ISTINBATH: Jurnal Hukum

KETERLIBATAN SAKSI SEBAGAI ALAT BUKTI YANG BERPERAN DALAM PERISTIWA TINDAK PIDANA

Maysaroh — 2024-01-01

The Criminal Procedure Code states that the purpose of criminal procedural law is to find the truth. This study aims to review the involvement of witnesses as evidence that witnesses criminal events in the criminal justice process. In the justice system, witness involvement is key to finding answers and a means to demonstrate the truth in law enforcement. Witness testimony is one of the hopes for individuals or communities to reveal an event and make it easier for the panel of judges to consider a verdict. To testify before the court, the witness must take an oath to enter into a covenant.

TINJAUAN YURIDIS TERHADAP IZIN MENDIRIKAN BANGUNAN DI DAERAH DEKAT OBJEK VITAL NASIONAL DITINJAU DARI HUKUM PENATAAN RUANG

Arbi Nurcahyanto — 2024-01-01

Pertamina's oil storage site is a National Vital Object because of its dangerous location and is required to be sterile from residential areas. Poor coordination between spatial planning managers and local governments has resulted in the accumulation of residential areas near the depot. Based on this background, the author examines the licensing requirements for constructing buildings and the responsibilities of officials in issuing permits to construct buildings that do not comply with spatial planning. This type of research is Normative Legal Research. Building Approval, hereinafter abbreviated as PBG, is a permit given to building owners to build new, change, expand, reduce and/or maintain buildings in accordance with building technical standards. Registration is carried out by the Applicant or Owner via SIMBG. The Applicant or Owner submits information regarding the Applicant's data or the Building Owner's data; and technical plan documents. As for the technical plan document itself, it consists of several documents, namely the Architectural Plan Document, Utility Plan Document, Structure Plan Document and. Building Engineering Specifications Document. Discretion is free authority, discretion is attached to position. As something that is attached to the position, the use of discretion is basically in the context of carrying out the authority of the position and public service. In other words, when a government official uses discretion, he is acting for and on behalf of his position. Government officials who use discretion, as long as the action is carried out within the formal sphere of authority or carried out in the context of carrying out the authority of the position, all consequences that arise will be the responsibility of the office.

UPAYA PENINGKATAN HAK PILIH PENYANDANG DISABILITAS DALAM PELAKSANAAN PEMILU SERENTAK TAHUN 2024

Rahmanandita Sulastri — 2024-01-08

Persons with disabilities as Indonesian citizens have the same rights as other Indonesian citizens. The voting rights in elections for people with disabilities in Indonesia are still very low. So it is an important thing to protect the political rights of all citizens, including the voting rights owned by groups of people with disabilities. This research purposed to analyze the work procedure of KPU to fulfilled the political rights of disabilities people related to their rights for vote in elections. The research method used is normative research that uses a statutory approach and a conceptual approach. The results and analysis show that the guarantee of voting rights for people with disabilities has been regulated by national regulations along with efforts made by the government to increase voting rights for people with disabilities in the 2024 elections.

ANALISIS HUKUM ATAS PERSEROAN TERBATAS PENANAMAN MODAL ASING YANG MENDIRIKAN BADAN USAHA

Louis Hananta Kusuma — 2024-01-08

Economic development or business development today shows a direction that is increasingly integrated with the national and international economy which can support and create jobs. Meanwhile, the development of the national economy continues to move rapidly with increasingly complex challenges, so various policy adjustments are needed in the business entity sector. In this thesis, this thesis discusses the legal standing of foreign investment in the form of a Limited Liability Company. Of course, in business interests, you should pay attention to the 1945 Constitution, Article 33 Paragraph (4), which states: The national economy is organized based on economic democracy with the principles of togetherness, efficiency, justice, sustainability, environmental awareness, independence, and by maintaining a balance of progress and national economic unity. . This means that the economic system is aimed at and controlled by the people, in its implementation it is followed by the principles of togetherness, efficiency, justice, sustainability, environmental insight, independence and maintaining the balance of progress and unity of the national economy. This study uses normative juridical research, namely research through legal materials or literature studies. The conclusion in this research is that according to Article 19 of the Criminal Code, a limited partnership is an alliance founded by one or more people who are jointly and severally responsible for the entire first party (complementary partners) and one or more people as money holders (limited partners) on the other side. other. Based on the definition of the legal subject above, a Limited Liability Company with the status of a Foreign Capital Company is included in the Rechtpersoon, so that according to the author, it can establish a Limited Partnership by becoming a limited partner or a silent partner/passive ally.

LITIGASI KENEGARAAN TERHADAP KEPUTUSAN PEMBERHENTIAN PEGAWAI NEGERI SIPIL YANG BERTENTANGAN DENGAN ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK

Mochamad Novel — 2026-06-29

Dismissal of Civil Servants constitutes a governmental administrative action that must be carried out based on the principles of legality, legal certainty, prudence, and protection of civil servant rights. Administrative practices indicate that dismissal decisions are often issued without proper procedures, without adequate disciplinary examination, and in disregard of the General Principles of Good Governance. Such conditions generate state administrative disputes that affect the protection of civil servant rights and the legitimacy of governmental actions. This study aims to analyze procedural defects in the dismissal of Civil Servants, the validity of defective state administrative decisions, and the legal reasoning of the State Administrative Court in reviewing such decisions. This research employs normative legal research using statutory, conceptual, and case approaches. The findings reveal that dismissal decisions may be declared invalid when they violate procedural provisions and the General Principles of Good Governance. Judicial review conducted by the State Administrative Court serves to uphold legal certainty, prevent abuse of authority, and ensure protection of civil servant rights within an accountable governmental administrative system.

VICTIMS OF LEGAL CRIMINALIZATION CAUSED BY THE ARBITRARINESS OF THOSE IN POWER

Anita Dewi Anggraeni Kolopaking — 2026-06-29

Criminalization is essentially a legislative policy through which a certain act is designated as a criminal offense. In practice, however, criminalization often occurs as a deviation in the application of criminal law by law enforcement officials. This article aims to analyze criminalization as a form of abuse of authority from the perspectives of criminal law and administrative law, and to evaluate it in the context of reform through Law Number 1 of 2023 concerning the Criminal Code. This research is normative legal research using statutory and conceptual approaches, analyzed qualitatively. The findings show that the practice of criminalization is often rooted in the expansive interpretation of elements of criminal offenses, the disproportionate use of discretion, and the transfer of non-criminal disputes into the criminal law sphere. From an administrative law perspective, such actions may be qualified as abuse of authority if they deviate from the purpose for which the authority was granted and violate the General Principles of Good Governance. Although the National Criminal Code emphasizes the principles of proportionality and a humanistic approach, the effectiveness of preventing criminalization ultimately depends on the integrity of law enforcement officials and the strengthening of accountability mechanisms in the exercise of state authority.