan prinsip-prinsip demokrasi, melindungi kebebasan berpendapat, dan mendorong partisipasi masyarakat secara inklusif. Kebaruan penelitian ini terletak pada analisis spesifik terhadap pasal-pasal hasil revisi dalam UU No. 1 Tahun 2024 dan bagaimana perubahan tersebut berdampak pada kebebasan berekspresi dalam pemilu 2024, dengan pendekatan perbandingan global untuk mengusulkan regulasi ruang siber yang lebih adil dan demokratis. Studi ini merekomendasikan pendekatan berbasis prinsip demokrasi, peningkatan literasi digital, serta pelibatan berbagai pemangku kepentingan untuk menciptakan regulasi ruang siber yang adil dan responsif terhadap dinamika sosial.
Regulating the Witness and Victim Protection Agency: Managing Safe Houses for Victims in Indonesia Herawati, Ratna; Hanum, Willy Naresta; Nurjanah, Neni
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.22510

Abstract

The state is obliged to protect victims of sexual violence, especially those who are most vulnerable, and this obligation is also a fundamental right of victims. One of these rights is access to temporary housing, often called a safe house, provided by LPSK. However, the governance of safe house management in the regions is not optimal, especially in the relationship between institutions at the center and regions and the representation of institutions in the regions, so it is not optimal in guaranteeing victims' rights. The urgency of this study is to analyze the LPSK policy in managing safe houses throughout Indonesia, the various challenges of institutional relations, and the distribution of representative safe houses in the regions. This study uses doctrinal research with analytical-descriptive specifications and utilizes secondary data. The legislative approach is used to examine laws and regulations on protecting victims of violence and developing LPSK institutions. The conceptual approach analyzes the concept and theory of state institutions, authority, and victim protection. This study shows that legal protection for victims of sexual violence to fulfill the right to a safe house by LPSK does not yet have integrated cooperation with the regional office managing the safe house. Cooperation is actually carried out with other institutions. The implementation of LPSK protection for victims of sexual violence has experienced institutional problems that have affected the formation of LPSK representatives at the regional level and coordination between regional institutions, which is exacerbated by the lack of quantity and quality of human resources...
Implementation of Fair Trade in Rice Trading Through the Circular Economy Concept to Realize Environmental Welfare and Sustainability Moratama, Ferdinan
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.22627

Abstract

The World Bank pays attention to the high price of rice in Indonesia, because the increase in rice prices is not balanced by the improvement of the welfare of rice farmers. To reduce rice production costs, the use of chemical pesticides is an option because of its more affordable price and quick results. Farmers in general have a weak position in obtaining production facilities, financing farming businesses, and getting fair prices. Looking at these conditions and situations, a concept emerged known as fair trade or commonly known as the concept of fair trade. However, the concept of fair trade has not been explicitly regulated in Indonesian trade law. This legal research was carried out using a qualitative analysis method with a conceptual approach. The results of the study show that, with the implementation of fair prices and fair business practices, it can support the implementation of circular economies that have an impact on the welfare of rice farmers and increase the awareness of rice farmers to protect the environment. In addition, the existence of fair trade can shift the rice production chain which currently weakens the position of rice farmers and burdens high purchase prices on consumers. The implementation of fair trade can also maintain national food security. Therefore, arrangements are needed regarding the implementation of fair trade in rice trade in Indonesia and the commitment of government apparatus to socialize, implement, supervise, and certify fair trade in Indonesia.
Dilema Penerapan Denda Damai Oleh Jaksa Dalam Tindak Pidana Korupsi: Upaya Mewujudkan Pemulihan Ekonomi Nasional: The Dilemma of the Application of Peaceful Fines by Prosecutors in Corruption Crimes: An Effort to Realize National Economic Recovery Handrawan
LITIGASI Vol. 26 No. 1 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i1.24112

Abstract

The Prosecutor's Office Law authorizes prosecutors to use peace fines in economic crimes, but on the other hand, the Corruption Eradication Law explicitly states that the return of state losses does not eliminate the punishment for corruption perpetrators. This conflict of norms has led to debates about the legality and effectiveness of peaceful fines in corruption cases. This study aims to analyze the conflict of norms in the application of peaceful fines and explore its application in the principle of systematic lex specialis. From this study, it is found that there is a lack of clarity in the regulations regarding whether corruption can be categorized as an economic crime that can be resolved with an amicable fine.The application of amicable fines in corruption crimes can provide benefits in the recovery of state finances, but also has the potential to weaken theprinciple of legal certainty and deterrent effects for perpetrators. Therefore, it is necessary to harmonize the regulations between the Prosecutor's Office Law and the Corruption Eradication Law to avoid overlapping rules.

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