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All Journal Jurnal Hukum Jurisdictie
Harahap, Hapendi
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Humanities Law, Crime, Criminology & Criminal Justice

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THE POWER OF CHILD WITNESSES AS EVIDENCE IN CRIMINAL CASE CASES Gunawan, Wahyu Indra; Makarao, M Taofik; Harahap, Hapendi
Jurnal Hukum Jurisdictie Vol 5 No 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.113

Abstract

Witness testimony is an important factor in all judicial process implementation activities and as evidence that can incriminate or relieve the defendant. Article 1 point 1 of Law Number 13 of 2006 concerning Protection of Witnesses and Victims, states "Witnesses are people who can provide information in the interests of investigations, investigations, prosecutions, and examinations at court hearings regarding a criminal case that he himself heard, saw himself, and/or he experienced it himself. Article 1 number 29 of the Criminal Procedure Code explains that: "A child's statement is information given by a child about things that are needed to clarify a criminal case for the purposes of examination in matters and according to the method stipulated in this law. The right of children to testify in court is protected by law. As regulated in Article 12 of the Convention on the Rights of the Child which has been ratified by Indonesia with Presidential Decree No. 36 of 1990
Pengaturan Kaidah Manajemen Risiko Atas Penawaran Saham Berbasis Teknologi Informasi (Equity Crowfunding) untuk Pengembangan UMKM di Indonesia Bahtiar, Bahtiar; Lubis, Efridani; Harahap, Hapendi
Jurnal Hukum Jurisdictie Vol. 3 No. 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (527.929 KB) | DOI: 10.34005/jhj.v3i2.49

Abstract

Indonesian Government has already put a substantial attention on the development of MSMEs (micro, small, medium enterprises) since the new order regime with regard to the huge number of businessmen and labors involved. Financial technology industry in Indonesia including ECF grows rapidly in recent years but still not supported by a specific constitutional legal standing yet. As part of financial technology products, ECF has been regulated by Indonesian Financial Services Authority in regulation No.57/POJK.04/2020. ECF becomes one of the potential funding sources option for the development of MSMEs and also one alternative for investment purposes in which the issuer offers the sales of equity directly to the investors by using the open network electronic systems. This normative juridical study is aimed to identify the regulation related to risk management, to identify risks in Indonesian ECF’s platform business and risk management regulation setting direction in the future. The aforementioned regulation did not provide risk management guidance for ECF platform. By adopting to the ECF’s platform systematic and comprehensive taxonomy of legally mitigated risks model proposed by Podar Manan et al., the researcher finds at least 12 major risk classification with 42 risk events in Indonesian ECF industry that have to be mentioned and mitigated by the ECF platform. Investors in ECF platforms are exposed to at least 10 risk classification that also have to be considered. Especially for legal risk issues, the researcher identifies at least 11 risk events along with its mitigation initiatives which can be used as reference for the ECF platform.
Co-Authors Bahtiar Bahtiar Efridani Lubis Gunawan, Wahyu Indra Makarao, M Taofik