Article Per Year (5 Year)
p-Index From 2021 - 2026
4.241
P-Index
This Author published in this journals
All Journal Tadulako Journal Sport Sciences And Physical Education DiH : Jurnal Ilmu Hukum JURNAL PENGABDIAN KEPADA MASYARAKAT Jurnal Teknik Sipil JURNAL PENDIDIKAN JASMANI OLAHRAGA DAN KESEHATAN Jurnal Ius Constituendum Jurnal SEGAR Media Akuakultur Jurnal Hukum Magnum Opus Jurnal SPORTIF : Jurnal Penelitian Pembelajaran JURNAL MERCATORIA Unes Law Review Jambura Journal of Health Sciences and Research JURNAL PENELITIAN RELIGIA ACTIVE: Journal of Physical Education, Sport, Health and Recreation DIVERSI : Jurnal Hukum SPORTIVE: Journal Of Physical Education, Sport and Recreation Jurnal Menssana JURNAL RECHTENS Jurnal Ilmu Hukum KYADIREN Jorpres (Jurnal Olahraga Prestasi) Multilateral: Jurnal Pendidikan Jasmani Dan Olahraga ARBITER: Jurnal Ilmiah Magister Hukum JUNCTO: Jurnal Ilmiah Hukum LEGAL BRIEF Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Depik Jurnal Ilmu-Ilmu Perairan, Pesisir dan Perikanan Religia : Jurnal Ilmu-Ilmu Keislaman Depik Jurnal Ilmu-Ilmu Perairan, Pesisir, dan Perikanan Literasi (Jurnal Pendidikan Dasar)
Kurdi Kurdi
Program Doktor Bidang Keahlian Rekayasa Struktur, Fakultas Teknik Sipil dan Lingkungan- Institut Teknologi Bandung.
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Civil Engineering, Building, Construction & Architecture Earth & Planetary Sciences Education Engineering Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

Published : 43 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 43 Documents
Search

 1   2   3   4   5 
The Relevance of The Principle of No Criminal Punishment Without Fault (Geen Straf Zonder Schuld) in Corporate Criminal Liability in Indonesia Kurdi, Kurdi; Ardhan, Adery; Dadek, Teuku Ahmad
JURNAL MERCATORIA Vol. 18 No. 2 (2025): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i2.16610

Abstract

The principle of Geen Straf Zonder Schuld faces a paradox when applied to corporations, which, as a legal fiction, have no mens rea. However, the profound impact of corporate crime demands an effective mechanism for criminal accountability. This normative juridical research examines the relevance of the principle of Guilt in Indonesian corporate criminal Law through legislative, conceptual, and case-based approaches. The first findings show that, before the New Criminal Code, the application of the principle of Guilt was pragmatic through the Theory of Identification, which attributed the corporation's mens rea to the management or directing mind. This approach is supported by PERMA No. 13 of 2016 and is evident in decisions such as PT GJW and PT CND. The second finding shows the evolution of the doctrine in two directions: (a) the exclusion of the principle of culld through strict Liability in various lex specialis, especially the Law on Environmental Protection and Management; and (b) the transformation of the meaning of debt through the Corporate Culture Model, which views blame as the failure of the system or organizational culture to prevent crime. The culmination is the codification of the Corporate Culture Model in the New Criminal Code (Law No. 1 of 2023), which marks a shift from treating mistakes as lending errors to treating them as authentic corporate mistakes.
Conflict 2023–2025: An Analysis of International Humanitarian Law and Challenges Settlement by the International Criminal Court (ICC) Kurdi, Kurdi; Arbani, Muhammad
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1354

Abstract

The conflict between Israel and Palestine is a prolonged conflict that continues to this day. The conflict peaked again on October 7, 2023 and caused many casualties on the Palestinian side. This study aims to find out about Israel's military aggression against Palestine in 2023-2025 based on international humanitarian law. In addition, it also aims to analyze the role and challenges of the ICC in resolving Israeli-Palestinian aggression based on international law. This research is a type of normative legal research with a statutory regulatory approach and a conceptual approach. The results of the study show that in the 2023-2025 Israeli-Palestinian conflict, Israel violated the principles of international humanitarian law and also the rules of international law itself as regulated in the Geneva Conventions and their additional protocols, as well as the Rome Statute which regulates its enforcement. To resolve the conflict, the ICC plays a role by investigating the Palestinian situation and issuing arrest warrants against those responsible for enforcing international humanitarian law. However, in its implementation there are challenges faced by the ICC, namely the ICC does not have an executive force authorized to carry out the warrants that have been issued, Israel is not a party to the Rome Statute, and there is great pressure from various countries that support Israel. The suggestion based on the results of the study is that the ICC must act independently and not be influenced by political pressure from any country, so that it can enforce humanitarian law as it should
Defarmation Against Government in National Criminal Code: Review on Freedom of Expression and Opinion Rights Kurdi, Kurdi; Yudha Prayoga, Sandi; Ahmad Dadek, Teuku
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 1 Februari 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.vi.131960

Abstract

The offense of insulting the government or state institutions is considered contrary to the right to freedom of expression and opinion. This study aims to determine the regulation of the offense of insulting the government or state institutions based on the perspective of the right to freedom of expression and opinion. In addition, it also aims to compare the regulation of insulting offenses against the government or state institutions in Indonesia with other countries. The research is included in normative legal research using a statutory approach, conceptual approach, and comparative legal approach. The results show that the offence under discussion does not violate the right to freedom of expression and opinion because Article 240 of the National Criminal Code has clearly distinguished between the act of "insulting" and the act of criticizing the government, which is a right of expression. In addition, the offense is included in the complaint offense so that it cannot be prosecuted prior to a report. Moreover, the regulation of the offense of insulting the government or state institutions is still in line with the principle of limiting the right to freedom of expression and opinion as a derogable right. Because the act of insulting is included in acts that violate morals and public order, which are the limits of the guaranteed rights
Co-Authors Ahmad Dadek, Teuku Ahmad Muzaki Ansari, Mohamad Arbani, Muhammad Ardhan, Adery Ariani, Ni Kadek Armansyah Azhari Azhari Bambang Budiono Budiman Rusli Cahayo, Raul Gindo Cahyo, Raul Gindo CS, Ansar Cut Zulfahnur Syafitri Dadek, Teuku Ahmad Daniel Womsiwor Dewi, Luh Yuliani Eva Sinaga Evi Sinaga Haryanto, Slamet Hasan, Baharuddin Ibrahim Ibrahim Ipa Sari Kardi Joko Cahyono Junalia Muhammad Kadir, Sulasikin Sahdi Katimin, Katimin Ketut Mahardika Kurdi Mandosir, Yohanis M. Mangolo, Ewendi W. Mastuti, Indah Miftah Fariz Prima Putra Miniartini, Made Mujiono Mujiono Mustakim Mustakim Mustaqim Mustaqim, Mustaqim Nasruddin Nasruddin Ni Wayan Widya Astuti Nopiyanto, yahya eko Prayoga, Sandi Yudha Prita Amalia, Prita Putra, MFP Putra, Miftah FP Qomarullah, Rif’iy Raden Muhamad Ibnu Mazjah Rif'iy Qomarrullah Rodhi Rusdianto Hidayat Sadewa, Ketut M. Arya Saharuddin Ita Sahruni, Ade Yuni Sedana, I Made Shadiq, Ja'far Sinaga, Dewi Oktavia Sunarto Sunarto Sunarto, Mujiono Sutoro Sutoro Suwitra, I Nyoman Syafitri, Cut Zulfahnur Tantra, Kadek Mas Teuku Ahmad Dadek Tri Setyo Guntoro Wardhana, Yuki Mahardhito Adhitya Wijaya, I Putu Eka Yudha Prayoga, Sandi Yudistira, Indra Yurisman Yurisman zailani, Ahmad