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2017 research outputs found
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Membangun Restoratif Justice Menuju Pembaruan Kitab Undang-Undang Hukum Acara Pidana
Full text linkThe process of resolving criminal cases through restorative justice is still fragmented across separate law-enforcement institutions, namely: the Police through Police Regulation (Perpol) No. 8 of 2021, the Prosecution Service through Attorney General Regulation (Perja) No. 15 of 2020, and the Courts through Supreme Court Regulation (Perma) No. 1 of 2024. To date, there has been no statute that specifically regulates the mechanism for resolving criminal cases through restorative justice. The enactment of Law No. 1 of 2023 on the Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) brings fresh hope, as it implicitly recognizes restorative justice. This can be seen in the formulation of Article 54 letter (j) on sentencing guidelines, which requires judges, when imposing a sentence, to consider forgiveness from the victim and/or the victim’s family; Article 70 letter (e), which provides that imprisonment should, as far as possible, not be imposed if it is found that the defendant has paid compensation to the victim; and Article 132, which states that prosecutorial authority is extinguished if there has been a settlement outside the court process as regulated in a law. Article 132 mandates the existence of a statute to further regulate restorative justice; however, up to the present, no such law has been enacted. This study employs a normative juridical research approach, using secondary data sources and qualitative analysis. The research aims to develop an effective restorative justice framework by analyzing factors of substance, structure, and legal culture that may influence the effectiveness of restorative justice in future implementation, so that the findings can contribute input for the forthcoming reform of the Criminal Procedure Code (KUHAP)
Perlindungan Hukum Bagi Pasien Terhadap Pelayanan Kesehatan Dan Perumahsakitan
Full text linkHealth Law is one of the important laws that is currently growing in Indonesian society. Legal protection is an effort to protect human rights that have been harmed and provide a sense of security to witnesses and/or victims. Through the provision of restitution, compensation, medical services and legal assistance is a legal protection for victims of crimes that occur in the community. The form of legal protection for medical services in General Hospitals for patients in terms of patient protection, related to medical actions, health workers will convey an understanding to the patient first. The implementation of the application of medical services in General Hospitals is based on positive law that has been applied in Hospitals in fulfilling the rights of these patients which are carried out with full commitment and in accordance with the duties and functions in general in protecting the community. In this study, the author examines the extent to which legal protection for patients in medical services and medical implementation based on positive law is carried out in General Hospitals. This research method uses a Normative Juridical Approach with a descriptive analytical research nature
Penanaman Modal Asing Di Indonesia
Full text linkThis research examines the legal framework and implementation of Foreign Direct Investment (FDI) in Indonesia within the context of national development. The primary issue addressed is the distinction between direct and indirect investment and the legal requirements for foreign entities operating within the Republic of Indonesia. Using a normative judicial approach with descriptive analysis, the study gathers data from primary legal sources, including the 1945 Constitution, Law No. 25 of 2007, and Law No. 40 of 2007. The findings indicate that FDI must generally take the form of a Limited Liability Company (PT) under Indonesian law. Successful investment realization depends on legal certainty, bureaucratic efficiency, and a conducive business climate. The research concludes that while direct investment requires a physical presence and risk-bearing by the investor, indirect investment focuses on short-term capital gains through the capital market. The implication is that Indonesia must maintain stability, predictability, and fairness in its investment regulations to remain competitive in the global economy and the ASEAN Economic Community
Auditor Reputation, Audit Tenure, and Earnings Surprise Benchmark on Audit Quality: Evidence from Basic Materials Sector Companies in Indonesia
Full text linkThis study aims to analyze the influence of Auditor Reputation, Audit Tenure, and Earnings Surprise Benchmark on Audit Quality in Indonesian Basic Material companies during the 2021–2024 period, while considering Auditor Specialization as a situational context. The data were obtained from audited annual financial statements and annual reports of companies listed on the Indonesia Stock Exchange. The sample consists of 73 companies, yielding 292 firm-year observations, selected using purposive sampling based on established criteria. Data were analyzed using panel logistic regression with the assistance of E-Views 12. The results indicate that Auditor Reputation and Audit Tenure significantly enhance Audit Quality, while Earnings Surprise Benchmark reflects auditors’ heightened scrutiny under abnormal earnings conditions. Furthermore, the split-sample analysis reveals that these relationships are stronger when auditors possess high industry specialization, highlighting its role as a situational factor. These findings underscore the importance of auditor competence and industry-specific expertise in ensuring high-quality audits. This study provides practical insights for audit firms and regulators in designing strategies to improve audit quality in high-risk and volatile sectors
Efektifitas Intelijen Kepolisian Dalam Mengantisipasi Gangguan Keamanan Di Masyarakat
No full textThe Indonesian National Police (Polri), as a law enforcement apparatus, is obliged to ensure public order, the enforcement of law, and the maintenance of peace and security in society. Security intelligence (Intelijen Keamanan/Intelkam), as an integral part of Polri’s organic functions that conducts intelligence activities and operations, is required to carry out early detection and is tasked with identifying all forms of threats, disturbances, or obstacles to public security and order (Kamtibmas). This research aims to determine the effectiveness of police intelligence in anticipating security disturbances in the community. With the problem formulation of how effective police intelligence is in anticipating security disturbances in society, the study employs a normative juridical research type, using secondary data (as the main data) and primary data (as supporting data). The data are presented qualitatively.Polri has the main duties of law enforcement, maintaining public security and order (kamtibmas), and providing protection, security, guidance, and services to the community. In carrying out these duties, interrelated and integrated police functions are required, one of which is Security Intelligence (Intelkam) as the “eyes and ears” of Polri, which is obliged to conduct early detection of developments in societal issues and social life in order to identify threats and disturbances/obstacles to kamtibmas. The factors contributing to disturbances in public security and order include an economy that has not yet stabilized, public indifference toward social conditions, a lack of professionalism in law enforcement, and the loss of exemplary conduct among authorities and policymakers
Unmaking the Modern Man: Masculinity, Materialism, and Resistance in Fight Club
Full text linkDirected by David Fincher, Fight Club (1999) presents a complex and provocative critique of consumer culture, masculinity, and resistance within a postmodern capitalist society. This study examines how the film constructs and destabilizes male identity by employing an integrated framework of Critical Discourse Analysis (CDA) and Multimodal Discourse Analysis (MDA). Using Fairclough’s three-dimensional model and Kress and van Leeuwen’s multimodal theory, the analysis focuses on how ideological meanings are produced through the interaction of linguistic discourse and cinematic techniques. The findings reveal that consumerism reduces identity to a market-driven commodity, while masculinity is represented as fragmented, unstable, and continuously negotiated through discourse and visual symbolism. Acts of resistance, particularly those embodied by Fight Club and Project Mayhem, are shown to function as contradictory forms of liberation that ultimately reproduce new structures of control. By analyzing dialogue, narration, visual imagery, sound design, and mise-en-scène, this study demonstrates that masculinity in Fight Club operates not merely as a narrative theme but as a discursive formation shaped by power relations across multiple semiotic modes. This research contributes methodologically to film discourse studies by highlighting the analytical value of integrating CDA and MDA in examining ideology, identity, and resistance in contemporary media texts.
Keywords: Fight Club, Masculinity, Materialism, Resistance, Critical Discourse Analysis, Multimodal Discourse Analysi
Politik Hukum Dalam Pembentukan Peraturan Perundang-Undangan Tentang Desa
Full text linkThe state has explicitly acknowledged the existence of villages and indigenous groups through the Law from past till the present. The most recent revision to the village regulations, Law Number 3 of 2024 concerning the Second revision to Law Number 6 of 2014 concerning Villages, has drawn a lot of attention from many facets of society. The People's Representative Council of the Republic of Indonesia (DPR RI) wants the second amendment draft to Law Number 6 of 2014 concerning Villages to be approved prior to the general election (Pemilu) in 2024, even though the most recent village regulations are not part of the priority National Legislation Program (Prolegnas) for 2023. It is fascinating to examine the legal politics and urgency involved in the creation of Law Number 3 of 2024, which amends Law Number 6 of 2014 about villages in the second place. Normative legal research employing secondary data sources and qualitative descriptive analytical methodologies is the research methodology employed in this work. The study's findings suggest that political factors and the need for quick changes to the legislation do not substantially alter the content of earlier rules
Implementasi Undang-Undang Cipta Kerja Dalam Perjanjian Kerja Waktu Tertentu Di Masyarakat (Perspektif Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja)
Full text linkFixed-term employment agreements (PKWT) are a policy that is inseparable from the Job Creation Law. This study discusses the implementation of fixed-term employment agreements in society. The article evaluates the impact of the Job Creation Law on PKWT by analyzing changes in legal provisions that affect the characteristics, rights, and protections of workers. The method used in this study employs a descriptive approach; qualitative descriptive research can be understood as a series of activities related to analyzing events, phenomena, or conditions socially. This type of research is qualitative research. This study discusses obstacles such as mismatched worker qualifications, lack of understanding of employment contracts, lack of knowledge about labor laws, and insufficient understanding of government regulations related to fixed-term employment agreements (PKWT). Therefore, efforts are needed to improve understanding and compliance in the implementation of PKWT to create a fairer working environment
Aspek Hukum Pidana Pada Tindakan Pencabulan Dibawah Umur Berdasarkan Undang-Undang No 35 Tahun 2014
Full text linkProtection of children is an action to ensure, protect children and their rights in order to grow and develop optimally suit the dignity of humanity, approriate protection from violence and discrimination. Obscenity against a child is a criminal offense that attacks the honor of the child's decency. of the Child Protection Law states that anyone who has sex with a woman outside of marriage, even though it is known or properly should be assumed that she is not yet fifteen, or if her age is unclear, that it is not time to be married, threatened with criminal jail for a maximum of nine years. The purpose of writing this research is to explain the causes of sexual abuse of minors. This research method is carried out by using library research method
Legal Liability of AI Developers for Individual Interactions with Chatbots Resulting in Death: A Comparative Study
Full text linkThe development and use of Artificial Intelligence (AI) in platforms such as chatbots has raised ethical and legal concerns. This study aims to examine the legal responsibilities of AI developers, focusing on the case of Garcia Vs. Character Technologies, in which a teenager’s death was allegedly influenced by interaction with an AI chatbot. This study compares Indonesian and European Union legal frameworks on AI developer liability for harms arising from chatbot interactions. This study is a legal study that uses a normative juridical approach by conducting a review of legislation and comparing laws with other countries to answer the research questions. The results show that the regulation of AI ethics in Indonesia is still developing and relies on the Electronic Information and Transactions Law and the Personal Data Protection Law, which do not specifically regulate AI, while the European Union already has more comprehensive regulations. The responsibilities of AI developers, such as those in chatbot platforms, include ensuring system security from physical or psychological impacts, protecting personal data, and ensuring fair and transparent algorithms. Universally, both in Indonesia and the European Union, developers are required to comply with the principles of safety, fairness, and human rights by conducting testing to avoid bias and negative impacts on users