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MOHAMMAD ALVI PRATAMA
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INDONESIA
JURNAL LITIGASI (e-Journal)
Published by Universitas Pasundan
ISSN : 08537100     EISSN : 24422274     DOI : http://dx.doi.org/10.23969/litigasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 138 Documents
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DIGITALISASI PENDIDIKAN HUKUM Anthon F. Susanto; Hesti Septianita; Rosa Tedjabuana; Mohammad Alvi Pratama
JURNAL LITIGASI (e-Journal) Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.6216

Abstract

The world has changed into a reality engineered through logic digital known as artificial intelligence. When the intelligence develops in rapid fashion into conscience like human, the potential game, website and other network and digital facility will drastically be increasing. Methods used is a participative-mixed method model of research with four approaches which are philosophical, conceptual, socio-legal and textual-critique approaches with literature study data collecting technique. In this era of artificial intelligence, legal education should be reborn with new face, education with commitment to respond digital development without ignoring the value of wisdom. Legal education will lead to the development of practical skill and is based on values of wisdom. Legal education should establish cultural-based curriculum as legal education is an education of behavior. Legal education should be adapted with global values but paying attention to local aspects or on the other hand maintaining rational education and constructing sense of logic and retaining good practical skill and the concern to marginalized community. That is what future legal education should be. Keywords: Digitalization, Artificial Intelligence, Legal Education.
KEARIFAN SPIRITUAL DALAM PENDIDIKAN HUKUM LINGKUNGAN Mella Ismelina Farma Rahayu; Anthon F. Susanto; Liya Sukma Muliya
JURNAL LITIGASI (e-Journal) Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.6321

Abstract

This paper will describe and examine local wisdom values that are implemented in environmental law education in Indonesia. Environmental law education is now more oriented towards liberal environmental law education so that it ignores the values of local wisdom. Based on this, the problem that arises is how about local wisdom can be the basis for environmental law education by internalizing local wisdom in environmental law teaching materials. The study in this paper uses m The research approach method is normative juridical. Secondary data were gathered through literature searches and analyzed using qualitative legal analysis to reach conclusions using a deductive syllogism.From the results of the study, it was concluded that klocal wisdom is full of spiritual meaning and ethical values. This local wisdom rests on the philosophy of values, ethics, and ways of behaving and behaving that are traditionally institutionalized. This is an important basis for environmental law education, which is a guide for humans when dealing with their environment. Keyword : Wisdom, Values, Education, Environmental Law.
PENGAWASAN PELAKSANAAN KESEPAKATAN MEDIASI PENAL DALAM PENERAPAN RESTORATIVE JUSTICE PADA TAHAPAN PENYIDIKAN Dwiki Oktobrian; Rani Hendriana; Dwi Hapsari Retnaningrum; Muhammad Lukman Nurhuda
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.6208

Abstract

Restorative justice in the investigation is carried out by using the penal mediation method which provides an opportunity for the Victim and the Perpetrator in a participatory way to formulate a peace agreement facilitated by the Investigator. Penal mediation comes from civil mediation with problems in the process of drafting an agreement which must be ensured that it comes purely from the Parties. This research is a socio legal research conducted at the Directorate of General Criminal Investigation of the Regional Police of Central Java and the Indonesian Advocates Association of the Semarang Branch of the Leadership Council with the methods of interviewing, observing, and reviewing case files. This research examines two problems: how the process of preparing a penal mediation agreement fits into the application of restorative justice at the investigation stage, and how to supervise the implementation of a penal mediation agreement at the investigation stage. The results of the study show that the penal mediation agreement was prepared by the Parties themselves, facilitated by the Investigator, but did not involve the community so that the orientation of returning to social harmonization was not felt. Keywords: Restorative Justice, Penal Mediation, and Investigation.
KETIMPANGAN DISTRIBUSI TANAH DAN PENGARUHNYA TERHADAP KETAHANAN PANGAN Iwan Sukamto; Yuwono Prianto
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.6213

Abstract

The majority of land distribution in Indonesia is controlled by companies. Only 2.7 million hectares  of the land are allocated for the community, while companies control the 94.8 percent of the land. The unequal distribution of land raises problems in the food security sector. This study examines the consistency of legal rules related to land distribution in the context of food security. For this reason, normative legal research is used based on secondary data collected which is analysed qualitatively using deductive logic. The policies on land distribution in supporting food security faced many obstacles and constraints because it is unable to accommodate strategic factors in the land sector, resulting in conflict of laws and regulations that have an impact on the slow distribution of agricultural land. Keywords: Agrarian Reform, Food Security, Inequality, Land Distribution.
POLITIK HUKUM KEWARGANEGARAAN INDONESIA: STUDI TERHADAP STATUS WARGANEGARA YANG MENJADI FOREIGN TERORIST FIGHTERS (FTF) ISIS Iwa Kustiwa; Susi Dwi Harijanti; Widati Wulandari
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.6951

Abstract

Government policy reflects the extent to which Indonesian citizenship law accommodates the issue of Foreign Terrorist Fighter (FTF)s, as well as future projections of what can be done against FTF based on related laws and regulations, especially those related to citizenship laws. The method used in this study is normative juridical, with data collection through literature study. The results showed that the citizenship status of Foreign Terrorist Fighters from Indonesia based on a human rights perspective, the state can only revoke a person's citizenship based on a court decision. A person's citizenship status is a fundamental right, and a precious right, therefore, the rights of every citizen must be recognized, respected, protected, facilitated, and fulfilled by the state. In solving the problem of citizenship status of former FTF from Indonesia, it is necessary to improve performance and cooperation in the deradicalization process by all elements of the Government and Law Enforcement Officers commanded by the National Counterterrorism Agency and the development of sterile area infrastructure with a high security system to carry out the deradicalization process while carrying out the FTF citizenship status determination trial process. Keywords: Law, Citizenship, Foreign Terrorist Fighters.
URGENSI PENGESAHAN UNDANG-UNDANG PERAMPASAN ASET TINDAK PIDANA DALAM MENCEGAH DAN MEMBERANTAS TINDAK PIDANA PENCUCIAN UANG Rika Kurniasari Abdulgani
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7129

Abstract

A form of crime that often occurs in Indonesia is money laundering. Indonesia is declared as one of the Non-Cooperative Countries and Territories (NCTTs) countries with the threat of sanctions for termination of international banks with Indonesian banks, other countries will reject Letters of Credit (L/C) issued by Indonesian banks and Indonesian financial institutions will be charged high fees in every financial transaction with foreign institutions. Indonesia itself only criminalized money laundering in 2002 with the enactment of Law Number 15 of 2002. The Criminal Asset Forfeiture Bill is carried out by the in rem forfeiture method by asserting that a legal action is taken against the asset, not against the individual (in rem personam) with emphasis on assets allegedly derived or used in criminal acts. Allowing criminal actors to continue to control the proceeds and instruments (assets) of criminal acts will provide opportunities for criminal actors or other parties to enjoy the proceeds of crime and reuse the proceeds of crime for other crimes, so that the Criminal Asset Forfeiture Bill is indispensable in preventing and eradicating Money Laundering. Keywords: Money Laundering, Aset Forfeiture, Follow The Money, Criminal Act.
MECHANISMS OF ALTERNATIVE DISPUTE RESOLUTION IN CONFLICT AND DISPUTE RESOLUTION IN INDONESIA Rusli Subrata
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7198

Abstract

According to Aristotle, man is a “zoon politicon" meaning that humans essentially always want to interact in society. However, this view is different from Thomas Hobbes who mentioned that human nature, namely "homo momini lupus", meaning that humans are wolves to other humans. Man's desire to meet his needs often causes problems. The process of solving legal problems in Indonesia can be classified into two categories: litigation or non-litigation (alternative dispute resolution Undang-Undang No. 30 Tahun 1999 on Arbitrase dan Alternatif Penyelesaian Sengketa provides a new perspective on problem resolution, but the law only addresses a problem in the form of a dispute, whereas problem can also become conflict. In addition, people often hold the view that dispute resolution through alternative dispute resolution is only a matter of civil matters. This research uses the Doctrinal Legal Research Method. This research will discuss and draw conclusions about what is the difference between dispute and conflict and its relation to alternative dispute resolution? As well as how to resolve disputes and legal conflicts in Indonesia in the perspective of alternative dispute resolution?. Keywords: Alternative Dispute Resolution, Dispute, Conflict
EKSTENTIFIKASI KEWENANGAN MAJELIS KEHORMATAN MAHKAMAH KONSTITUSI DALAM MEMPERKUAT GAGASAN CONSTITUTIONAL ETHICS Fradhana Putra Disantara; Febri Falisa Putri; Sylvia Mufarrochah; Elsa Assari
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7232

Abstract

This research has an urgency to construct the extension of MKMK's authority to be required to provide information in its capacity as an examiner of code of ethics violations committed by MK judges to law enforcement officials if MK judges become suspects or defendants of a crime. This research is a normative legal research with a concept and statutory approach. The urgency of idea  constitutional ethics in maintaining the code of ethics of MK judges  which can actually be optimized with  formation of MKMK based on MK Regulation No. 1 of 2023. The extension of MKMK's authority as the implementation of  idea of constitutional ethics in optimizing efforts to safeguard the code of ethics of MK judges can actually be carried out by revising Article 3 of MK Regulation No. 1 of 2023 to extend or expand the authority of MKMK in providing information if MK judges are caught in a crime, in particular giving considerations from an ethical perspective is actually aimed at strengthening  relationship between ethical norms and legal norms. Also that the phenomenon in the Constitutional Court Decision No. 103/PUU-XX/2022 will not be repeated in the future. Keywords: Constitutional Ethics, Authority, Honorary Council of the Constitutional Court.
CIVIL SOCIETY’S INCLUSIVITY IN PROVIDING ACCSESS TO JUSTICE THROUGH THE WITNESS AND VICTIMS’ COMMUNITY-BASED PROGRAM Leni Widi Mulyani; Desiree David
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7374

Abstract

Witnesses and Victims are important elements in the criminal justice system,  unfortunately their existent has not been supported and protected properly. They’re often experience pressure, threats, and potential threats. Indonesia Agency for witness and to fulfil the rights of witnesses and victims in criminal justice and to strengthen legal basis and ability to fulfil their rights. The Problems arise in this writing, 1.How does the community work together with agency in providing protection and access to justice for witnesses and victims? 2.What are the challenges?. The purpose of this study is to discuss the inclusion of civil society in assisting witnesses and victims through the community-based  program in Indonesia. It is already established in Seven areas, each of it is connected to agency for the coordination. The research method used normative legal research and social approach as well as conceptual approach method, data were taken through a structured interview  with participants and the agency. The result is this program indeed assist the agency to reach more people who facing difficulties to get their legal rights, as  for the community itself, they feel protected and appreciated because the state indeed concern about their situation. Keywords: Witnesses and Victims, LPSK, Community Based.
THE DEVELOPMENT OF THE P&I CLUB AS A PROTECTION FOR INDONESIAN CARRIER Mohd. Kamarulnizam Abdullah; Irma Rachmawati
JURNAL LITIGASI (e-Journal) Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7382

Abstract

Sea transportation experiences risks and material loss in its operation. The most significant risks include damage to the vessel and sea pollution due to ship collisions and accidents. The carrier should prioritize the risks. When the underwriter does not cover the risk, the shipowner should establish an association covering the loss among the members to the extent the underwriter does not cover it. This study will examine the importance of the Rule to P&I Clubs and its impact on Indonesian carriers and will also find the differences between P&I Club and Insurance. The research adopts Library Resarch Method, dogmatic legal approach, a descriptive and analytical nature.  Due to the method, the following sources have been used: Convention law, domestic legislation, case law, legal textbooks, journal articles, P&I Club Rules, preparatory works, and websites of international organizations and law firms. P&I CLUB covers many accidents which are not covered by any marine insurance. In pollution accidents, P&I covers every detail of the impact of pollution. The difference between P&I Club with marine loss insurance, in general, is that P&I Club covers the loss/damage more extensively, which is not covered by any marine insurance. Keywords: Protection, Indemnity, Carrier.

Page 13 of 14 | Total Record : 138

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