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All Journal Jurnal Impresi Indonesia Journal Of World Science Journal of Comprehensive Science Journal of Social Science Return : Study of Management, Economic and Bussines Jurnal Indonesia Sosial Sains JURNAL RETENTUM Jurnal Greenation Sosial dan Politik
Budianto, Azis
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Pengembalian Kerugian Keuangan Negara Sebagai Strategi Pemberantasan Tindak Pidana Korupsi Budianto, Azis; Rajagukguk, K. Johnson; Santiani Fani, Veranika; Rakhmawaty, Popy
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5407

Abstract

Penelitian ini bertujuan untuk mengevaluasi efektivitas sistem pengembalian kerugian negara dalam tindak pidana korupsi di Indonesia, dengan fokus pada proses pelacakan aset, eksekusi putusan hakim, serta hambatan yang dihadapi oleh Kejaksaan dan lembaga terkait lainnya. Meskipun sudah ada regulasi yang mendukung, tingkat pengembalian kerugian negara masih sangat rendah. Penelitian ini menggunakan metode non-doktrinal dengan pendekatan normatif-empiris, yang mengkaji peraturan perundang-undangan, implementasi hukum, dan praktik di lapangan. Teknik pengumpulan data dilakukan melalui studi hukum untuk menganalisis regulasi yang berlaku, serta observasi terhadap penerapan hukum terkait pengembalian kerugian negara. Hasil penelitian mengidentifikasi kelemahan dalam koordinasi antar lembaga, keterbatasan sumber daya, dan masalah administratif, yang menjadi hambatan utama. Penelitian ini mengusulkan perlunya reformasi untuk meningkatkan efektivitas pengembalian kerugian negara melalui peningkatan koordinasi, transparansi, dan pengawasan.
Reforming the Limits of Discretion and Strengthening the Police Code of Ethics in Achieving Justice in Law Enforcement Widianto, Donny; Budianto, Azis
Jurnal Impresi Indonesia Vol. 3 No. 12 (2024): Indonesian Impression Journal (JII)
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v3i12.5731

Abstract

Effective law enforcement requires clear regulations and high accountability. However, the use of discretion by law enforcement officers often poses a dilemma in maintaining a balance between flexibility and legal certainty. This study aims to analyze the legal regulations governing police discretion and code of ethics in Indonesia and to formulate a reform model to improve justice in law enforcement. This study uses a normative legal method with a legislative and conceptual approach, which examines written legal regulations and the underlying legal concepts. Data were collected from various relevant legal and scientific literature sources. The results of the study indicate that the use of undirected discretion can create injustice and reduce public trust in law enforcement officers. Reforms are needed to limit discretion by strengthening the police code of ethics and implementing clearer legal guidelines. The implications of this study include the development of policies that are more transparent, accountable, and in accordance with the principles of social justice. This reform is expected to increase the professionalism and legitimacy of the police in the eyes of the public.
Implementation of Building Use Rights in State Land Management by Developers Supriyanto, Supriyanto; Budianto, Azis; Santiago, Faisal
Jurnal Impresi Indonesia Vol. 3 No. 12 (2024): Indonesian Impression Journal (JII)
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v3i12.5733

Abstract

Management of state land through Building Rights (HGB) is an important issue in infrastructure development and economic investment in Indonesia. The problems faced include complex bureaucracy, conflicts of interest, and lack of supervision in the implementation of HGB. This study aims to analyze the implementation of HGB in the management of state land by developers and its impact on infrastructure development and economic growth. The research methods include literature studies and policy analysis covering regulations and best practices in the field. The results of the study indicate that effective implementation of HGB can encourage investment, create jobs, and improve access to public facilities. However, challenges such as regulatory complexity and potential conflicts of interest need to be addressed through collaboration between the government and developers. The implications of this study are the importance of implementing transparent governance, clear regulations, and legal protection to ensure sustainable and inclusive management of state land.
Legal Protection of Patients in Clinical Teleconsultation Service Practice Herdiani, Erni; Budianto, Azis
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.379

Abstract

The development of digital technology is growing rapidly, as well as in the world of health. At first, Telemedicine was limited to only among Health Service Facilities as a solution to the challenge of the limited number of specialist/subspecialist doctors at Remote Hospitals in the country. However, after the COVID-19 Pandemic struck, the development of Telemedicine grew rapidly. This needs serious attention, especially in the aspect of legal protection. If the status of the COVID-19 Pandemic is revoked, how will the Legal Arrangements for Clinical Teleconsultation services be? How is Patient Legal Protection in the Practice of Clinical Teleconsultation Services? Methods This research uses a normative juridical method with an inductive conclusion approach. The result is that the existing legal regulation of Clinical Teleconsultation is only limited to the pandemic period and has many things that need to be addressed in its implementation and supervision, especially in terms of protection of patient rights in compliance with the rules and legislation that apply. The government needs to start drafting detailed regulations right away to ensure that patients using clinical teleconsultation services are protected by the law. Especially related to licensing and supervision.
The Fallacies of Deliberate Action: Examining Intent within the Indonesian Criminal Justice Framework Waldo, Risky; Budianto, Azis
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.386

Abstract

This study critically examines the conceptualization, interpretation, and application of intent (mens rea) within Indonesia's criminal justice system, identifying significant fallacies that undermine accurate assessment of mental states in criminal proceedings. Through qualitative analysis of judicial decisions, legal frameworks, and scholarly discourse, the research reveals conceptual incongruities in how intent is defined across different categories of crimes and inconsistently applied in courtroom contexts. The findings demonstrate that Indonesian courts predominantly rely on behavioral indicators as proxies for internal mental states, often overlooking the complex psychological processes that constitute genuine intent. Procedural and evidentiary challenges further complicate intent assessment, with psychological evaluations rarely utilized despite their relevance to mental state determination. Sociocultural and institutional factors—including linguistic variations, cultural diversity, and institutional pressures—introduce additional complexity to intent interpretation, creating potential for systematic biases that do not align with statutory definitions or psychological realities. The study proposes comprehensive reforms to address these fallacies, including revised legal frameworks that incorporate contemporary psychological insights, standardized procedures for psychological evaluation in criminal proceedings, enhanced interdisciplinary training for legal actors, and culturally responsive approaches that recognize diverse conceptualizations of intent while maintaining legal consistency. These reforms would contribute to more accurate assessments of criminal intent and enhance justice outcomes in Indonesia's criminal proceedings.
Absolute Authority Law Review Commission Supervision of Business Competition in Case of Tender “Build Operate Transfer” (Case Study : Commission Decision On Case No. 07/KPPU-L/2012, 16 / KPPU-L / 2014 and No. 01 / KPPU-L / 2015) Karyono; Budianto, Azis
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.389

Abstract

The organization mainly in charge of carrying out Law No. 5 Year 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition (UULPM) is the Business Competition Supervisory Commission (KPPU). In UULPM if explored further turns can still cause a lot of problems, because the arrangements regarding the procedural law are not clear, giving rise to various interpretations and leads to the Commission’s outstanding (absolute) it is necessary to continue the assessment and monitoring so that implementation can be applied properly and effectively. The following factors contributed to the failure of the law's implementation: people who are unaware of law-abiding individuals and law enforcement authorities who enforce the law in an imprecise, ambiguous, and inconsistent manner, the facilities available to suport the implementation of the law is very less. The authority of the Commission are very extensive and outstanding (absolut) contained in UULPM beginning of investigation prosecution until the termination of the case so that the protection of businesses suspected of committing violations can hardly be separated from the law. This can be seen in the decision of cases auction “BUILD OPERATE TRANSFER” at the Commission that the writer used as a case study all unbeaten, even the power of the Commission were outstanding (absolute) can be seen in Article 47, Article 48 an Article 49 UULPM has the authority to bestows the criminal case to the Police.
Legal Protection and Legal Certainty Given by the State to Internship Participants in Employment Relations Sarwono, Edi; Budianto, Azis
Journal Of Social Science (JoSS) Vol 4 No 7 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i7.471

Abstract

This study discusses the legal protection and legal certainty provided by the state to internship participants in employment relations in Indonesia. Although internships aim to improve the competence of prospective workers, their practices are misused by companies as a form of disguised employment relations without fulfilling the normative rights of participants. Through a normative legal approach and analysis of applicable laws and regulations, this study highlights the significance of strict regulations, effective supervision by the Manpower Office, and the need for policy reformulation so that the rights and positions of internship participants are truly protected by law.
Strengthening Know Your Customer (KYC) and Anti-Money Laundering (AML) Policies in the Fintech Industry to Prevent Money Laundering Crimes Rusman, Rusman; Budianto, Azis
Journal of World Science Vol. 4 No. 7 (2025): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v4i7.1446

Abstract

Financial Technology (Fintech) has experienced rapid development and brought innovation to the digital financial system. However, behind the convenience and efficiency offered, fintech also faces serious challenges related to Money Laundering (TPPU). This crime exploits loopholes in regulations and the ease of digital transactions to disguise illegal fund flows. Therefore, it is necessary to strengthen the prevention and law enforcement system against TPPU in the fintech ecosystem. The study aims to analyze the role of fintech in preventing TPPU and review the effectiveness of regulations that have been implemented by the government and financial institutions in Indonesia. The research method used is normative legal research with a statutory approach. The data used consists of primary data, in the form of laws and regulations related to fintech and TPPU, as well as secondary data obtained from scientific journals, books, and official reports of financial institutions such as the Financial Services Authority (OJK), Bank Indonesia (BI), and the Financial Transaction Reports and Analysis Center (PPATK). The analysis was conducted qualitatively to examine the effectiveness of the policies that have been implemented and to identify challenges in implementing TPPU prevention in the fintech sector. The results of this study are expected to contribute to the development of more effective policy strategies in dealing with money laundering in the fintech industry, as well as provide recommendations for regulators and industry players in improving compliance with the Know Your Customer (KYC) and Anti-Money Laundering (AML) principles.
Criminal Procedure Law Reform in Indonesia as a Step Towards a Fairer and More Effective Justice System Tjhia, Kimico Margaretha; Budianto, Azis
Journal of World Science Vol. 4 No. 7 (2025): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v4i7.1447

Abstract

The implementation of the Criminal Procedure Law in Indonesia is a critical part of recognizing a fair criminal justice system under human rights principles. An ideal legal system should provide legal protection for every individual involved in the criminal process, whether suspect, defendant, or victim. However, in practice, there are still various challenges that hinder the implementation of Criminal Procedure Law effectively and fairly. Various problems such as inconsistent law enforcement, violations of the principle of fair trial, and limited access to justice are issues that must be addressed. This study aims to analyze the implementation of Criminal Procedure Law in Indonesia and identify the main challenges faced in realizing a fair legal system. The approach used in this study is the normative legal method with a focus on the analysis of laws and regulations and literature studies related to Criminal Procedure Law. The data used in this study consists of primary data in statutes and regulations, such as the Criminal Procedure Code (KUHAP), as well as secondary data from law journals, academic literature, and previous research results. Data collection techniques are carried out through literature studies by analyzing various relevant legal documents and academic literature. This approach aims to provide a comprehensive picture of the applicable regulations and the challenges that arise in their implementation. Through this analysis, the research is expected to contribute to the development of a fairer and more effective criminal law system in Indonesia, as well as offer concrete recommendations for relevant stakeholders.
Legal Protection for Micro, Small, and Medium Enterprises (MSMEs) in Receiving Capital Assistance from Venture Capital Companies Hardjuno Wiwoho, Shri; Budianto, Azis
Return : Study of Management, Economic and Bussines Vol. 3 No. 12 (2024): Return: Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i12.301

Abstract

The study discusses the responsibilities of venture capital companies in the context of delays in disbursing capital assistance and its impact on Micro, Small, and Medium Enterprises (MSMEs). The main focus is on the problem of default that occurs when venture capital companies fail to fulfill their obligations to disburse capital on schedule, resulting in financial losses and obstacles to business development for MSMEs. This study proposes legal reforms to improve regulations and enforcement related to venture capital company responsibilities, including setting disbursement deadlines, MSME protection mechanisms, and increasing accountability. The empirical normative research uses a combined method between legislative, case, and analytical approaches to explore and analyze legal issues comprehensively. The research finds that MSMEs engage in profit-sharing schemes with venture capital firms. In this arrangement, the venture capital company offers funds to a legal entity partner company, and the partner company reimburses the funds with predetermined rewards. These agreements are governed by the contract law provisions of the Civil Code and are updated by the Ministry of Finance Regulation. It emphasizes the significance of venture capital in addressing funding shortages for small businesses. These reforms are expected to reduce the risk of delays, ensure fair compensation for MSMEs, and support more sustainable business growth.  
Co-Authors Ansari, Muhammad Ariany, Erry Arief, Ediyanto Boy Nurdin Donny Widianto EDI SARWONO Faisal Santiago, Faisal Hardjuno Wiwoho, Shri Herdiani, Erni Karyono Rajagukguk, K. Johnson Rakhmawaty, Popy Rusman Rusman Santiani Fani, Veranika Supriyanto Supriyanto Tjhia, Kimico Margaretha Waldo, Risky Yanwar Rosyadi, Safriansyah