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.
Articles
199 Documents
<![CDATA[KONVERGENSI HUKUM ADMINISTRASI NEGARA: ANALISIS TERHADAP KEPUTUSAN TATA USAHA NEGARA YANG MENGANDUNG UNSUR HUKUM PERDATA ]]>
<![CDATA[Pantja Astawa, I Gde]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23969/litigasi.v25i2.17205
<![CDATA[The State Administrative Decision (KTUN) plays a central role in regulating the relationship between the government and society. However, the exclusion of KTUN classified as a civil legal action, as stipulated in Article 2 letter a of Law No. 5 of 1986 concerning the State Administrative Court, has created ambiguity and the potential for overlapping jurisdiction between the State Administrative Court (PTUN) and the General Court. This study aims to analyze the convergence of administrative law and private law within the context of KTUN and provide recommendations for resolving the contradictions in the existing legal framework. This research employs a normative legal method, utilizing both statutory and conceptual approaches, and analyzes data from regulations and court decisions. The findings reveal that the terminological confusion within the State Administrative Court Law causes legal uncertainty and overlapping jurisdiction between the PTUN and general courts. The implications of this study highlight the need for revising the PTUN Law to eliminate the exclusion of State Administrative Decree involving private law elements, along with improving the competence of judges in handling disputes that involve the convergence of administrative and private law.]]>
<![CDATA[MENAKAR PENEGAKAN HUKUM PRAKTIK POLITIK UANG (MONEY POLITIC) DALAM MEWUJUDKAN KEADILAN PEMILU (ELECTORAL JUSTICE) ]]>
<![CDATA[Kurnia, Kamal fahmi]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23969/litigasi.v25i2.17313
<![CDATA[The mechanism for enforcing money politics law has 2 (two) different legal dimensions, namely the election criminal dimension and the election administration dimension. Such conditions give rise to legal uncertainty in the process of enforcing the money politics that occurs. The principle of electoral justice is an important perspective in the process of enforcing money politics laws. This research aims to construct Money politics Law Enforcement that can Achieve Electoral Justice in Indonesia. This research uses a normative juridical approach, with secondary data as the main data. The data collection method was carried out by literature study of secondary data. Next, data analysis was carried out using qualitative descriptive methods. The conclusion of this research states that the construction of law enforcement of money political practices in the implementation of elections in Indonesia can be carried out by constructing 2 (two) aspects, namely certainty regarding types of money politics violations as a special type of criminal violation for elections and constructing law enforcement of money political practices through the establishment of judicial institutions. especially elections.]]>
<![CDATA[KONSTRUKSI YURIDIS PENGATURAN BANTUAN JURU BAHASA BAGI TERDAKWA ]]>
<![CDATA[Susilo, Erwin]]>;
<![CDATA[Rafi, Muhammad]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23969/litigasi.v25i2.17359
<![CDATA[The defendant has the right to present a defense, and to guarantee that the defendants must understand the facts that arise during trials. The Indonesian Criminal Procedure Code (KUHAP), yet still superficial, does regulate the mechanism for appointing an interpreter. This study aims to elaborate: first, the urgency of an interpreter during trial; and second, how the law regulates the existence of an interpreter assistance for defendants. This research uses a normative juridical method. Based on the problem mentioned above, the conclusion is as follows: First, the appointment of an interpreter aims to ensure equality between the defendant and the prosecutor. Those conditions will lead to a verdict based on substantive truth by the judge. Second, the judge must use an official decree to appoint an interpreter, granting them legal authority during the trial. Before the interpreter translates any facts in the trial, they must first take an oath or pledge. An interpreter who provides intentionally false translations will be charged under Article 242 of the Criminal Code. Additionally, an interpreter who has been appointed but fails to fulfill their duties can be penalized under Article 224 paragraph (1) of the Criminal Code, and if the interpreter unlawfully fails to appear, they can be penalized under Article 522 of the Criminal Code. This study recommends that future reforms of the Criminal Procedure Code explicitly state that judges should appoint interpreters through official decrees and interpreters should be certified and integrated into the criminal justice system.]]>
<![CDATA[PENERAPAN RESTORATIVE JUSTICE DALAM TINDAK PIDANA DI BIDANG KETENAGAKERJAAN ]]>
<![CDATA[Zenno Januarsyah, Mas Putra]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23969/litigasi.v25i2.17862
<![CDATA[In practice, a significant number of criminal cases within the domain of employment have been resolved through the implementation of restorative justice methodologies, particularly in instances where wage violations have occurred below the established minimum wage. However, there are no specific regulations governing the implementation of restorative justice as a mechanism for resolving criminal cases in the employment sector. The issues addressed in this research pertain to the regulation of restorative justice in the resolution of criminal cases in the field of employment in Indonesia and the implementation of restorative justice in the resolution of labor crime cases. This research is descriptive and of a normative juridical nature, utilizing secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. It employs a statute approach and a case approach, and is subsequently analyzed using qualitative methods. The research findings indicate that there is no specific legislation governing the implementation of restorative justice in the resolution of criminal cases pertaining to labor in Indonesia. However, the Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice and Republic of Indonesia State Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice may serve as a potential reference point for the application of restorative justice in labor-related offenses. Then, the application of restorative justice in resolving criminal cases has in practice been carried out in cases of criminal violations of employment in paying wages...]]>
<![CDATA[Status Anak dalam Perkawinan Campuran: Kewajiban Negara dan Implikasi Hukum Perlindungan Hak Anak ]]>
<![CDATA[Naswar, Naswar]]>;
<![CDATA[Maskun]]>;
<![CDATA[Abdul Rahman]]>;
<![CDATA[Muhammad Mutawalli Mukhlis]]>;
<![CDATA[Tia Ludiana]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23969/litigasi.v25i2.17914
<![CDATA[A mixed marriage is a marriage between two people from different countries or cultures. This can give rise to various legal issues, especially related to the status of children born from the marriage. Mixed marriages have become increasingly common in this era of globalization. However, when couples with different nationalities This article examines various legal issues that often arise from mixed marriages, especially related to the status of children born from the marriage, both related to family law, civil law, and children's rights. This article aims to contribute to understanding the legal complexities that arise from mixed marriages such as the legal aspects of mixed marriages, the rights and obligations of mixed marriage couples, the implementation of the legal aspects of mixed marriages in Indonesia, and the challenges and solutions in the implementation of the legal aspects of mixed marriages and provide insights that can be used to formulate improvements in legal policies and protection of children's rights at the national and international levels. In compiling the article, the researcher chose to use a normative legal approach method, by searching for regulations and literature related to issues regarding the status of children in mixed marriages. The results or findings of this article are that there are rights and obligations of mixed marriage couples, for example, they have the right to obtain citizenship from their husband/wife and must ensure that their marriage complies with the provisions of Indonesian marriage law. The implementation of the legal aspects of mixed marriages in Indonesia...]]>
<![CDATA[CHILDREN’S RIGHTS IN THE CROSSFIRE: EXAMINING INDONESIA'S DIVORCE LEGAL CULTURE ]]>
<![CDATA[Sri Ciptorukmi, Anjar]]>;
<![CDATA[Safira Rahma, Adalia]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23969/litigasi.v25i2.18009
<![CDATA[The divorce rate in Indonesia has shown a significant annual increase, rising from 20.24% in 2018 to 29.39% in 2023, with an average growth of approximately 2% per year. This study examines the legal culture surrounding divorce in Indonesian courts and explores the potential for law to transform societal attitudes and practices. Using a qualitative descriptive approach, the research relies on secondary data, including court decisions, prior studies, and relevant legislation, analyzed through interactive methods. The findings reveal five key aspects of Indonesian legal culture related to divorce: (1) most divorce filings are initiated by wives; (2) divorces frequently occur during the early years of marriage; (3) child rights are often overlooked in divorce lawsuits; (4) many cases proceed without the defendant’s presence; and (5) societal norms tend to tolerate fathers neglecting financial responsibilities toward their families. These findings highlight the urgency of employing legal mechanisms to reshape societal attitudes toward divorce. The study proposes several measures to address these issues: emphasizing shared family responsibilities between spouses, mandating premarital counseling and family support programs, explicitly outlining divorce consequences in court rulings, broadening participation in divorce trials, and strengthening regulations on the enforcement and supervision of child and spousal maintenance rights. These recommendations aim to create a more equitable and accountable legal culture, contributing to the long-term stability and well-being of families in Indonesia.]]>
<![CDATA[REFORMULASI PERATURAN TENTANG DISABILITAS DALAM BIDANG PENDIDIKAN BERDASARKAN NILAI KEADILAN SOSIAL ]]>
<![CDATA[Lestari, Eta Yuni]]>;
<![CDATA[Diamantina , Amalia]]>;
<![CDATA[Maskur, Muhammad Azil]]>;
<![CDATA[Santi, Yeni]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23969/litigasi.v25i2.18342
<![CDATA[Fulfilling the rights of persons with disabilities is a shared responsibility between the government and society. Philosophically and juridically, the legal umbrella is the basis for fulfilling the rights of persons with disabilities in various fields. In reality, there is still discrimination against people with disabilities in various areas of life, including in the field of education. The problem formulation in this paper aims to examine how the reformulation of disability law policy in the education sector is in line with the values of social justice. This research is normative legal research using a conceptual, statutory approach. Sources of legal materials are primary legal materials, namely from legislation, books and journals. The data collection method uses library research, analyzed using a deductive thinking process to draw conclusions. The results of the research show that legal reformulation of persons with disabilities in the education sector is carried out with reference to philosophical (in accordance with Pancasila), juridical (harmonization and synchronization) of regulations regarding persons with disabilities both based on national and global law), and sociological (discrimination against persons with disabilities still occurs). which is contrary to human rights). The reformulation framework proposed by the author, harmonization and synchronization in the use of the term and classification of "disability" in legislation, harmonization and synchronization of rights in the field of education, reviewing inclusive school policies so that they comply with the principles of social justice.]]>
<![CDATA[PROBLEMATIKA HUKUM DALAM KEBEBASAN BERPENDAPAT PADA BIDANG POLITIK: PERSPEKTIF PENDIDIKAN KEWARGANEGARAAN DAN KETERLIBATAN MASYARAKAT TERHADAP PENERAPAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK (UU ITE) DI INDONESIA ]]>
<![CDATA[Halimah, Lili]]>;
<![CDATA[Hidayah, Yayuk]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23969/litigasi.v25i2.18489
<![CDATA[Kebebasan berpendapat di era digital menjadi isu penting dalam politik Indonesia, terutama terkait penerapan Undang-Undang Informasi dan Transaksi Elektronik (UU ITE). Penelitian ini mengeksplorasi dampak UU ITE terhadap kebebasan berpendapat dengan pendekatan hukum normatif. Data yang digunakan mencakup bahan hukum primer, sekunder, dan tersier. Hasil menunjukkan bahwa UU ITE, meskipun bertujuan melindungi masyarakat dari informasi negatif, sering digunakan untuk membatasi kebebasan berpendapat, khususnya bagi pengkritik politik. Ketidakpastian hukum akibat pasal-pasal mengenai penyebaran informasi dan ujaran kebencian menciptakan tekanan bagi individu untuk menghindari sanksi. Penelitian menekankan pentingnya keseimbangan antara perlindungan masyarakat dan hak kebebasan berpendapat melalui penegakan hukum yang adil. Selain itu, pemahaman UU ITE dalam pendidikan kewarganegaraan krusial untuk mengedukasi masyarakat mengenai hak dan kewajiban hukum. Keterlibatan masyarakat dalam advokasi dan pemantauan dapat mendorong penerapan UU ITE yang adil, sehingga hak-hak politik individu tetap terjaga.]]>
<![CDATA[Pertimbangan Majelis Arbiter dalam Menetapkan CISG sebagai Applicable Substantive Law pada Arbitrase: Indonesia ]]>
<![CDATA[Latifah, Emmy]]>;
<![CDATA[Hartanto, Heri]]>;
<![CDATA[Setiyawan, Anang]]>;
<![CDATA[Maheswari, Yoan Amadina]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23969/litigasi.v25i2.18517
<![CDATA[The United Nations Convention on Contracts for the International Sale of Goods (CISG) is an international legal instrument that can be chosen as the choice of law in international commercial contracts. Consequently, CISG is applied as the substantive law governing the resolution of disputes between contracting parties. However, in arbitration forums, the application of CISG as substantive law may vary depending on the considerations of the arbitral tribunal. This study aims to provide a comprehensive analysis of the considerations taken by arbitral tribunals when establishing CISG as the applicable substantive law in several international sale of goods cases. This research is normative legal research using statutory, case-based, and conceptual approaches, with data analyzed through legal interpretation methods. The findings of this study indicate that there are two conditions under which CISG is applied as the applicable substantive law, namely: (1) the application of CISG as the agreed choice of law by the parties; and (2) the application of CISG in situations where there is an absence of a choice of law.]]>
<![CDATA[UNCOVERING LEGAL GAPS IN DIGITAL BANKING: CUSTOMER PROTECTION AND BANK ACCOUNTABILITY IN INDONESIA ]]>
<![CDATA[Sriono]]>;
<![CDATA[Risdalina]]>;
<![CDATA[Kusno]]>;
<![CDATA[Kumalasari M, Indra]]>;
<![CDATA[Syahyunan, Hengki]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23969/litigasi.v25i2.18538
<![CDATA[The rapid growth of digital banking in Indonesia has necessitated robust legal frameworks to protect digital bank users. This study examines the legal protection available to digital bank customers, focusing on the confidentiality of personal data and the responsibilities of banks under Indonesian law. Utilizing a normative juridical research method, the study relies on library research and an analysis of relevant laws and regulations. The findings reveal that the current legal framework for safeguarding the confidentiality of bank customer data in Indonesia is fragmented and lacks a unified regulatory approach. Legal protection remains incomplete, as it relies on the interplay of multiple regulations without offering comprehensive safeguards. Moreover, the existing mechanisms for addressing breaches of data confidentiality place responsibility primarily on banks, with criminal and administrative liabilities serving as the main avenues for recourse. The novelty of this research lies in its critical evaluation of the gaps in Indonesia's regulatory landscape concerning digital banking, highlighting the need for a cohesive legal framework to ensure stronger protections for customer data. This study contributes to the discourse on digital banking regulation by providing a nuanced understanding of the challenges in safeguarding customer data in Indonesia. It offers valuable insights for policymakers, legal practitioners, and financial institutions in enhancing data protection measures and fostering trust in digital banking.]]>
