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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Legal and Cultural Analytics (JLCA) Jurnal Ilmu Hukum
Samuel Situmorang
Universitas HKBP Nommensen Medan
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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LEGAL ANALYSIS OF LEGAL PROTECTION FOR VICTIMS OF THE CRIMINAL ACTS OF EMBAGARY OF TWO-WHEEL VEHICLES (STUDY OF DECISION NUMBER 858/PID.B/2025/PN.LBP) Belovit Eva Lubis; Hisar Siregar; Samuel Situmorang
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 3 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20986549

Abstract

This study examines legal protection for victims of motorcycle imbezzlement and a critical analysis of the judge's considerations in Decision Number 858/Pid.B/2025/PN.LBP using a normative juridical method with statutory, case, and conceptual approaches. Defendant Muklis Pranoto was proven to have embezzled the victim's motorcycle by pawning it for Rp. 500,000 from a value of Rp. 7,000,000 for online gambling, and was sentenced to 2 years in prison under Article 372 of the old Criminal Code (Article 486 of the National Criminal Code). The judge's selection of Article 372 was dogmatically correct, as criminal intent arose only after legal possession of the vehicle, rendering Article 378 inapplicable. However, serious gaps in victim protection were identified: the prosecutor did not seek restitution, the seeking mechanism (Articles 98–101 of the Criminal Procedure Code) was not pursued, and the judge did not order residual restitution of Rp. 6,500,000. Restorative justice evaluation reveals the verdict only partially fulfills restorative elements, lacking formal dialogue, full restitution, and LPSK involvement. Systemic reform in the implementation of Law No. 31 of 2014 and Supreme Court Regulation No. 1 of 2022 is urgently needed.
Tanggung Jawab Direksi Terhadap Keputusan Investasi dan Pengelolaan Keuangan Berbasis Artificial Intelligence dalam Perseroan Terbatas di Indonesia Fransisko Pasaribu; Roida Nababan; Samuel Situmorang
Jurnal Ilmu Hukum Vol. 15 No. 1 (2026): Jurnal Ilmu Hukum
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/ep66yg90

Abstract

The use of Artificial Intelligence in investment decision-making and corporate financial management constitutes part of the digital transformation in corporate governance, which requires legal certainty regarding the liability of the Board of Directors. While the use of AI has the potential to enhance efficiency and accuracy in business analysis, it simultaneously gives rise to legal risks where decisions generated by AI result in losses to the company.This study aims to analyze directors’ legal liability for corporate financial losses arising from the use of Artificial Intelligence in investment decisions and to examine the application of the Business Judgment Rule and fiduciary duty as forms of legal protection. This research employs normative legal methods using statutory and conceptual approaches, relying on primary, secondary, and tertiary legal materials. The findings indicate that AI does not constitute a legal subject; therefore, liability remains with directors as final decision-makers. The use of AI expands the directors’ duty of care by requiring technological risk awareness and system oversight. Legal protection under the Business Judgment Rule applies when decisions are made rationally, based on adequate information, and free from conflicts of interest. Excessive reliance on AI without critical evaluation may be considered negligence. Accordingly, AI utilization in corporations necessitates stronger fiduciary duty standards and good corporate governance.
The Application of the Rebus Sic Stantibus Principle in Oil Sales and Purchase Agreements by PT Pertamina (Persero) Amidst Geopolitical Instability in the Middle East Budi Constantin Sihombing; Roida Nababan; Samuel Situmorang
Journal of Legal and Cultural Analytics Vol. 5 No. 3 (2026): August 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i3.17095

Abstract

Geopolitical instability in the Middle East—triggered by armed conflict, economic sanctions, disruptions to energy distribution routes, and global oil price fluctuations—has brought about significant changes in the execution of international crude oil sales contracts. These conditions potentially affect the ability of the parties involved, including PT Pertamina (Persero), to fulfill their agreed-upon contractual obligations. This study aims to analyze whether geopolitical instability in the Middle East can be classified as a "fundamental change of circumstances" that meets the criteria for invoking the rebus sic stantibus principle, and to examine the legal implications and dispute resolution mechanisms should this principle be applied to oil sales agreements involving PT Pertamina (Persero). The study employs a normative legal research method utilizing statutory, conceptual, and case-based approaches. Legal materials—comprising primary, secondary, and tertiary sources—were analyzed qualitatively using a descriptive-analytical method. The findings indicate that, under certain conditions, geopolitical instability in the Middle East can be categorized as a fundamental change of circumstances if it meets the elements recognized under the rebus sic stantibus doctrine: namely, a change that was unforeseeable at the time the contract was concluded, occurred beyond the parties' control, significantly altered the contract's economic balance, and rendered performance excessively burdensome without making it impossible to execute.
Co-Authors Belovit Eva Lubis Budi Constantin Sihombing Fransisko Pasaribu Hisar Siregar Roida Nababan