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All Journal Humani (Hukum dan Masyarakat Madani) Jurnal Ius Constituendum Pena Justisia: Media Komunikasi dan Kajian Hukum JHCLS Journal of Legal and Cultural Analytics (JLCA) Journal of Law, Poliitic and Humanities HUMANITIS : Jurnal Humaniora, Sosial dan Bisnis International Journal of Law, Crime and Justice
Martono Anggusti
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Religion Humanities Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Legal Reform of Corporate Criminal Liability Model in the National Criminal Code Herlina Manullang; Martono Anggusti; Debora; Binsar Manogu Tua
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.v5i2.1089

Abstract

The National Criminal Code's Criminal Law Reform governs criminal offences perpetrated by, for, and on behalf of the Corporation. Concerning Article 48 of the National Criminal Code, the framework of corporate criminal liability has embraced three models: the Corporation as maker and responsible entity, management as maker and responsible party, and the Corporation as both maker and accountable entity. Simultaneously, imposing fines, supplementary punishments, and sanctions within the National Criminal Code exemplifies utilitarian philosophy, integrating distributive and commutative justice. The practical perspective assesses punishment based on its advantages or utility; in this instance, the punishment aims to deter corporations from engaging in similar actions in the future
Implementation of Corporate Social Responsibility as a Legal Mandatory in Indonesia (Case Study of PT AFC Indonesia) Irfandy H Simanungkalit; Martono Anggusti; Ria Juliana Siregar
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.v5i2.1164

Abstract

This study examines PT AFC Indonesia and how companies should implement Corporate Social Responsibility (CSR) as a legal mandatory in Indonesia. Law No. 40 of 2007 regulates CSR as a moral responsibility. The purpose of this study is to evaluate how PT AFC Indonesia implements CSR and make recommendations for other companies. A qualitative method was used, which was used to analyze documents and interviews. The results show that PT AFC Indonesia improves the quality of life of the community through CSR programs that improve health services, clean water supply, and educational support. The conclusion is that this CSR implementation enhances the company's reputation and supports sustainable development in Indonesia.
Legal Review of the Implementation of Public Information Openness Based on Laws and Internal Regulations at PT Pelabuhan Indonesia (Persero) Regional 1 Joyce Vania Sarumaha; 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.v5i3.1280

Abstract

Public information disclosure is a key factor in building public trust and establishing good governance to ensure transparent and accountable management. This study aims to analyze the implementation of public information disclosure at PT Pelindo Regional 1 in accordance with Law No. 14 of 2008 on Public Information Disclosure, applicable board regulations, and established public information service guidelines. This research employs a normative legal method, focusing on analyzing relevant legislation, complemented by an empirical approach to collect and examine data related to the implementation of public information disclosure at PT Pelindo Regional 1. Data collection techniques include interviews with relevant stakeholders within the company to gain insights into the practical implementation of public information disclosure. The findings reveal that although PT Pelindo Regional 1 has made efforts to fulfill its public information disclosure obligations, challenges remain in delivering information to the public, particularly in terms of public awareness regarding their rights to access information. The study also identifies the categories of information disclosed to the public and information exempted from public disclosure, highlighting the limitations imposed on public access to certain information. Based on these findings, the study provides recommendations to enhance the effectiveness of public information disclosure at PT Pelindo, including increasing public awareness campaigns and strengthening existing public information systems.
Legal Analysis of Criminal Punishment for Perpetrators of Illegal Mining Criminal Acts Resulting in Forest Damage (Decision Number 495/Pid.Sus/2022/PN Kdi) Nola Putra E. C Simanungkalit; Martono Anggusti; July Esther
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.v5i3.1305

Abstract

This research focuses on the analysis of forest damage due to mining activities carried out without permits, which is considered a criminal act. Apart from that, this research also discusses criminal liability and the judge's considerations in imposing penalties related to forest damage caused by illegal mining based on Decision Number: 495/Pid.Sus/2022/PN Kdi. The approach used in this research is normative, involving a statutory approach, conceptual approach, and case approach, as well as utilizing primary and secondary legal sources from literature studies, with prescriptive analysis. From this research, several conclusions were found. Firstly, mining carried out without a permit in the forest is classified as a criminal act of illegal mining which is regulated in Law Number 3 of 2020 which amends Law Number 4 of 2009 concerning Mineral and Coal Mining, especially relating to the management of forest areas without permits as stated in listed in Article 78 paragraph (2) letter , in conjunction with Article 50 paragraph (3) letter a, of Law Number 41 of 1999 concerning Forestry. Second, for criminal liability resulting from misuse of mining business permits which causes forest damage, the sanctions imposed are in the form of prison sentences and fines, which can result in imprisonment for six months and a fine of Rp. 500,000,000.00. If the fine is not paid, it will be replaced by a prison sentence of two months. This is due to the fact that the defendant was legally and convincingly proven to be involved in the act of "taking part in carrying out, using and occupying forest areas illegally".
The Urgency of Law Enforcement Regarding The Existence of Subsidiaries as a Form of Avoidance of Laws Prohibiting Monopoly Practices and Unfair Business Competition Dwi Natalia Martama Hutabarat; 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.v5i3.1314

Abstract

This research analyzes the legal position of subsidiaries in the context of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The main focus of the research is to identify legal loopholes in subsidiary regulations that can be exploited for monopolistic practices and unfair business competition, as well as formulating legal remedies to address them. The research uses a normative juridical method with a case study approach to Lion Group Airlines. The results show that the regulation of group companies, which is still based on the 2007 Company Law with a single company approach, has created legal loopholes that allow monopolistic practices through subsidiaries. This is evident in the Lion Group Airlines case, where discriminatory practices occurred through exclusive agreements between the parent company and its subsidiaries, which harmed other business actors. To address these issues, several legal measures are needed, including: (1) prohibiting manipulation of company organs through corporate actions, (2) establishing a special supervisory body, (3) prohibiting market manipulation through subsidiaries, (4) implementing reversed burden of proof for negative market impacts, and (5) nullifying agreements that result in unfair competition. This research recommends the need for revision of Law No. 5 of 1999 to regulate more comprehensively about monopolistic practices through subsidiaries and strengthen supervision of corporate actions.
Settlement of Corporate Crime with Restorative Justice Approach Manurung, Gydeon Irmawan; Martono Anggusti; July Esther
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.v4i1.13521

Abstract

The resolution of corporate criminal offences with a restorative justice approach is an alternative effort in resolving cases involving corporations, which does not only focus on punishment, but also on restoring relationships between the parties involved, as well as efforts to repair the negative impacts caused by the criminal act. In the corporate context, this means that companies involved in criminal offences are not only subject to legal sanctions, but are also required to take social and moral responsibility for the harm caused, both to individuals, society and the environment. This approach has the potential to improve a company's reputation, minimise long-term social impacts, and encourage more ethical and responsible corporate practices. Restorative justice also provides space for companies to make internal improvements, such as reforming policies and procedures that can prevent the recurrence of similar criminal offences in the future. Thus, the resolution of corporate criminal offences through a restorative justice approach not only provides solutions for victims and perpetrators, but also contributes to the development of a more just and sustainable law.
Legal Protection for Minority Shareholders in Joint Venture Cooperation in Public Companies According to Indonesian Positive Law Krisdian Rizki Havana Ndraha; Martono Anggusti; Sovia Febrina Tamaulina Simamora
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.v4i1.13567

Abstract

This writing aims to explore the Legal Protection of Minority Shareholders. Legal Protection for Minority Shareholders in Joint Venture Cooperation in Public Companies According to Positive Law in Indonesia. The research method that the author uses is the normative legal research method normative research method that focuses on understanding the laws and regulations, legal norms and also legal issues related to this writing. The method This method of writing also uses a conceptual approach, namely collecting all sources and primary legal materials and primary legal materials, where the source of this writing comes from books, legal norms and also legal issues related to this writing. Based on the results of this writing, the author obtained the fact that the regulations governing Joint Venture cooperation in Indonesia are still not clearly or explicitly regulated, especially in the protection of the parties. especially in the protection of the parties involved in the joint venture cooperation. the joint venture cooperation including minority shareholders. With the adangan of the Civil Code Civil Code, Law No. 40 of 2007 Concerning Limited Liability Companies and Law Number 25 Year 2007 on Capital Investment can certainly be utilized by the parties involved in joint venture cooperation. utilized by the pharties involved in joint venture cooperation in order to have a strong legal position before entering into a joint venture agreement. before entering into a joint venture agreement
Legal Protection for Retail Investors in the Use of Financial Technology (FINTECH) Lista Ade Sumiati Bondar; Martono Anggusti; Sovia Febrina Tamaulina Simamora
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.v4i1.13569

Abstract

The rapid development of financial technology (fintech) has brought convenience in various aspects of financial transactions, including for retail investors. Despite providing new opportunities, fintech also presents challenges related to legal protection for retail investors, given the lack of clear regulations and the potential risks of fraud, platform bankruptcy, and financial loss. This study aims to examine the existing legal protection for retail investors in the use of fintech in Indonesia. Using an analytical descriptive approach, this study analyzes the existing regulations, as well as the protection mechanisms provided by the Financial Services Authority (OJK) and Bank Indonesia (BI). The results show that although regulations are in place, there are some gaps that need to be addressed, especially in terms of fintech platform transparency and investor rights. This research suggests the need for strengthened regulation and increased supervision to create a safer and fairer fintech ecosystem for retail investors. One of the main challenges is the difficulty in implementing regulations that are flexible but still provide adequate protection for retail investors, given the many fintech business models that continue to emerge.
Legal Analysis of Contract Change Orders (CCO) Affecting Addendums in Construction Contracts Rosiana Agnes Rizky; Martono Anggusti; Jinner Sidauruk
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.v4i1.13573

Abstract

This study examines the influence of Contract Change Order (CCO) on addendum in a contract, focusing on the legal aspects and practical implications in the implementation of construction projects. CCO is an important instrument that allows changes in the scope, cost, and time of a project, which can lead to the issuance of an addendum. Through a juridical-normative approach and case study analysis of the Diponegoro Street Widening and Overlay project in Sragen, this study found that CCO has significant legal power in influencing addendum. The results show that CCO not only affects the cost and time of implementation but also the quality of the final project results. The addendum process is crucial to ensure that all changes are officially recorded, as well as to maintain compliance with applicable regulations. This study concludes that effective change management through CCO and addendum is key to achieving construction project success.
Implications of Franchise Agreements for Default by Franchisees (Case Study: Decision Number 1064K /PDT/2020) Masni Purba; Martono Anggusti; Roida Nababan
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.v4i1.13576

Abstract

This study aims to analyze the rapid growth of the franchise business in Indonesia, which has prompted the government to regulate and protect the legal relationship between franchisors and franchisees through various regulations, including Government Regulation Number 42 of 2007 and the Ministry of Trade Regulation Number 71 of 2019. A dispute case between PT MYSalon International as the franchisor and Ratnasari Lukitaningrum as the franchisee highlights the challenges in implementing franchise agreements in Indonesia. This research was conducted qualitatively with a case study analysis. The research method used is empirical juridical. The case study analysis and literature review are described in this research. The main challenges in franchise agreements include unclear contract clauses, non-compliance with regulations, lack of trust, and operational difficulties in implementing franchisor standards. The impact of these challenges includes lawsuits, contract termination, and damage to business reputation. Based on civil law principles such as consensualism, freedom of contract, and good faith, this study emphasizes the importance of compliance with regulations and transparency in the implementation of franchise agreements to create justice and business sustainability. The study concludes that harmonizing regulations and simplifying administrative processes are necessary to address the challenges in franchise agreements in Indonesia while promoting healthy and competitive franchise sector growth.
Co-Authors Abdulrahman Sama-alee Adira Sitanggang Agusmidah Agusmidah Ayu Margareth R. Sitinjak Binsar Manogu Tua Canryfay Elisabet Lumban Gaol Daniel Fransisco Rossi Daniel Sitohang Debora Debora Debora Dwi Natalia Martama Hutabarat Esther, July Fithriatus Shalihah Herlina Manullang Irfandy H Simanungkalit Jeki Saroha Tamba Jinner Sidauruk Johansen E.H.Hasugian Jordy William Hutagalung Joyce Vania Sarumaha Krisdian Rizki Havana Ndraha Lesson Sihotang Lista Ade Sumiati Bondar Mantoma Tawanda Daeli Manurung, Gydeon Irmawan Marnipera Ngerika Sihombing Masni Purba Meli Hertati Gultom Nababan, Natal Frantomas Nola Putra E. C Simanungkalit Prayusti Sarah Simarmata Rajali H. Aji Ria Juliana Siregar Richa Yohana Rusli Siahaan Roida Nababan Roma Cita Sibatuara Rosiana Agnes Rizky Sovia Febrina Tamaulina Simamora Tarigan, Stevani