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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Humani (Hukum dan Masyarakat Madani) Jurnal Ius Constituendum Journal of Education, Humaniora and Social Sciences (JEHSS) Jurnal Ilmiah Penegakan Hukum PALAR (Pakuan Law review) Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Syntax Transformation Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah Nommensen Journal of Legal Opinion Jurnal Hukum PATIK JHCLS Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Legal and Cultural Analytics (JLCA) Journal of Law, Poliitic and Humanities Bacarita Law Journal Jurnal Ilmu Hukum Aurelia: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia Mamangan Social Science Journal Golden Ratio of Data in Summary JUDGE: Jurnal Hukum Priviet Social Sciences Journal Indonesian Journal of Advanced Research (IJAR) Indonesian Journal of Law and Justice Anayasa Journal of Accounting Law Communication and Technology SASI International Journal of Law, Crime and Justice Journal of Health Education Law Information and Humanities
Martono Anggusti
Universitas HKBP Nommensen
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences

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Criminal Liability of Perpetrators of Extortion Crimes Using Escort and Security Services as a Mode for Container Trailer Truck Transport Fleets (Study of Decision No. 952/PID.B/2021/PN.JKT.UTR) Johansen E.H.Hasugian; Martono Anggusti; Lesson Sihotang
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13864

Abstract

The phenomenon of crime occurs every day and is experienced by Indonesian society, such as mugging, armed robbery, theft, robbery, assault, rape, murder, and youth brawls, which are known as street crimes. One of the cases that often occurs is extortion. The crime of extortion can occur anywhere and anytime, harming the victim and society. Therefore, extortion perpetrators are given severe sentences to provide a deterrent effect. Extortion is an act that aims to benefit oneself by using violence or threats so that the victim gives something. This crime violates legal norms and has a detrimental impact on the victim, so it requires legal resolution. This study uses a normative legal method with a statute approach, a fact approach, and a case approach. Based on Decision No. 952/Pid.B/2021/PN Jkt.Utr, the judge determined extortion as a crime that meets the objective and subjective elements in Article 368 of the Criminal Code. Further analysis is needed to understand the judge's considerations and the application of the principle of justice in the decision.
The Company's Responsibility Regarding Unilated Termination That Impact On Workers' Rights Is Reviewed From Law No. 6 of 2023 Concerning Job Creation Prayusti Sarah Simarmata; Martono Anggusti; Jinner Sidauruk
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1266

Abstract

Layoffs refer to the termination of the employment relationship between employers and workers, which can occur for various reasons. When an employment contract ends due to the expiration of the agreed-upon term, it typically does not cause problems for either party, as both are aware of the end date and can prepare for the change. However, layoffs resulting from disruptions or unforeseen circumstances have a significant impact on both parties, especially workers, who often hold a weaker economic position compared to employers. A key element of legal protection against unilateral layoffs is the presence of an effective conflict resolution mechanism. This study aims to examine the responsibility of companies in unilaterally terminating employees, focusing on their obligation to provide workers' rights and the implementation of these provisions under Law No. 6 of 2023. The research utilizes a normative legal approach with a focus on statutory regulations. Legal sources include the Employment Law as primary material, scientific literature and books as secondary sources, and dictionaries as tertiary materials. Data analysis was conducted qualitatively, drawing on theoretical studies involving legal principles, concepts, and rules.
Legal Analysis of the Responsibility of Expedition Companies X to Service Users Goods that are Damaged or Lost During Stacking in the Stacking Field Richa Yohana Rusli Siahaan; Martono Anggusti; Jinner Sidauruk
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1278

Abstract

Sea transportation plays a very important role in international trade as one of the main components in the process of distributing goods. Nonetheless, the losses incurred in sea transportation activities are often greater than the losses caused by the transportation process itself, such as damage, shortages, and loss of goods that can occur during the process of unloading goods at the port by freight forwarding companies by sea. This study aims to analyze the limits of obligations and legal relationships between freight forwarding companies, carriers, and sea freight forwarding companies in the context of sea transportation activities. Using a normative legal research methodology, this study utilizes legal resources that include relevant laws and regulations as well as applicable court decisions, with a legislative approach and a case approach. The results of this study show that, first, the limitation on the responsibility of the expedition company regulated in Article 87 of the Commercial Code (KUHD), as well as the limitation of the carrier's liability regulated in Article 40 and Article 41 of Law Number 17 of 2008 concerning Shipping, unlawful acts under Article 1365 of the Civil Code, and the responsibility of the sea transportation expedition company in terms of providing convenience, licensing, supervision, and the implementation of order in sea transportation activities, as stipulated in Cassation Decision Number 2665 K/Pdt/2022 which corroborates the decision of the Medan District Court in case Number 728/Pdt.G/2016/PN.Mdn, is in accordance with and includes legal objectives which include legal certainty, justice, and benefits for all parties involved.
Peran Bidang Intelijen Kejaksaan Negeri Pematangsiantar Dalam Penegakkan Hukum Sesilia, Paskah; Anggusti, Martono
Bacarita Law Journal Vol 5 No 2 (2025): April (2025) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v5i2.17722

Abstract

The Intelligence Division of the Pematangsiantar District Prosecutor's Office plays a key role in supporting leadership by conducting investigations, ensuring security, and mobilizing resources to prevent criminal activities. Research on its role highlights its legal and structural significance, analyzed using normative-juridical methods. Operating under the Attorney General's leadership, which oversees seven Deputies, a Training and Education Agency Head, and 33 Provincial Prosecutor’s Offices, the division supports law enforcement efforts nationwide.Law Number 11 of 2021 underscores the Attorney General's Office as a central and strategic institution for national resilience, acting as a mediator between investigations and court proceedings, as well as executing court decisions. The Intelligence Division is supported by national intelligence agencies, which provide operational assistance in investigations, security, and data management, alongside technological advancements to enhance intelligence capabilities and ensure effective law enforcement.
Kontribusi Magang Terhadap Pengembangan Ketrampilan Hukum (Studi Kasus Di Kantor Pengacara Tri Wira Justitia) Chindy Afrilia; Martono Anggusti; Yosua Tahyudi R. Panjaitan
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 7, No 2 (2024): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jehss.v7i2.2417

Abstract

Internship programs have an important role in developing law students' practical skills, especially in preparing them to enter the professional world. This research aims to explore the contribution of internships at Tri Wira Justitia Law Firm to the development of students' legal skills. The method used is a qualitative case study with interviews, observation, and document analysis as data collection techniques. The results showed that the internship program provided significant improvements in case analysis skills, legal document drafting, professional communication, as well as understanding of legal ethics. In addition, the internship also strengthened time management and conflict handling skills. In conclusion, the internship at Tri Wira Justitia Law Firm made a great contribution in preparing students for the world of legal work.
Corporate Social Responsibility Legal Framework in Southeast Asia: Comparing Indonesia, Malaysia, and Thailand Anggusti, Martono; Dewi Siregar, Fitri Yanni; Chansrakaeo, Ruetaitip
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2984

Abstract

Introduction: Corporate Social Responsibility (CSR) has evolved over time, reflecting changes in corporate thinking and practices regarding their relationships with society and the environment.Purposes of the Research: This research aims to analyze the regulation and implementation of CSR in Indonesia to compare it with CSR regulations in other Southeast Asian countries, namely Malaysia and Thailand.Methods of the Research: This research is a normative legal study that emphasizes a conceptual and legislative approach.Results of the Research: The development of the concept of CSR began in the 18th century by Robert Owen, who provided facilities for employees. CSR rapidly evolved in the 20th century, with large companies in the US establishing social departments. Milton Friedman's thinking about profit as the primary goal of business and John Elkington's concept of the "triple bottom line" also influenced the development of CSR. CSR functions as the moral responsibility of companies towards society and the environment, implemented through transparency, ethics, and responsible business decisions. In Indonesia, CSR has been regulated by law since 2007, with the aim of improving the quality of life and supporting sustainable development. A comparison of CSR regulations in Indonesia, Malaysia, and Thailand shows that although their goals are similar, namely to encourage corporate contributions to social and environmental development, their approaches differ. Indonesia implements strict legal obligations, Malaysia combines voluntary elements with supportive regulations, while Thailand prioritizes a cultural and voluntary approach with government recognition. Thailand is recognized as the best example in the implementation of CSR in ASEAN, with a higher quality of implementation compared to other countries.
Legal Responsibility of Buyers to Sellers Who Suffer Losses Due to Default in Online Sales and Purchase Agreements Based on Law No. 8 of 1999 Concerning Consumer Protection Sinuhaji, Yefta Loviga; Anggusti, Martono; Gultom , Meli Hertati
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15093

Abstract

Online buying and selling is the process of buying and selling goods or services transactions carried out through electronic media, especially using the internet network, without a direct meeting between the seller and the buyer. This study aims to analyze the form of buyer default in online buying and selling transactions and examine the legal responsibility of buyers towards sellers who suffer losses, based on the provisions of Law Number 8 of 1999 concerning Consumer Protection and the Civil Code. To examine the application of legal norms in judicial practice through case studies, and to contribute to the development of civil law, especially in terms of justice, legal certainty, and balance of protection between sellers and buyers in electronic transactions. The method of collecting data is carried out through library research. Researchers collect legal data from books, articles, journals, documents, and other scientific sources. The research results show that buyers are legally responsible for losses suffered by sellers due to their default. The 1999 Law on Consumer Protection provides a strong legal basis for enforcing buyers' legal liability against sellers who suffer losses due to their default.
Legal Protection for Children as Victims of Human Trafficking (Study of Decision Number 98/Pid.Sus/2020/Pn.Kot) Sihombing, Freean Gabriel; Anggusti, Martono; Gultom, Meli Hertati
Journal of Legal and Cultural Analytics Vol. 4 No. 3 (2025): August 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i3.15236

Abstract

Criminal acts are a significant concern for the surrounding community and require swift and appropriate handling to overcome them. The crime of human trafficking is a form of denial of the fundamental human status as a legal subject. It also results in cases of humanism that certainly degrade the dignity of humans as social beings. Indonesian law has a complex framework in protecting children from all forms of exploitation and crime, including the Crime of Human Trafficking (TPPO). Within the Indonesian legal system, there are various regulations designed to protect children's rights and provide protection against crimes that threaten their safety. This study uses a normative legal method with a statute approach, a fact approach, and a case approach. Based on the problem in this study, which discusses the Implementation of Legislation in the Protection of Child Victims of Trafficking, the Judge's Consideration in Imposing Sentences in Decision Number 98/Pid.Sus/2020/PN.Kot. Further analysis is needed to understand the judge's considerations and the application of the principle of justice in the decision.
ANALISIS HUKUM BISNIS TERHADAP UNDANG-UNDANG CIPTA KERJA DALAM INDUSTRI KELAPA SAWIT (Sengketa Perizinan Pasca Implementasi OSS-RBA) Situmorang, Olyhabana; Anggusti, Martono; Sidauruk, Jinner
Jurnal Syntax Transformation Vol 6 No 8 (2025): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v6i8.1104

Abstract

The palm oil industry is a strategic sector for the Indonesian economy, but in practice it often faces various problems, particularly related to licensing, which triggers conflicts. In response, the government passed the Job Creation Law, which introduced the Online Single Submission Risk-Based Approach (OSS-RBA) system to simplify regulations and accelerate the licensing process. This study aims to conduct a legal business analysis of the implementation of the Job Creation Law and its impact on licensing disputes in the palm oil industry following the implementation of OSS-RBA. Using a legal research approach, the analysis focuses on the gap between legal norms and their implementation in practice. The results of the study show that although the OSS-RBA is normatively intended to provide legal certainty and efficiency, in reality, the implementation of this system has actually led to new licensing disputes. The main problems identified include a lack of data synchronization between the central and regional governments, inadequate facilities and infrastructure, and insufficient human resources. Furthermore, this system is considered to weaken environmental control instruments and minimize public participation, as evidenced in cases where the participation of indigenous peoples is merely symbolic. This creates a gap between the administrative legitimacy obtained through the system and the socio-legal reality in the field. It is concluded that the effectiveness of the Job Creation Law in resolving disputes is highly dependent on strong implementation support. Therefore, comprehensive institutional reform is needed, including strengthening data interoperability across agencies, establishing a unified oversight body, and harmonizing central-regional regulations. This reform must be grounded in the spirit of achieving substantial justice that balances economic rights with social and environmental responsibilities, not merely procedural efficiency.
Analysis of Dispute Resolution Over Control of Forest Areas into Oil Palm Plantations Siahaan, David Pandapotan; Anggusti, Martono; Siregar, Ria Juliani
Indonesian Journal of Advanced Research Vol. 4 No. 9 (2025): September 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijar.v4i9.15419

Abstract

The expansion of oil palm plantations in Indonesia over the past two decades has significantly contributed to national economic growth, particularly in terms of foreign exchange earnings and employment. However, many plantations have been established within forest areas without valid forestry permits, creating overlapping land tenure and complex legal issues. In this research, the term forest occupation refers to the factual condition in which business actors have settled and cultivated forest areas. The inconsistency between legal maps (de jure) and field realities (de facto) has placed thousands of oil palm plantation actors, both individuals and corporations, in a “grey area” of law. To address this issue, the government enacted Law No. 6 of 2023 (Job Creation Law), which introduced Articles 110A and 110B as administrative mechanisms for legalization and fines. However, the issuance of Presidential Regulation No. 5 of 2025 introduced a new approach through the establishment of the Forest Area Enforcement Task Force (Satgas PKH) involving the military, police, and the Attorney General’s Office, with powers to evict land and impose criminal sanctions—later supported by Ministerial Decree No. 36 of 2025. This policy is considered to violate the constitutional rights of business actors and disregard the principle of lex superior derogat legi inferiori, which holds that lower regulations must not contradict higher laws. This study employs both normative and empirical legal approaches to analyze the normative conflict between regulations. The findings highlight that resolving forest occupation disputes by oil palm enterprises must prioritize the principles of legality, substantive justice, reinforcement of due process of law, and transparency through the One Map Policy to ensure legal certainty and protection for bona fide business actors.
Co-Authors Abdulrahman Sama-alee Adira Sitanggang Agusmidah Agusmidah Aritonang, Topan Billers Ayu Margareth R. Sitinjak Binsar Manogu Tua Butar, Edgar Butar Canryfay Elisabet Lumban Gaol Chansrakaeo, Ruetaitip Chindy Afrilia Christina N.M Tobing Collin Powel Hutabarat, Collin Powel Hutabarat Cyntia Vebrina Simamora Daniel Fransisco Rossi Daniel Sitohang Debora Debora Debora Debora Debora Debora Tambunan Debora Tambunan Debora, Debora Devi Panggabean, Azra Sri Dina Mayasari Sinaga Dwi Natalia Martama Hutabarat Esther, July Fithriatus Shalihah Fitri Yanni Dewi Siregar Fx. Rocky Corrado Sitepu, Rocky Ginting, Ekel Tuahta Gultom , Meli Hertati Gultom, Jeges Imanuelita Gultom, Meli Hertati Haposan Siallagan Haryono, Fadillah Herlina Manullang hisar sitohang Hutabarat, Dwi Natali M Hutabarat, Dwi Natalia Martama Hutagalung, Jordy William Hutauruk, Rahel inro Sitindaon Intan Mayasari Hutabarat Irfandy H Simanungkalit Janpatar Simamora Januari Sihotang, Januari Jeki Saroha Tamba Jinner Sidauruk Jinner Sidauruk Johansen E.H.Hasugian Jordy William Hutagalung Joyce Vania Sarumaha Juita Manalu Krisdian Rizki Havana Ndraha Lesson Sihotang Lesson Sitohang Lingga, Ebenni Lista Ade Sumiati Bondar Lumbantoruan, Abram Andriano Samapta Manalu, Juita Mantoma Tawanda Daeli Manurung, Berliana Feronika Manurung, Gydeon Irmawan Manurung, Oktavia Manurung, Rosa Marbun, Putra Hasian Marnipera Ngerika Sihombing Masni Purba Mayca, Ofelica Ruth Meli Hertati Gultom Mokosoina Ntuacademy Nababan, Natal Frantomas Nababan, Roida Nainggolan, Doni Fernando Ndraha, Krisdian Rizki Havana Nelson Manalu Nola Putra E. C Simanungkalit Olyhabana Situmorang Pakpahan, Joel Fredly Panggabean, Azra Panjaitan, Yosua Tahyudi Prayusti Sarah Simarmata Purba, Masni Rahmat Tri Andika Debataraja, Rahmat Rajali H. Aji Ria Juliana Siregar Richa Yohana Rusli Siahaan Risky, Rosiana Agnes robin panjaitan Roida Nababan Roida Nababan Roma Cita Sibatuara Rosiana Agnes Rizky Sagala, Wilson Samuel F. B. Situmorang Sesilia, Paskah Siahaan, David Pandapotan Siahaan, Lestari Siahaan, Richa Yohana Rusli Siburian, Lamhot Efriskon Sidauruk, Jinner Sihombing, Freean Gabriel Sihombing, Sherina Elizabeth Sihotang, Lesson Silalahi, Jonathan Agung Simandalahi, Eli Simandalahi, Eli Ristiana Simanjuntak, Iona Febrina Simanungkalit, Irfandy H Simarmata, Prayusti Sarah Simatupang, Jeprita Simatupang, Riris Simbolon, Krisna Uli Sinuhaji, Yefta Loviga Sipahutar, Pitra Regina Siregar, Jos Siregar, Ria Siregar, Ria Juliani Sitanggang, Adira Sitepu, Editama Joremia Sitorus, Bethsaidah Situmorang, Olyhabana Sivakkar, Sarsaralos Sonya Lorensa Sirait Sovia Febrina Tamaulina Simamora Sumiati Bondar, Lista Ade Tampubolon, Putri Melani Tarigan, Stevani Turnip, Yuni Arta Uton Utomo Veronika Waruwu Wilson Sagala Yansen Anggusti Yosua Tahyudi R. Panjaitan