Claim Missing Document
Check
Articles

Found 36 Documents
Search

The Dominus Litis Advocate who Handles Debt Law Cases Panggabean, Ruben; Mansar, Adi; Nadirah, Ida
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44822

Abstract

An advocate is a lawyer who practices law through the power of attorney (volmacht) granted by clients, both persons and legal entities, both inside and outside of the courtroom. The range of legal services includes advising, assisting, exercising power of attorney, representing, defending, and taking other legal actions on behalf of their clients. The advocate is free to choose whether his client's case will be settled out of court (non-litigation) in the course of his work, particularly in the area of debt settlement. This area is governed by the Indonesian Advocate Code of Ethics and is known as the dominus litis principle. However, in order to exercise the authority, the advocate must possess financial knowledge in order to offer the client a case settlement plan as legal justification, allowing the client to accept legal counsel from his advocate to pursue an out-of-court settlement. Through training and certification programs coordinated and organized with the National Competency Certification Agency (BNSP), the Advocate Organization bears the responsibility of enhancing the expertise of advocates in addition to themselves. An advocate with greater expertise will be less likely to violate the advocate code of ethics while also providing clients with the best possible protection as recipients of legal services. Rather than creating more issues for their customers, advocates become part of the solution (problem solver).
Returning Corrupt Assets Through International Cooperation: Joko Widodo's 10 Years in Power Mansar, Adi; Dwilizadi, Vania Micha
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 2 (2025): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i2.25275

Abstract

The United Nations Convention Against Corruption (UNCAC) is a compact step by countries in the world to cooperate in the field of law and corruption, especially extradition and return of corruption proceeds that have been taken abroad. The follow-up to the birth of the convention for member countries is by ratifying it by making national regulations into Laws or Presidential Decrees. The Presidential Decree as the legal standing of corruption law politics, especially to obtain money as state income, is very useful, especially since the world is currently in a crisis. What is the state policy in returning corruption assets abroad? What form of legal efforts are effective and systematic in returning corruption proceeds? The research approach is taken comprehensively descriptively by using literature as a basis for research. The state policy since 2006 began with the ratification of existing regulations and the formation of regulations for the elimination of taxes to facilitate the return of funds to the country, forming a task force for the return of former BLBI assets to the formation of regulations for the confiscation of assets from corruption.
Legal Liability of Electronic Money Corruption as a Crime of Origin of Money Laundering Crime Ritonga, Arifin Said; 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 Sirait, Goncalwes; Mansar, Adi; Wajdi, Farid
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
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; Mansar, Adi; Perdana, Surya
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.