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Esther, July
Fakultas Hukum Universitas HKBP Nommensen
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Judicial Analysis of Law Enforcement Against Corruption In The Procurement of Goods and Services For Government Interest Siahaan, Yanti; Esther, July; Debora
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3613

Abstract

This study aims to Corruption in the procurement of goods and services is one of the most common corruption offences, ranking second only to gratuities/bribes. This is based on the World Bank (World Bank), every year more than 10 billion US dollars or around 85 trillion rupiah of the central government budget, both for routine expenditure and development projects, are spent through the procurement of goods and services. The purpose of this study is to find out the effectiveness of legal regulation of corruption offences in the procurement of goods and services for the benefit of the government and to find out to Overcome Obstacles in Law Enforcement of Corruption in the Procurement of Goods and Services for Government Interests so that Corruption Cases Can Decrease. The method used is a qualitative research method with descriptive analysis through legislative, case and conceptual approaches. The result of this research is that the formulation of minimum criminal punishment in Law Number 20 Year 2021 has shortcomings, namely not formulating sentencing guidelines to apply this minimum criminal punishment and efforts to overcome obstacles in law enforcement of corruption in the Procurement of Goods and Services so that the number of cases of Procurement of Goods and Services in the following year can decrease, including The principle of procurement must be carried out in tandem with enforcing integrity and increasing the professionalism of procurement human resources
Crime Of Theft With Violence Against Minors as Perpetrators Siregar, Nyesti; July Esther; Lesson Sihotang
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3622

Abstract

The research diacusses the Crime of Theft of Minors as Perpetrators with an example of decision no.36/Pid.Sus.Anak/2024/PN.Mdn. The case study approach is normative juridical law, studying, analyzing, by observing and understanding cases related to issues and legislative approaches related to legal issues in terms of legal principles, doctrines and jurisprudence. Author Data Creation Primary, Secondary, and Tertiary Data Sources focus on literature research using qualitative analysis by observing data obtained by interconnecting with several literature in the form of scientific works, books, the internet, and legal journals related to problem analysis with conclusions in knowing the Application of Law and the Basis of Judges' Considerations in providing punishment as accountability for actions committed by children,  Children, in addition to having factors that encourage the occurrence of a criminal act, have a different position from adults in the justice system and need guidance and rehabilitation to prevent criminal behavior in the future and the basis for the judge's consideration provides a deterrent effect so that it does not happen again in the future against the Crime of Theft with Violence against Minors as the perpetrator.
Legal Analysis of the Handling of M-Bangking Electronic Evidence in Bribery Cases in the Digital Era Sagala, Sudarsono; Esther, July; Sinaga, Jusnizar
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3625

Abstract

Evidence in cybercrime cases can be easily erased or eliminated, and there are challenges in detecting crimes that occur in the banking sector that utilizes computer technology. This difficulty arises due to the lack of adequate equipment, the lack of courage of some victims to report the incident to the authorities, as well as the relatively weak security system of the owner of the asset or system. In addition, the difficulty in tracking the whereabouts of the perpetrators is also a significant problem. This research aims to examine and analyze how electronic evidence derived from M-banking transactions can be used in the process of proving bribery cases, as well as the challenges faced in law enforcement in Indonesia. The research method used is a normative approach with qualitative analysis, which includes literature studies and analysis of relevant regulations, such as the Electronic Information and Transaction Act (UU ITE) and the Code of Criminal Procedure (KUHAP). In this research, it was found that although the ITE Law gives recognition to electronic documents as valid evidence, there are obstacles in its application in court. The Criminal Code has not expressly regulated the recognition of electronic documents, which causes confusion in legal practice. In addition, technical challenges and lack of understanding among law enforcement officers regarding how to handle electronic evidence are also obstacles in the proof process.
Punishment Of The Perpetrator Of Participation (Deelneming) In The Crime Of Maltreatment Of A Child Aritonang, May Pranita; July Esther; Sihotang, Lesson
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3634

Abstract

Participation (deelneming) is a concept that includes various forms of participation from individuals or groups, both in mental and physical aspects, who are involved in carrying out certain actions that lead to the occurrence of a criminal offense. This study aims to analyze the punishment of perpetrators of participation (deelneming) in the crime of mistreatment of children, with a focus on Decision Number 4/Pid.Sus-Anak/2023/PN Jkt.Sel. The method used is a normative juridical approach, which examines the application of law and the theory of participation in the context of juvenile criminal law. The results showed that AG, as a child involved in the act, had fulfilled the elements of the crime of aggravated maltreatment that was premeditated, although he did not directly commit physical acts. The judge's consideration in handing down the verdict reflected attention to the age of the perpetrator as well as the principle of rehabilitation in the juvenile justice system. The prison sentence of 3 years and 6 months in LPKA reflects efforts to provide a deterrent effect as well as rehabilitation. This research recommends an increased understanding among law enforcers of the theory of inclusion and legal protection for children so that it can be applied fairly and effectively.
The Process Of Resolving Compensation Claims Against Victims Of Defamation Through Social Media Silitonga, Hartati; Esther, July; Nababan, Roida
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3650

Abstract

Defamation through social media has become a significant problem in the digital era. This study aims to analyze the process of resolving compensation claims due to defamation and the form of legal protection based on the Civil Code. The research uses a normative juridical method with a qualitative approach, referring to laws and regulations, court decisions, and legal doctrine. The results show that dispute resolution can be done through litigation and non-litigation channels. Litigation includes formal stages such as filing a lawsuit, mediation, proof, and a judge's decision based on Articles 1365 and 1372 of the Civil Code. Meanwhile, non-litigation channels such as negotiation and mediation emphasize peaceful settlement. Legal protection for victims includes material and immaterial damages, the amount of which is determined based on the perpetrator's guilt, causal relationship, and strong evidence. Although restitution is generally in the form of money, other forms of restitution are also possible. This study emphasizes the importance of a fair and proportional legal approach to safeguard victims' rights and prevent abuse of freedom of expression on social media.
Analysis of Land Dispute Resolution in Court : A Case Study at LDP LAW FIRM & PARTNERS Jeffenri Lumban Batu; July Esther
International Journal of Law and Society Vol. 2 No. 2 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.398

Abstract

The resolution of land disputes through the judicial process is a step taken when non-litigation settlement efforts fail. This process involves a series of legal procedures aimed at enforcing land rights, including proof of ownership and other related rights. This article aims to analyze the procedures, challenges, and effectiveness of land dispute resolution in court. Using a normative-empirical approach, this study finds that although the judicial system provides a clear mechanism, there are several obstacles, such as lengthy legal processes, high costs, and the complexity of proving ownership, which can delay dispute resolution. In this regard, it is important for the parties involved to understand the applicable legal procedures and utilize alternative dispute resolution methods that can expedite land dispute resolution, such as mediation and arbitration. This study also recommends improvements in the judicial system and more efficient approaches to handling land disputes in the future.
Settlement of Corporate Crime with Restorative Justice Approach Manurung, Gydeon Irmawan; Martono Anggusti; July Esther
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13521

Abstract

The resolution of corporate criminal offences with a restorative justice approach is an alternative effort in resolving cases involving corporations, which does not only focus on punishment, but also on restoring relationships between the parties involved, as well as efforts to repair the negative impacts caused by the criminal act. In the corporate context, this means that companies involved in criminal offences are not only subject to legal sanctions, but are also required to take social and moral responsibility for the harm caused, both to individuals, society and the environment. This approach has the potential to improve a company's reputation, minimise long-term social impacts, and encourage more ethical and responsible corporate practices. Restorative justice also provides space for companies to make internal improvements, such as reforming policies and procedures that can prevent the recurrence of similar criminal offences in the future. Thus, the resolution of corporate criminal offences through a restorative justice approach not only provides solutions for victims and perpetrators, but also contributes to the development of a more just and sustainable law.
Legal Protection Efforts for Micro, Small and Medium Enterprises Against Unfair Business Competition Elsita Lumban Gaol; July Esther; Ria Juliana Siregar
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13659

Abstract

The focus of this study is the efforts made by the law to protect micro, small, and medium enterprises (MSMEs) from unfair competition. This law is regulated through Law No. 5 of 1999. Activities prohibited in business competition are the topic of this study. This study investigates the impact of unfair business competition on MSME actors, which makes the KPPU necessary to supervise business competition. The results of the study indicate that legal protection for MSMEs against unfair business competition practices is very important because these practices can affect the growth and desires of MSMEs. This finding provides insight for the government, business actors, and legal experts. The government can establish stricter laws to supervise business competition. To avoid unfair business practic
Legal Protection for Consumers for Excessive Claims in Skincare Product Contents Putri Melani Tampubolon; July Esther; Ria Juliana Siregar
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13661

Abstract

This study examines legal protection for consumers against overclaim practices in skincare product ingredients. This phenomenon is widespread in e-commerce, where consumers are often influenced by trends and fail to thoroughly examine product quality. Overclaim practices, such as listing an active ingredient percentage that does not match the actual content, have harmed consumers both financially and health-wise. This research employs a normative method with a legislative and conceptual approach, referring to Law Number 8 of 1999 on Consumer Protection and relevant BPOM (Indonesian Food and Drug Authority) regulations. The findings indicate that consumer protection encompasses fundamental rights, including accurate information and compensation for damages. Preventive measures include regulations, BPOM supervision, consumer education, and the role of institutions such as BPSK (Consumer Dispute Resolution Agency) and BPKN (National Consumer Protection Agency). Meanwhile, repressive efforts involve dispute resolution through litigation and non-litigation channels. This study highlights gaps in the effectiveness of regulations and oversight of overclaims, as well as the need for practical solutions, including more extensive consumer education.
Legal Settlement of The Crime of Desertion in Absentia in The Jurisdiction of Military Court I-02 Nainggolan, Yolanda; Esther, July
Golden Ratio of Data in Summary Vol. 5 No. 2 (2025): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i2.823

Abstract

One type of criminal offense that is often committed by Indonesian National Army (TNI) Soldiers is the crime of desertion as regulated in Law Number 39 of 1947 concerning the Military Criminal Code (KUHPM) precisely in Article 87 which is an act committed by a TNI Soldier to leave military service without superior permission, at a specified time and place. The crime of desertion has the main characteristic of unauthorized absence committed by an army person at a place. The absence can be in the form of traveling to a place, hiding oneself, crossing the enemy, entering the military service of another country, or deliberately making oneself left behind. The settlement of cases of desertion crimes often finds several problems, one of which is that the person who committed the crime of desertion cannot be found, which causes the examination process to be carried out in the absence of the defendant (In Absentia). In Absentia, an examination is carried out so that the case is resolved quickly to uphold the discipline of soldiers and maintain the integrity of the troops. Including the case of the case submission that was not examined because from the beginning, the defendant fled and was not found again within 6 (six) consecutive months from the date of submission of the case file and 3 (three) consecutive summons efforts have been made. An examination can be conducted and decided without the defendant's presence in court.
Co-Authors Adirman Adirman andreas simanjuntak Angelina Kristin Laoly, Grace Arismani Aritonang, May Pranita August Silaen Aventif Harapan Hulu Batubara, Falan Berutu, Alex Denischael Besty Habeahan Bintang Christine Bintang ME Naibaho Br.Ginting, Vini Keysa Florentina Br.Ginting Butar-butar, Benny Nuovandi Chandra Habeahan Debora Debora Debora Debora Debora Debora, Debora Eka Kristina Sinaga Elsita Lumban Gaol erfandi sinurat Erni Juniria Harefa Erwin Hamonangan Pane Fajar sitorus Gea, Jevon Noitolo Gebi Vani Habeahan Gelora Butar-butar Girsang, Fitri Santa Habeahan, Gebi Vani Herlina Manullang Herlinq Manullang Hertati Gultom, Meli Hisar Siregar imelda hutapea Iona Febrina Simanjuntak Ira Sarawaty Sirait Ismayani Ismayani ISMAYANI ISMAYANI Jeffenri Lumban Batu Jinner Sidauruk Jinner Sidauruk johan silalahi Johan Silalahi Jusnizar Juznizar Sinaga Karolus Kanefo Lafau Kartina Pakpahan Leonard, Tommy Lesson Sihotang Lumbanbatu, Indri Rovelia Manurung, Gydeon Irmawan marco teddy sitio Mare, Chandra P Simare Martono Anggusti Mayca, Ofelica Ruth Misdawati, Misdawati Nababan, Roida Nainggolan , Ojak Nainggolan, Jesella Nainggolan, Jesella Ramayanti Nainggolan, Yolanda Nanang Natasia Sitompul Ndruru, Donius Nelly Kapitarani Panggabean Nikolas F Sagala Nola Putra E. C Simanungkalit Ofelica Ruth Mayca Ojak Nainggolan Padang, Melisa Junita Pasaribu, Roy Ronaldo M. Pondang Hasibuan Putri Melani Tampubolon Raja Luhut Gandamana Ria Juliana Siregar Risky Sukoy Sitindaon Robiyanti, Dewi Roida Nababan Sagala, Sudarsono Sahat Benny Risman Girsang Samah, Eri Samuel Sianipar Sembiring, Dhiana Resta Aprilia Sembiring, Putra Ferbi Satria Siahaan, Andronius Basado Siahaan, Eko Siahaan, Yanti Siahaan, Yanti Tiara Br Sibarani, Andrew Sidauruk, Jinner Sihotang, Lesson Silalahi, Joel Silitonga, Hartati Simare Mare, Chandra P Sinaga, Jusnizar Siregar, Imanuddin Siregar, Nyesti Sitindaon, Risky Sukoy Sitompul, Natasia Stevi Inria Sagal, Febritisia Sumangat Salomo Sidauruk Syabri Syabri Tamba, Devi Christina Octaviani Tamba, Handika Syahputra Teja Rinanda togu oktavianus simbolon Tommi Remana Tarigan Tommy Leonard Willy Tanjaya Yulkarnaini Siregar Yusuf Hanafi Pasaribu