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All Journal Jurnal Hukum Novelty Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" 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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Konsepsi Ganti Kerugian Bagi Anak Korban Dalam Tindak Pidana Perdagangan Orang Berdasarkan Nilai Keadilan Kurniawan, M. Arief; Eddy, Triono; Mansar, Adi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4192

Abstract

Children are a gift from God that is inseparable from the survival of a nation, so their existence must be protected from everything that can damage them physically or mentally. Children who are victims of criminal acts of human trafficking should be treated like victims who should be protected by the government through existing laws and regulations so that child victims are no longer victims in a legal process with its various dynamics. Compensation for child victims in criminal acts of human trafficking based on the value of justice is realized through compensation. Compensation from the state is given in the event that the perpetrator of the crime of trafficking in persons is unable to pay restitution and the victim is a child, then the restitution can be replaced by providing compensation from the state to the child victim. Furthermore, with the concept of compensation in the form of compensation for child victims, reconstruction of article 48 of Law no. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking, namely the addition of paragraph 8 (eight) in article 48 which states: "In the event that the perpetrator of the criminal act of human trafficking is unable to pay restitution while the victim is a child, the restitution can be replaced by providing compensation from the state towards the victim's children or their heirs
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.
Optimizing Diversion Policy Due to Overcrowding in Children's Special Development Institutions (LPKA) Hasibuan, Hamdi; Mansar, Adi; Perdana, Surya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4469

Abstract

Child convicts are separated from adult convicts so that they are placed in the Special Children's Development Institution (LPKA), where this is a place for child convicts, not as a place to administer punishment as we know in Correctional Institutions (Lapas) which contain adult convicts. The essence of diversion with a restorative justice approach is the "transfer" of the process of resolving criminal acts from inside to outside the court through the method of consensus deliberation by prioritizing "restoration", "improvement" of the original situation before the crime occurred and by meeting the needs of victims, perpetrators and the community. This is stated in Article 8 of the SPPA Law that diversion is carried out through deliberation involving many parties. The results of diversion are expressed in the form of a "diversion agreement" which generally takes the form of peace (with or without compensation), handover to parents/guardians, education/training at educational institutions or LPKS; or community services. Negative impacts arising from the decline of prison and detention center residents include burdening staff, deterioration of living conditions, lack of access to education, training and employment, quality of health and physical and mental comfort which triggers tension and violence, increasing the risk of disease transmission. , also has an impact on state finances, human rights issues, health issues, security and economic issues due to illegal levies, security for officers, and the effectiveness of coaching. Therefore, it is important to have policies to mitigate the impacts arising from the overcrowding that occurs in prisons and detention centers
RECONSTRUCTION OF CRIMINAL SANCTIONS FOR PERPETRATORS OF BUSINESS CRIMES Lubis, Doni Hendra; Hanifah, Ida; Mansar, Adi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.5037

Abstract

The development of criminal liability in Law Number 1 of 2023 concerning the Criminal Code differentiates in detail the form of liability for individual legal subjects with legal entities. The regulation specifically for criminal liability for legal subjects in the form of legal entities (corporations) is contained in paragraph 3 of Article 45 to Article 50 of Law Number 1 of 2023 concerning the Criminal Code. As the principle of the case before the law, the new Criminal Code in terms of law enforcement against legal subjects in the form of corporations also adheres to the reasons for the elimination of criminal penalties (justification and excuse) as contained in Article 50 which states that in essence justification and excuse apply in the corporate criminal liability system as long as the reasons are directly related to the criminal act being prosecuted
Reformulation Of Additional Criminal Law Regarding Sanctions For Defendants Of Corruption Criminal Acts In Indonesia Purnama, Chandra; Arifin, Muhammad; Mansar, Adi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.5123

Abstract

Indonesia has Law Number 20 of 2001Jo. Law Number 31 of 1999 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption (hereinafter abbreviated as the PTPK Law). Based on Article 6 of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission. Unfortunately, the criminal provisions contained in Article 21 and Article 22 of Law No. 28 of 1999 concerning Clean and Corruption-Free State Administrators are contrary to the principles contained in the Criminal Code, namely that the Criminal Code does not use a special minimum criminal system and cumulative principal criminal penalties, so that the Criminal Code including the Criminal Procedure Code cannot be used in eradicating criminal acts of Collusion and Nepotism. In other words, violations of criminal acts of collusion and criminal acts of nepotism in our beloved country currently cannot be addressed penally based on Law No. 28 of 1999 concerning Clean and Corruption-Free State Administrators. Therefore, this law needs to be immediately updated in terms of its criminal aspects. Article 20 paragraph (7) of Law Number 31 of 1999, which states that the main punishment is only a fine with a maximum plus 1/3 (one third). The determination of this criminal fine is imperative, meaning that judges have no other choice in imposing criminal sanctions on corporations other than criminal fines
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. 002 (2024): Pena Justisia (Special Issue)
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. 002 (2024): Pena Justisia (Special Issue)
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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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 Albret Duvry Bennaris Kaban Chandra Purnama, Chandra Darwinsyah Minin Daulay, Faza Nazilah Dewata, Mukti Fajar Nur Doni Hendra Lubis Dwilizadi, Vania Micha Emiel Salim Siregar Erwin Asmadi Faisal Farid Wajdi Ferry Susanto Limbong Ferry Susanto Limbong Ghapa, Norhasliza binti Hamdani Hamdani Hamdi Hasibuan Hanifah, Ida Harahap, Siti Holija Hasibuan, Hamdi Hasyim, Rhizka Annisa Ida Hanifah Ida Hanifah Kurniawan, M. Arief Lenny Verawaty Siregar Lubis, Doni Hendra Lubis, Pangiutan Tondi M. Arief Kurniawan Mahmud Mulyadi Minin, Agusta Ridha Muhammad Arifin MUHAMMAD ARIFIN Nadirah, Ida Nasution, Adli Dzil Nasution, Iswarni Panggabean, Ruben Perdana, Surya Purwoko, Agus R. Juli Moertiono Rajarif Syah Akbar Simatupang Rangkuti, Karnadi Ritonga, Arifin Said Rizki Amalia Sabrudin, Wahyu Sabrudin Salman Abror Saragih, Minggu Siagian, Mangisara Darmawan Sihombing, Daulat Sirait, Goncalwes Suprayitno Suprayitno Surya Perdana Tamaulina Br Sembiring Tengku Erwinsyahbana Triono Eddy Verdinan Verdinan Waruwu, Khamozaro