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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 188 Documents
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Ormas Keagamaan Jadi Korporasi: Politik Hukum di Ujung Tambang: Religious Community Organization as Corporation: Legal Politics at the Edge of the Mine 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.
Analisis Hukum Penyitaan Aset Korupsi dalam Perspektif Keadilan dan Pemulihan Keuangan Negara: Analysis of Legal Confiscation of Corruption Assets from the Perspective of Justice and State Financial Recovery 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....
Konstitusionalitas Pengutamaan Tenaga Kerja Indonesia Pasca Putusan MK No. 168/PUU-XXI/2023: Implikasi Hukum dan Kebijakan Ketenagakerjaan: The Constitutionality of Indonesian Labor Prioritization Following Constitutional Court Decision No. 168/PUU-XXI/2023: Legal and Employment Policy Implications 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.
Harmonisasi Sistem Hukum Peradilan Tata Usaha Negara dalam Mewujudkan Kepastian Hukum Tenggang Waktu Gugatan: Harmonizing the Administrative Court Legal System to Ensure Legal Certainty in the Administrative Lawsuit Time Limit 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.
Akibat Hukum Ketidaklengkapan Informasi Pada Medical Checkup Yang Treadmill Testnya Tidak Terlaksana Dengan Alasan Medis: Legal Consequences Of Incomplete Delivery of Information in Medical Checkups Where The Treadmill Test Was Not Conducted Due To Medical Reasons 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...
Transforming Legal Scholarship: Strategic and Innovative Approaches to Developing a Student Edited Law Journal Toward International Recognition Arifin, Ridwan; Alkadri, Riska; Irawaty; Baiquni, Muhammad Iqbal
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.v25i2.35412

Abstract

The transformation of legal scholarship in higher education increasingly depends on the capacity of student-edited law journals to align with international standards of academic quality, editorial integrity, and global visibility. In Indonesia, several student-run law journals—such as those managed by Universitas Negeri Semarang (UNNES), Universitas Gadjah Mada, and Universitas Indonesia—have begun experimenting with digital platforms, peer review systems, and open-access dissemination to enhance their academic standing. Building upon previous research adopting and modifying the Harvard Law Review model of editorial management, this study explores strategic and innovative approaches to developing student-edited law journals toward international recognition. Using a qualitative and comparative descriptive method, it analyzes the transformation of editorial practices, digitalization processes, peer review mechanisms, and collaborative initiatives across selected Indonesian law faculties. The findings indicate that sustainable transformation requires a holistic strategy integrating academic rigor, technological innovation, and strong institutional support. Moreover, international benchmarking, ethical publication standards, and cross-border academic partnerships are identified as crucial factors in improving journal reputation and visibility. This study contributes to the advancement of legal scholarship in Indonesia by proposing a practical framework that can guide student-edited law journals—particularly at UNNES—in evolving from local academic initiatives into internationally reputable platforms for legal research and discourse.

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