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p-Index From 2021 - 2026
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All Journal Ilmu Hukum Prima International Journal of Social Service and Research
Binsar Jon Vic S
Universitas Borobudur
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconstruction of the Functional Relationship Between Criminal Procedure Law and Material Criminal Law from the Perspective of the National Criminal Code and the Latest Criminal Procedure Code Eva Berta Pattinasarany; Binsar Jon Vic S
International Journal of Social Service and Research Vol. 6 No. 7 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i7.1423

Abstract

The reform of Indonesia’s criminal law system through the enactment of Law Number 1 of 2023 concerning the Criminal Code and Law Number 20 of 2025 concerning the Criminal Procedure Code represents a significant transformation in the development of the national criminal justice system. However, changes to substantive criminal law have not been fully synchronized with procedural mechanisms, creating potential challenges in determining criminal liability, administering evidence, and applying restorative justice principles. This research aimed to analyze the functional relationship between substantive criminal law and criminal procedure law and to formulate a reconstruction framework that supports an integrated criminal justice system. This study employed a normative legal research method using statutory, conceptual, and legal-system approaches. The legal sources consisted of primary legal materials, including relevant legislation, and secondary legal materials derived from scholarly publications, legal literature, and expert opinions. The legal materials were analyzed qualitatively using grammatical, systematic, and teleological methods of interpretation. The results indicate that, although the new Criminal Code introduces progressive concepts, such as expanded corporate criminal liability, recognition of living law, and restorative justice-oriented sentencing objectives, the Criminal Procedure Code does not yet provide adequate procedural mechanisms to fully support these developments. The findings emphasize the need for harmonization through the adoption of implementing regulations, the strengthening of evidentiary procedures, the enhancement of judicial oversight, and the integration of restorative justice mechanisms. This research concludes that reconstructing the functional relationship between substantive criminal law and criminal procedure law is essential to establishing a consistent, proportionate, and human rights-based criminal justice system in Indonesia
Legal Settlement Of Breach Of Bank Loan Agreement With Fair Guarantees Binsar Jon Vic S; Dewi Iryani
Ilmu Hukum Prima (IHP) Vol. 8 No. 2 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i2.7636

Abstract

Debt is an integral part of the business world, particularly as a solution for entrepreneurs experiencing capital shortages. Financial institutions, particularly banks, act as facilitators providing credit with or without collateral. A crucial aspect of credit provision is the existence of collateral to protect the bank, as the creditor, from the risk of default by the debtor. This study aims to analyze the legal resolution of default in bank loan agreements secured by certificates in a fair manner, using the case study of Decision Number 141/Pdt.GS/2021/PN Byw. This study uses a normative juridical method with a descriptive-analytical approach, based on primary, secondary, and tertiary legal materials. The results of the study indicate that legally, banks have the right to execute collateral if the debtor is in default, according to Article 6 and Article 20 of the Mortgage Law. However, in practice, the execution process is often faced with resistance from debtors who lack good faith, including the filing of new lawsuits to hinder the execution. In the context of justice, the judge in the decision of the case did not immediately grant all of the bank's demands, but instead considered the principle of substantive justice by rejecting some of the fine demands that were deemed disproportionate. This approach aligns with the views of legal philosophers such as Aristotle, John Rawls, and the progressive legal thought of Satjipto Rahardjo, who emphasized that justice is not merely formal equality but also treatment appropriate to the social and moral context. Therefore, the court's decision in this case demonstrates the implementation of guarantee law in accordance with statutory regulations and reflects the value of justice in resolving banking disputes.
Co-Authors Dewi Iryani Eva Berta Pattinasarany