Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
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Plus Ultra: Juridical Analysis of Space Resources Utilization Mechanisms for Indonesia’s Future Regulation
No full textThe current development of outer space has reached a new beginning, marked by many space company leveraging the opportunities of the space economy. Outer space itself is governed by a set of international treaties known as the Corpus Juris Spatialis. However, with the rapid advancement of space commercialization, the provisions of the Corpus Juris Spatialis are deemed unable to accommodate all existing phenomena. Therefore, many regulatory frameworks are currently being established to fill the gaps in the Corpus Juris Spatialis, one of which is domestic law. Along with advancements in space technology in spacefaring nations such as the United States and Japan alongs with non space firing nations such as Luxembourg, and the United Arab Emirates, domestic regulations have been enacted to permit private ownership of extracted space resources. On the other hand, Indonesia, as a non-spacefaring nation, currently lacks a legal framework for space commercialization related to the utilization of outer space resources in space mining activities. The objectives of this research are, first, to examine the international legal framework, national laws, and those created by international organizations related to the utilization of outer space governance. Second, this research will attempt to provide a new perspective on a comprehensive and responsible national regulatory framework for commercialization. This study used a normative juridical method with a comparative and conceptual approach to evaluate regulatory mechanisms, particularly the application of the "systematic and organized" model. By analyzing international space conventions, as well as domestic instruments. The research findings indicate that there are several conceptual differences regarding space resources among countries with space licensing regulations, each regulating space resources slightly different. Ultimately, this research proposes the establishment of a comprehensive national legal framework in the future to regulate licensing, ownership rights, liability, sanctions, and taxation mechanisms for the utilization of outer space resources. This framework aims to ensure legal certainty and align Indonesia's interests with the norms of international space law
The Juridical Analysis of Narcotics Abuse Settlement through Restorative Justice in Bekasi
No full textThis study aims to analyze the implementation of restorative justice in drug abuse cases at the District Attorney’s Office of Bekasi Regency. The approach is grounded in the values of substantive justice, humanity, and criminal justice system effectiveness, particularly in response to the inefficiencies of conventional penal models for drug users. This research adopts a normative juridical method and a case study approach of the suspect Muhamad Yunus. The resolution of narcotics abuse cases through rehabilitation is a mechanism inseparable from the implementation of restorative justice, with the spirit of restoring the original condition by rehabilitating the perpetrator of narcotics abuse, which constitutes a victimless crime. The Prosecution Service may terminate prosecution if the perpetrator meets certain criteria and can undergo rehabilitation, thereby providing a solution to narcotics abuse cases involving offenders better suited for rehabilitative measures. The findings reveal that while restorative justice is not explicitly regulated in Law No. 35 of 2009 on Narcotics, its implementation can be legally justified through prosecutorial discretion based on the Attorney General’s Regulation and integrated assessment results. The study also emphasizes the importance of amending legislation to strengthen the legal legitimacy of restorative justice in drug-related cases as a corrective and humanistic approach within Indonesia’s criminal justice syste
Judicial Reasoning in Appellate Sentencing for Major Corruption Cases
No full textThis study aimed to examine the judicial reasoning behind the enhancement of an appellate sentence in a major corruption case in Indonesia and to assess whether the judges’ considerations aligned with the principles of due process of law, proportionality, and legal certainty. The research method used was a normative juridical approach employing statutory, case, and comparative analyses. Data were obtained through library research involving primary legal materials, secondary literature, and tertiary references, and were analyzed qualitatively through a descriptive-analytical technique. The novelty in this research lies in its focused examination of appellate judges’ authority to impose heavier sentences in corruption cases, particularly by identifying the juridical foundation used to justify sentence enhancement and by evaluating its coherence with fundamental principles of criminal procedure. Unlike previous studies that primarily discuss corruption sentencing disparities or political influences on judicial decisions, this research provides a detailed analysis of how appellate judicial reasoning functions as a mechanism to uphold substantive justice. Based on the research, it was concluded that the appellate judges grounded their decision on legally valid evidence and carefully weighed both aggravating and mitigating factors, including the scale of state losses, societal impact, and the defendant’s cooperative conduct. The enhanced sentence was consistent with proportionality, due process, and legal certainty, and represents an important precedent for strengthening judicial integrity and advancing reform within Indonesia’s criminal justice system
IMPLEMENTASI RETRIEVAL AUGMENTED GENERATION MENGGUNAKAN LANGCHAIN
No full textPerkembangan Large Language Model atau lebih dikenal LLM yang sangat pesat memberikan dampak yang signifikan dalam aktivitas manusia, kemudahan dan keberagaman informasi tersedia dan hampir bisa diakses oleh berbagai kalangan. Namun terbatasnya data latih menjadi evaluasi yang sangat krusial dan mengakibatkan LLM sering mengalami halusinasi. Penelitian ini bertujuan untuk mengembangkan salah satu alternatif solusi halusinasi pada LLM dengan model Retrieval Augmented Generation menggunakan Langchain dengan hasil berupa output jawaban yang kontekstual. Untuk memastikan LLM memberikan jawaban yang sesuai konteks pertanyaan. Penelitian ini menggunakan framework Langchain untuk mengimplementasikan RAG dengan menggunakan model LLM Gemini-1.5-pro-latest, LLM diuji dengan matriks yang ROUGE dan BLEU. Hasil evalauasi menunjukkanskor kemiripan ROUGE 1 (1,000) ROUGE 2 (1,000) ROUGE L (1,000) BLEU (0,863)
Securities Bankruptcy Due to Failure to Make Payments in Repurchase Agreement Transactions
No full textThe Central Jakarta Commercial Court granted the request for bankruptcy to a securities company, PT. AAA Securitas requested by individuals, in this case individuals are GM and AGH through Decision No. 08/Pdt.Sus.PAILIT/2015/ PN.Niaga.Jkt.Pst. The Central Jakarta Commercial Court then decided upon the request of bankruptcy requested by GM as Petitioner I and AGH as Petitioner II granted and issued Decision No. 08 / Pdt.Sus.PAILIT / 2015 / PN.Niaga.Jkt.Pst by looking to see Article 2 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations and Article 8 paragraph (4) of Law Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the Central Jakarta Commercial Court granted the bankruptcy application completely and canceled the bankruptcy status for PT. Andalan Artha Advisido Sekuritas. This type of research used is normative research which is theoretical by interpreting and examining the application of the rules concerning conceptions, principles, doctrines and norms in positive law in force. Based on the results of the study it was found that the ruling was contrary to the provisions of Article 2 paragraph (4) of the Bankruptcy Law and SDPO because the party who has the right to submit a request for bankruptcy against PT. AAA Securities are Financial Services Authority (Otoritas Jasa Keuangan/OJK)
Diploma Withholding by Companies in the Perspective of Constitutional Rights to Education and Employment : A Case Study in Surabaya
No full textThis study examines the practice of diploma withholding by companies in Indonesia from the perspective of constitutional rights to education and employment. Diploma withholding, often imposed as a means of ensuring employee compliance, raises fundamental legal issues as it involves the misuse of personal documents containing private data and potentially violates workers’ constitutional rights guaranteed under Article 28D paragraph (2) and Article 31 of the 1945 Constitution. Using a qualitative normative legal research method with statutory and case approach, this study analyzes the legal implications of such practices in relation to labor law, the Law on Personal Data Protection, and constitutional guarantees. The findings show that diploma withholding not only undermines legal certainty and fair treatment in employment relations but also contradicts the principle of human dignity protected under constitutional law. The study concludes that diploma withholding should be considered a violation of constitutional rights, requiring stronger regulatory enforcement and constitutional awareness by both state authorities and corporate actors
Reassessing Diversion and Restorative Justice in Indonesia’s Juvenile Criminal System: Legal Paradigms, Policy Gaps, and Implementation Challenges
No full textIndonesia’s juvenile criminal justice system has embraced diversion and restorative justice as foundational principles following the enactment of Law No. 11 of 2012 on the Juvenile Criminal Justice System. This study critically examines the legal frameworks underpinning these principles, explores the policy gaps, and evaluates the implementation challenges that have emerged in practice. Employing a socio-legal qualitative methodology, this paper reviews statutory provisions, policy documents, and empirical research findings on diversion and restorative justice in Indonesia. The results reveal that while Indonesia’s legal reforms align with international standards on juvenile justice, significant inconsistencies persist in the practical application of diversion policies. Key barriers include uneven regional implementation, lack of standardized procedures, insufficient training for law enforcement, and societal resistance rooted in a punitive legal culture. The discussion offers a comprehensive analysis of these challenges and suggests strategic pathways to strengthen the restorative justice framework. The paper concludes by recommending policy reforms that incorporate local wisdom, enhance institutional capacity, and promote community involvement to ensure sustainable and effective juvenile justice practices in Indonesia
Legal Analysis of the Reappointment of Former Convicted Village Head Based on the Policy of Extending the Term of Office of the Village Head
No full textThe election of village heads is a manifestation of local democracy that affirms the sovereignty of the village people in determining leadership at the most basic level of government. Changes in regulations through Law No. 3 of 2024 which extended the term of office of village heads from six years to eight years, as well as the birth of the Ministry of Home Affairs Circular Letter Number 100.3/4179/SJ, have juridical and sociological implications for the legitimacy of the village head position. One of the crucial issues is the reappointment of village heads who have been entangled in criminal acts, as in the case of the Sekapuk Village Head who was sentenced to five months in prison for embezzlement but was re-inaugurated and received an extension of office. This study uses normative legal methods with legislative and conceptual approaches to examine the suitability of these policies with democratic principles, the principles of clean governance, citizens' political rights, and public accountability. The results of the study show that although the circular provides administrative legal certainty and prevents a vacancy in village leadership, the policy creates a normative conflict between the restoration of the political rights of former convicts and the demands for the integrity of public office. This condition has the potential to reduce public trust in village government and weaken the principle of accountability. Therefore, a more comprehensive policy formulation is needed by including morality and integrity requirements for village heads whose positions are extended so that the principles of democracy and good village governance are guaranteed
Tripartite Institutional Mechanism in the Discussion of the Draft Law
No full textThis article explores the emergence and implementation of a tripartite institutional mechanism in the legislative process in Indonesia, particularly following the Constitutional Court Decisions No. 92/PUU-X/2012 and No. 79/PUU-XII/2014. These rulings affirm the legislative role of the Regional Representative Council (DPD) alongside the House of Representatives (DPR) and the President, establishing a more balanced representation in drafting laws within specific areas. Using a normative juridical approach, this study analyzes the constitutional foundations, institutional practices, and comparative perspectives on bicameralism. The research identifies significant structural and functional disparities between the DPR and DPD, despite the formal recognition of the DPD’s legislative rights. Although the DPD may participate in the first and second-level discussions of draft bills, it is excluded from the final approval stage. Moreover, DPD-initiated bills and proposed revisions are often ignored in practice, weakening its legislative impact. Drawing from comparative constitutional studies, the article highlights the typologies of bicameralism—ranging from perfect to weak—and situates Indonesia's model within the broader global context. The findings underline that a truly effective tripartite mechanism requires not only formal recognition but also practical and procedural adjustments to ensure power-sharing and institutional dignity. The authors recommend enhancing the DPD's authority through constitutional practices, internal institutional development, and greater political negotiation capacity to strengthen its legislative influence and create a more balanced parliamentary structure
The Contradiction of Imposing BPHTB on the Creation of Unpayment of PPJB with the Principle of Convenience
No full textThis paper aims to analyze the imposition of tax on the acquisition of land and building rights (Bea Perolehan Hak atas Tanah dan Bangunan – BPHTB) after the signing of a Preliminary Sale and Purchase Agreement (Perjanjian Pengikatan Jual Beli – PPJB), particularly Unpayment of PPJB, based on the principle of convenience. This paper uses the doctrinal legal research method to study the imposition of BPHTB on Unpayment of PPJB based on the principle of convenience. The study employs secondary data in the form of primary and secondary legal materials to address the research questions. This study concludes that imposing BPHTB after signing Unpayment of PPJB goes against the principle of convenience introduced by Adam Smith and used as a tax concept worldwide. Imposing BPHTB at the time of Unpayment of PPJB clearly contradicts this principle because BPHTB is collected at an inappropriate time: when there has been no transfer of land rights from the seller to the buyer. This study is expected to contribute to the development of legal science, particularly in the domain of tax law. It is also hoped that this research will serve as a basis for policymakers to formulate regulations related to the collection of BPHTB on Unpayment of PPJB, in accordance with the principle of convenience. This study provides an analysis of the imposition of BPHTB on Unpayment of PPJB, based on the principle of convenience. A review of the extant literature reveals an absence of studies that specifically address this issue. This constitutes the novel aspect of this study