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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 19 Documents
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Search results for , issue "Vol. 26 No. 1 (2025)" : 19 Documents clear
Online Prostitution in Banten: Critical Studies on Criminology and Criminal Law: Prostitusi Online di Banten: Kajian Kritis Kriminologi dan Hukum Pidana Fathurokhman, Ferry; Fauzi, Ahmad
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.v26i1.19136

Abstract

This research is based on the hypothesis that online prostitution exists and is easily found in the Banten region. Two main issues are discussed in this study: first, what factors lead someone to become an online commercial sex worker in Banten? Second, how can criminal law address online commercial sex workers? This study combines empirical and normative research. Primary data collection was conducted through various dating applications. Primary data was obtained directly from online commercial sex workers spread across Banten through interviews conducted at restaurants, cafes, rented houses, and hotel lobbies. The research findings reveal that economic factors, divorce, religious understanding, and weak law enforcement contribute to the widespread occurrence of online sex worker transactions in Banten. Criminal law does not classify sex workers as offenders due to the role bias between perpetrator and victim. However, under Law Number 1 of 2023 concerning the Criminal Code and several other laws, sex workers can be subject to criminal legal norms, although some of these cases fall under the category of complaint-based offenses. The research concludes that online sex workers in Banten are very easy to find. The government has a role and responsibility in addressing the rise of online prostitution in Banten. All respondents who chose the path of online prostitution through dating applications are individuals who adapt through innovation—desiring success, money, and other benefits but using unlawful means. A specific legal norm is needed to regulate online sex workers without requiring interpretation.
Geographical Indications-Based Environmental Protection: Legal Challenges and Sustainable Development Goals Implementation in Indonesia: Perlindungan Lingkungan Berbasis Indikasi Geografis: Tantangan Hukum dan Implementasi Sustainable Development Goals di Indonesia Agustianto; Disemadi, Hari Sutra; Rusdiana, Shelvi; Tan, Winsherly
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.v26i1.19149

Abstract

Geographical Indications play a crucial role as an intellectual property regime that protects unique products originating from specific regions, shaped by both human and natural factors. The presence of natural factors makes Geographical Indications a potential tool for strengthening local economies while simultaneously protecting the environment. This study aims to analyze the potential utilization of the Geographical Indications regime in Indonesia to support sustainable development, particularly in relation to environmental protection. Employing a normative legal research method supported by a statutory approach, this study examines the connection between Geographical Indications and environmental protection. The analysis reveals that despite the conceptual link between Geographical Indications and environmental sustainability, there is no normative legal support within the existing regulatory framework governing Geographical Indications. A normative construction model is proposed to facilitate the integration of environmental protection into the Geographical Indications regime, emphasizing aspects of planning, utilization, supervision, maintenance, control, and law enforcement.
Legal Tradition and Digital Innovation: Assessing the Position of e-Notary Products in Civil Disputes: Tradisi Hukum dan Inovasi Digital: Menakar Posisi Produk E- Notary pada Sengketa Perdata Suryahartati, Dwi; Windarto; Lestari
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.v26i1.19193

Abstract

Changes in the development of digital technology have an impact on every aspect of life, including law. In Indonesia, the demand for electronic notaries has emerged as a form of innovation that promises efficiency. However, various concerns and challenges have emerged. This article discusses the issues faced by law and society as users of notary services. This article also discusses the philosophical and ethical aspects of law regarding the paradigm shift. Legal issues will be answered through an analysis of existing regulations and the legal theories that underlie them, as well as considering community responses. This article concludes that there has been a shift in the notary world that affects the way notaries work and the way society interacts with the law. Regulatory adjustments are needed that are able to adapt to accommodate electronic signatures, digital authenticity, and digital data management to realize effective electronic notaries and consider legal values ​​and ethics. Professional ethics in realizing integrity, transparency, and responsibility must be maintained and translated into a digital context. To achieve legal comparability in electronic notaries, it is important to consider the balance between service accessibility and strict levels of supervision and control.
The Role of Local Wisdom in Realizing The Principle of Environmental Sustainability Principles in Indonesia: Peran Kearifan Lokal Dalam Mewujudkan Prinsip Keberlanjutan Lingkungan Hidup di Indonesia Nurhasan; Bunyamin
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.v26i1.19691

Abstract

The Local Wisdom of coastal communities has high effectiveness in maintaining the sustainability of marine and coastal ecosystems. However, challenges such as lack of legal recognition, changes in people’s lifestyles, and economic pressures are factors that hinder the sustainability of traditional fishing practices. Therefore, a strategy is needed that harmonizes government regulations with local wisdom practices in order to create a more sustainable and inclusive marine environmental management model. Local wisdom possessed by coastal communities in the archipelago is an important instrument for realizing the principles of environmental sustainability. The role of local wisdom in realizing the principle of environmental sustainability is important, especially for strengthening aspects of legal culture within the framework of an integrated legal system. Local wisdom of coastal communities describes a system that integrates knowledge, norm, culture and institutions as well as practices for managing marine fisheries resources, in line with the principles of harmony, balance and sustaibility. Cultural approaches through the application of local wisdom forms of coastal communities in the archipelago are important in order to support the effectiveness of supervision and law enforcement efforts in marine areas through a preventive approach, and have the potential to be added as one of the elements of the principles of environmental sustainability. This study uses a normative legal approach and a qualitative legal data analysis method using relevan legal interpretation methods. The formulation of a conceptual model regarding the role of local wisdom in realizing the principles of environmental sustainability is the aim of this research.
Religious Community Organization as Corporation: Legal Politics at the Edge of the Mine: Ormas Keagamaan Jadi Korporasi: Politik Hukum di Ujung Tambang Nugroho, Wahyu; Syahruddin, Erwin; Anam, Saiful; Yulia, Aris
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.v26i1.20375

Abstract

The government issued a Government Regulation on the Implementation of Mineral and Coal Mining Business Activities, which regulates the offering of Special Mining Business Permit Areas on a priority basis to business entities owned by religious community organizations. The method used is normative juridical supported by empirical data, a case approach based on developing news media. Data collection techniques through secondary data, with qualitative juridical analysis. The results of this study are first, the legal policy of granting mining business permits to religious community organizations based on the Government Regulation on the Implementation of Mining Business Activities has contradicted the Mineral and Coal Mining Law. The priority offer in the law is addressed to BUMN and BUMD, while in the government regulation it is addressed to religious community organizations, which is a constitutional problem; second, the existence of guarantees in environmental management for religious community organizations as holders of mining business permits requires compliance with these business entities with environmental management instruments. In addition, it will test the consistency of religious organizations' understanding of the concept of environmental preservation in practice or business actors carrying out mining activities.
Analysis of Legal Confiscation of Corruption Assets from the Perspective of Justice and State Financial Recovery: Analisis Hukum Penyitaan Aset Korupsi dalam Perspektif Keadilan dan Pemulihan Keuangan Negara Wedha, Yogi Yasa; Wijaya, Made Hendra; Apriliani, Kadek
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.v26i1.21484

Abstract

Asset confiscation as an effort to recover state financial losses due to corruption crimes in Indonesia still faces substantial challenges. The legal framework stipulated in the Criminal Procedure Code limits confiscation only for evidentiary purposes in the judicial process, these restrictions impact the non-optimal recovery of state financial losses. This research aims to analyze the regulatory and technical substance obstacles in the implementation of asset confiscation and develop a progressive legal strategy based on the theory of justice. This research is normative juridical research that integrates John Rawls' theory of justice, Richard A. Posner's Economic Analysis of Law Theory, and Lawrence Friedman's legal system theory and the theory of legal expediency as an analytical knife as a consideration to provide recommendations for reform of special confiscation arrangements for corruption crimes. The results show that the gap between the Criminal Procedure Code and the Corruption Eradication Law worsens the effectiveness of asset confiscation, especially at the investigation stage. The expansion of objects that can be seized and the Non-conviction based (NCB) asset forfeiture approach are identified as potential solutions that are more efficient and fair in overcoming this obstacle. The proposed strategy includes expanding the scope of confiscation and harmonizing regulations between KUHAP and the Law on the Eradication of Corruption. This research confirms the importance of legal reform to improve the efficiency of recovering state losses due to corruption while strengthening a fair and beneficial legal system. The strategy of expanding asset confiscation arrangements has urgency in efforts to recover....
The Constitutionality of Indonesian Labor Prioritization Following Constitutional Court Decision No. 168/PUU-XXI/2023: Legal and Employment Policy Implications: Konstitusionalitas Pengutamaan Tenaga Kerja Indonesia Pasca Putusan MK No. 168/PUU-XXI/2023: Implikasi Hukum dan Kebijakan Ketenagakerjaan Suryana, Cece
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.v26i1.22903

Abstract

The policy of prioritizing Indonesian labor is a constitutional mandate aimed at protecting domestic workers amid global competition. Constitutional Court Decision No. 168/PUU-XXI/2023 reaffirms this principle; however, its implementation continues to face challenges in terms of legal certainty, regulatory harmonization, and balancing the protection of national labor with the interests of foreign investment. This study aims to analyze the constitutionality of the labor prioritization policy and its legal implications for national labor regulations. The research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that, despite the strong legal foundation of this policy, uncertainty in implementing regulations and the weakness of supervisory mechanisms have resulted in ineffective implementation. Moreover, conflicting interests among workers, employers, and the government constitute a significant barrier. The implications of this study underscore the need for regulatory harmonization, the enhancement of national labor skills, and the strengthening of oversight mechanisms to ensure that the labor prioritization policy in Indonesia can be effectively implemented without hindering investment and economic growth.
Legal Construction of International Business Contracts as an Instrument for Strengthening Banana Cracker Exports and Ogan Banana Supply Chain Management in Lumajang Regency Ratnaningsih; Sudjatmiko; Hastuti, Sri; Maulidandi, Muhammad Akmal Naufaldi
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.v26i1.18674

Abstract

Today's entrepreneurs prioritize international trade as an important goal in business development, which leads to the formation of international business contracts, but not all entrepreneurs understand the various regulations related to international business contracts, dispute resolution in the event of a dispute, and legal certainty in the event of force majeure. In addition, this study also wants to analyze the provisions for the use of Indonesian in agreements based on Law of the Republic of Indonesia Number 24 of 2009 concerning the Flag, Language, and National Emblem, as well as the National Anthem, with an analytical knife using the principle of freedom of contact. This research related to international business contracts was inspired by the desires of home industry entrepreneurs in Nogosari Village, Rowokangkung District, Lumajang Regency, who produce "banana crackers" and want to spread their wings into the world of international trade. In addition to understanding the various rules of international business contracts, banana crackers entrepreneurs also face the problem of difficulty in obtaining organic banana raw materials. Fruits have a high water content so they are easily damaged and have a short shelf life. Bananas are a type of fruit that is easily damaged, so there must be a solution, namely producing banana products, one of which is banana crackers and analyzing the management of the Supply Chain....
Legal Reformulation of Banking Consumer Protection: Building A Justice-Oriented Regulatory System Adhan S, Sepriyadi; Yuniati, Ati; Nurfani, Anggun
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.v26i1.19270

Abstract

The contractual relationship between banks and customers in credit agreements often places customers in a weak position, as agreements are typically drafted unilaterally by banks and emphasize obligations over rights, creating potential harm. This article aims to reformulate banking customer protection regulations to improve legal certainty and effectiveness. Using a normative legal method with an empirical approach, the research examines the suitability, gaps, and inconsistencies in existing regulations in achieving fair protection. The findings show that consumer protection aligns with Article 28D(1) of the 1945 Constitution, which guarantees the right to legal protection and security. However, current banking regulations lack specific provisions and enforcement mechanisms, resulting in weak protection. Disputes are often resolved through administrative or criminal sanctions that do not ensure fair outcomes. Reform is needed to integrate social protection principles and bridge the gap between legal norms and social realities, ensuring that future regulations promote not only financial efficiency but also fairness and equality in customer relations.

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