Book Reviews by Ridwan Arifin
Papers by Ridwan Arifin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum, 2020
Abuse of power for the sake of business and trade profit has become an increasingly average occur... more Abuse of power for the sake of business and trade profit has become an increasingly average occurrence in the practice of public procurement in this era of moral disruption. It is commonplace that government officials make an illicit arrangement with companies through bribery scheme to win tenders in the procurement of goods and services. This practice resulted in a shift of ideology and abuse of authority by government officials. This practice is contrary to the professional code of ethics, so it is necessary to settle such cases through juridical channels. The intervention of public officials in determining the award of contracts of government projects to certain parties has resulted in a crisis of public trust in law enforcement in Indonesia. This article reviews the basic principles of the criminal act of corruption and the commitment and integrity of government officials in implementing the professional code of ethics, and upholding honesty in order to achieve equitable law enforcement. This paper proves and confirms that the abuse of power by government officials for the sake of business profit in the public procurement has weakened Indonesia's investment sector. In many cases, these activities may even lead to unfair competition in the trade and business sectors.
Jurnal Cita Hukum, 2021
This study is a modest but objective comparative evaluation of internal security threats facing t... more This study is a modest but objective comparative evaluation of internal security threats facing two sub-regional large countries of Africa and South Asia-Nigeria and Pakistan. Considering the fact that ethnicity, sectarianism and economic instability are fundamental variables of internal security threats in both countries, the study argued that religious extremism has created an unenviable image of both nations in the eyes of the rest of the world, undoubtedly, this has affected both nations adversely. The study also identified inter-regional grievances as potential causes of damages to both federations. Also identified is ethno-sectarian problem as a major security threat to both nations. This in the opinion of the authors will remain a huge impediment to the goals of economic prosperity to both nations. Consequently, the focus of this study is to examine interdependence of these multifaceted challenges and their overall impact on internal security in both countries. To achieve thi...
Indonesian Journal of International Law, 2014
Corruption case no longer involves one party or one nation alone, but also involves many parties,... more Corruption case no longer involves one party or one nation alone, but also involves many parties, too few countries. Corruption is no longer the case as an individual activity but a pattern of activity patterns and very organized group. Corruption is not just a question of a nation, but also the whole issue of the nations of the world. In the case of corruption, repression is not only a top priority in the effort bondage and punishment, but also a return on assets of the most important things to do. The effort of corruptor impoverishment through seizure of assets is often hampered in practice, whether it intersect due to international cooperation, and asset tracking models. Asset tracking assessed include broader search than money, because the pattern of money laundering is now not only in money but also other assets that are the result of corruption and or benefits resulting from the corruption.
The right to education is a fundamental human right and must be fulfilled by the state. However, ... more The right to education is a fundamental human right and must be fulfilled by the state. However, the right to education, especially for women with underage marriages (child marriages), has not yet had adequate education. This paper aims to analyze the legal and social aspects of children's educational rights, especially women with conditions of underage marriage (child marriage) in Indonesia. This study examines the formal juridical aspects of the protection and guarantee of education rights for women and social aspects related to the constraints of fulfilling women's education. This research is a normative juridical study in which this study looks at the community's various facts based on the applicable legal rules. This research's social aspects are seen based on various social theories related to this research study; the data and facts obtained in this study are data sourced from previous research, both print and online media. This research confirms that child mar...
The Indonesian Journal of International Clinical Legal Education, 2019
Human rights was recognized as a fundamental issue both internationalcommunity and regional commu... more Human rights was recognized as a fundamental issue both internationalcommunity and regional community like ASEAN. The student capabilityto transfer their knowledge concerning to the human rights wasbecome very important thing for legal development as well as lawenforcement. Through clinical legal education, students were beprepared to be available bring a justice in their real lives. Clinical legaleducation which specifically for human rights issues prepares studentfor lifelong careers in social justice advocacy around the globe. Throughthe Clinic, students join a community advocates working to promotehuman rights and recalibrate the global power imbalances that driveeconomic and political inequity, exploitation, threats to physicalsecurity, poverty, and environmental injustice. Through fact-finding,reporting, litigation, media engagement, advocacy, training, andinnovative method, the Clinic seeks to prevent abuse, advance respectfor human rights, and promote accountability for viol...
Indonesian Journal of Advocacy and Legal Services, 2020
THE INDUSTRIAL revolution 4.0 had a significant influence in various sectors, including the law e... more THE INDUSTRIAL revolution 4.0 had a significant influence in various sectors, including the law enforcement sector. Law enforcement, legal aid, legal services and advocacy in the industrial revolution 4.0 era have their own characteristics of challenges. This edition of the Indonesian Journal of Advocacy and Legal Services raises the theme of Legal Services and Advocacy in the Industrial Revolution 4.0 in the hope of providing a new picture, discourse, and treasury in the provision of services and legal assistance, advocacy and community assistance.
Jurnal Ilmiah Hukum LEGALITY, 2018
The four principles of freedom (four freedoms) include freedom of speech and expression, freedom ... more The four principles of freedom (four freedoms) include freedom of speech and expression, freedom of religion and belief, freedom from want, and freedom from fear, are basic principles recognized by countries and translated into many more specific forms of human rights fulfillment human. The fulfillment and protection of human rights is one indicator of the progress of a country. The scope of fulfilling human rights that covers a very broad field, from education, health, to law enforcement, is a challenge. The UN Security Council 2017 Universal Periodical Review (UPR) session provides recommendations for strengthening human rights in Indonesia, including the ratification of international human rights instruments, the continued cooperation of UN human rights, the abolition of the death penalty, matters related to sexual orientation and efforts to protect tolerance and diversity. The Commission for Missing Persons and Victims of Violence (Kontras) 2017 records 84 cases of violence and ...
Indonesian Journal of Advocacy and Legal Services, 2019
LAW faculty students are currently required to have abilities not only in terms of theoretical an... more LAW faculty students are currently required to have abilities not only in terms of theoretical and scientific capacity, but also practice. Law faculty students in many conditions are also very much needed directly by the community in solving various problems faced by the community ranging from small and minor legal issues, to complex and complicated matters. The needs of the community for legal assistance and legal assistance have become unavoidable, especially in the midst of the development of information and technology flows and industry in the industrial revolution era 4.0. Communication in Legal Advocacy (Studies in Rhetoric/Communication) (Hardback) is written by Richard Rieke and Randall K. Stutman and published by University of South Carolina Press, United States, 2008. This book integrates work in legal theory, communication theory, social science research, and strategic planning to provide a comprehensive analysis of the communication process in trials. Responding to the energizing interest in alternative discipline resolution, calling attention to the ways in which negotiation, mediation, and arbitration interrelate with trials. This study blends traditional
Journal of Private and Commercial Law, 2019
The national and international economic development raises new problems besides the positive side... more The national and international economic development raises new problems besides the positive side of finance. International economic recession that has global impacts including in Indonesia presents its own challenges. One of the challenges faced is a serious impact on the fulfillment of economic and social rights. Various economic austerity measures were taken to maintain the country’s economic stability. One of the most controversial is the reduction of subsidies in the health, social security, trade and education sectors. The unemployment rate also increased as a direct impact of these economic policies. This paper analyzes the rights of human rights in Indonesian political economic policy both on a national and international scale. This paper compares and analyzes various cases of Indonesian economic policy with the basic principles of human rights, especially social, economic and cultural rights. Studies in this paper cover the areas of study of International Economic and Trade...
Varia Justicia, 2019
This study aims to identify the causes and formulate a regulatory model for the eradication of Co... more This study aims to identify the causes and formulate a regulatory model for the eradication of Corruption in regional infrastructure development funds in Indonesia. This research was conducted by examining cases and laws related to Corruption. Some of the causes of corruption in regional development funds are: 1)Historical Factors; 2)Economic Factors; 3)Cultural Factors and 4)Institutional Factors. Although all four factors have been identified, there are still many countries that have not succeeded in eradicating corruption. An extraordinary crime requires extraordinary effort. The Government of Indonesia needs to formulate legislative policies with those manifested in specific deviant provisions. In addition, there are four approaches that are needed, namely legal approach, moralistic-religious approach, socio-cultural approach, and educational approaches. Massive actions must also be taken in various regions to start an anti-corruption measure.
Jurnal Komunikasi Hukum (JKH), 2019
Human rights are rights owned by humans as creatures of God. Human rights have traveled a long wa... more Human rights are rights owned by humans as creatures of God. Human rights have traveled a long way to fight for justice for humans throughout the world. Historically, the efforts taken to solve humanitarian problems have been implemented for a long time in the world, and no one knows for sure since when human rights began to be fought for. Chronology of the conceptualization of human rights enforcement that was recognized legally-formally beginning with the emergence of the Great Agreement (Magna Charta) in England on 15 June 1215, then the Petition of Rights in England in 1628 which was also known as the Great of the Liberties of England. July 6, 1776, Declaration of human rights and state (Declaration des Droits de I'Homme et du Citoyen / Declaration of Rights of Man and of the Citizen) in France in 1789, Universal Declaration of human rights (Universal Declaration of Human Rights / UDHR). Enforcement of human rights is a reflection or manifestation of the second Pancasila precept, namely just and humanitarian humanity. Enforcement of human rights occurs because of legal violations. Enforcement and protection of human rights in Indonesia made progress on 6 November 2000, where the House of Representatives (DPR) passed Law Number 26 of 2000 concerning the Human Rights Court (HAM) promulgated on 23 November 2000. Establishment of the National Commission Ham and the Human Rights Court are also advances in the enforcement and trial of human rights in Indonesia. Pancasila is essentially a system of values that originates from the noble values of Indonesian culture that developed throughout history, and are rooted in Indonesian culture. Enforcement of human rights is the duty of all levels of society, not just the task of state institutions. All levels of society are expected to be able to collaborate and help each other in upholding human rights in order to achieve the realization of the principle of just and civilized Humanity and the creation of a prosperous society.
JURNAL CITA HUKUM, 2019
International human rights declarations urge the development of feminism in the world. Feminism w... more International human rights declarations urge the development of feminism in the world. Feminism whose essence is fighting for women's rights has so far been neglected by the community, so that a new spirit is sought so that women can again feel. This study aims to review unfairness actions that have been scattered in society between men and women. Justice is expressed in daily life in order to eradicate acts of gender discrimination. Indonesia as a legal state that always obeys the law and upholds the principles of justice and certainty is a reflection of an existing feminist movement. The role of women must be considered important by the progress of a nation, however in Indonesia there are still many issues of gender equality that occur, such as the absence of women's own beliefs in matters of occupying good power. The problem of sexual crimes that have been wiping out in all public relations has led to increasingly ineffective emancipation of women in Indonesia. This emancipation is a form or manifestation of the feminist movement that can benefit both men and women. The feminism movement can encourage relations in a harmonious society to maintain a stable condition.
Criminal Law has the characteristics of a double-edged sword, because on one side it protects the... more Criminal Law has the characteristics of a double-edged sword, because on one side it protects the victim but on the other side deprives the rights of the perpetrators. Therefore, the settlement of cases through criminal lines becomes ultimum remidium because Criminal Law is used as a last resort in solving criminal cases. One form that emerges today is the Penal Mediation effort which is used as a form of settlement of criminal cases, especially for insignificant crimes. The paper analyzes and looks deeper into the implementation of penal mediation at the Police level, in the Semarang City Police Department. The research uses an empirical juridical method with a research location in the city of Semarang. The research underlines that in the implementation of media penalties at the police level is carried out through a Progressive Law framework. In its implementation, the police must base on the principle of conflict resolution, process-oriented, and the process is informal. One of th...
Child labor in many cases tends to experience various acts of crime and violence, even in the vio... more Child labor in many cases tends to experience various acts of crime and violence, even in the violation of their human rights, such as human trafficking and exploitation. Child labor has been regulated in various laws and regulations, including the Manpower Act. This paper examines three important key issues, namely: first, the legal protection of child labor in Indonesia based on labor and human rights laws, second, an analysis of the child labor protection rules applicable in Indonesia, and third, the emergence of child labor (child labor) in Indonesia. This research is normative legal research, where the study is literature. However, field data on this study were obtained from various related previous research results, both print and online sources. This research emphasized that the prohibition of working or employing children has been regulated in the Manpower Act which is closely related to efforts to protect children’s rights, which are also guaranteed protection in Law Number...
Jawa Tengah sebagai cermin masyarakat yang tenang dan tentram terusik atas maraknya terorisme yan... more Jawa Tengah sebagai cermin masyarakat yang tenang dan tentram terusik atas maraknya terorisme yang menjadikan wilayah Jawa Tengah sebagai basis perekrutan, dan regenerasi teror. Aksi teror selalu saja diawali dengan penanaman paham/aliran radikalisme. Untuk itulah perlu dilakukan upaya preventif dalam menghadang penyebaran aliran-aliran radikalisme tersebut. Kegiatan ini bertujuan untuk menumbuhkan sikap preventif guna menangkal aliran-aliran radikalisme pada Gerakan Pemuda Anshor Anak Cabang Bonang Kabupaten Demak terhadap aliran-aliran terorisme dan radikalisme menumbuhkan sikap preventif guna menangkal aliran-aliran radikalisme pada Gerakan Pemuda Anshor Anak Cabang Bonang Kabupaten Demakl terhadap aliran-aliran terorisme dan radikalisme, serta memberikan masukan kepada pemerintah terkait bentuk tindakan yang harus diambil dalam rangka memberikan perlindungan hukum bagi Gerakan Pemuda Anshor Anak Cabang Bonang Kabupaten Demak terhadap aliran-aliran terorisme dan radikalisme.
The emerging technological prospects affected many aspects, including consumer protection. The cr... more The emerging technological prospects affected many aspects, including consumer protection. The creation of data and computer-driven innovation would derive several advantages for consumers. Innovative products and services and new ways in which goods and services are developed and delivered. This paper aims to analyse how Indonesian legal policy on protection consumer rights in the digital era. The paper emphasized that it would advise against believing that policy is unreasonably permitted to give way to the technological agenda, whilst accepting that adaptations should be made and also that there should be a critical review of whether existing forms of regulation are needed in the digital economy of Indonesia. Regulations concerning to the protecting consumer rights in the world of e-commerce are still worrying even though many sectoral regulations have been promulgated, as well as weak supervision and lack of strict law enforcement in resolving consumer disputes. Trade regulati...
This research discusses on the analysis of international law on the seizure of assets in South Ea... more This research discusses on the analysis of international law on the seizure of assets in South East Asia countries according to UNCAC and AMLAT. Questions posed are (1) how is the implementation of international law principles on the seizure of assets based on UNCAC and AMLAT? (2), what are the forms of international legal instruments on seizure of assets in South East Asia region? The research shows that (1) the implementation of international law principles in seizure of assets in South East Asia differs from one another due to the existene of national interest principle as legitimation of asset seizure refusal from respective countries. Intisari Penelitian ini membahas mengenai analisis hukum internasional dalam perampasan aset di negara kawasan asia tenggara berdasarkan UNCAC dan AMLAT. Rumusan masalah yang dikemukakan adalah (1), Bagaimana penerapan prinsipprinsip hukum internasional dalam perampasan aset di negara kawasan Asia Tenggara berdasarkan Konvensi Internasional Pem...
The witness became an important element in the trial, especially in matters of criminal law. As t... more The witness became an important element in the trial, especially in matters of criminal law. As the main evidence, of course a witness has a very large contribution in efforts to uphold law and justice. In resolving a criminal case, the position of the witness is an important matter in proving a criminal case. The Criminal Justice System clearly regulates how the witness should provide information about his testimony in the trial. The rights and obligations of witnesses are also regulated, including rights and witness protection. However, it cannot be denied that the information provided by witnesses is not necessarily the truth. Some of them, gave testimony by adding elements of lies or even conveying false statements. Ironically, the testimony or statement submitted was an oath statement, which meant the witness dared to lie even though he had taken an oath. False information under oath is a statement that is partially or completely incorrect, so that in the implementation of arti...
Pada era ini pengaruh globalisasi sangat kuat, terlebih lagi dalam bidang ilmu pengetahuan, tekno... more Pada era ini pengaruh globalisasi sangat kuat, terlebih lagi dalam bidang ilmu pengetahuan, teknologi, informasi, dan komunikasi mengalami perkembangan yang pesat. Dunia sedang bergerak ke arah baru dan menuntut untuk diikuti perkembangannya tidak terkecuali dengan Indonesia. Sebagai negara berkembang Indonesia harus mampu untuk bisa mensejahterakan rakyatnya dan dapat membawa rakyatnya menuju ke arah yang baru.Fenomena perkembangan ilmu pengetahuan, teknologi, informasi dan komunikasi ini sudah menyebar ke berbagai aspek kehidupan, perkembangan ilmu pengetahuan, teknologi, informasi dan komunikasi ini dianggap dapat mengawali perubahan tatanan kehidupan suatu masyarakat dalam berbagai aspek maka dari itu di tuntut adanya kecermatan dari pihak pemerintah maupun masyarakat untuk mengimbanginya. Perkembangan yang pesat ini pun turut merubah pola pikir masyarakat dalam berbagai bidang tidak terkecuali dalam bidang ekonomi. Dalam bidang ekonomi transaksi penjualan dan pembelian menjadi ...
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Book Reviews by Ridwan Arifin
Papers by Ridwan Arifin