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All Journal Jurnal Hukum Novelty Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Jurnal Wawasan Yuridika JURNAL DOKTRIN Jurnal Notarius DE LEGA LATA: Jurnal Ilmu Hukum Jurnal Yuridis Journal of Education, Humaniora and Social Sciences (JEHSS) Veteran Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI Legalitas: Jurnal Hukum Randwick International of Social Science Journal Indonesian Journal of Education, Social Sciences and Research (IJESSR) Buletin Konstitusi RIO LAW JURNAL Britain International of Humanities and Social Sciences (BIoHS) Journal Proceeding International Seminar of Islamic Studies EduYustisia Jurnal Edukasi Hukum JURNAL RETENTUM INSPIRING LAW JOURNAL
Adi Mansar
Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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The Concept of Restitution as Legal Accountability in the Crime of Human Trafficking Rajarif Syah Akbar Simatupang; Ida Hanifah; Adi Mansar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6444

Abstract

Indonesia as a country that has problems in human trafficking, not only functions as a country of origin (source) and transit point for international human trafficking, but also as a country that receives victims. The increasing number of workers that is not accompanied by the availability of employment opportunities is a very complex problem to overcome. This research is a normative legal research, namely a legal study that positions law as a structured norm system. In Indonesian legal regulations, it has been regulated in Law No. 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking related to legal accountability for criminal acts of human trafficking. This law also regulates the rights of victims to receive medical and social rehabilitation, repatriation, and reintegration that must be provided by the state, especially for those who experience physical, psychological, and social suffering due to the crime of human trafficking. Restitution prioritizes the perpetrator's responsibility for the impacts caused by the crime. Therefore, the main target is to handle all losses experienced by the victim.
Emil Law Enforcement Of Fishery Crimes By Corporations In Indonesia: Law Enforcement Of Fishery Crimes By Corporations In Indonesia Emiel Salim Siregar; Adi Mansar; Surya Perdana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6449

Abstract

This article aims to enforce the law on criminal acts of fisheries by corporations in Indonesia. Fisheries is a leading sector for the Indonesian economy, but there are often violations of the law committed by corporations in their fisheries activities, so that law enforcement against criminal acts of fisheries by corporations in Indonesia has complex challenges. This study uses normative legal research, which refers to applicable legal regulations and binds the surrounding community. This study formulates critical questions about the legal regulation of criminal acts of fisheries by corporations in Indonesia and also the implementation of law enforcement of criminal acts of fisheries by corporations in Indonesia. Increasing cooperation between government law enforcement agencies and civil society is important to overcome existing challenges and ensure the sustainability of fisheries resources in Indonesia.
Legal Liability of Electronic Money Corruption as a Crime of Origin of Money Laundering Crime Arifin Said Ritonga; Triono Eddy; Adi Mansar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6718

Abstract

Money is a very crucial aspect of human life. Changes in the way we use money are evolving rapidly, along with advances in technology and information. Both notes and coins have transformed into electronic money. The law, specifically Article 17 to Article 22 of the ITE Law, regulates electronic transactions, also known as e-commerce buying and selling contracts. Article 17 paragraph (2) of the ITE Law states that parties conducting electronic transactions as mentioned in paragraph (1) must act in good faith when interacting and/or exchanging electronic documents and electronic information during such transactions. Article 18 paragraph (2) states that the party conducting electronic transactions as mentioned in paragraph (1) This research is a normative legal research, namely a legal study that positions law as a structured system of norms. The type of normative legal research is law that is formulated based on norms or rules that apply in society and become a guideline for the behavior of each individual. Money laundering in general can be defined as an act or actions that transfer, use or perform other actions or the proceeds of a criminal act that is often carried out by crime organizations or individuals who commit acts of corruption, narcotics trafficking, and other criminal acts. The goal is to hide or obscure the origin of the illicit money so that it can be used as if it were legitimate money.
Reconstruction of Sports Dispute Settlement Law Through Integrated Sports Dispute Settlement Goncalwes Sirait; Adi Mansar; Farid Wajdi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7127

Abstract

Sport is a strategic asset in fostering national integration and strengthening social capital due to its inherently democratic nature, prioritizing brotherhood even amidst intense competition on the field. The fundamental values ​​that often save a nation from disunity are deliberation and consensus, and problems in sport are ideally resolved through deliberation and consensus in accordance with true wisdom. In essence, civil disputes are resolved peacefully by seeking agreement between the disputing parties. Because disputes arise from conflicting personal interests, their resolution depends heavily on the initiative of the parties involved. Civil disputes can be resolved either conventionally through the courts (litigation) or using alternative dispute resolution methods outside the courts. Dispute resolution through the courts is subject to provisions of civil procedural law, such as the Herzienne Indonesisch Reglement (HIR) for the Java and Madura regions, the RBg (Rechtsreglement Buitengewesten), and other regulations governing civil procedure. Courts serve as a means of law enforcement, a place of legal protection, and a forum for citizens involved in disputes to seek justice. Current practices for resolving disputes regarding competitive sports are not fully in line with Article 102 of Law Number 11 of 2022 concerning Sports, which states that disputes in sports must be resolved through deliberation and consensus by the parent sports organization. If deliberation and consensus cannot be reached, the disputing parties must enter into a written agreement regarding the chosen dispute resolution method. Dispute resolution is carried out through mediation, conciliation, and arbitration
State Responsibility in Post-Judgment Reforestation Following Environmental Fines Cakra Tona Parhusip; Triono Eddy; Adi Mansar; Ena Kazić Çakar
Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

This paper critically examines the normative limitations and institutional challenges in enforcing ecological restoration through Indonesia’s environmental legal regime. While civil liability is increasingly employed as a formal mechanism to ensure environmental responsibility, the link between judicially imposed compensation and actual ecological recovery remains tenuous. Drawing on a normative legal approach, supported by doctrinal and comparative analysis, this study unpacks how the absence of a binding legal obligation to allocate environmental fines toward restoration efforts weakens the transformative potential of civil sanctions. It reveals a structural gap: courts may award environmental damages, yet the disbursement and utilization of these funds often fall into administrative obscurity, lacking transparency and measurable ecological outcomes. The argument advanced is that environmental accountability should not terminate with compensation; it must continue toward tangible rehabilitation anchored in public participation and legal oversight. The findings suggest the necessity of reformulating regulatory design, particularly by mandating the use of compensation funds for ecological purposes and embedding oversight mechanisms to monitor compliance. Such reform aligns with broader global calls to shift environmental enforcement from punitive to restorative justice frameworks. This contribution opens normative space for rethinking how environmental damages can be institutionally linked to actual restoration, beyond symbolic legality.
Parent Corporation Liability For Losses of State-Owned Enterprise Subsidiaries: A Substantive Control and Public Accountability Approach Dicki Irvandi; Triono Eddy; Adi Mansar; Alief Risyawan
Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v9i1.4482

Abstract

The relationship between state-owned enterprises (SOEs) and their subsidiaries gives rise to an accountability dilemma when losses occur at the operational level of subsidiaries, as corporate law formally treats parent companies and subsidiaries as separate legal entities, while governance practices within SOE holding structures demonstrate substantive parental control through policy directives, business strategies, and the allocation of public capital. This misalignment between formal legal construction and the reality of substantive control creates an accountability gap in the management of state assets. This study aims to reconstruct the legal basis of parent SOE liability by positioning the intensity of substantive control as the principal variable of accountability. The research employs a normative legal method with doctrinal and comparative approaches, drawing on statutory analysis and conceptual examination of corporate law. The findings indicate that liability limitations based solely on the principle of separate legal personality are no longer adequate when subsidiaries carry out strategic projects shaped by state policy and public financing, as the parent SOE substantively contributes to the formation of risk and loss consequences. By adapting the doctrines of piercing the corporate veil and enterprise liability to the context of public entities, this study proposes a hybrid accountability model that links legal responsibility to actual patterns of control, thereby strengthening public accountability and preventing accountability gaps within state-owned corporate group structures.
Environmental Insurance: Legal Protection and Certainty Mechanism in Recovery of Forest Damage Due to Land Burning Verdinan, Verdinan; Adi Mansar; faisal
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.v23i2.4344

Abstract

Environmental law enforcement against corporations that commit destruction is constrained by the execution of court decisions to carry out rehabilitation or compensation, where business actors do not intend to implement the decision. Therefore, environmental insurance can be a solution to cover compensation for environmental damage to realize legal certainty. The research conducted is normative juridical or research that analyzes written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to take systematic, factual, and accurate data on a problem based on applicable laws and legal norms. The results of this study show that the legal basis for environmental insurance is regulated in Articles 42 and 43 of Law Number 32 of 2009 concerning Environmental Protection and Management jo Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management. The implementation of environmental insurance is constrained by insolvency problems by corporations who are required to make a recovery due to environmental damage but are not willing to pay compensation costs. Environmental insurance is a preventive and anticipatory effort as a guarantee to repair and restore the environment damaged by activities or businesses, especially plantations, as well as providing certainty in the enforcement of environmental laws following sustainable development goals.
Procedure for Termination of Employment Relations in The Pancasila Industrial Relations Concept Saragih, Minggu; Mansar, Adi; Hanifah, 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.v23i3.5315

Abstract

In the Pancasila Industrial Relations concept, the rights and responsibilities of employers and workers in a work relationship are balanced. This balance is achieved not based on considerations of strength (overall influence), but based on feelings of justice and honor. In addition, Pancasila Industrial Relations believes that company results achieved through cooperation between workers and entrepreneurs must be enjoyed equally by taking into account the sacrifices made by each individual. When a work stoppage occurs, this method is also assisted through a component that is a marker of Pancasila standards in legal guidelines through Law Number 2 of 2004 concerning Settlement of Industrial Relations Problems. This research employed normative juridical research methods Referring to Government Regulation Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Rest Time and Termination of Employment Relations, if there is termination of employment in accordance with the reasons for Termination of Employment, then the formulation of the amount of rights that the worker has at the time of termination of employment work adjusted to the reason for termination of employment. As the government's response to the difficulties and dynamics of competency and productivity-based employment relationships, this regulation was promulgated to provide guidelines for ending employment relationships because it is very necessary in efforts to protect rights and government assistance in fulfilling the welfare of workers/employees both during work, especially after the end of work friendships
MEDIATION AS A SETTLEMENT OF ELECTRONIC BOOK COPYRIGHT DISPUTES TO PROVIDE LEGAL CERTAINTY FROM A BENEFIT PERSPECTIVE Waruwu, Khamozaro; Eddy, Triono; Mansar, Adi
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.v23i3.5490

Abstract

The use of mediation as an effort to resolve electronic book copyright disputes has become a trend in the community to utilize dispute resolution based on several factors that place it with various advantages, including economic factors, legal culture factors, the wide scope of problems that can be discussed, coaching factors. good relations between the parties and process factors. Based on this, it has become a necessity that mediation is no longer an alternative dispute resolution but rather a dispute resolution effort that must be taken if there is a violation of electronic book copyright. This is in line with the great interest in mediation as an effort to resolve electronic book disputes in providing legal certainty and various perspectives on the benefits of mediation. The purpose of writing is to discuss mediation as an alternative resolution of electronic book copyright disputes. Intellectual Property Rights are referred to as material rights, and the results of this work can be in the form of immaterial objects "intangible objects" which originate from the work of the brain and the results of the work of reasoning ratios which give rise to intellectual property rights. The Copyright Law, especially in Article 40 Paragraph (1) letter n, implicitly recognizes that digital or electronic books (e-books) are one of the adapted works that receive protection. Even though the Copyright Law provides legal guarantees or protection to copyright, creators and copyright holders, in its implementation there are still irregularities in the field of copyright and perpetrators of copyright irregularities can be legally prosecuted. Mediation is a type of dispute resolution that can be chosen in resolving issues in the field of IPR, especially regarding e-book piracy disputes which are currently widespread. This research uses a normative juridical research method with two types of approaches, namely the statutory research approach and the case research approach. Mediation is the most effective alternative dispute resolution and is required for copyright disputes because it is regulated in the Copyright Law. Apart from this, the form of dispute resolution through mediation has other advantages in the form of being completed more quickly, being lighter, having lower costs and satisfying both parties
Reconstruction of Tax Case Investigations to Avoid Business Crimes Based on Legal Certainty Harahap, Siti Holija; Mansar, Adi; Eddy, Triono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Based on the tax revenue report submitted by the Minister of Finance, it is necessary to improve professionalism in managing state finances, especially when related to taxation. In addition to professionalism, supervision also needs to be improved, both preventive and repressive, to prevent deviations or abuse of office in managing state finances, especially related to tax management. The criminal law policy in the field of taxation in the future should be in line with the principle of criminal taxation, "that criminal sanctions in taxation are Ultimum Remidium, meaning that in enforcing violations of tax law, administrative sanctions are prioritized, while the application of criminal sanctions is carried out if the methods used are no longer effective in making Taxpayers comply with tax provisions. The form of handling criminal acts in the field of taxation by the Directorate General of Taxes in the future developments is intended to change criminal taxation as a general act that is included as an independent crime (independent crimes), it should be done carefully and thought out carefully, it may be able to increase state revenue from the tax sector effectively and efficiently, but it can disrupt the aspect of legal justice for taxpayers and at the same time the legal rights of Taxpayers (society) as a whole. This is because the use of funds sourced from Taxpayer funds is not effective and efficient in achieving the desired development goals
Co-Authors Adi Salamat, Padian Albret Duvry Alief Risyawan Arifin Said Ritonga Bennaris Kaban Cakra Tona Parhusip Chandra Purnama Darwinsyah Minin Daulay, Faza Nazilah Dewata, Mukti Fajar Nur Dicki Irvandi Doni Hendra Lubis Dwilizadi, Vania Micha Emiel Salim Siregar Ena Kazić Çakar Erwin Asmadi Faisal Farid Wajdi Farid Wajdi Ferry Susanto Limbong Ferry Susanto Limbong Ghapa, Norhasliza binti Goncalwes Sirait Hamdani Hamdani Hamdi Hasibuan Hanifah, Ida Harahap, Siti Holija Hasyim, Rhizka Annisa Ida Hanifah Lenny Verawaty Siregar Lubis, Pangiutan Tondi M. Arief Kurniawan Mahmud Mulyadi Minin, Agusta Ridha MUHAMMAD ARIFIN Muhammad Arifin Muhammad Arifin Gultom Nadirah, Ida Nasution, Adli Dzil Nasution, Iswarni Panggabean, Ruben Purwoko, Agus R. Juli Moertiono Rajarif Syah Akbar Simatupang Rangkuti, Karnadi Ritonga, Arifin Said Rizki Amalia Salman Abror Saragih, Minggu Siagian, Asrul Azwar Siagian, Mangisara Darmawan Sihombing, Daulat Suprayitno Suprayitno Surya Perdana Tamaulina Br Sembiring Tengku Erwinsyahbana Triono Eddy Verdinan Verdinan Wahyu Sabrudin Sabrudin Waruwu, Khamozaro