DiH: Jurnal Ilmu Hukum
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Ensuring Fairness in Land Acquisition for Public Road Construction: A Case Study of Badung Regency
Full text linkLand acquisition problems in public interest development raise various psychosocial problems in the community so psychosocial aspects must be taken into account along with the role of independent assessment experts and procurement management needed so that the community can receive compensation from the release of their land. The purpose of the author's analysis is related to the land implementation acquisition in Badung Regency and how to resolve land acquisition rejection disputes in Badung Regency. The author uses an empirical legal research method that has a function in showing the real law that exists in people's lives. The results of the study are on land acquisition for public interest for road construction in Badung Regency using the Land Acquisition Procedures and Procedures in accordance with Law Number 2 of 2012, where Badung Regency, especially the Public Works and Spatial Planning Agency of Badung Regency, Highways Sector as an Agency that requires land on a Small Scale, submits a Work Plan that is in accordance with the Badung Regency Medium-Term Development Plan and the existence of land acquisition and rejecting the compensation value has the right to reject land acquisition by filing an objection to the legal institution, namely the State Administrative Court and the District Court in the rejection, in resolving the rejection dispute, Badung Regency in resolving the dispute by means of Litigation and Non-Litigation
The Legal Imperative of Bawaslu's Oversight in Enforcing Verdict Compliance
Full text linkElection is a democratic means to elect leaders and representatives of the people, where Bawaslu has a strategic role as an election supervisory institution. Bawaslu is tasked with ensuring that each stage of the election is in accordance with laws and regulations, with the legal basis listed in Law No. 7 of 2017. As a quasi-judicial institution, Bawaslu has the authority to issue decisions that are final and binding. However, in practice, the implementation of follow-up to Bawaslu decisions often faces challenges, such as disobedience or suboptimal implementation by the KPU and related parties. This study aims to examine the urgency of legal certainty in supervising the implementation of Bawaslu decisions and to determine the ideal model of supervision to fulfill the principle of legal certainty. The method used is normative juridical with a legislative approach, with primary and secondary data sources. The results of the study show that there is a legal vacuum that hinders the optimal implementation of the decision. Therefore, this study emphasizes the urgency of an integrated supervision model with strict evaluation and sanction mechanisms, which can increase compliance with Bawaslu decisions and ensure the implementation of elections in accordance with legal provisions
Rape Cases Legal Aspects of Higher Education Involvement in Mineral and Coal Mining Agglomerations in Indonesia
No full textMineral and coal mining agglomerations (minerba) in Indonesia have become an economic strategy to improve the efficiency and competitiveness of the extractive industry. In its development, Law Number 3 of 2020 concerning Mineral and Coal Mining authorizes state universities to manage Special Mining Business Areas (WUPK). The involvement of universities in mining agglomerations has various legal and economic implications, including licensing, governance, and environmental and social impacts. This article analyzes the legal framework governing the role of universities in mining management and examines the effectiveness of regulations in supporting sustainable economic growth. Through a normative approach and policy analysis, this study finds that although regulations have opened opportunities for universities to participate in the mining industry, challenges remain in terms of regulatory harmonization, oversight mechanisms, and the balance between academic interests and the commercialization of natural resources. The Fourth Amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining aims to restore and revitalize the spirit of Article 33 of the 1945 Constitution by involving universities, which are expected to contribute to innovation, increasing the added value of minerals and coal, and the sustainability of the national economy. Furthermore, this also serves as an important momentum to improve mining governance to be more environmentally conscious and equitable. Granting mining management permits to universities can be an effort to overcome the funding limitations faced by universities, especially in the development of research and innovatio
The Role Of Visum Et Repertum As Evidence In Rape Cases
No full textVisum and repertum is one of tool very important evidence in the process of enforcement law criminal, especially in case rape in general own difficulty proof consequence lack of witness eyes and often occurs in the space private. In context this, visa functioning as proof scientific that can confirm existence act violence sexual through findings medical objective, such as wound physical, damage to the reproductive organs, or footsteps biological perpetrators. Research This aiming for analyze in a way deep role strategic visa and report in proof law to case rape in Indonesia, as well as identify obstacles that affect its effectiveness. Method research used is approach legal normative and juridical empirical. Approach legal normative done with analyze provision law positive laws in force, such as the Criminal Code (KUHP) and the Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP), while approach legal empirical done through studies field, including interview with apparatus enforcer law like police and prosecutors, as well as power medical forensics involved direct in the process of making visa. Research results show that visa and report own position strategic in proof elements act criminal rape, especially in prove element violence or threat violence as well as the occurrence connection sexual without victim's consent. Although thus, the effectiveness visa often hampered by various factors, including delays reporting by victims due to trauma or shame, lack of victim's understanding of urgency inspection medical quick after events, and limitations power experts and means infrastructure forensics in the regions isolated
A Critical Analysis of Criminal Accomplice Provision in Employment Law Violations
No full textThe increasing use of artificial intelligence (AI), deepfake technology, and advanced medical procedures has transformed the landscape of biometric data, particularly facial features. This study examines the extent to which Indonesia’s Law No. 27 of 2022 on Personal Data Protection (PDP Law) ensures legal certainty for altered biometric facial data, including digitally or medically modified images. Employing a normative juridical research method with statutory and conceptual approaches, the paper interprets legal provisions, evaluates their adequacy, and compares them with international frameworks such as the EU’s General Data Protection Regulation (GDPR) and Singapore’s Personal Data Protection Act (PDPA). Findings reveal that the PDP Law classifies altered facial data as “specific personal data,” mandating explicit consent, robust security measures, and recognition of data subjects’ rights. The law’s extraterritorial scope further extends protection to Indonesian citizens’ data processed abroad. However, enforcement challenges persist, particularly in cross-border contexts and automated profiling. The novelty of this research lies in its focused analysis of altered biometric data as a unique legal category, coupled with comparative insights to address regulatory gaps. The study recommends strengthening implementing regulations, adopting AI-specific safeguards, and enhancing cross-border enforcement cooperation to ensure sustainable protection of biometric privacy in the digital er
The Concept of Judge’s Forgiveness (Rechterlijk Pardon) in The National Criminal Law Code
No full textThe absence of provisions regulating Judicial Pardon (Rechterlijk Pardon) in the current Indonesian Penal Code and Criminal Procedure Code has created a legal vacuum. Judges are normatively bound to issue one of three verdicts: conviction, acquittal, or dismissal. This limitation excludes the possibility for judges to apply discretionary forgiveness in cases involving minor offenses or mitigating circumstances. Although Article 54 paragraph (2) of Law No. 1 of 2023 concerning the Penal Code introduces the concept of Rechterlijk Pardon, it fails to provide clear parameters regarding what constitutes “minor severity of the act,” as well as the personal background of the offender or contextual factors surrounding the offense. This vagueness raises concerns over legal uncertainty and inconsistency in judicial interpretation. The purpose of this study is to examine the normative foundation and interpretive scope of the Judicial Pardon doctrine under Article 54 paragraph (2) and to formulate a legal construction that harmonizes substantive and procedural criminal law. This research is normative in nature, using a combination of statutory, conceptual, philosophical, case, and comparative approaches. The findings demonstrate that Judicial Pardon must be explicitly regulated through clear interpretive guidelines to ensure its implementation does not conflict with the principles of justice and legal certainty. Moreover, the integration of Judicial Pardon into the Draft Criminal Procedure Code is necessary to provide formal procedural legitimacy for judges to refrain from sentencing in specific circumstances, thus ensuring the penal system accommodates fairness, humanity, and proportionality in the enforcement of criminal justice
Legal Reform of Airsoft Gun Regulation in Indonesia: Comparative Lessons from Portugal
No full textThe massive distribution of Airsoftguns in the community and the increasing number of cases of abuse due to free distribution make it necessary to have massive supervision in the distribution of airsoftguns and ambiguity in law enforcement regarding the misuse of airsoft guns, especially if there are no additional provisions detailing the regulation of non-standard weapons, so research This aims to analyze authority and preventive efforts in law enforcement with the research method used is normative juridical using secondary legal data. The results of the research show that there is a need for revisions related to regulations on the use of airsoft guns and the authority to track the distribution of airsoft guns by the police as well as socialization under the police regarding the use of airsoft guns in Indonesia
The Authority of Regency/City Governments in Control of Alcoholic Beverage Sales
Full text linkThe purpose of this research is to analyze the authority of the Regency/City Government in controlling the sale of alcoholic beverages. This research is a normative legal research using a statutory approach and a conceptual approach. Primary legal materials were collected by inventorying and categorizing laws and regulations, while secondary legal materials were collected through literature studies. Legal materials were analyzed using normative analysis. The results of the study found that the Regency/City Government is given attribution authority to control the sale of alcoholic beverages in the form of (1) Authority to provide SIUP-MB class B and C for retailers and direct sellers of drinks on the spot and (2) Authority to determine certain places that are permitted or restricted or prohibited from selling and distributing alcoholic beverages in accordance with regional characteristics in accordance with the provisions of Article 12 paragraph (3) of Law No. 23 of 2024 and its Attachments, Article 7 of Presidential Regulation No. 74 of 2013, and Article 28 of Minister of Trade Regulation No. 20 of 2014. To implement this authority, the Regency/City Government needs to form Regional Regulations and Regional Head Regulations to provide legal certainty for the implementation of alcoholic beverage sales businesses and legal protection for the community in the regio
Resolution of Land Rights in Forest Areas Reviewed from Agrarian Law
No full textIndonesia, as a state governed by the rule of law, mandates that all legal issues be regulated through statutory provisions to ensure clarity and compliance by its citizens. The registration of land within Forest Areas presents distinct legal and administrative complexities compared to general land registration processes. A recurrent conflict arises from the fact that communities residing in Forest Areas often lack formal land certificates, which serve as the highest legal proof of land ownership.
This research aims to identify viable legal solutions enabling communities residing within Forest Areas to obtain land certificates in accordance with prevailing statutory provisions. Employing a normative juridical method, this study integrates statutory and conceptual approaches, supported by an analysis of relevant legislation, scholarly literature, and scientific journals.
The findings reveal that communities within Forest Areas may secure land certificates through a collective application submitted via the mayor or regent, following the procedural requirements stipulated in Presidential Regulation No. 88 of 2017 concerning the Settlement of Land Tenure in Forest Areas. Upon issuance of a ministerial decree by the Minister of Environment and Forestry adjusting the boundaries of the Forest Area in compliance with applicable laws, the National Land Agency is authorized to issue the corresponding land certificates. This study offers a legal framework that bridges statutory requirements and practical implementation, potentially contributing to the resolution of long-standing land tenure disputes in Forest Areas
An Examination of Domestic Violence Leading to Death: A Case Study from Palembang 2023
No full textThis study analyzes the Palembang High Court Decision No. 247/PID/2023/PT PLG concerning Domestic Violence (DV) resulting in death. The study aims to evaluate the extent to which the legal application in the verdict aligns with the principles of substantive justice and to assess the legal considerations used by the judges. The methodology employed includes normative juridical and case approaches, with data analyzed from court decisions, legal literature, and other secondary sources. The findings reveal that the judges' legal considerations comply with existing regulations, although challenges remain in integrating gender perspectives and protecting victims' rights. The study recommends enhancing gender understanding within the judicial system and improving psychological rehabilitation for DV victims