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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Sriwijaya Law Review Hasanuddin Law Review Indonesian Journal of Law and Policy Studies Warkat
Kukuh Tejomurti
Faculty of Law Universitas Sebelas Maret
Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Assessing the Assurance of Legal Certainty and Equity of the Indonesian Law of Money Laundering Seno Wibowo Gumbira; Umi Khaerah Pati; Kukuh Tejomurti; Ratna Nurhayati
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Law of Money Laundering has a fundamental point to eradicate transnational predicate and serious crimes. Each state has different arrangements to address predicate crime. Indonesia considers predicate crime in the category of ordinary crime consisting of fraud and embezzlement. However, ordinary or conventional crimes may only be subject to the Law under limited circumstances. Article 69 of the Law of Money Laundering remains debatable among criminal law experts due to the relation with Articles 77 and 78 of the Law. The last two articles prescribe that burden of proof on the case of predicate crimes is on defendant, not public prosecutor. Defendant must prove assets that are suspected as result of crime, not acquired from the crime, or related to crime. Currently, there is no elucidation to the articles. This study analyzed two legal issues. Firstly, does the formulation of Article 2, paragraph 1, and Article 69 of the Law of Anti-Money Laundering guarantee legal certainty and fulfil a sense of justice? Secondly, does the Article 2 paragraph 1 letter z of the Law cause ordinary criminal acts to be entangled with the Law on Money Laundering?DOI: https://doi.org/10.22304/pjih.v9n1.a1
The Establishing Paradigm of Dominus Litis Principle in Indonesian Administrative Justice Soehartono Soehartono; Kukuh Tejomurti; Arsyad Aldyan; Rachma Indriyani
Sriwijaya Law Review Volume 5 Issue 1, January 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss1.877.pp42-55

Abstract

This study aimed to analyse a shifting paradigm of Dominus Litis (judge activeness) in the Indonesian state administrative justice. This principle emphasises that judges expand the paradigm that judges are not limited to being used in processes regulated in law. However, judges need to actively develop the paradigm to make legal discoveries oriented towards substantive justice and expand the paradigm from merely resolving disputes positivistically to resolving conflicts with paradigms. Legal realism and sociological jurisprudence to create substantive justice. This paper uses the normative research method, with a statutory approach and case approach by analysing two decisions of state administrative court judges. The result showed that Dominus Litis in the dispute's accomplishment is not limited to the implementation of juridical-legal positivism factors, but on how judges use their mindset to provide ideal decisions and conduct legal reasoning use socio-legal and socio-cultural paradigms. The development of demands for justice has also experienced a paradigm shift of justice. It requires the principle of an active judge who always follows developments in public policy, such as the principle of sustainable development related to environmental and natural resource issues, and finding the legal material truth.
The Mock Application of the Insolvency Law by the Jordanian Courts: Lessons Learnt from Indonesia Emad Mohammad Al-Amaren; Sultan Ibrahim Aletein; Kukuh Tejomurti
Hasanuddin Law Review VOLUME 8 ISSUE 1, APRIL 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i1.3330

Abstract

Jordan is currently going through difficult economic conditions whose features have begun to crystallize clearly since the outbreak of crises and wars in Syria and Iraq. In addition to that, the year 2020 brought with it the unknown to further complicate the Jordanian economic situation. In order to find a comprehensive solution, the Jordanian legislator used some international references, such as the principles of effective systems of creditors’ rights and insolvency issued by the World Bank and the Legislative Guide to the Insolvency Law issued by the United Nations Commission on International Trade Law (UNCITRAL) to rescue faltering economic projects or those that are about to stumble. The study resulted in the issuance of the Jordanian Insolvency Law No. 21 of 2018. This paper aims to identify the insolvency standard of the Jordanian courts and its impact on Jordan's economy. By applying a qualitative legal approach, this paper analyses the mock application of the Insolvency Law by the Jordanian courts. It also examines the insolvency standard followed by the Jordanian courts via juridical-normative with descriptive analysis. The finding shows that applying the insolvency law in Jordan is still a theory. Jordanian courts should cautiously extend the scope of insolvency theory for the law to achieve the purpose for which it was issued. Comparing the practice in Indonesia, which has switched from the insolvency test concept to the presumption of bankruptcy, this is a lesson because, in the conditions of the COVID-19 pandemic, companies will find it challenging to request reports due to uncertain situations. According to the financial aspect, large companies are still good, but companies are reluctant to pay debts. This condition means that if the system used is a bankruptcy test, this case cannot be brought to the Commercial Court, so the court cannot force debtors who are reluctant to pay their debt obligations.
Analysis of Consumer Personal Data Protection for Data Integration: the Gojek-Tokopedia Case Anisya Humaira; Kukuh Tejomurti
Indonesian Journal of Law and Policy Studies Vol 3, No 1 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i1.6325

Abstract

This research aims to analyze the regulation of personal data protection and legal protection of consumer personal data from two tech giants, Gojek and Tokopedia, which officialy announced the acquisition on May 17, 2021. PT GoTo Gojek Tokopedia combines e-commerce, on demand, financial services and financial services. This research is a normative or doctrinal research with statue approach, a conceptual approach, and a case approach. The sources of legal materials used are primary and secondary legal materials. In Indonesia, there is no rigid law governing personal data protection because the regulation of personal data protection in Indonesia is currently still sectoral. In the terms of GoTo Group service users, consumer personal data settings are regulated in the privacy policies of Gojek and Tokopedia. Data integration after the acquisition of PT. Tokopedia by PT. APlikasi Karya Anak Bangsa raises new if there is a data leak and or use of consumer data without the consent of the data owner
Pergulatan Mazhab Hukum dalam Pengadaan Tanah Milik Masyarakat Adat untuk Kepentingan Umum: The Struggle of Legal Schools in Procuring Land Owned by Indigenous Peoples for Public Interest Kukuh Tejomurti; Denie Amiruddin; Andi Sasongko; Imam Sukadi
Warkat Vol. 2 No. 1 (2022): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n1.1

Abstract

In the discourse on land acquisition for development in the public interest, problems often arise regarding the amount of compensation to land rights holders. The problem becomes even more widespread when the land acquired intersects with and originates from customary land. This article aims to provide an elaboration of thoughts from a philosophical perspective on law and justice, especially on positive legal formalism in the implementation of land acquisition belonging to customary law communities in Indonesia. The research used in this article is normative legal research using a legislative approach, a conceptual approach and a case approach. The legal materials used are primary legal materials and secondary materials which are connected with schools of legal philosophy, such as the Natural Law School, Legal Positivism, and the Historical School. The research results show that the sharp gap between the legal positivism school and the historical legal school lies in the sources and forms of law. If legal positivism prioritizes formal forms and the authoritative institutions that create them, then the historical legal school states that laws are not made but are found in society. Sociological Jurisprudence describes a "middle way" to bridge the flow of historical law in traditional law communities whose existence is respected in the formation of law to provide just legal certainty. In the context of Indonesia, which has a civil law tradition, we can consider the formation of legislation as an important component for the social engineering process. Therefore, laws and regulations related to land acquisition should involve indigenous communities in the formation process because most of Indonesia's territory is still customary territory/land in the form of fields, forests, and so on.
Co-Authors Andi Sasongko Anisya Humaira Arsyad Aldyan Ayub Torry Satriyo Kusumo Denie Amiruddin Emad Mohammad Al-Amaren Imam Sukadi Rachma Indriyani Ratna Nurhayati Seno Wibowo Gumbira Soehartono Soehartono Sukarmi, Sukarmi Sultan Ibrahim Aletein Umi Khaerah Pati