Jurnal Online Universitas Pekalongan
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The Authority of Judges to Independently Determine the Amount of State Financial Losses in Verdicts on Corruption Cases
Get PDFLaw enforcement in corruption cases in Indonesia often faces challenges related to proving the element of state financial loss. One of the issues that arises is the authority of judges to independently determine the amount of state loss without relying on an official audit by state audit institutions such as the Audit Board of Indonesia (BPK) or the Financial and Development Supervisory Agency (BPKP). This study employs a normative juridical research method using a statute approach and an analytical approach to examine the legal basis, judicial practices, and implications of such authority. The findings indicate that although Article 183 of the Indonesian Criminal Procedure Code (KUHAP) grants judges the authority to decide based on at least two valid pieces of evidence, the absence of an official audit can lead to legal uncertainty, the risk of judicial error, and violations of the defendant’s right to a fair trial. Therefore, harmonization between regulations and judicial practice is necessary to ensure legal certainty, protection of human rights, and the effectiveness of corruption eradication
Implementation of Fulfilling The Constitutional Rights of Citizens in Religion: Case Study of Batur Village, Indonesia
Get PDFIn recent years, various events showing the existence of religious freedom have become a phenomenon. Violation of respect for the individual’s freedom to embrace and practice religious freedom has an impact on all aspects of life, including education, health, employment, and access to public services. As the national organizer, the government plays an important role in creating a favorable, safe and peaceful atmosphere for the people. The slogan of Bhinneka Tunggal Ika seems to be only utopian, which is reflected in the civil relations in the village of Batur, where occupations are multi-religious. But it is important to note that the term "villages of tolerance" is not only symbolic. Studies have shown that the rights stipulated by the constitution are mentioned as village tolerance rights, and the extent to which these rights are realized in the future should be fully supported by the local government and the village government. The research is qualitative, collecting primary data through interviews and secondary data through documents related to the problem. The result of this research is that the realization of the religious rights of Semarang Regent in Batur Village is not top-down (from the state to the citizens), it is precisely that the realization of religious rights in Batur Village is collectively discussed. The community’s own awareness and mutual encouragement to create a harmonious and coordinated shared life between one religion and anothe
Protection of Traditional Cultural Expressions of the North Sulawesi Community Against Unauthorized Use for Commercial Purposes
Get PDFThis study examines the legal protection of traditional cultural expressions (TCEs) of North Sulawesi communities, which are frequently exploited without authorization for commercial purposes. Such exploitation raises significant legal issues, particularly concerning intellectual property rights violations and the neglect of the collective rights of Indigenous communities. The objective of this research is to analyze the existing legal framework for protecting TCEs and to propose a more adaptive and equitable model of legal protection. This is a normative legal study employing statute, conceptual, and case approaches. Data were analyzed qualitatively and descriptively through literature review and legal document analysis. The novelty of this research lies in its proposed community-based legal protection model that integrates customary law principles with national legislation and international cultural rights standards. The findings reveal that the current legal protections are fragmented and do not yet provide optimal safeguards for Indigenous TCEs. The study recommends the development of a more comprehensive legislative framework, the strengthening of local government roles, and the establishment of protection mechanisms based on the active participation of Indigenous communitie
Rationality of Witchcraft Offense in The New Paradigm of Punishment in Indonesia
Get PDFThis research examines the rationality of criminalizing the practice of witchcraft in the framework of Indonesian criminal law after the enactment of Law Number 1 of 2023 concerning the Criminal Code. This law expressly regulates criminal acts based on the recognition of magical powers associated with witchcraft. The offence of witchcraft in the new Criminal Code raises various controversies such as the potential vagueness of the norm, difficulty of proof, and implications for freedom of expression as well as the potential for arbitrary criminalization. Many have criticized the irrationality of regulating witchcraft, which is rooted in mystical beliefs, consciously drawn by the legislators into a rational legal framework. How can a practice that is considered irrational be regulated by law based on rationality and logic? Using normative juridical research method, this study unravels the witchcraft controversy in the new Criminal Code while explaining the legal framework and punishment policy contained in Article 252 of the Criminal Code. Through philosophical deepening and comparative studies, this study critically examines the aspects of norm coherence with the principle of legality, scientific proof efforts, as well as its effectiveness in dealing with social impacts. The purpose of this study is to analyze the rationale behind the establishment of Article 252 of the Criminal Code as an instrument to criminalize the practice of witchcraft. The results of this study conclude that Article 252 of the Criminal Code is a rational legal instrument. This article also reflects a paradigm shift in punishment that is not merely repressive, but educative and preventive so that the Indonesian criminal law system is able to respond to the irrational practice of witchcraft
Contestation of Interests in the Development of Civil Virtue in the Nagari Community
Get PDFThis study examines the dynamics of interest contestation in developing civic virtue within Nagari communities, specifically focusing on Nagari Sungai Pua following the 2023 Nagari Head Election (PILWANA). Through qualitative descriptive research conducted over three months (October-December 2023), involving 25 key informants from various social elements, this study reveals how political contestation significantly influences the development of civic values in traditional communities. The findings demonstrate that interest contestation manifests in three primary dimensions: social fragmentation patterns, transformation of collective decision-making mechanisms, and reconfiguration of traditional value systems. The research identifies that post-election polarization has created complex alliance networks transcending traditional tribal boundaries, affecting both formal social structures and informal community dynamics. Furthermore, the study highlights how modernization pressures have led to the development of sophisticated filtering mechanisms in selecting and adapting new values while maintaining fundamental principles rooted in local traditions. This research contributes to understanding how traditional communities navigate the challenges of maintaining civic virtue amid contemporary political dynamics, offering insights for policy development in local governance strengthening and social cohesion enhancement. The study suggests that successful civic virtue development depends heavily on the community\u27s ability to manage interest contestation through constructive dialogue and public deliberation, emphasizing the importance of developing inclusive strategies that bridge various stakeholder interests while preserving traditional values
Law Enforcement of Skimming as a Cyber Crime: Digital Forensic Challenges and Evidence in Court
Get PDFSkimming is a form of cybercrime that continues to grow with the increasing use of digital banking technology. This method involves stealing customer card data through special devices installed on ATMs or payment terminals, resulting in significant financial losses. This article discusses law enforcement against skimming, focusing on two main aspects: digital forensic challenges and evidence in court. The research method used is a juridical-normative approach with a literature review, which includes analysis of laws and regulations, legal literature, and actual cases related to skimming. Furthermore, a case study approach is used to examine the application of digital evidence in the judicial process. The results show that investigators face difficulties in identifying electronic traces, analyzing evidence, and ensuring the authenticity of digital data that is vulnerable to manipulation. Another challenge lies in providing evidence in court, where judges and law enforcement officials often have limited technical understanding of digital forensics. However, judicial practice shows that digital evidence is admissible if obtained legally and supported by adequate forensic expertise. Thus, law enforcement against skimming requires synergy between regulations, technology, and the competence of law enforcement officials. Collaboration between digital forensic experts and law enforcement is key in addressing skimming as a cybercrime
Restorative Justice Approach for Children Who Commit Crimes During Demonstrations: Law Enforcement and Future Arrangements
Get PDFDemonstrations are one form of community effort to channel their rights and express their opinions. Basically, demonstrations have been regulated in various laws and regulations, particularly to ensure that those demonstrating are adults and can do so in a conducive and law-abiding manner. In practice, there are children, particularly school-aged children, who participate in demonstrations without knowing their purpose or goals, and instead engage in actions that damage facilities and break the law. This research aims to analyze the Restorative Justice approach for children, particularly when children face the law, such as when they participate in demonstrations. This research is normative legal research with a conceptual and legislative approach. The research findings confirm that, based on various laws and regulations, children are not permitted to participate in demonstrations, but the state is still obligated to provide space and facilitate children in expressing their aspirations and rights. Regarding children who commit unlawful acts while participating in demonstrations, law enforcement agencies, particularly the police, must optimize the Restorative Justice approach by involving parents, teachers/educators/community leaders, and the Indonesian Child Protection Commission (KPAI) to ensure that children who commit unlawful acts during demonstrations can understand their mistakes without losing their rights to grow and develop. This research recommends legal updates to regulations governing public expression, emphasizing a Restorative Justice approach for children who commit legal violations during demonstration
Implementation of the Agrarian Reform Program in Improving Farmer Welfare: A Case Study of Sharecroppers in South Garut
Get PDFThis study analyzes the implementation of agrarian reform programs in southern Garut and their contribution to improving farmers\u27 welfare. Agrarian reform is positioned as a strategic instrument to reduce land ownership inequality, strengthen farmers\u27 rights, and promote sustainable rural development. Through land redistribution, the provision of ownership certificates, and access to supporting programs such as agricultural extension and formal credit, farmers gain legal certainty, increased productivity, and expanded market participation.
The results of the study show that agrarian reform has a multidimensional impact: economically, it increases farmers\u27 access to productive resources; socially, it strengthens their status and reduces their vulnerability to eviction; and institutionally, it encourages the strengthening of farmer organizations in accessing government assistance. However, program implementation still faces various challenges, including bureaucratic obstacles, overlapping ownership claims with the forestry and private sectors, and weak institutional capacity at the local level.
In conclusion, agrarian reform in the southern Garut region has the potential to be a major driver of farmer welfare, provided that it is integrated with broader rural development policies and supported by a strengthened institutional framework. Active stakeholder participation, transparent governance, and fair resolution of agrarian conflicts are key factors in ensuring the sustainability of its impact
Pengaruh Salinitas Berbeda Terhadap Daya Tetas Telur Udang Vaname (Litopenaeus vannamei)
Get PDFSalinitas sangat berpengaruh pada budi daya perikanan air laut maupun air payau. Tujuan dari penelitian ini adalah untuk mengetahui pengaruh kisaran kadar garam (salinitas) yang baik pada daya tetas telur udang vaname (Litopenaeus vannamei), sebagai acuan nantinya pada proses pembenihan udang vaname di fase peneluran. Metode pengambilan data ini menggunakan percobaan Rancangan Acak Lengkap (RAL) yang terdiri dari 4 perlakuan yaitu salinitas 28 ppt, salinitas 32 ppt, salinitas 34 ppt dan 3 kali ulangan dengan jumlah telur per pengulangan 200 butir. Alur proses penelitian ini diawali dengan persiapan peralatan (Bak / kolam, seser, refraktometer, dll) yang dibutuhkan, tahap selanjutnya yaitu penyediaan telur udang vaname sebagai bahan penelitian, dan tahap terakhir yaitu melakukan pengamatan penelitian. Hasil penelitian menunjukan salitinas 32 ppt mendapatkan hasil terbaik dimana pembelahan sel sangat optimal dan waktu yang diperlukan lebih singkat yaitu 8 jam 43 menit dengan nilai rata-rata HR 84-91% tidak terdapat naupli yang abnormalitas dan naupli berenang aktif
Serang Javanese Speech Contest at SMK Global 2 Bandung to Preserve the Use of Serang Javanese
Get PDFLanguage is one of the essential abilities that humans have to communicate, both between speakers and listeners, because humans are social creatures who interact with each other. In Indonesia, the use of regional languages is very diverse, with more than 700 existing regional languages, for example Banten Javanese. Banten Javanese is the result of a meeting between Demak Javanese, Cirebon Javanese, and Sundanese spoken by Banten natives when the Sultanate of Banten was formed in 1525. Over time, the Serang Javanese language began to fade. Although not yet comprehensive, in certain places, for example at SMK T 2 Global, activities have begun to be carried out that aim to preserve the Serang Javanese language. This article is presented through literature and interview methods. Bebasan Javanese language can be said to have begun to lead to extinction due to several causal factors, namely parents not teaching their children and Serang Javanese language is also considered difficult in terms of vocabulary and pronunciation.
Keywords: speech competition, cultural contest, Serang javaneseBahasa merupakan salah satu kemampuan esensial yang dimiliki manusia untuk berkomunikasi, baik antara penutur maupun pendengar, karena manusia adalah makhluk sosial yang saling berinteraksi. Di Indonesia, penggunaan bahasa daerah sangatlah beragam, dengan lebih dari 700 bahasa daerah yang ada contohnya bahasa jawa serang. Bahasa Jawa Banten merupakan hasil pertemuan antara bahasa Jawa Demak, Jawa Cirebon, dan bahasa Sunda yang digunakan oleh penduduk asli Banten saat Kesultanan Banten dibentuk pada tahun 1525. Seiring berjalannya waktu, Bahasa Jawa Serang mulai memudar. Meskipun belum menyeluruh, pada tempat tertentu contohnya di SMK T 2 Global telah mulai dilakukan kegiatan yang bertujuan untuk melestarikan bahasa Jawa Serang. Artikel ini disajikan melalui metode literatur dan wawancara. Bahasa Jawa Bebasan dapat dikatakan sudah mulai mengarah pada kepunahan karna beberapa faktor penyebab yaitu orang tua tidak mengajarkan kepada anak-anaknya dan bahasa Jawa serang juga dianggap sulit dari segi kosakata maupun penyebutan