Fiat Iustitia : Jurnal Hukum

EFEKTIVITAS PEMBEBASAN BERSYARAT TERHADAP NARAPIDANA NARKOTIKA DI LAPAS: ANTARA KEADILAN DAN PEMBINAAN

2025-09-20T06:49:23+02:00

Parole is one of the instruments in the correctional system which aims to provide prisoners with the opportunity to re-adapt to community life. In the context of narcotics crimes, the application of parole often raises debates, especially regarding its effectiveness in achieving justice and guidance. This research aims to analyze the effectiveness of parole for narcotics convicts in correctional institutions, by reviewing juridical, sociological aspects and policy implementation in the field. The research method used is normative-empirical research by examining statutory regulations, legal doctrine, as well as the results of interviews and observations in prisons. The research results show that parole has positive potential in the process of resocialization of narcotics prisoners, but still faces obstacles in the form of high recidivism rates, limited coaching programs, and negative public perceptions. Therefore, the effectiveness of parole will be achieved if it is accompanied by strict supervision, a sustainable rehabilitation program, and support from the community in the social reintegration process. This research recommends strengthening regulations and collaboration between institutions so that correctional goals can run in line with the principles of substantive justice.

PERSELISIHAN HUBUNGAN INDUSTRIAL AKIBAT PEMUTUSAN HUBUNGAN KERJA DI PT TORGANDA MEDAN (Studi Kasus Putusan Perkara Nomor 263/Pdt.Sus-PHI/2021/PN. Medan)

2025-09-20T06:59:38+02:00

The purpose of this study is to find out the consideration of the Panel of Judges at the Industrial Relations Court (PHI), at the Medan District Court which stated that the actions of PT. Torganda is an act that violates Article 156 paragraph (4) letter b of Law Number 13 of 2003 concerning Manpower and to find out the legal consequences against PT. Torganda who terminated the employment relationship.

The legal research method used is a normative legal research method that uses secondary data as the main data source. Secondary data collection is carried out by document study, namely research conducted by looking for data in the form of case verdict Number 263/Pdt.Sus-PHI/2021/PN/Mdn. The data obtained is processed and analyzed qualitatively, juridically, normatively. Conclusions are drawn by an inductive method, meaning that the author draws conclusions from specific to general.

The results of this study explain that the Termination of Employment (PHK), carried out by PT. Torganda as Defendant I, and PT. Togos Gopas as Defendant II, against Nancy Ardhina Tambun as Plaintiff. The layoffs carried out by the Defendants are an act that violates Law Number 13 of 2003 concerning Manpower, as stated in the consideration of the Panel of Judges. Then the legal consequences for the parties in the decision of case Number 263/Pdt.Sus-PHI/2021/PN/Mdn regarding industrial relations disputes regarding termination of employment. The Defendants were sanctioned with severance and severance to pay the Plaintiff's normative rights in cash and at once.

PENOLAKAN KLAIM ASURANSI JIWA KARENA TIDAK DIUNGKAPKANNYA RISIKO KESEHATAN

2025-09-20T07:20:15+02:00

The rejection of life insurance claims due to the insured’s failure to disclose health conditions often leads to legal disputes between insurance companies and beneficiaries. This study aims to analyze the legal basis for claim rejection under Article 251 of the Indonesian Commercial Code (KUHD) and the application of the good faith principle in life insurance contracts. The research employs a qualitative method with a normative juridical and case study approach, examining an actual claim rejection case by Prudential and several court decisions. The findings indicate that concealing material facts about health conditions constitutes a valid legal ground for insurers to reject claims. However, the role of insurance agents, transparency of information, and policyholder education are crucial in ensuring balanced legal protection for both parties. This study recommends strengthening regulations and establishing a more transparent risk verification system to prevent future disputes.

PERTANGGUNGJAWABAN PIDANA PELAKU PROMOSI SITUS JUDI ONLINE (JUDOL) MELALUI MEDIA SOSIAL

2025-09-20T07:26:40+02:00

This research aims to determine the criminal responsibility of perpetrators of spreading online gambling sites via social media in decisions at the Medan District Court

The data used in this research is secondary data. Secondary data collection consists of data obtained from library materials, including books, the internet, statutory regulations and legal dictionaries. This empirical juridical research was carried out descriptively, logically, normatively and systematically using deductive methods.

The results of the research show that the criminal liability of perpetrators of spreading online gambling sites via social media where perpetrators of spreading online gambling sites via social media is prosecuted in Article 27 paragraph (2) of Law no. 19 of 2016 concerning Amendments to Law No.11 of 2008 concerning Information and Electronic Transactions

AKIBAT PERKAWINAN SIRI TERHADAP STATUS HUKUM ANAK (Studi Kasus Penetapan No 33/Pdt.P/2021/PN.Bla)

2025-09-20T07:38:08+02:00

The purpose of this study is to find out how the consequences of siril marriage on the legal status of children and to find out the basis for the judge's consideration to grant the application in the determination of Number 33/Pdt.P/2021/PN Bla.

The research method used is a normative legal research method that uses secondary data as the main data source. Secondary data collection was carried out by studying documents on Establishment Number 33/Pdt.P/2021/PN Bla. The data obtained were processed and analyzed in a normative descriptive manner. Drawing conclusions is taken by a deductive method, meaning drawing conclusions from general to special.

The results of the study are that according to Article 2 paragraph 1 of Law Number 1 of 1974, a marriage is considered valid if it is carried out in accordance with religious law, even though it is not officially recorded by the state (serial marriage). According to Article 6 Paragraph (1) of the KHI, every marriage must be held in front of and under the supervision of the Marriage Registrar. Paragraph (2) Marriages carried out outside the supervision of the Marriage Registrar do not have legal force. Even though it is fulfilled with conditions and harmony in marriage, if there is no registration in front of the Office of Religious Affairs (KUA), this marriage is said to be a serial marriage. As a result, children born out of wedlock are considered children out of wedlock and only have a civil relationship with their mother, not with their father. However, with the Constitutional Court decision No. 46/PUU-VIII/2010, children born out of wedlock have a civil relationship with their mother and their mother's family as well as with a man as their father which can be proven based on science and technology or other evidence according to the law and receive recognition through legal channels, and also includes a civil relationship with the father's family.

STRATEGI PENYELESAIAN TINDAK PIDANA PENCURIAN MELALUI RESTORATIVE JUSTICE

2025-09-20T07:58:53+02:00

Theft is one of the most common crimes and causes both material and immaterial losses for victims and the community. Theft cases have generally been resolved through criminal justice mechanisms focused on punishing the perpetrator. However, this model often fails to provide a comprehensive sense of justice and fails to address the root causes of the problem. Restorative justice offers an alternative approach that emphasizes restoration by directly involving the perpetrator, victim, and community. Applying restorative justice to theft cases can restore social relationships, provide satisfaction to victims, and encourage perpetrator accountability without compromising legal certainty. Therefore, restorative justice can be a more humane and solution-oriented option in handling theft cases.

MEMBANGUN BISNIS FILANTROPI YANG BERETIKA: STRATEGI PERLINDUNGAN KONSUMEN DAN PENCEGAHAN PENYELEWENGAN DANA DALAM PERSPEKTIF HUKUM PERDATA DAN HUKUM TATA NEGARA

2025-09-20T08:29:39+02:00

Philanthropy which is a voluntary action aimed at enhancing social welfare, faces significant challenges related to the misuse of funds that can undermine public trust. Regulatory weaknesses, particularly Law No. 9 of 1961, demonstrate inadequacies in accommodating the developments of modern philanthropy, such as digital fundraising. Consumer protection in the context of Civil Law must encompass clear regulations regarding the rights and responsibilities between donors, managers, and beneficiaries, while Constitutional Law emphasizes the need for a robust constitutional framework to oversee philanthropic activities. Collaboration between the state, regulatory bodies, and civil society is crucial for creating a transparent and accountable system. The utilization of Indonesia's demographic and cultural potential, with the value of mutual assistance as a foundation, can support income redistribution and sustainable community empowerment, thereby ensuring that philanthropy effectively contributes to enhancing social welfare.

ASPEK HUKUM PERDATA DALAM PERJANJIAN PENGGUNAAN UANG ELEKTRONIK (E-MONEY) DAN HAK KEWAJIBAN PARA PIHAK

2025-09-20T08:47:31+02:00

The development of financial technology in Indonesia has given rise to electronic money (e-money) as an alternative payment system that has changed the way people make transactions. However, the rapid growth of e-money has raised legal issues regarding the construction of agreements and the distribution of rights and obligations of the parties, which have not been adequately regulated. This study aims to analyze the civil law aspects of e-money usage agreements and examine the rights and obligations of issuers, users, and merchants in electronic payment systems. The research method uses a normative legal approach with a legislative and conceptual approach, relying on primary legal materials in the form of laws and regulations, as well as secondary legal materials in the form of literature and scientific journals that are analyzed qualitatively. The results of the study show that e-money has unique legal characteristics as a payment instrument with prepaid and stored value properties that create special legal relationships between the parties. The construction of e-money agreements shows a complex trilateral relationship that contains elements of deposit, lending, and power of attorney. The distribution of rights and obligations among the parties still shows an imbalance that is detrimental to users, while consumer protection and dispute resolution mechanisms do not yet provide adequate access to justice. The study concludes that the Indonesian legal system needs to be adjusted by developing more detailed regulations regarding the rights and obligations of the parties, strengthening consumer protection, and creating fair dispute resolution mechanisms to create a healthy and sustainable e-money ecosystem.

ANALISIS HUKUM TERHADAP PELAKSANAAN PERLINDUNGAN DATA PRIBADI PASIEN DALAM SISTEM REKAM MEDIS ELEKTRONIK

2025-09-20T09:13:57+02:00

The digital transformation of the healthcare sector presents significant challenges to the protection of patients personal data, particularly in the implementation of Electronic Medical Records (EMR) systems. This study seeks to analyze the legal safeguards afforded to patients personal data within EMR systems at two hospitals in Semarang City, namely RSD KRMT Wongsonegoro and RSI Sultan Agung. Employing a juridical-empirical approach, the research examines national legal frameworks such as Law No. 27 of 2022 on Personal Data Protection and Law No. 17 of 2023 on Health and relates them to internal hospital policies and practices. The findings indicate that both hospitals manage their EMR systems independently, implement data backup mechanisms, restrict access to data through user-specific accounts, and provide regular staff training. While these measures generally comply with applicable legal provisions, challenges persist, including the risk of data breaches caused by physical disasters and infrastructure limitations. Consequently, there is a pressing need to strengthen information security systems and continuously enhance human resource capacity. Overall, this study underscores the importance of synergy among regulation, technology, and professional ethics in ensuring the effective protection of patients personal data.