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All Journal Pancasila and Law Review Journal Evidence Of Law PENA LAW: International Journal of Law Advances In Social Humanities Research Jurnal Penelitian dan Pengkajian Ilmiah International Journal of Contemporary Sciences (IJCS)
Hasibuan, Fauzie Yusuf
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Advances In Social Humanities Research

 1 
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

Abstract

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

Abstract

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

Abstract

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.
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

Abstract

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

Abstract

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.
Co-Authors Alamsyah, Sakti Arief, Syamsul Christian, Ronald Darodjat, Tubagus Achmad Dera, Alfa Dwikora, Buyung Hakim, Nur Kadapi, Resmen Kristiawanto , Kristiawanto Kristiawanto, Kristiawanto Lilik Mulyadi Poloan, Khairil Rangsimanop, Pattharawadee Rattanapun, Supot Reinhard R. S, Andra Romie, Romie Rungsimanop, Phattarawadee Shodiq, Md. Suganda, Atma Suryaman, David Harmaen Sutrisno, Sutrisno Wibowo, Basuki Rekso Wondal, Nancy Syavois Allen