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Briski Viktor H. Sinaga
Universitas Pembangunan Panca Budi, Medan

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PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI BERBASIS SIBER DI INDONESIA Doni Sabdan Tanjung; Suci Ramadani; Briski Viktor H. Sinaga; Derta Simbolon
Berajah Journal Vol. 6 No. 4 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i4.206

Abstract

The development of information and communication technology has significantly transformed government administration systems, particularly through the implementation of electronic systems such as e-procurement, e-budgeting, and various other digital services. However, alongside these advancements, new forms of corruption have emerged that utilize cyber means as both the primary and supporting tools in committing unlawful acts. This study aims to analyze the legal framework, criminal liability, and effectiveness of law enforcement concerning cyber-enabled corruption crimes in Indonesia. The research method employed is normative legal research using statutory, conceptual, and case approaches. The findings indicate that Indonesian law has not explicitly regulated cyber-based corruption as a distinct offense; therefore, law enforcement is still conducted through a cumulative application of the Anti-Corruption Law, the Electronic Information and Transactions Law, and other related regulations. Criminal liability is not limited to public officials but also extends to other parties involved in the use of electronic systems to facilitate corruption. The effectiveness of law enforcement still faces obstacles such as regulatory limitations, inadequate human resources, and the complexity of digital evidence. Therefore, regulatory harmonization and strengthening the capacity of law enforcement agencies are necessary to address corruption crimes in the digital era effectively.
ANALISIS YURIDIS KEDUDUKAN UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA TERORISME DALAM SISTEM HUKUM PIDANA NASIONAL PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA Lume Hetty Alphani Simbolon; Sumarno; Suci Ramadani; Briski Viktor H. Sinaga; Derta Simbolon; Rika Suryana Surbakti
Berajah Journal Vol. 6 No. 4 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i4.237

Abstract

The enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code (National Criminal Code) marks a significant milestone in the reform of Indonesia's criminal law, introducing a new paradigm for sentencing and the national criminal justice system. Meanwhile, terrorism offenses continue to be specifically regulated under Law Number 5 of 2018, which amended Law Number 15 of 2003 on the Eradication of Criminal Acts of Terrorism. This legal framework raises questions regarding the position of this special legislation within the national criminal law system following the implementation of the National Criminal Code. This study aims to analyze the legal status of the Anti-Terrorism Law within Indonesia's national criminal law system and to examine the juridical implications of applying the principle of lex specialis derogat legi generali. The research employs a normative legal research method using statutory, conceptual, and comparative approaches. The data were analyzed qualitatively through library research involving legislation, legal doctrines, and court decisions. The findings indicate that the enactment of the National Criminal Code does not abolish the existence of the Anti-Terrorism Law, as it continues to apply as a special criminal law based on the principle of lex specialis derogat legi generali. Nevertheless, further harmonization is required, particularly concerning the sentencing system, the objectives of punishment, corporate criminal liability, and the protection of human rights, in order to ensure legal certainty and consistency within Indonesia's national criminal law system.
PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM SISTEM HUKUM PIDANA INDONESIA PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA Briski Viktor H. Sinaga; Sumarno; Suci Ramdani; Derta Simbolon; Lume Hetty Alphani Simbolon; Rika Suryana Surbakti
Berajah Journal Vol. 6 No. 4 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i4.690

Abstract

The development of modern economic activities has significantly strengthened the role of corporations as legal entities that contribute substantially to national economic growth and development. However, corporations also possess the potential to become perpetrators of various criminal offenses, including corruption, money laundering, tax crimes, environmental crimes, consumer protection violations, and other economic crimes. The enactment of Law Number 1 of 2023 concerning the Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) marks a fundamental reform in Indonesia's criminal law by explicitly recognizing corporations as subjects of criminal liability. This legal reform provides a more comprehensive framework governing the concept, forms, and mechanisms of corporate criminal liability within the Indonesian criminal justice system. This study aims to analyze the regulation of corporate criminal liability in Indonesia's criminal law system, examine the forms of corporate criminal liability under Law Number 1 of 2023, and identify the challenges and optimization efforts in implementing corporate criminal liability. This research employs a normative legal research method using a statutory approach, conceptual approach, case approach, and comparative approach. The legal materials consist of primary, secondary, and tertiary legal sources collected through library research. The collected legal materials are analyzed qualitatively using descriptive-analytical and prescriptive methods to formulate legal arguments regarding corporate criminal liability in Indonesia's criminal law system. The findings indicate that the regulation of corporate criminal liability in Indonesia has undergone significant development through Law Number 1 of 2023, which explicitly recognizes corporations as subjects of criminal law. Criminal liability may be imposed on the corporation itself, its management, or both simultaneously, depending on the degree of fault, the relationship between the offender and the corporation, and the benefits obtained by the corporation from the criminal act. In addition to fines as the principal punishment, corporations may also be subjected to additional penalties and corrective measures, including confiscation of criminal proceeds, compensation for victims, revocation of business licenses, suspension of business activities, restitution for damages caused by criminal acts, and, in certain circumstances, corporate dissolution. Nevertheless, the implementation of these provisions continues to face several challenges, including inconsistencies between the Criminal Code and sector-specific legislation, difficulties in proving corporate mens rea, limited institutional capacity of law enforcement agencies, and the absence of comprehensive technical guidelines for handling corporate criminal cases. Therefore, regulatory harmonization, institutional capacity building for law enforcement officers, the development of comprehensive implementation guidelines, and the strengthening of good corporate governance and corporate compliance principles are essential to establishing an effective corporate criminal liability system that ensures legal certainty, justice, and public benefit.