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Reflecting Pancasila in Environmental Crimes Enforcement: Diffusing Values to Indonesia’s Laws Arief, Syamsul; Hasibuan, Fauzie Yusuf; Mulyadi, Lilik
Pancasila and Law Review Vol. 5 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v5i1.3457

Pancasila and the 1945 Constitution play crucial roles in shaping Indonesia's governance, societal values, and legal framework, particularly in safeguarding the right to a clean and healthy environment. However, environmental destruction persists due to inadequate corporate accountability enforcement and systemic flaws. Hence, the article examines Indonesia's regulatory approach to holding corporations accountable for environmental crimes through the lens of Pancasila. It explores how Pancasila's principles influence environmental regulations, emphasizing nature harmony, fair treatment, and social justice. Effective enforcement aligned with these principles can promote sustainable development and environmental protection. Challenges like regulatory gaps and corruption need addressing. Building an optimal framework entails integrating Pancasila values into preventive and punitive measures, ensuring transparency, community participation, and fair enforcement. Success hinges on robust legal structures and public involvement, with initiatives like corporate collaboration, transparency, and strict liability enforcement. Implementation requires the establishment of mechanisms such as an Environmental Court and community oversight for victim recovery. This article uses a normative approach elaborated through a conceptual and statute approach.

OVERLAPPING MARITIME SECURITY: CHALLENGES AND OPPORTUNITIES FOR INVESTMENT IN INDONESIA'S EXCLUSIVE ECONOMIC ZONE: OVERLAPPING MARITIME SECURITY: CHALLENGES AND OPPORTUNITIES FOR INVESTMENT IN INDONESIA'S EXCLUSIVE ECONOMIC ZONE Dwikora, Buyung; Hasibuan, Fauzie Yusuf; Rattanapun, Supot
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.186

This study examines the state's responsibility in ensuring investment security within Indonesia's Exclusive Economic Zone (EEZ), analyzing the roles of law enforcement officials and security institutions. The research highlights the importance of a stable regulatory framework and effective maritime security measures to foster a conducive environment for both domestic and foreign investors. It identifies the challenges posed by overlapping authorities among various agencies, which can lead to inconsistent law enforcement and uncertainties that discourage investment. By reviewing relevant laws, regulations, and institutional frameworks, the study emphasizes the need for improved coordination among maritime security agencies, enhanced surveillance technologies, and a comprehensive legal framework. The findings suggest that addressing these challenges will not only protect national interests but also promote investor confidence, unlocking the economic potential of Indonesia's EEZ in sectors such as fisheries, energy, and maritime transportation. Ultimately, this research contributes to a deeper understanding of the intersection between maritime security and investment opportunities, providing valuable insights for policymakers and stakeholders involved in Indonesia's maritime governance.

PRINCIPLES OF DISCLOSURE AND DIRECTORS' LIABILITY FOR CAPITAL MARKET OFFENCES: PRINCIPLES OF DISCLOSURE AND DIRECTORS' LIABILITY FOR CAPITAL MARKET OFFENCES Poloan, Khairil; Hasibuan, Fauzie Yusuf; Darodjat, Tubagus Achmad
PENA LAW: International Journal of Law Vol. 2 No. 3 (2025): JANUARY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i3.201

This study aims to analyse the liability of directors for violations of the principle of information disclosure in the Indonesian capital market, with a focus on the implementation of information transparency obligations and the legal impact arising from such violations. This research also examines the application of the principles of Good Corporate Governance (GCG) in information management and the role of organ theory in regulating the responsibility of directors. The results show that violations of the principle of information disclosure can lead to administrative, criminal, and civil sanctions that harm the company's reputation and the integrity of the capital market. In addition, weak GCG implementation in information management increases the risk of violations. This study suggests strengthening regulations and law enforcement related to information disclosure as well as strengthening supervision of the implementation of GCG principles.

LEGAL PROTECTION FOR CONSUMERS IN E-COMMERCE TRANSACTIONS IN INDONESIA: CONTRACT VALIDITY AND DISPUTE RESOLUTION EFFECTIVENESS ALAMSYAH, SAKTI; HASIBUAN, FAUZIE YUSUF
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i1.220

This study explores consumer protection in Indonesia’s e-commerce transactions, focusing on contract validity and the effectiveness of dispute resolution mechanisms. Standardized contracts in e-commerce often limit consumers' ability to negotiate terms, placing them in a weaker position. Analysis of existing laws, including the Indonesian Civil Code, Consumer Protection Law, and the Electronic Information and Transactions (ITE) Law, indicates that current regulations inadequately protect consumers in digital transactions. Additionally, the role of the Consumer Dispute Settlement Body (BPSK) is assessed, revealing jurisdictional and capacity challenges, especially in cross-border cases. To improve consumer protection, this study recommends regulatory reforms requiring seller verification, accurate product information, enhanced BPSK authority, and improved consumer education. These steps are essential to foster a safer, fairer, and more transparent e-commerce environment in Indonesia, aligning legal protections with the rapid growth of digital commerce.

Reconstruction of The Settlement of Misdemeanor Crimes by The Prosecutor's Office Through Restorative Justice Romie, Romie; Hasibuan, Fauzie Yusuf; Kristiawanto, Kristiawanto
Advances In Social Humanities Research Vol. 3 No. 4 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i4.428

Narcotics abuse remains a major challenge within Indonesia's criminal justice system, where a punitive approach emphasizing imprisonment still dominates over rehabilitation strategies. Although Restorative Justice offers a more humane alternative by prioritizing recovery and social reintegration, its implementation faces various obstacles, including regulatory inconsistencies, lack of rehabilitation facilities, limited understanding among law enforcement officials, and persistent social stigma against abusers. This study aims to analyze the effectiveness of Restorative Justice in narcotics abuse cases and propose regulatory reconstruction to strengthen rehabilitation-oriented resolutions. Employing a normative juridical method combined with an empirical approach, the research examines relevant legislation, court decisions, and field practices. The findings reveal a gap between regulatory frameworks, such as Law No. 35/2009, and progressive policies like Attorney General Regulation No. 18/2021, resulting in uneven application of Restorative Justice. Furthermore, limited infrastructure and social perceptions hamper recovery efforts. This study recommends harmonizing narcotics regulations, enhancing coordination among law enforcement agencies, expanding rehabilitation facilities, providing specialized training on restorative approaches, and promoting public education to reduce stigma. With comprehensive reforms, Indonesia’s criminal justice system can become more effective, balancing legal certainty with the principles of substantive justice, and offering a humane solution to narcotics abuse through a recovery-oriented model.

Reconstruction of Business Competition Law Policy Against Well-Meaning Perpetrators in Cartel Cases: A Substantive Justice And Proportionality Approach Sutrisno, Sutrisno; Wibowo, Basuki Rekso; Hasibuan, Fauzie Yusuf
Advances In Social Humanities Research Vol. 3 No. 5 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i5.439

Law enforcement against cartel practices in Indonesia continues to face challenges in upholding substantive justice. The prevailing per se illegal approach tends to treat all business actors involved in a cartel structure equally, without considering their intent, position, or degree of involvement. This results in disproportionate sanctions being imposed on business actors who lack malicious intent or who are merely performing administrative functions. This study aims to analyze the form of legal protection for good-faith business actors involved in cartel cases and to formulate the direction of a more just and proportional competition law policy. The research employs a normative juridical approach, using literature review, analysis of statutory regulations, decisions from the Indonesian Business Competition Supervisory Commission (KPPU), and comparative studies with other jurisdictions. The findings reveal the necessity of distinguishing between principal and passive actors, applying a tiered liability system, and providing legal defenses based on intent and actual contribution. This reconstruction is expected to enhance the legitimacy of competition law enforcement and foster a fair and balanced business climate.

Dominus Litis Restorative Model: Reconstruction of the Role of the Prosecutor in Criminal Procedure Law Against Perpetrators with Mental and/or Intellectual Disabilities Dera, Alfa; Hasibuan, Fauzie Yusuf; Kristiawanto , Kristiawanto
Advances In Social Humanities Research Vol. 3 No. 7 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i7.463

This study aims to examine and formulate a restorative justice-based concept to strengthen the role of prosecutors as dominus litis in criminal procedure law concerning offenders with mental and/or intellectual disabilities (PMID). Despite Indonesia’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD), the current criminal procedure system remains formalistic and fails to provide equitable legal protection for vulnerable groups. Using a normative juridical method combined with doctrinal and comparative approaches, this study analyzes relevant laws, practices, and empirical data. Findings reveal that prosecutors currently act merely as procedural agents for court referral, with no legal discretion to divert or dismiss cases restoratively. The absence of judicial-health assessments and lack of interdisciplinary collaboration result in discriminatory prosecution of mentally disabled offenders. This research proposes a restorative dominus litis model, integrating prosecutorial discretion, forensic mental health assessments, and legal mechanisms for restorative case resolution. The model supports the reform of Indonesia’s criminal procedure law toward a more inclusive, humane, and rights-based justice system.

Implementasi Putusan PKPU Oleh Pengadilan Niaga terhadap Pihak yang Masih dalam Sengketa Keperdataan Christian, Ronald; Hasibuan, Fauzie Yusuf; Hakim, Nur
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 8 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i8.1661

This thesis aims to: 1) Analyze and examine the legal basis of the Commercial Court in deciding Suspension of Debt Payment Obligation (PKPU) cases involving debtors still engaged in civil disputes in the District Court. 2) Analyze and examine the legal certainty for debtors whose PKPU is granted, particularly regarding agreements still subject to civil disputes outside the PKPU process. This study employs normative legal research, connecting the research with prevailing laws and regulations. The findings of this thesis are: 1) The judicial considerations in Decision No. 45/Pdt.Sus-PKPU/2023/PN Niaga Mdn embrace the principle of simple proof despite the complexity of debts involved in civil disputes. This decision demonstrates that, unlike bankruptcy, PKPU aims for swift debt restructuring and peaceful settlement. This is reflected in the judge's rejection of in personam disqualification and absolute competence exceptions, alongside the affirmation of the "Lex Specialis Derogat Lex Generalis" principle. The core of the judge's consideration involves a flexible interpretation of "simply proven debt" (Article 8 paragraph (4) of the Bankruptcy Law), accepting complex contractual debts through implied admission, and utilizing final and binding court decisions as strong evidence. The legal implications of this ruling include setting aside detailed civil disputes for the sake of PKPU speed and strengthening creditor protection, thereby establishing a pro-restructuring precedent, despite potentially creating future conflicts of norms or overlapping jurisdictions. In this case, the Commercial Court functions as a "gateway" to debt restructuring, rather than a forum for in-depth substantive dispute resolution. 2) PKPU Decision No. 45/Pdt.Sus-PKPU/2023/PN Niaga Mdn provides pragmatic legal certainty for debtors amidst civil disputes, emphasizing the objective of expedited debt restructuring as opposed to bankruptcy liquidation. The Commercial Court consistently rejects formal exceptions and upholds its absolute jurisdiction based on the "Lex Specialis Derogat Lex Generalis" principle. The essence of the decision lies in a flexible interpretation of "simply proven debt" (Article 8 paragraph (4) of the Bankruptcy Law), accepting complex debts from valid agreements through implied admission, and recognizing final and binding court decisions as strong evidence. This indicates that the Commercial Court sidesteps detailed civil disputes for procedural efficiency. Consequently, this ruling strengthens creditor protection and fosters a pro-restructuring precedent, although it might lead to potential conflicts of norms if underlying disputes are decided differently in the future. The role of the Administrator and Supervisory Judge is crucial in ensuring procedural fairness. Overall, the Commercial Court serves as a "gateway" for restructuring, rather than an in-depth substantive dispute resolution forum.

The Role of Corporate Accountability in Reducing State Revenue Losses Due to Tax Avoidance and Tax Evasion Suryaman, David Harmaen; Hasibuan, Fauzie Yusuf; Suganda, Atma
Advances In Social Humanities Research Vol. 3 No. 10 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i10.486

Corporate tax avoidance and evasion significantly undermine state revenue. In Indonesia, although corporations are legally recognized as criminal subjects, enforcement remains weak, as liability is often imposed on individual executives rather than on the corporation itself. This study aims to analyze forms of corporate accountability in cases of tax avoidance and evasion and to assess the effectiveness of its application in reducing state revenue losses. This study employs a juridical-normative approach combined with comparative and empirical analysis. National and international legal sources, academic literature, judicial decisions, and data from the Directorate General of Taxes are examined to assess the effectiveness of corporate liability in reducing the tax gap. Findings reveal that weak enforcement encourages corporations to treat tax non-compliance as a rational cost-benefit decision. In contrast, experiences in the UK and Australia show that robust liability regimes, including Deferred Prosecution Agreements and reputational sanctions, significantly improve corporate tax compliance. The study contributes academically by strengthening the discourse on corporate criminal liability in taxation, and practically by offering policy recommendations to enhance Indonesia’s fiscal regime through proportional sanctions, reputational mechanisms, and stronger inter-agency coordination.

Strengthening Responsive Mechanisms for the Protection of Witnesses and Victims in the Indonesian Criminal Justice System Kadapi, Resmen; Hasibuan, Fauzie Yusuf; Shodiq, Md.
Advances In Social Humanities Research Vol. 3 No. 10 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i10.487

Witness and victim protection is a vital element of the criminal justice system, yet in Indonesia it continues to face significant challenges. Although the legal framework is established under Law No. 13/2006 as amended by Law No. 31/2014, the implementation remains partial and reactive, with an emphasis on physical safeguards only. This study adopts a normative juridical approach supplemented with limited empirical inquiry to assess the effectiveness of existing mechanisms and to propose a more responsive model. The findings reveal regulatory disharmony with the Criminal Procedure Code, limited institutional capacity of the Witness and Victim Protection Agency (LPSK), and weak fulfillment of victims’ rights, including compensation and psychosocial recovery. These shortcomings contribute to secondary victimization and undermine the legitimacy of the justice system. Comparative insights from the United States, Australia, and the Philippines demonstrate that responsiveness can be enhanced through institutional innovation, early-warning mechanisms, and cross-agency coordination. This study underscores the urgent need for reform toward adaptive and comprehensive protection, while reinforcing the relevance of responsive law and victimology in ensuring substantive justice for witnesses and victims.

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