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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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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.
The End of Blasphemy Crimes in Indonesia: Shifts in Human Rights Limitations and MUI’s Fatwa Authority Tobroni, Faiq; Tahir, Ach; Iswantoro; Basuki, Udiyo; Murdoko
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.v26i2.31471

Abstract

The old Indonesian Criminal Code poses problems with regard to the handling of religious crimes. For example, Article 156a criminalises religious expressions considered deviant or heretical. The old Criminal Code limits religious expression by criminalising heretical religious interpretations. These limitations obscure the freedom of religion as a human right. This study examines the paradigm shift in human rights limitations in the new Criminal Code, and its impact on the fatwa authority of the Indonesian Ulema Council (MUI). A normative juridical method is employed through a literature-based analysis of statutory provisions on blasphemy offences under both the former Indonesian Criminal Code and the new 2023 Indonesian Criminal Code, alongside fatwas issued by the Indonesian Ulema Council (MUI) and relevant legal and human rights scholarship. The findings demonstrate that Article 300 of the new Criminal Code reconfigures the regulation of blasphemy offences by shifting the framework of limitations on human rights of religious expression, particularly through changes in the scope of criminalisation and the normative role of the fatwa authority. Criminalisation now applies to actions that interfere with freedom of religion, rather than to blasphemy against religion itself. The objective of limitation has shifted from protecting religion to protecting religious freedom. This change has implications for the role of local fatwa authorities in handling religious crimes.
From Forced Confessions to Digital Coercion: Rethinking the Admissibility of Evidence in Criminal Trials in Indonesia Kasim, Ramdhan
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.v26i2.25584

Abstract

The Indonesian criminal justice system still accepts evidence obtained through coercion, either physical or digital, because there is no principle-based exclusion framework and the courts don't have enough control. This absence of normative guidance violates both the constitutional assurance of due process and the enforceable obligations under international human rights law. The objective of this research is to examine Indonesia's evidentiary doctrine and formulate a strategy for the exclusion of illegally obtained evidence from a rights-based standpoint. This research utilizes a normative juridical methodology, incorporating literature reviews, comparative law, and statutory analysis. The findings indicate that Indonesian courts are grossly unprepared to address modern forms of coercion, including those facilitated by algorithmic manipulation and digital surveillance. You can see where Indonesia is falling short by looking at how the US, Germany, and the European Court of Human Rights have done things in the past. This study introduces digital coercion as a novel analytical category and contends that evidence obtained through digital means undermines the legitimacy of adjudication and the voluntariness of the process. The study's prescriptive contribution advocates for the establishment of pre-trial evidentiary hearings, the integration of a definitive exclusionary rule into KUHAP, and the formulation of procedural safeguards for digital evidence. This study offers a robust foundation for reevaluating Indonesia's evidence doctrine in consideration of the ethical dilemmas presented by contemporary criminal justice and in accordance with international standards.
Drug Smuggling Within Correctional Facilities: Modus Operandi, Regulatory Gaps, and Legal Reform Purnomo, Hadi; Prasetyo, Edi; Edi Wibowo , 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.v26i2.29584

Abstract

Drug smuggling in Indonesian correctional institutions remains a complex issue caused by multidimensional factors, hindering the goal of rehabilitation. Despite strict regulations, the involvement of officers and external networks persists. This study aims to identify smuggling modus operandi, assess the impact of weak supervision and officer integrity, and formulate legal solutions. Using a normative juridical method with statute and conceptual approaches, this research reveals that smuggling commonly occurs through family visits, couriers, and illegal communication devices. This study contributes novelty by integrating modus operandi analysis with the gap between legal norms (das sollen) and institutional practice (das sein) in Indonesian correctional law. The findings highlight that current regulations lose effectiveness due to a lack of legal culture and integrity. Consequently, proposed solutions include strengthening internal supervision, enforcing strict sanctions for involved officers, and reforming the correctional legal culture.

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