JURNAL LITIGASI (e-Journal)
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.
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199 Documents
<![CDATA[PENGUJIAN PERATURAN KEBIJAKAN DALAM SISTEM PERADILAN DI INDONESIA ]]>
<![CDATA[Arifin, Firdaus]]>
<![CDATA[ LITIGASI Vol. 22 No. 1 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v22i1.3751
<![CDATA[The policy regulation is one of the government instruments or tools and means used by the government, including state administration officials in criminal justice in carrying out government tasks and other judicial actions. The existence of this policy regulation is a consequence of the welfare law state which imposes a very broad task, namely for the attainment of the people's welfare in accordance with the objectives of the welfare state itself. However, in the development of policy regulations that were originally intended and needed in carrying out governmental duties, in fact their implementation cannot be separated from the problems of conflicts with other legal norms and other legal problems. This paper wants to answer an important question, namely; "What is the basis for government action to issue policy regulations and why policy regulations, theoretically and in practice, cannot be categorized as statutory regulations?". The conclusion that can be drawn from this paper is related to the large "space for movement" held by the government and the positions in the judicial field to make policy regulations. For this reason, it is necessary to recommend Supreme Court to issue a Supreme Court Regulation which regulates technical proceedings related to the review of policy regulations. Delegating the authority to review policy regulations to become the authority of the State Administrative High Court (PT TUN) is a strategic step that can be developed by the Supreme Court of the Republic of Indonesia. Keywords: Testing, Policy Regulations, Regulations, Contradictions of Norms, Government Administration.]]>
<![CDATA[PERBANDINGAN HUKUM PENGAMBILALIHAN PERUSAHAAN MENURUT HUKUM PASAR MODAL INDONESIA DAN AMERIKA SERIKAT ]]>
<![CDATA[Wicaksono, Raden Mas Try Ananto Djoko]]>
<![CDATA[ LITIGASI Vol. 22 No. 1 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v22i1.2878
<![CDATA[This article discusses capital market law in gathering expertise in Indonesia and the United States (US) as well as legal protection for stakeholders related to the process of gaining expertise. In this study a method use a comparative approach that is descriptive in nature. The results of the research conducted show that there are some similarities in the implementation of tenders between Indonesia and the US, but there are some differences, such as the procedures for protecting the stakeholders related to the process of making expertise. Keywords: Capital Market Law, Company Expertise Taking, Public Company, United States Law, Business Law.]]>
<![CDATA[PERSPEKTIF KEADILAN BERMARTABAT DALAM PARADOKS ETIKA DAN HUKUM ]]>
<![CDATA[Disantara, Fradhana Putra]]>
<![CDATA[ LITIGASI Vol. 22 No. 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v22i2.4211
<![CDATA[The law and ethics have a relationship between the two. However, there are often conflicts between law and ethics. This phenomenon is as happened in the case of cancellation by the State Administrative Court (PTUN) of the Presidential Decree as a follow-up to the ethical decision that is final and binding from the Election Organizing Honorary Council (DKPP). This study uses a statutory and conceptual approach by using primary and secondary legal materials. The two legal materials are inventoried to obtain a prescriptive legal analysis and provide a holistic conceptual study of the legal issues discussed. This legal research aims to analyze the position of ethics in legal instruments in Indonesia concerning infrastructure and ethical decisions and to investigate the enigma between law and ethics in one case in the perspective of a dignified justice theory. The study results show that the DKPP decision's position is equivalent to a legal court decision. On the other hand, the role of ethics in legal instruments in Indonesia is equal; and is based on the 1945 Constitution of the Republic of Indonesia. Based on the perspective of the theory of dignified justice, the cancellation of the Presidential Decree as a follow-up to the ethical judgment of the DKPP has ‘abused’ the three legal functions. Thus, it is necessary to distinguish between Presidential Decrees, which are products of administrative law and the Presidential Decree, which is a follow-up to the decision of the DKPP ethical court. Keywords: Law and Ethics, Dignified Justice, DKPP, Ethics Court.]]>
<![CDATA[POTENSI ANCAMAN PIDANA MELAKUKAN KERUMUNAN DI TENGAH PANDEMI COVID 19 DI INDONESIA ]]>
<![CDATA[Pane, Musa Darwin]]>
<![CDATA[ LITIGASI Vol. 22 No. 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v22i2.4119
<![CDATA[This study aims to determine the regulation of criminal threats for crowding in the midst of the COVID-19 pandemic according to positive law in Indonesia and to find out the criminal threats (prison or fines) against those who crowd in the midst of the COVID-19 pandemic according to the penal system. The approach method used in this research is normative juridical and the research specification uses descriptive analytical method. The results of the study show that in positive law there are administrative criminal sanctions that are threatened for perpetrators who gather in the in the time of COVID-19 pandemic, namely Article 14 paragraph (1) of Law No. 4, 1984 concerning Outbreaks of Infectious Diseases, Article 93 of Law Number 6, 2018 concerning Quarantine, Article 212, Article 214, Article 216, and Article 218 of the Criminal Code. Meanwhile, the criminal threat for those attracting crowds amidst the COVID-19 pandemic can be subject to criminal penalties if the perpetrators resist as stipulated in the legislation, but this criminal sanction is a last resort or ultimum remedium. Thus, the author is of the view that it is necessary to have a functioning agency or institution that is concerned with prevention and supervision through massive approach and layered supervision. Keywords: Criminal, Crowd, COVID-19.]]>
<![CDATA[PENDIDIKAN SOCIAL JUSTICE DI MASA PANDEMI COVID-19 : PERTIMBANGAN DAN KEKHAWATIRAN ]]>
<![CDATA[Septianita, Hesti]]>;
<![CDATA[Tedjabuwana, Rosa]]>;
<![CDATA[Utama, Alif Putra]]>
<![CDATA[ LITIGASI Vol. 22 No. 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v22i2.3841
<![CDATA[The outbreak of the Covid-19 virus has caused disruptions across the globe. The table has turned drastically and unexpected. All aspects of life are impacted by this corona virus. The world, ready or not are forced to adapt with the situation. Legal schools have to conduct online learning. The concern should be paid to how social justice education can be done online when trying to sensitize the students towards social justice. The approach used in this research was juridical normative examining norms related to social justice learning. Conceptual approach was used to show views and analysis of problem solving on social justice learning through online method at undergraduate level to produce lawyers with legal professional skills. Therefore, traditional law school curricula provide chances for students to develop their skills. The impact is that online learning that can produce future litigators with the same or even better quality with the conservative method is still in doubt. The research concluded that some elements are missing from the online learning when teaching social justice to students such as professional skills and social emphathy. Keywords: Outbreak of Covid-19 Virus, Online Learning, Social Justice.]]>
<![CDATA[IMPLEMENTASI MODEL PIDANA KERJA SOSIAL BERBASIS NILAI-NILAI HUKUM ADAT SUNDA ]]>
<![CDATA[Yustia, Rd. Dewi Asri]]>;
<![CDATA[Batubara, Gialdah Tapiansari]]>;
<![CDATA[Ludiana, Tia]]>
<![CDATA[ LITIGASI Vol. 22 No. 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v22i2.4526
<![CDATA[Criminal sanctions against perpetrators of corruption crimes require extraordinary breakthrough according to the penal objectives, which is not only to provide a deterrent effect for the perpetrators, but also to provide benefits to the community by optimizing the competencies held by the perpetrators, since perpetrators of corruption are competent either in the aspects of social, economics and politics. The current criminal sanctions do not lead to the utilization of the potential possessed by the perpetrators of criminal acts. The focus still leads to deter the perpetrators only by providing severe criminal sanctions, namely by accumulating criminal sanctions in prison and fines, as well as other additional sanctions that focus on perpetrators, not on to interests of the state and society. The result of the research is to conceive the concept of social work sanctions that utilize the competence/expertise of the perpetrators to be able to provide great benefits to the community directly which implementation is based on the values contained in Sundanese customary law, so that the objectives of the punishment are not only to correct the conduct of the perpetrators, but also to restore state financial losses, and to provide great benefits for the community. Keywords: Sanction of Community Service, values, Sundanese Customary Law, Purpose of Punishment.]]>
<![CDATA[POLARISASI BERITA BOHONG COVID-19 : VIKTIMISASI KOLEKTIF ]]>
<![CDATA[Candra, Marli]]>;
<![CDATA[Alifiana, Nada Fitriyah]]>
<![CDATA[ LITIGASI Vol. 22 No. 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v22i2.4057
<![CDATA[COVID-19 has changed the structural behavior of the world community, including the increasing spread of hoax. The massive spread of hoaxes and the abundance of available information has confused the community in indicating which information is correct or hoax. This paper uses a qualitative method with an analytical-descriptive approach. The author emphasizes the aspect of in-depth understanding of a problem by reviewing and analyzing scientific works and various scientific literature. The central factors of this research are facts related to the COVID-19 fake news and the identification of the impact of the spread of the false news. The study found that the huge number of hoaxes related to COVID-19 caused collective victimization, namely the community. Unclear information results in civil resilience. This resilience raised the community resistance regarding government policies in minimizing the impact of COVID-19 on public health in general. Keyword: COVID-19 Polarizattion; Hoax: Collective Victimization.]]>
<![CDATA[MENINJAU ULANG SANKSI KEBIRI KIMIA DARI PERSPEKTIF PEMBAHARUAN HUKUM PIDANA BERDASARKAN PANCASILA ]]>
<![CDATA[Pambudhi, Hario Danang]]>;
<![CDATA[Chaerunnisaa, Hanifah Alya]]>
<![CDATA[ LITIGASI Vol. 22 No. 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v22i2.3766
<![CDATA[Starting from the state's concern about the increasing numbers of sexual violence against children, the government has issued a chemical castration policy for perpetrators of sexual violence against children as an additional punishment or treatment. In general, children are a group vulnerable to sexual violence. This is because children are deemed unable to defend themselves and inadequate sex education in Indonesia. Through this research, the researchers tried to see whether the implementation of the castration policy can be the right form of punishment. By using the normative juridical method through an approach to legal principles with qualitative data analysis presented in a descriptive-analytical manner, the researchers found that the chemical castration policy against perpetrators of sexual violence against children actually injures the concept of criminal law reform which is currently on the country's big agenda to create criminal law in accordance with the values of Pancasila, namely peace. The chemical castration policy is also a form of state neglect of the rights of victims and the rights of perpetrators which should be accommodated properly, without having to use chemical castration as a solution. Keyword: Chemical castration, Balance, Victims, Criminal law reform, Perpetrators.]]>
<![CDATA[PERBANDINGAN PENGATURAN TINDAK PIDANA PENODAAN AGAMA MENURUT KUHP INDONESIA DAN ISRAEL PENAL LAW 5737-1977 ]]>
<![CDATA[Pasaribu, Sanba Sheda Octora]]>;
<![CDATA[Fauzi, Muhamad Afri]]>
<![CDATA[ LITIGASI Vol. 23 No. 1 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v23i1.4710
<![CDATA[Penulisan hukum ini bertujuan untuk mengetahui perbandingan pengaturan Tindak Pidana Penodaan Agama berdasarkan KUHP Indonesia dan Israel Penal Law 5737-1977. Perbandingan tersebut meliputi perbedaan, persamaan, dan kelebihan serta kekurangan dari masing-masing peraturan perundang-undangan. Penulisan hukum ini termasuk pada golongan penulisan hukum normatif dengan sifat preskriptif dan terapan melalui pendekatan perbandingan. Sumber bahan hukum yang digunakan dalam penelitian ini adalah bahan hukum primer dan sekunder. Teknik pengumpulan data dilakukan melalui studi kepustakaan serta analisis data yang digunakan yakni dengan metode silogisme melalui pendekatan secara deduktif. Berdasarkan perbandingan pengaturan tindak pidana penodaan agama berdasarkan KUHP Indonesia dan Israel Penal Law 5737-1977 terdapat beberapa persamaan dan perbedaan. Melalui adanya persamaan dan perbedaan tersebut dapat diketahui aspek kelebihan dan kekurangan dari masing-masing pengaturan baik dari sisi KUHP Indonesia maupun dari Israel Penal Law 5737-1977. Sehingga dari perbandingan tersebut dapat ditemukan beberapa kelebihan dari Peraturan Israel Penal Law 5737-1977 tentang Tindak Pidana Penodaan Agama di Israel yang dapat menjadi masukan untuk pembaharuan peraturan KUHP Indonesia tentang tindak pidana penodaan agama di Indonesia, sehingga aspek regulasi terkait Tindak Pidana Penodaan Agama di Indonesia menjadi lebih baik. Kata kunci: Penodaan Agama, KUHP Indonesia, Israel Penal Law 5737-1977.]]>
<![CDATA[KEWENANGAN BADAN PEMERIKSA KEUANGAN DALAM MELAKUKAN PEMERIKSAAN DANA DESA YANG BERSUMBER DARI APBN ]]>
<![CDATA[Mutawalli, Muhammad]]>
<![CDATA[ LITIGASI Vol. 23 No. 1 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v23i1.5030
<![CDATA[This research was conducted in order to understand and be able to describe the form of authority of the Audit Board of Indonesia under Law No. 15, 2006 concerning the Audit Board of Indonesia regarding the audit of village funds sourced from the state budget in village administration reviewed from the state administration system in Indonesia. The discussion in this writing is about what is the standing of the Audit Board of Indonesia in auditing the village fund in the village administration and the authority of the board in auditing the fund at the village administration. This research used normative approach through scientific study and aimed to ensure the concrete and conformity of the board authority normatively. The research was conducted through library research by studying and analyzing written legal materials and supported with the statements of informant and correspondent involved. The findings concluded that the Audit Board of Indonesia as the state organ of Indonesia with vital task to audit the state budget that can be considered as the Supreme Audit Institute either in the level of central government or the regional level. The authority of the board in the level of village administration to audit the village fund that comes from the state budget is a political movement of the government and is considered as the state will in realizing the good governance as the state program. However, in the implementation, the Audit Board of Indonesia has established its representatives in each province of Indonesia in which, unfortunately, the regional representative seemed meaningless since the board representatives have to answer to the Head and Deputy Head of the board regarding the examination and audit of the village fund of the state budget. The author suggests to promulgate additional concrete and clear provisions on the duty of the representatives of the board in every province. Keyword: BPK (the Audit Board of Indonesia) Village Fund, Village Administration.]]>
