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All Journal JURISMA: Jurnal Riset Bisnis & Manajemen Journal Evidence Of Law PENANOMICS: INTERNATIONAL JOURNAL OF ECONOMICS PENA LAW: International Journal of Law International Journal of Performing Arts (IJPA) International Journal of Accounting, Management, and Economics Research : Ijamer
Darodjat, Tubagus Achmad
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Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Journal Evidence Of Law

 1 
Death Penalty For Drug Traffickers: A Legal and Human Rights Perspective Supono, Supono; Kristiawanto, Kristiawanto; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.938

Abstract

The increase in drug abuse cases in Indonesia has placed the death penalty for dealers as one of the instruments of criminal law policy. Although the death penalty aims to provide a deterrent effect and justice, this policy has drawn criticism because it is considered contrary to the principles of human rights (HAM) and has the potential to create disparities in its application. This research analyses the application of the death penalty from the perspective of absolute, relative, and combined punishment theories, as well as evaluating its effectiveness in handling narcotics cases. The results show that the application of the death penalty needs to be reconsidered, especially for non-violent offenders, by prioritising rehabilitation and prevention approaches. A combination of legal and rehabilitation strategies is needed to minimise the use of the death penalty, accompanied by continuous monitoring and evaluation to ensure transparency and accountability in law enforcement. This research recommends more sustainable policy alternatives, in line with human rights values and social justice.
Domestic Violence Crimes: Legal Sanctions and Implication Anwar, Mohamad; Shodiq, Md.; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.940

Abstract

This article discusses the application of criminal sanctions against perpetrators of domestic violence (KDRT) according to Law No. 23/2004 on the Elimination of Domestic Violence. Criminal sanctions are not only aimed at providing a deterrent effect to perpetrators but also as a form of legal protection for victims. This article also discusses the relevance of the concept of restorative justice as an alternative resolution in domestic violence cases to achieve balanced justice. The method used is descriptive-analytical with a normative approach, analyzing the application of law and the effectiveness of sanctions.
Management and Exploitation Of Mineral and Coal Mining In Indonesia: An Analysis Of the Perspective Of Article 33 Paragraph (3) of The 1945 Constitution Republic Of Indonesia Widiarti, Wulan; Hasibu, Fauzie Yusuf; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.1055

Abstract

Abstract This study analyses the implementation of mineral and coal mining management policies in Indonesia in the context of Article 33 paragraph (3) of the 1945 Constitution, which emphasises that natural resources must be used to the greatest extent for the prosperity of the people. The change from the Contract of Work regime to the Mining Business Permit (IUP) aims to strengthen state control, but still faces challenges in the form of overlapping licences, weak supervision, and social conflicts with indigenous peoples. Using the approaches of welfare state theory, middle ground theory, and development law theory, this study shows that an active role for the government is needed to ensure equitable benefit distribution and sustainable resource management. The middle ground approach highlights the need for strict oversight of foreign investment, while development law emphasises the importance of law as an instrument to support social welfare and environmental protection. This research recommends strengthening oversight, renegotiating contracts and involving local communities in mining policy to realise more equitable, sustainable and inclusive natural resource management.
Reconstruction Of Restorative Justice-Based Settlement Of Traffic Accident Offences Helena, Lovita Aprillia; Hakim , Nur; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.1058

Abstract

The approach to resolving criminal offences of traffic accidents in Indonesia has so far relied on a conventional criminal justice system that is oriented towards punishment. This approach often ignores victims' needs for recovery and opportunities for perpetrators to take constructive responsibility. This research aims to reconstruct a restorative justice-based traffic accident criminal settlement model, which emphasises dialogue, rapprochement and fair solutions for all parties involved. Using juridical-normative and juridical-empirical approaches, this research analyses existing regulations and legal settlement practices, as well as evaluates the potential of restorative justice implementation. The results show that restorative justice provides a great opportunity to create settlements that are more humane, inclusive, and in accordance with the local values of Indonesian society. The mediation process between offenders and victims, which is formally recognised in the justice system, is a key element in this model. The reconstruction of this model offers various benefits, such as victim recovery, reducing the burden on the justice system, and strengthening social harmony. However, its implementation requires adequate regulatory support, training for law enforcement officials, and education to the public. With these strategic steps, the application of restorative justice can be an effective solution in resolving traffic accidents, while reflecting the values of social justice in Pancasila.
Legal Protection Of Investors In The Face Of Insider Trading Practices Prasetyo, Heny; Prasetyo, Dedy Ardian; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.1088

Abstract

This research aims to analyse the legal protection of investors in the face of insider trading practices in the Indonesian capital market. Using the normative juridical method and analytical descriptive approach, this research examines the regulations governing the prohibition of insider trading in Law Number 8 of 1995 concerning the Capital Market, as well as the challenges in implementation and law enforcement against the practice. The results show that although the regulation on insider trading has been clearly regulated, its implementation still faces obstacles in terms of proving transactions and effective supervision. The Financial Services Authority (OJK) has sufficient authority to deal with this, but limited resources and technology utilisation in supervision are the main obstacles. This study recommends increasing supervisory capacity, updating evidentiary-related regulations, and utilising advanced technology to accelerate the detection and prevention of insider trading in the Indonesian capital market
Legal Inconsistencies in the Criminalization of Fraud: Toward a Harmonized International Criminal Framework Iqbal, Mochamad; Maryano, Maryano; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1525

Abstract

Fundamental differences in the definitions, criminalization, and enforcement procedures of transnational fraud have created significant obstacles to international criminal law cooperation. This study aims to identify legal inconsistencies in twelve jurisdictions and to formulate a normative harmonization framework applicable to the handling of transnational fraud. Through a comparative legal approach and doctrinal analysis, the study finds that regulatory fragmentation not only weakens the effectiveness of law enforcement but also hinders the restoration of victims’ rights and the application of substantive justice principles. This study proposes an integrated framework encompassing universal definitions, minimum procedural standards, and victim-centered cooperation mechanisms. These findings are expected to serve as a conceptual foundation for developing more inclusive and responsive international legal instruments to address the challenges of transnational fraud.
The Integration of Generative AI in Legal Practice: Opportunities and Challenges White, Alan Robert; Darodjat, Tubagus Achmad; Yuhelson, Yuhelson
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1489

Abstract

Generative Artificial Intelligence (GenAI) has emerged as a transformative tool within the legal profession, enhancing productivity and shifting the dynamics of legal service delivery. This desktop review synthesizes recent literature on AI adoption in law firms, focusing on the potential of GenAI in automating routine tasks, the challenges of ethical concerns, and the role of policy and education in mitigating risks. While AI presents numerous opportunities, it also requires careful integration into legal workflows to ensure compliance with ethical standards and professional obligations. This paper explores the current state of GenAI in the legal field and offers insights into future directions, including necessary policy development and professional training.
Regaining Cross-Border Authority: The Role of Law and Institutional Challenges for Curators in Cross-Border Insolvency Indrawan, Riesky; Situmorang, Risma; Darodjat, Tubagus Achmad
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1598

Abstract

The increasing integration of the global economy has led to a surge in cross-border insolvency cases, placing insolvency administrators as key actors in the management and liquidation of assets across jurisdictions. This article critically examines the legal role of insolvency administrators in cross-border insolvency cases and identifies normative and structural challenges that hinder the effectiveness of their duties. Using a normative legal method and a comparative approach, this study analyzes the weak legal recognition of foreign insolvency administrators, the failure of intergovernmental coordination, and the limitations in asset tracing due to data access restrictions between jurisdictions. Findings reveal that the absence of a harmonized legal framework and the lack of formal transnational cooperation protocols significantly hinder the legitimacy and efficiency of the role of bankruptcy trustees in a global context. This study also highlights regulatory gaps in Indonesian bankruptcy law that have not yet accommodated mechanisms for cross-border recognition and cooperation. Using the lens of doctrinal legal theory and transnational legal theory, this article proposes institutional reforms through the adoption of the UNCITRAL Model Law and the development of cooperation protocols among insolvency administrators as solutions toward a more responsive and equitable global insolvency governance system. This article contributes both theoretically and practically to the development of an inclusive and interoperable insolvency system within the global legal order.
Co-Authors Agung Iriantoro Akkapin, Supaphorn Alan, Alan Robert White Arapah, Sarah Nur Dedy Ardian Prasetyo Hakim , Nur Hamler, Hamler Hasibu, Fauzie Yusuf Hasibuan, Fauzie Yusuf Helena, Lovita Aprillia Hikmah, Ananda Mutiara Indrawan, Riesky Iqbal, Mochamad Jatmiko Jatmiko Kristiawanto, Kristiawanto Mahmud Mahmud Marginingsih, Ria Maryano, Maryano Mohamad Anwar, Mohamad Nofiyanti, Dwi Nur Asmah, Nur Pamadya Vitasmoro, Pamadya Pasaribu, Yusuf Hanafi Poloan, Khairil Prasetyo, Heny Shodiq, Md. Situmorang, Risma Sri Mulyati Suasungnern, Sineenat Suasungnern, Sineerat Supono Supono White, Alan Robert Widiarti, Wulan Yuhelson Yuhelson