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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 199 Documents
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IMPLIKASI PENGATURAN PELANGGARAN HAM BERAT DALAM KUHP 2023 TERHADAP KEBERLAKUAN ASAS-ASAS KHUSUSNYA: PENGUATAN ATAU PELEMAHAN? Rizqiqa, Larasati Dwi; Wulandari, Widati; Putri, Nella Sumika
LITIGASI Vol. 25 No. 1 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i1.12416

Abstract

This paper discusses the impact of the regulation of gross violation of human rights in the Penal Code 2023 on the validity of the principles stipulated in Act Number 26, 2000 as the special law. The method used is normative research with data collection through literature study. The findings show that regarding the Article 187 and Article 620 of the Penal Code 2023, it can be said that these articles have actually provided a ‘guarantee’ to ensure that the existence of the Penal Code 2023 will not reduce or have any impact on the special principles in Act Number 26,2000. This is then strengthened by the provisions of Article 622 paragraph 1 letter m which only revokes several articles from the Act, namely Articles 8, 9, 36-40 on criminal offenses and sanctions for gross violation of human right. By using the theory of codification & the amendment of Article 3 of the Penal Code 2023, it was revealed that the regulation on gross violation of human right in the Penal Code 2023 is potentially to create new problems, from the issue of conflict of principles to of multiple interpretations. Different interpretations of Article 187, Article 620, and Article 3 of the Penal Code 2023 can actually lead to the inapplicability of special principles stipulated in Act Number 26, 2000, therefore, the provisions of gross violation of human right, in the future, are very likely to be subject to the general principles contained in Book I of the Penal Code 2023.
PENGATURAN TENTANG FEMISIDA DALAM HUKUM PIDANA INDONESIA (KAJIAN PERBANDINGAN UU HAM DAN UU TPKS) Salamor, Yonna Beatrix; Purwanti, Ani; Rochaeti, Nur
LITIGASI Vol. 25 No. 1 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i1.12520

Abstract

Femicide is the taking of the life of a woman or girl because she is a woman or because of gender-based violence. The type of femicide that is often found in the field is intimate femicide, which is committed by people who have a relationship with the victim. Indonesia has various laws and regulations that regulate the protection of women and girls, including the Human Rights Law, the Child Protection Law, the Domestic Violence Law, and the TPKS Law, but the specific regulation of femicide has not been explicitly described in these various laws and regulations. This research uses a normative juridical method, which is legal research that places the law as a building system of norms that are studied through principles, norms, rules of laws and regulations, agreements, and doctrine. Based on the results of the discussion, it is found that there are 7 types of femicide that occur in the society, including the Indonesian society. the regulation of femicide has not been explicitly regulated in the Human Rights Law or in the TPKS Law. The Human Rights Law regulates the protection of human rights including women's rights in Article 45. Meanwhile, the TPKS Law further regulates the types of femicide that occur in Indonesia such as gender-based sexual violence, pornography, dating and domestic violence. Keyword: Femicide, Human Rights, Sexual Violence Crime.
KEPASTIAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL YOUTUBER DALAM TRANSAKSI PEMBIAYAAN BANK MENGGUNAKAN KONTEN YOUTUBE Sabijanto, Virly Vidiasti
LITIGASI Vol. 25 No. 1 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i1.12630

Abstract

This article examines the role of YouTube Content as an intellectual property asset (IP) in copyright transactions in banking financing, where the content is used as collateral. The main focus is on how copyrighted content, such as that found on YouTube, can enhance value and provide legal certainty on the assets in financing. Using normative juridical analysis and qualitative analysis methods, this research discusses regulations, expert views, and legal aspects related to Intellectual Property Rights (IPRs), with a specific focus on YouTube content. The research findings indicate that YouTube content has great potential as collateral in financing but is hindered by legal challenges such as determining the value of IPRs, copyright protection, and changing market dynamics. Government Regulation Number 24 of 2022 supports the creative economy through an IPR-based financing scheme, requiring legal awareness and collaboration among all stakeholders. The conclusion emphasizes the importance of proactive action by banks to protect copyrights when using YouTube content as collateral, as well as the importance of legal certainty to support creative economic actors. The implementation of these regulations is considered strategic to support the growth of the creative economy, with the protection and utilization of IPRs as key assets. Keywords:      Intellectual Property Rights, Bank Financing Transactions, YouTube Content as Collateral, Creative Economy Actors, Legal Certainty.
PERBANDINGAN TINDAK PIDANA PERKOSAAN ANTARA KUHP BARU INDONESIA DENGAN SEXUAL OFFENCES ACT 2003 INGGRIS Tsuroyya, Chusnus; Nurtjahyo, Lidwina Inge
LITIGASI Vol. 25 No. 1 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i1.12758

Abstract

Indonesian criminal law has undergone reforms since the promulgation of the Indonesia’s New Penal Code in 2023. This legal reform also refers to the provisions for the crime of rape which are regulated in Article 473 paragraph (1) of the Indonesia’s New Penal Code. This reform indicates that the paradigm regarding the rape crime in Indonesia has changed. With those changes, this research attempts to make a legal comparison between the New Penal Code and the England Sexual Offences Act 2003 – which is also a form of the legal reform. The research method used is normative juridical using analysis on legislation and comparative analysis. Based on a comparison on the regulation of the rape crime between the Indonesia’s New Penal Code and the England Sexual Offences Act 2003, there are several similarities and differences. Therefore, it could be seen the advantages and disadvantages of each regulation, both from the Indonesia’s New Criminal Code and the England’s Sexual Offences Act 2003. From this comparison, several advantages could be found in the Sexual Offences Act 2003 regarding the rape crime in England which could be an input on the regulation of the rape crime in the Indonesia’s New Criminal Code, so that better law would be created. Keywords: Rape, The New Indonesian Criminal Code, Sexual Offences Act 2003.
ANALISIS YURIDIS PENGUASAAN TANAH TERLANTAR EX HAK GUNA USAHA OLEH MASYARAKAT DESA KASOMALANG Nadya, Alifa; Hernawan, Deddy
LITIGASI Vol. 25 No. 1 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i1.12862

Abstract

The rapid development of the times and community development has caused an increase in population, but this increase in population was not in line with the availability of land. Land has a very high economic value so that it is everyone's obligation to maintain and retain its existence as an object of economic value. One type of land right is Cultivation Rights, which is the right to manage a piece of land given by the state to a business entity or individual in order to increase productivity and community welfare. This research is normative juridical research with the nature of descriptive research analysis, the data obtained is then analyzed with qualitative juridical methods. The abolition of Cultivation Rights resulted in the status of land becoming state land, so that the state reorganized its use, usage, and ownership through the Minister. If the Cultivation Rights period has expired and more than 2 (two) years the party granted by Cultivation Rights does not carry out the rights renewal process and does not cultivate and utilize the land granted, it cannot have priority rights. On the contrary, people who use land that is not cultivated or used by former rights holders, are entitled to priority rights as proposed by Ter Haar. However, the community still needs to apply for rights through the local Land Office. Keywords      : Cultivation Rights, Abandoned Land, Land reform.
KAJIAN PERLUASAN KUALIFIKASI MAKNA BARANG DALAM YURISPRUDENSI HUKUM PIDANA BELANDA DAN INDONESIA DI ERA SIBER Hardinanto, Aris; Barda Nawawi Arief; Setiyono, Joko
LITIGASI Vol. 25 No. 1 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i1.13149

Abstract

The development of information technology, especially the internet, has affected criminal law. One of the resulting impacts is the qualification of goods in the cyber era. The development of criminal law in the Netherlands, particularly the Criminal Code, related to information technology is progressive regarding the qualification of goods, including cases related to the interpretation of goods in cyberspace by the Supreme Court of the Netherlands. This article argues that Dutch criminal law has repeatedly extended the qualification of the meaning of goods related to cybercrime through the jurisprudence of the Supreme Court of the Netherlands. The expansion of the qualification of goods in Dutch criminal law contextually includes account balances, online gaming features, and credit. Indonesian jurisprudence has once expanded the scope of goods in deciding account balance cases. The extension of the qualification of goods, including computer data in the National Criminal Code, based on problematic decisions of the Arnhem High Court in the Netherlands, is contradictory to the spirit of national criminal law reform. Keywords: Qualification, Goods, Criminal Law.
PERANAN HALUAN NEGARA DALAM MENCAPAI TUJUAN PEMBANGUNAN BERKELANJUTAN DI INDONESIA Yuhana, Abdy
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.12636

Abstract

The significance of revitalizing the Basic Guidelines of the State Policy (GBHN) through the Contemporary Policy Guidelines (PPHN) serves as a foundation for sustainable development in Indonesia. This revitalization aims to fill the legal void left by the Basic Guidelines of the State Policy (GBHN) and provide clear guidance for sustainable national development. This research employs a normative legal method and qualitative analysis, focusing on the study of legal documents and relevant academic literature. Data collection is conducted through documentation studies that encompass laws, related regulations, and literature addressing the research theme. The Contemporary Policy Guidelines (PPHN) is posited to function as a structured and inclusive framework. Mechanisms such as public consultations, integration of local policies, reinforcement of the legal framework, and effective monitoring and evaluation systems are proposed to ensure that the Contemporary Policy Guidelines (PPHN) serves not merely as a normative document but also as an operational guideline that is responsive to societal needs. Visionary leadership is identified as a key factor in accelerating sustainable development, with an emphasis on inclusive vision and innovation. The revitalization of the Contemporary Policy Guidelines (PPHN) is expected not only to provide a clear direction for national development but also to enhance legal stability and societal welfare. The integration of holistic and sustainable development is deemed essential, involving community participation and coherence between central and regional policies to create lasting positive impacts for society and the environment.
CAN PENAL MEDIATION SOLVE DOMESTIC VIOLENCE? INSIGHTS FROM ISLAMIC LAW Kania, Dede; Rahmannillah , Vienka; Anggarainiko, Litya Surisdani
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.13320

Abstract

Domestic violence remains a pressing issue, with approximately 70% of cases resolved through penal mediation in recent years. In West Java Province alone, nearly 3,000 cases of domestic violence have been recorded, highlighting the urgency of effective resolution mechanisms. Penal mediation has emerged as an alternative approach, yet its alignment with Islamic legal principles remains underexplored. Islamic law strictly prohibits acts of violence, as it is a religion that upholds human dignity and peace. This study aims to examine the principles of Islamic law in the application of penal mediation to domestic violence cases and to identify the challenges faced in its implementation from both general and Islamic perspectives. Employing an empirical juridical method, this research gathers qualitative data through interviews, field observations, and literature reviews. The findings reveal a strong correlation between Islamic legal principles and penal mediation, with Surah An-Nisa verse 35 serving as a foundational reference for mediation efforts. However, the study also uncovers normative challenges, including inconsistencies in regulatory frameworks and misinterpretations of Islamic law regarding reconciliation and peace. The novelty of this research lies in its integration of Islamic legal principles with contemporary penal mediation practices, providing a unique perspective on addressing domestic violence. By bridging legal theory and religious doctrine, this study contributes to the development of more culturally and ethically grounded mediation practices, offering valuable insights for policymakers, legal practitioners, and religious scholars.
ANALISIS PERUBAHAN PERATURAN DALAM MELAKUKAN INITIAL PUBLIC OFFERING DI BURSA EFEK INDONESIA Dwinanda, Irfan Alfieansyah
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.13513

Abstract

The capital market plays a significant role in a country's economy, as it enables the functioning of economic and financial activities. Indonesia ranks first among ASEAN countries in terms of market capitalization, and the Financial Services Authority and the Indonesia Stock Exchange predict that the Indonesian stock market's capitalization still has the potential to grow even larger. The opportunity for significant capitalization encourages the government to facilitate IPO requirements, especially for start-ups and medium-sized enterprises. However, easing IPO requirements may have both positive and negative impacts on investors, securities, and issuers (company). This study is a normative juridical research using secondary data, which is then analyzed qualitatively. The research findings indicate that the number of companies conducting IPOs does not necessarily reflect the quality of the stock exchange. By granting permission to companies that have not yet recorded profits for IPOs, investors are encouraged to speculate on the movement of stock prices and the condition of the market. Therefore, it is necessary to formulate regulations regarding IPOs that still prioritize the principle of full disclosure.
REGIONAL VICE HEADS: POWER PLAYERS OR MERE PUPPETS? UNPACKING THE CONTRADICTIONS IN LAW NO. 23/2014 Arifin, Firdaus
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.14574

Abstract

The role of the deputy regional head in Indonesia is primarily intended to complement the regional head by assisting in the execution of governmental duties. However, the ambiguity surrounding the deputy’s authority has emerged as a critical issue, often resulting in disharmony between regional heads and their deputies. If left unresolved, this tension may disrupt regional governance and prompt considerations of abolishing the deputy regional head position altogether. This study employs a normative juridical approach, analyzing secondary data through qualitative juridical methods to produce a descriptive narrative. The findings reveal that the regional head’s authority frequently overshadows the deputy’s role, rendering the deputy regional head largely symbolic and ineffective. This power imbalance has been a recurring source of conflict. To address this, the study proposes a Principle-Based Authorization Model to clearly define and strengthen the deputy’s authority, ensuring a more balanced and harmonious relationship. The urgency of this issue necessitates action from both the government and parliament to revise Law No. 23 of 2014 on Regional Government or to introduce specific regulations delineating the deputy’s responsibilities. By empowering the deputy regional head’s role, this reform could enhance the efficiency and effectiveness of regional governance, contributing to more stable and cooperative leadership at the regional level.

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