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All Journal Jurnal Akta Syntax Literate: Jurnal Ilmiah Indonesia JURNAL DOKTRIN DE LEGA LATA: Jurnal Ilmu Hukum Unes Law Review Jurnal Yuridis Journal of Education, Humaniora and Social Sciences (JEHSS) Pena Justisia: Media Komunikasi dan Kajian Hukum JHR (Jurnal Hukum Replik) JURNAL USM LAW REVIEW International Journal Reglement & Society (IJRS) Iuris Studia: Jurnal Kajian Hukum NOMOI Law Review Buletin Konstitusi Proceeding International Seminar of Islamic Studies Journal of Legal and Cultural Analytics (JLCA) EduYustisia Jurnal Edukasi Hukum Kanun: Jurnal Ilmu Hukum jle Rechtsvinding
Nadirah, Ida
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Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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LEGAL PROBLEMS REGARDING DISPUTES IN GOVERNMENT PROCUREMENT OF GOODS AND SERVICES IN CORRECTIONS INSTITUTIONS Bangun, Revanda; Arifin, Muhammad; Nadirah, Ida
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5491

Abstract

Procurement goods and services government is part important in operate wheel state administration , including in the environment institution correctional . However , in In practice , this process often face various problems law that triggers dispute . Research This discuss reason main dispute procurement goods and services in the institution correctional , such as mismatch procedure with applicable regulations , misuse​ authority , conflict interests , and minimal transparency . In addition , the obstacles in implementation the rules that are set in Presidential Decree No. 16 of 2018 concerning Government Procurement of Goods/Services participate to worsen situation . The dispute that arose often leading to a long legal process and impacting efficiency organization task socialization . Research This recommend existence improvement supervision , transparency , and implementation sanctions firm For minimize dispute in procurement goods and services in the institution correctional
Optimization of Restorative Justice in the Settlement of Criminal Cases of Fraud and Embezzlement by Police Investigator Dalimunthe, Surya Wahyu Danil Juni Harsya; Eddy, Triono; Nadirah, Ida
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5492

Abstract

This research discusses the implementation of restorative justice by National Police investigators as a solution to solve criminal cases of fraud and embezzlement of online arisan. The rise of online arisan fraud cases causes material and immaterial losses for the community, as well as adding to the burden on the criminal justice system. The restorative justice approach is an alternative settlement that focuses on recovering victims' losses, accountability of perpetrators, and restoring social relationships. This study uses a mixing method method between normative and juridical by analyzing related legal policies and case studies on the settlement of online arisan fraud cases through a restorative approach. The results of the study show that the implementation of restorative justice is effective in resolving cases quickly, reducing the burden on judicial institutions, and providing a sense of justice and satisfaction for victims and perpetrators. However, challenges such as public legal awareness and consistency in policy implementation still need to be considered. In conclusion, restorative justice is an appropriate and humane solution in dealing with cases of fraud and embezzlement of online social gatherings, provided that there is a commitment from law enforcement officials and clear policy support.
SETTLEMENT OF CREDITOR BILL DISPUTES IN THE DEBT PAYMENT POSTPONEMENT PROCESS Adli, Muhammad; Ramlan; Nadirah, Ida
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.7154

Abstract

There are problems that creditors often have to face in bankruptcy, especially concurrent creditors or ordinary creditors (unsecured creditors), namely to obtain payment of their receivables to debtors who have been declared bankrupt, due to bad faith from the debtor to transfer the assets they own or all efforts by the bankrupt debtor made to hinder the management and settlement of the bankrupt assets (bankruptcy boedel) by the curator. A company, specifically a PT (Limited Liability Company), is unable to pay its debts, and bankruptcy proceedings begin with a creditor filing a petition to the court for past-due bills. Debt restructuring has been the preferred solution for many years to resolve financial problems in a company. Restructuring under a Suspension of Debt Payment Obligations (PKPU) is intended to restructure the debtor's debt payments solely with the goal of restoring the debtor's company to health. Restructuring is more of a rescue measure than a corrective action or permanent fix. One of the legal protections provided by the Bankruptcy Law and PKPU for creditors is the actio paulina, which gives creditors the right to request the cancellation of any legal action not required by the debtor. If a debtor is deemed to have defaulted on a debt repayment agreement with a creditor, they can demand that the agreement be fulfilled, or seek compensation from the defaulting party
Legal Certainty and the Harmonization of the Principle of Prudence: A Reconstruction of Bank Compliance Parameters in the Discourse on the Business Judgment Rule Pratama, Rizki; Nadirah, Ida
Journal of Legal and Cultural Analytics Vol. 5 No. 1 (2026): February 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i1.16373

Abstract

The banking sector plays a crucial role in national economic development and must operate in accordance with prudential banking principles. However, legal uncertainty arises due to the clash of norms between the regulations governing the Board of Directors' duties under Law No. 40 of 2007 concerning Limited Liability Companies (UU PT) and criminal liability under Law No. 10 of 1998 concerning Banking. This research aims to analyze the harmonization of these regulations and propose a reconstruction of prudential parameters to avoid the criminalization of business risks. The research adopts a normative legal method, and findings indicate that the lack of clear "compliance steps" parameters creates disparity in court rulings. The discretion granted to businesses under the Business Judgment Rule doctrine is sometimes misinterpreted, leading to criminal implications. The study recommends reinforcing the role of the Financial Services Authority (OJK) by instituting a Cease and Desist Order as a precondition for criminal law enforcement in compliance matters.
Co-Authors Adi Mansar Agustina, Tania Aksa, Muhammad Faris Andayani, Sintia Ardiyansyah, Amzar Bangun, Revanda Dalimunthe, Surya Wahyu Danil Juni Harsya Dewi, Inggrid Kusuma Dwi Putri, Dwi Emilia, Liza Hanifah, Ida Harahap, Igor Ivannov Hasibuan, Ardiansyah Hutabalian, Maslon Kencana, Galuh Nawang Koto, Ismail Kusbianto, Kusbianto Limbong, Ferry Susanto Mirsa Astuti Muhammad Adli, Muhammad Muhammad Arifin Nasution, Putri Handayani Nugraha, Aga Rudiansyah Onny Medaline Panggabean, Ruben Perdana, Surya Pratama, Rizki Ramlan Ritonga, Sahdani Sagala, Lamhot Heryanto Sahari, Alpi Saragih, Minggu Sitinjak, Dicky Wirawan Tamaulina Br Sembiring Tarmizi Triono Eddy Verawaty, Lenny Waruwu, Khamozaro