Jurnal Litigasi Amsir

Dilema Psikologis dan Hukum: Studi Kasus Pencurian dengan Pemberatan oleh Anak di Bawah Umur

Thu, 01 May 2025 00:00:00 +0700

This study analyses the application of the law by judges in sentencing minors who commit the crime of theft with aggravation (case study of Verdict No. 2/Pid.Sus-Anak/2023/PN Pre). The research highlights how judges balance judicial considerations, including examining witnesses, defendants' statements, evidence, and prosecutors' indictments based on Pasal 363 KUHP, with non-juridical considerations such as the child's psychological condition, environmental factors, as well as aggravating and mitigating aspects. The results of the study show that judges not only focus on fulfilling criminal elements, but also pay attention to the protection and development of children as perpetrators. In this case, the judge decided on a criminal sanction of imprisonment for 3 months, taking into account justice, deterrent effects, and rehabilitation efforts for the child. These findings affirm the importance of a holistic approach in handling child criminal cases, so that substantive justice and the protection of children's rights are maintained

Membangun Kesadaran Anti-Korupsi Melalui Media: Kajian Pemberitaan Kompas TV dalam Perspektif Pendidikan Kewarganegaraan

Fri, 02 May 2025 00:00:00 +0700

This research aims to analyze the strategic role of Kompas TV in shaping public awareness of the dangers of corruption through factual, educational, and balanced reporting from the perspective of civic education. Using normative research methods, this study examines the suitability of the content and presentation of Kompas TV news with journalistic ethics standards, civic values, and anti-corruption principles as stipulated in laws and regulations. The results of the analysis show that Kompas TV consistently instils the values of honesty, transparency, and social responsibility through the coverage of corruption cases in various strategic sectors, while encouraging active public participation in social supervision and strengthening clean governance. These findings confirm that mass media reporting, especially Kompas TV, contributes significantly to building an anti-corruption culture and strengthening the character of citizens with integrity in Indonesia.

Prinsip Akuntabilitas dalam Etika Profesi Menteri Pada Polemik Viral Tagar #KaburAjaDulu

Fri, 02 May 2025 17:47:07 +0700

Officials have an important role in government, so in taking action and responding to an event or case that occurs, the accountability of state officials must be oriented toward the interests of citizens. With the rise of the #KaburAjaDulu trend, state officials are held accountable for every policy and statement issued. Based on the controversial statement issued by the deputy minister of labour, which is explained in Pasal 58 huruf j Undang-Undang Nomor 20 Tahun 2023 concerning the State Civil Apparatus, it states that ministers and ministerial-level positions are state officials. So if a public official issues a statement that tends to ignore or underestimate public unrest, this can be categorised as an ethical violation because it does not follow the principles of responsible leadership and is oriented toward the public interest. With this, it can be seen how the principle of accountability is regulated in the professional ethics of a minister according to legal norms and the Code of Ethics for State Officials and how the application of the principle of accountability by a minister in dealing with the viral polemics of the #KaburAjaDulu hashtag. So that it can find out the performance of state officials and provide ethics and professionalism training to realize a better, more efficient, and accountable government

Peran Perlindungan Hukum dalam Menjamin Keselamatan Saksi dan Korban Tindak Pidana Pembunuhan

Sat, 03 May 2025 16:07:14 +0700

This research aims to determine the legal protection arrangements for witnesses and victims in criminal acts of murder and to determine the forms of legal protection for witnesses and victims in criminal acts of murder. This research uses a normative legal research method with a statutory approach. The types and sources of legal materials used are primary legal materials and secondary legal materials. Data analysis will be reviewed and analyzed qualitatively. The legal protection arrangements for witnesses and victims in criminal acts of murder consist of; 1) Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban; 2) Kitab Undang-Undang Hukum Pidana (KUHP); 3) Kitab Undang-Undang Hukum Acara Pidana; 4) Undang-Undang Nomor 31 Tahun 2014 tentang Perubahan atas Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban. Forms of legal protection for witnesses and victims in criminal acts of murder are; determine criminal threats for perpetrators of criminal acts, by providing compensation and rehabilitation, physical and psychological protection from threats, harassment, terror and violence from any party, providing a sense of security under the provisions of article 5, medical assistance and psychosocial and psychological rehabilitation assistance, Compensation and restitution, Witness and Victim Protection Agency (LPSK) Peraturan Nomor 2 Tahun 2020 tentang Permohonan Perlindungan Saksi dan Korban Tindak Pidana that is, it is specified in Pasal 3.

Free Shipping: When E-Commerce Regulations Exceed the Limits of Authority

Muh. Akbar Fhad Syahril — Sat, 17 May 2025 22:53:45 +0700

This study analyzes the implications of the overlapping authority between the Ministry of Communication and Digital (Komdigi) and the Ministry of Trade (Kemendag) in regulating free shipping programs in the e-commerce sector in Indonesia. Through a normative juridical approach and an analysis of legal theories of attribution, delegation, and ultra vires, this study finds that regulatory dualism between the two ministries has created legal uncertainty, market distortions, and obstacles to the growth of the digital economy. Empirical data shows increased complaints from business actors and consumers due to uncoordinated policies. This study recommends regulatory harmonization and the establishment of a transparent and integrated national digital legal framework to support legal certainty and consumer protection in the digital economy era.

Konflik dan Harmonisasi Regulasi Hak Atas Tanah Laut: Studi Kasus Penataan Wilayah Pesisir dan Pulau-Pulau Kecil

Sat, 17 May 2025 00:00:00 +0700

This study discusses conflicts and harmonization of regulations on marine land rights in the context of the arrangement of coastal areas and small islands in Indonesia. The main problems identified are the overlap of authority between agencies and the unclear boundaries of jurisdiction, which have an impact on legal uncertainty, losses to coastal communities, and threats to environmental sustainability. The research uses normative methods with a legislative approach and literature analysis to identify the root of the problem and formulate a harmonization strategy. The results of the study show that policy integration, the formation of cross-ministerial teams, and the preparation of integrated norms, standards, procedures, and criteria (NSPK) are strategic steps to overcome regulatory conflicts and realize fair and sustainable coastal governance.

Pengaruh Media Sosial Terhadap Peningkatan Kejahatan Siber dan Tantangan Penegakan Hukum Pidana

Iswandy Rani Saputra, Rachman Rizal A. Sapada, A. Dzulqarnain, Suprapto Suprapto — Sun, 18 May 2025 00:00:00 +0700

This study discusses the influence of social media on the increase in cybercrime in Indonesia and the challenges of criminal law enforcement in dealing with it. Using normative legal research methods, this study analyses applicable regulations, technical barriers, and social dynamics that affect the effectiveness of law enforcement against cybercrime, especially those that originate from activities on social media. The study results show that the high penetration of social media, low digital literacy, and the development of increasingly complex crime modes have encouraged an increase in cybercrime cases. On the other hand, law enforcement still faces regulatory limitations, a lack of competent human resources, cross-border jurisdictional challenges, and weak coordination between agencies. This research recommends adaptive regulatory reforms, capacity building of law enforcement officials, strengthening national and international cooperation, and public digital literacy education to create a safer and more equitable digital ecosystem.

Studi Kritis Terhadap Dasar Pertimbangan Hakim dalam Menjatuhkan Putusan Tindak Pidana Perjudian

Tue, 20 May 2025 00:00:00 +0700

This study aims to analyze the judge's considerations and the application of the law in the decision of the gambling crime case at the Parepare District Court No. 20/Pid.B/2023/Pn Pre. Using normative and empirical legal research methods, this study found that the judge considered the testimony of witnesses, defendants, indictments and prosecutors' demands, as well as evidence, so that the elements of Article 303 of the Criminal Code were declared fulfilled. The defendants were legally and convincingly proven to have committed the crime of gambling. The judge also granted leniency due to mitigating circumstances, namely two elderly defendants.

Optimalisasi Pelaksanaan Rehabiitasi Medis Bagi Narapidana Narkotika di Lapas Kelas II A Gorontalo

Abdul Razak Suleman, Marwan Marwan, Sumiyati B — Thu, 29 May 2025 14:50:47 +0700

Medical rehabilitation is one of the key programs for inmates convicted of narcotics offenses at Class II A Gorontalo Prison, in line with the Decree of the Director General of Corrections Number: PAS-36.OT.02.02 of 2020. This study examines the factors inhibiting optimal medical and social rehabilitation for drug inmates and outlines the stages of the prison’s medical rehabilitation program. Using normative and empirical legal methods, the study finds that obstacles include limited medical facilities, inadequate infrastructure, the presence of inmates with serious illnesses, and lack of family support. The Therapeutic Community (TC) rehabilitation program consists of four stages: Detox, Induction, Primary, and Re-entry. Despite these challenges, the TC program continues to run effectively, fostering discipline and reducing inmates’ dependence on drugs.

Islamisme dan Kriminologi Kritis: Ketegangan antara Moralitas Ilahiah dan Kritik Struktural dalam Kebijakan Kriminal

Zul Khaidir Kadir — Sat, 31 May 2025 00:00:00 +0700

Islamism frames criminal law as an expression of divine morality and a tool of social control. Unfortunately, critical criminology challenges law as a product of structural domination, but faces an epistemological dilemma when applied to an Islamic state that bases criminal law on transcendent authority. This study uses a qualitative research method with a conceptual approach. The data collection method was collected using library research, then analyzed using qualitative methods and presented descriptively. The results of the study show that the adoption of Islamism as a legal ideology shifts the function of criminal law from a forum of justice to a medium of control over individual expression and beliefs, a configuration that is theoretically rejected by critical criminology that emphasizes the desacralization of power and resistance to structural repression. Dialogue between critical criminology and Islamism becomes possible if both are willing to abandon their hegemonic ambitions, by making maqāṣid al-sharīʿah an ethical framework for re-evaluating criminal law humanistically, and opening the law to criticism that sides with justice and human dignity.