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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 11 Documents
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Search results for , issue "Vol. 26 No. 2 (2025)" : 11 Documents clear
Harmonizing the Administrative Court Legal System to Ensure Legal Certainty in the Administrative Lawsuit Time Limit: Harmonisasi Sistem Hukum Peradilan Tata Usaha Negara dalam Mewujudkan Kepastian Hukum Tenggang Waktu Gugatan Kartabrata, Fajar Ramadhan; Ernawan, Moch Erick; Dwinanda, Irfan Alfieansyah
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.26164

Abstract

Individuals or private legal entities, as legal subjects, have the right to file a legal action against a beschikking or unilateral administrative decision, even when they are not explicitly named in such decision. Within the administrative court system, the time limit for filing a lawsuit serves as a formal mechanism to uphold the principle of legal certainty. However, the existing regulations particularly between the Administrative Court Law and the Government Administration Law remain inconsistent, resulting in legal uncertainty in the settlement of administrative disputes, especially for indirectly affected third parties. Using a statutory approach, this study analyzes the harmonization of Indonesia’s administrative court legal system to ensure legal certainty in determining the time limit for filing administrative lawsuits and proposes regulatory solutions through the formulation of a more coherent and implementable judicial regulation.
Legal Consequences Of Incomplete Delivery of Information in Medical Checkups Where The Treadmill Test Was Not Conducted Due To Medical Reasons: Akibat Hukum Ketidaklengkapan Informasi Pada Medical Checkup Yang Treadmill Testnya Tidak Terlaksana Dengan Alasan Medis Hafidz Nur; Sumiyati, Yeti; Titik; Mufidi, Faiz; Wagiono, Caecielia
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.19783

Abstract

The Medical Checkup (MCU) service that includes a treadmill test facility is a routine health examination designed to identify potential cardiovascular diseases, implemented using the Bruce Protocol method as Standard Operating Procedures (SOP) and Hospital Practice Guidelines to conduct the treadmill test. The legal basis for this medical service outlined in Indonesian Ministry of Health Decree Number 772/Menkes/SK/VI/2002 and Indonesian Ministry of Health Regulation Number 512/Menkes/PER/IV/2007. The treadmill test has risks and contraindications, which means that not all patients may be able to undergo the treadmill test procedure in the MCU package. This study will explore the legal implications of incomplete information during medical checkups in cases of MCU package services which treadmill test facilities cannot be carried out due to patient's medical condition. Consumer Protection Law Number 8 of 1999 and Article 1320 of the Civil Code will serve as the foundation for analyzing therapeutic contracts. The research method which used in this study is normative juridical approach which is supported by interveiw data. The Results of this study found that when a treadmill test cannot be performed due to patients' medical condition, the patient unable to undergo the procedure, , resulting in legal consequences in form of financial loss which may causes potential disputes if not handled properly. This incident cannot be considered as as breach of contract because the hospital has fulfilled its obligations by providing information and asking for approval through informed consent, so the hospital is not required to reimburse the patient. However, it is...
Harmonizing the Principle of Judicial Pardon in Indonesia's Positive Law to Achieve Dignified Justice: Harmonisasi Asas Permaafan Hakim (Judicial Pardon) Dalam Hukum Positif Indonesia Untuk Mencapai Keadilan Yang Bermartabat Krisnamurti, Hana
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.22645

Abstract

Law No. 1 of 2023 on the Indonesian Criminal Code introduces the principle of Judicial Pardon under Article 54(2), reflecting a progressive effort to advance substantive justice in Indonesia’s criminal justice system. However, its implementation remains problematic because procedural criminal law does not provide a clear mechanism for applying judicial pardon in practice. This study examines the concept and significance of judicial pardon from the perspective of dignified justice and proposes strategies to harmonize its regulation within the Criminal Code, the Criminal Procedure Code, and the Law on Judicial Power. Using a descriptive-analytical method, this research focuses on judicial pardon as regulated in the Criminal Code and applies qualitative juridical analysis to interpret the findings systematically. The results show that judicial pardon grants judges discretion to prioritize justice over legal certainty, yet such discretion requires procedural safeguards to ensure consistency and accountability. A comparison with the Dutch legal system confirms the importance of detailed procedural rules to prevent arbitrary application. This study recommends harmonization through: (1) technical guidelines in a Draft Government Regulation outlining procedures and parameters for judicial pardon; (2) formal recognition of judicial pardon as a type of judicial decision in Law Number 20 of 2025 on Criminal Procedure Law; and (3) revision of the Law on Judicial Power to establish ethical and technical standards for judges. Such harmonization is essential to build a criminal justice system that upholds dignified justice.
Indonesia's Party Court: Jurisdictional Ambiguity, Overlapping Authority, and the Structuring of Rule of Law of Political Parties Law (No. 2/2011) Achmad Sodik Sudrajat
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.23138

Abstract

The creation of the Political Party Court was a first step towards party accountability and cohesion, as per Law No. 2 of 2011 in relation to Political Parties (Republic of Indonesia). Despite its crucial function, the position of the law in Indonesia is still unclear, and it frequently competes with official courts like the Constitutional Court. The interpretation of Article 33 (1) and (2) has shown that it can potentially create legal instability and interfere with the resolution of disputes, undermine the legitimacy of democratic elections, or subvert decisions made by the constitutional court. Additionally, the Party Court's ambiguity in its jurisdiction undermines the legal credibility of final Constitutional Court decisions, despite extensive research being undertaken on its role in election conflicts. Additionally, there is a significant research gap in assessing the specific legal and institutional procedures. In order to understand how the Constitutional Court's decisions can impact Indonesian general elections, this paper examines the legal uncertainties that arise from party disputes. By using a qualitative juridical-normative technique, the study investigates statutes, court opinions, and doctrine in relation to election law. It concludes by indicating that "party courts" operate in ambiguous jurisdictions, often with decisions reflecting factional interests or conflicting formal court conclusions, leading to judicial incoherence. The lack of proper regulatory control amplifies this ambiguity. Besides suggesting significant legislative amendments to standardize internal party procedures, the study provides a theoretical framework for investigating the interaction between quasi-judicial institutions and upper courts.
REKONSTRUKSI PARADIGMA ANALISIS EKONOMI PEMBANGUNAN HUKUM BAGI USAHA MIKRO DALAM RANGKA PENINGKATAN PEREKONOMIAN NASIONAL MENUJU INDONESIA EMAS: Rekonstruksi Paradigma Analisis Ekonomi Pembangunan Hukum Bagi Umkm Dalam Rangka Peningkatan Perekonomian Menuju Indonesia Emas Lukman, Lukmanul Hakim; Ritonga , Rifandy; Kaplele, Farida
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.23149

Abstract

Several regulations related to Micro, Small, and Medium Enterprises (MSMEs) have brought about significant changes in accelerating business growth. The greatest impact has been felt, particularly by micro-enterprises, which were previously considered a less influential sector, but have now proven to contribute significantly to strengthening the real sector. Regulatory changes have also created a new paradigm for micro-enterprises. This is evident in the change in capital requirements, from Rp 50 million to Rp 1 billion. This change reflects a shift in perspective, emphasizing that micro-enterprises are no longer merely informal sectors but can develop into reliable, leading businesses. This phenomenon has become even more evident since the Covid-19 pandemic, when the micro-enterprise sector has proven to be a key pillar of national economic recovery. This development confirms the resilience and strategic role of micro-enterprises in maintaining economic stability. Therefore, reconstructing the legal development paradigm is crucial. This paradigm serves not only as a regulatory instrument but also as a fundamental foundation that shapes the perspectives, mindsets, and actions of micro-entrepreneurs. With supportive and progressive legal support, micro-enterprises are expected to rise to the top, become leading businesses, and make a significant contribution to realizing the vision of Golden Indonesia 2045.
IMPLIKASI PUTUSAN MAHKAHAM KONSTITUSI SEBAGAI POSITIF LEGISLATOR TERHADAP PRINSIP CHECK AND BALANCE: Mahkamah Konstitusi sebagai Positive Legislator: Implikasi Putusan terhadap Prinsip Checks and Balances di Indonesia Sulastri, Dewi; Sanmas, Abu
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.21999

Abstract

The Indonesian Constitutional Court has undergone a transformation from a negative legislator to a positive legislator, particularly evident in Decision No. 90/PUU-XXI/2023, which not only annulled unconstitutional norms but also created new regulations regarding age requirements for presidential candidates. This study examines the implications of Constitutional Court decisions as a positive legislator on checks and balances, practices in the United States, Germany, and South Korea, and the reformulation of Constitutional Court authority. Employing normative legal research with statutory, conceptual, case, and comparative approaches, this study analyzes Constitutional Court decisions and practices in three countries. The findings indicate that Constitutional Court decisions acting as a positive legislator tend to shift the balance of power between the judicial, legislative, and executive branches, creating legal uncertainty and institutional conflicts. Practices in the US, Germany, and South Korea reveal that the positive legislator role requires institutional dialogue mechanisms and clear authority limitations. The implications emphasize the need for reformulating Constitutional Court authority through establishing objective criteria, strengthening checks and balances mechanisms, and developing constitutional dialogue among the Constitutional Court, Parliament, and President. This study contributes by examining comparative practices (US, Germany, South Korea) and formulating reformulation guidelines not previously developed in existing scholarship.
TINJAUAN SOCIO-LEGAL PERSEPSI MASYARAKAT TERHADAP NARAPIDANA SETELAH MENJALANI MASA HUKUMANNYA DI LEMBAGA PEMASYARAKATAN: Tinjauan Socio-Legal Persepsi Masyarakat Terhadap Narapidana Setelah Menjalani Masa Hukumannya Di Lembaga Pemasyarakatan Hamja, Hamja; Burhanudin, Burhanudin
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.22448

Abstract

  The role of correctional institutions and society as entities responsible for the implementation of legal sanctions, in reality, holds a key role in shaping the life trajectory of former prisoners after release. However, former prisoners are often confronted with stigma, discrimination, and isolation in various aspects of life, which in turn encourages repeated criminal acts (recidivism). Consequently, a view emerges that the law has not yet provided strong certainty, particularly for former prisoners, due to the continuing imposition of social sanctions by society. This socio-legal research employs a qualitative approach with a phenomenological design. The data used are primary data obtained through interviews with informants. The interview results are discussed descriptively to provide a comprehensive perspective on public perceptions of former prisoners. The findings indicate that stigma and discrimination as social sanctions do not produce a positive impact on the reintegration process, especially as they increase the tendency of former prisoners to reoffend. The completion of legal obligations by offenders is not accompanied by a positive societal role in accommodating behavioral changes among former prisoners, particularly in the presence of stigma, discrimination, and isolation. An approach is therefore needed through the implementation of rehabilitation programs involving the community to generate a holistic impact, namely behavioral improvement among former prisoners and increased public understanding of their vital role as an integrated whole in the reintegration and social improvement process.
Hukum Bernilai Pancasila Menentukan Tatanan Pemersatu Elemen Kesatuan Bangsa Azmi, Azmi
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.22983

Abstract

Indonesia is currently facing a variety of legal challenges, societal tensions, and crises amid its national diversity. If these issues are not properly and fundamentally addressed, they may evolve into multidimensional crises, leaving behind deep social residues and conflicts in an already uncertain national context. In confronting these problems, a fundamental question arises: can a legal system grounded in Pancasila values provide direction, purpose, solutions, and legal certainty to resolve national issues and strengthen the unity of the nation in pursuit of the ideals of a Rechtsstaat (rule of law state) based on Pancasila and the 1945 Constitution. Using a normative juridical research method supported by secondary data, this study adopts a conceptual–exploratory approach and an inductive qualitative analysis. The findings reveal that law infused with Pancasila values establishes an orderly legal framework with a strong guarantee of effectiveness in resolving societal problems and reinforcing national unity. It concludes that law embodying the substantive values of Pancasila is fundamental, responsive, and accommodative, forming an essential part of the state’s normative order that functions to resolve issues and unite the diverse elements of Indonesian society sustainably, in support of national progress. It is therefore recommended that the values of Pancasila’s five principles be continually integrated into the substance of national legal products to ensure the sustainable resolution of Indonesia’s societal and national challenges.
Safeguarding Constitutional Democracy: The Role Of The Indonesian Constitutional Court Through Formal Review Firdaus, Fahmi Ramadhan; Anggono, Bayu Dwi
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.23285

Abstract

A good law is not only seen from the material aspect, but also a complementary side to the formal element as well as a factor in whether the law can be said to be good, especially in standings of the process of its making. The law-making progression is democratic; this process cannot be separated from public participation as the highest sovereign holder. However, there is a problem that public aspirations have not been meaningfully accommodated in the law-making progression as a form of substantive democracy. Hence, a formal checks-and-balances review in the Constitutional Court attempts to maintain democracy. Through a normative juridical approach, this study aims to explain the symptoms of a democratic crisis in Indonesia's law-making process and how the Constitutional Court's role protects democracy through a formal review of laws. The results of the research showed that legislators have not implemented democracy optimally, as evidenced by the neglect of the public's role in several processes of law-making processes and by the being of Constitutional Court Decision No. 91/PUU-XVIII/2020, which encourages the strengthening of democracy by prioritizing evocative civic involvement in the law-making progression.
The Legal Standing of the Anak Dalam Tribe in Initiating Class Action Lawsuits Regarding Land Disputes Adithiya Diar; Lestari, Amanda Dea
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.29708

Abstract

This article examines the persistent influence of legal formalism within Indonesia’s civil justice system and its implications for the protection of Indigenous Peoples’ customary land rights, particularly through class action litigation and the doctrine of legal standing. Land disputes involving Indigenous communities reflect structural injustice, as legal recognition remains heavily dependent on administrative validation rather than historical, social, and cultural realities. Consequently, Indigenous Peoples often face significant barriers in accessing justice, despite constitutional acknowledgment of their existence and rights. Using normative legal research, this study analyzes statutory frameworks, judicial decisions, and doctrinal approaches governing class actions and legal standing in Indonesia. The findings demonstrate that existing procedural mechanisms frequently marginalize Indigenous communities by imposing rigid standing requirements and evidentiary standards that are incompatible with their collective and customary social structures. Rather than functioning as instruments of empowerment, class actions often reproduce exclusion through excessive proceduralism. The study argues that Indigenous marginalization stems not from the absence of substantive rights, but from the dominance of formalistic reasoning that prioritizes administrative legality over substantive justice. To address this imbalance, the article proposes a normative reconstruction of civil procedural law, including the establishment of a lex specialis on class actions and Indigenous legal standing, the contextual reinterpretation of standing doctrines, the integration of ecological and social justice principles, and the adoption of participatory and culturally responsive judicial approaches. These reforms are essential to ensure equitable access to justice within Indonesia’s plural legal system.

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