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All Journal Jurnal Studia Legalia Annual Review of Legal Studies The Digest: Journal of Jurisprudence and legisprudence
Indraswara, Dede
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Law, Crime, Criminology & Criminal Justice

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Legal Assistance and Penal Mediation in Theft Cases Involving Physical Altercations: Enhancing Pancasila Values in Kenteng Village: Bantuan Hukum dan Mediasi Pidana dalam Kasus Pencurian dengan Kekerasan Fisik: Penanaman Nilai-Nilai Pancasila di Desa Kenteng Arifin, Ridwan; Riyanto, R. Benny; Fibrianti, Nurul; Karsinah, Karsinah; Ananta, Bintang Rafli; Zainurohmah, Zainurohmah; Indraswara, Dede; Sulaksmi, Galih Niken Anggoto
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.13199

Abstract

Cases of theft leading to altercations pose significant legal and social challenges that require effective resolution strategies. In Kenteng Village, such incidents frequently escalate into prolonged conflicts between perpetrators and victims. This study aims to evaluate the effectiveness of legal assistance in theft cases through penal mediation, with a focus on reinforcing Pancasila values ​​at the village level. A qualitative approach with an in-depth case study methodology was employed. Data were collected through interviews with perpetrators, victims, authorities, and mediators, as well as document analysis. The study investigates how legal assistance and penal mediation can facilitate conflict resolution while supporting the application of Pancasila values ​​in the case resolution process. The findings reveal that integrated legal assistance and penal mediation can reduce tensions between disputing parties and increase the likelihood of peaceful resolution. Penal mediation, involving a third-party mediator, enables constructive dialogue and fair settlements, considering the interests of both parties. The reinforcement of Pancasila values, such as social justice, humanity, and unity, proves effective in fostering mutual respect and tolerance within the village community. In conclusion, legal assistance and penal mediation not only address legal disputes but also strengthen Pancasila values ​​within the community. Recommendations for future research include the development of mediation and legal assistance training programs based on Pancasila values ​​to extend their application to other regions.
PENGAKUAN KOLOM KOSONG (BLANK VOTE) SEBAGAI SURAT SUARA SAH DALAM PEMILIHAN KEPALA DAERAH BERDASARKAN PRINSIP NEGARA HUKUM DEMOKRATIS Hanafi Lubis, Yuda; Fathurozi; indraswara, dede
Journal of Studia Legalia Vol. 5 No. 01 (2024): Journal of Studia Legalia
Publisher : FKPH Universitas Brawijaya

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This study examines the urgency of recognizing the "blank vote" as a legitimate option in regional elections (Pilkada) in Indonesia within the framework of a democratic constitutional state. High abstention rates and the emergence of single-candidate elections in Pilkada indicate a gap between public aspirations and the candidates offered. The blank vote serves as an alternative for dissatisfied voters, allowing them to participate in elections without selecting any candidate. Acknowledging the blank vote can reduce abstention and enhance the quality of democracy by pressuring political parties to better align with public aspirations. Drawing comparisons with practices in other countries, this study proposes reformulating Article 54C(2) of Law No.10 of 2016 to expand the use of the blank vote, including in regions with more than one candidate. This reform aims to strengthen the principles of constitutional democracy, accountability, and inclusivity in Indonesia's regional elections. Keywords: Blank vote, constitutional democracy, Pilkada
Corporate Criminal Liability of Corruption Criminal Actions PT. Sinarmas Asset Management: Study of Supreme Court Ruling Number 1228 K/Pid.Sus/2023 Indraswara, Dede; Masyhar Mursyid, Ali; Wulandari, Cahya
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 2 (2024): The Digest, December 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i2.3984

Abstract

Corporations, as legal entities, can be held criminally liable for corruption offenses under Indonesian law. The legal framework in Indonesia recognizes corporations as subjects of criminal law, as outlined in Law No. 20 of 2001 concerning the Eradication of Corruption Crimes (UU Tipikor). However, there are still gaps in the law, particularly regarding main and additional penalties for corporate entities. The introduction of Law No. 1 of 2023 concerning the Criminal Code (KUHP Nusantara) addresses these shortcomings by providing more comprehensive regulations on corporate criminal liability, particularly for corruption-related offenses. This study employs a qualitative research approach, using legislative analysis, case law examination, and conceptual analysis. The research is doctrinal and juridical-normative, relying on literature studies and document analysis of statutory regulations and court decisions regarding corporate corruption. The study focuses on the corruption case involving PT. Sinarmas Asset Management (PT. SAM), where the corporation was held criminally liable under both the Anti-Corruption Law and the Indonesian Criminal Code. The research reveals that the Indonesian Criminal Code offers more detailed provisions, including additional penalties for corporations convicted of corruption. The case study also highlights significant legal developments in the trial process. Initially, the District Court convicted PT. SAM of corruption, but this verdict was overturned by the Jakarta High Court, which acquitted the company. However, the Supreme Court disagreed with the lower courts and upheld the conviction, continuing to impose penalties on PT. SAM for the mismanagement of unauthorized funds. This case underscores the complexities of corporate criminal liability in corruption cases and the evolving nature of judicial interpretations of corporate accountability in Indonesia.
Co-Authors Ananta, Bintang Rafli Benny Riyanto Cahya Wulandari Fathurozi Hanafi Lubis, Yuda Karsinah - Masyhar Mursyid, Ali Nurul Fibrianti Ridwan Arifin Sulaksmi, Galih Niken Anggoto Zainurohmah, Zainurohmah