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Ridwan Arifin
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The Digest: Journal of Jurisprudence and Legisprudence
Published by Universitas Negeri Semarang
ISSN : 27462110     EISSN : 27460371     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Digest: Journal of Jurisprudence and Legisprudence (The Digest) is a double blind peer reviewed journal published by Faculty of Law, Universitas Negeri Semarang (UNNES), Indonesia. The Journal published bi-annual every June and Desember The Digest is intended to be a scientific and research journal for academics, legal scholars, and legal practitioners with focuses on analysis of Court Decision and legal studies. The Journal publishes contemporary articles on law and case analysis, and the Journal published within Bahasa and English both print and online version. The Digest is also intended to be Indonesia’s forum for discussion and analysis of court decision. Each issue on The digest includes insightful analysis and discussion on court decision.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 4 No 1 (2023): The Digest, June 2023" : 5 Documents clear
Provisions of Legal Aid as a Form of Protection for Child Victims of Rape Zainurohmah Zainurohmah; Andhika Febriansyah; Marcelia Puspa Andini; Muhammad Eko Saputro; Vina Durrotul Mukhoyyaroh; Bintang Nur Rohman
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.67669

Abstract

Indonesia as a state of law guarantees the human rights of its citizens, one of which is the right to equal treatment before the law. Legal aid is one of the state's efforts to fulfill this right for the poor. This research aims to examine the provision of legal aid in Indonesia, which departs from the case study of child rape that occurred in Banyumas. This research uses normative juridical method with statutory approach and conceptual approach. The results of this study show that the state has accommodated the need for legal aid as regulated in Law Number 16 of 2011 concerning Legal Aid. However, those who need legal aid are not only poor people but also children who are victims of rape. The provision of legal aid to child victims of rape is a form of state responsibility in providing legal protection to children so that the rights that children should get as stated in the Child Protection Law can actually be realized, not limited to being stated in the law.
Problems in the Application of Law in the Indra Kenz Fraudulent Investment Case Feiruz Rachmita Alamsyah; Calvin Cameron; Piero Ridwan; Muhammad Tio Yustisia; Moh. Rahmat Rizki Romadhon; Natasya Thufailah Yusuf
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.67847

Abstract

Fraudulent investment, also known as fake investment, is one of the most serious problems in Indonesia. One of the most famous cases of fraudulent investment is the case of Indra Kenz, a young entrepreneur who ran a fraudulent investment business that defrauded thousands of people. This article aims to analyze Indra Kenz's fraudulent investment case from a legal perspective using the normative juridical research method. Data is obtained from literature study and analysis of documents related to Indra Kenz's case. The results of the analysis show that Indra Kenz's fraudulent investment practices violated a number of laws and regulations in Indonesia, such as Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering. In addition, the practice also violated fundamental legal principles, such as the principles of justice and trust. Indra Kenz's case is a valuable lesson for the public and the government to be more vigilant against fraudulent investment practices. The government needs to improve supervision and provide strict sanctions for fraudulent investment actors to prevent similar cases from occurring in the future.
Good Governance Implementation by PERMA 1/2019 in Letter Evidence Submission Regulation For E-Litigation Cases Michael Gerry; Rina Elsa Rizkiana
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.68121

Abstract

The judiciary complies with the community's requests that it implement the fundamentals of sound government. The 2010–2035 Judicial Reform Blueprint, which stresses using information technology to restructure and supports this. E-Litigation is a byproduct of Indonesia's judicial reforms. SK KMA RI Number 129/KMA/SK/VIII/2019 and PERMA 1 of 2019 provide as the legal foundation for e-litigation. The principles outlined of good governance in legal philosophy must be followed by e-Litigation implementation. This is in line with good governance principles, which address rules to the legitimacy of evidence presented in civil cases during e-Litigation. But, the legislative document has not yet specifically specified the technological guidelines for doing so in PERMA 1/2019. It will be a challenge to the good governance implementation. This research intends to examine the good governance concept, the legal foundation for e-Litigation, the application of responsive, effective, and efficient principles to control the admissibility of documentary evidence in e- Litigation in civil cases. By taking a statutory method, this study adopts a normative approach to law. The study's finding is admissibility of evidence in civil e-Litigation cases obstruct the fulfillment of responsive, effective, and efficient e-Litigation implementation principles. As a result, admissibility of evidence legal framework civil e-Litigation has to be modified to comply with good governance principles.
The Principle of Justice as a Judges' Considerations in the Concept of Third-Party Responsibility Against Cooperative Legal Action Hariyanto Hariyanto; Herlambang Fadlan Sejati; Puneet Iyer
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.75027

Abstract

This research criticizes and analyzes the judges considerations in the Supreme Court Decision Number 250 K / Pdt / 2019 considering third parties’ responsibility related to Audi Et Alteram Partem principle which is part of the principle of justice as fairness. This is normative legal research. Data analysis obtained from library research was carried out in a qualitative way. The data obtained were grouped systematically and then linked to the formulation of the existing problems based on their accuracy value in order to get a clear picture of the discussion. Results showed that the Panel of Judges in Supreme Court Decision Number 250K/Pdt/ 2019 Jo. Decision Number 204/Pdt/2018/PT SMG Jo. Decision Number 20/Pdt.G/2017/ PN Kds has implemented the principle of Audi Et Alteram Partem which is a manifestation of the principle of justice as fairness. The panel of judges has decided fairly by ignoring the concept of cooperatives and the board of directors' responsibilities. Relevant stakeholders must immediately issue the latest law on cooperatives.
The Urgency of the International Criminal Court’s (ICC) Jurisdiction in Handling Serious Violations of Human Rights Case of the Uyghur Layla Putri Aulya; Ridwan Arifin; Robert Brian Smith
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.75052

Abstract

Human Rights are things that should be owned by every person on this earth. As a country, China should provide protection for the rights of its people. However, the Chinese government is different because they actually committed gross human rights violations against the Uyghur ethnic group. The Uyghur ethnic group living in China always receives harsh treatment that is physically and mentally violent. Not only that, this ethnic group is forbidden to worship and carry out their daily life freely. On this matter, many hope that there will be a way out that can be given by the International Criminal Court for the crimes committed by the Chinese government. The ICC essentially also has the authority to give a trial in this case. What is happening to the Uyghur ethnic group is very sad and needs more and more special attention. Not to mention that the handling of this case requires a high level of focus.

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