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All Journal Yustisia PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Sriwijaya Law Review Hasanuddin Law Review Unnes Law Journal 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
Alternatif atas Pemberlakuan Hukum Humaniter Internasional dalam Konflik Bersenjata Melawan Islamic State of Iraq and Syria Ayub Torry Satriyo Kusumo; Kukuh Tejomurti
Yustisia Vol 4, No 3: December 2015
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v4i3.8696

Abstract

AbstractRecently, there is a shift in armed conflict in the world from the conflicts among states or between state and belligerent into the conflict which happened across nations’ border, such as the Islamic State of Iraq and Syria (ISIS). The ISIS is a non-state actor, which consequently means that the conflicts cannot be properly categorized into international armed conflict. As the consequence, the international humanitarian law cannot be put into practice. The alternative solution is to apply the Martens Clause by paying an ultimate appreciation of fundamental principles of international humanitarian law for the sake of humanity and human rights. AbstrakDewasa ini telah terjadi pergeseran subyek konflik bersenjata yang semula terjadi antar-negara atau antara negara dengan pemberontak menjadi konflik lintas-batas negara seperti Islamic State of Iraq and Syria (ISIS). Status ISIS dalam hukum internasional bukan sebagai negara melainkan sebagai aktor non negara (non-state actor). Perang melawan ISIS tidak termasuk ke dalam konflik bersenjata internasional karena tidak memenuhi kriteria berdasarkan Konvensi Jenewa Tahun 1949 dan Protokol Tambahan I Tahun 1977. Hal ini sangat mungkin memunculkan kesulitan pemberlakukan HHI. Sebagai alternatifnya, penerapan Martens Clause dapat dilakukan, yaitu dengan menghormati prinsip-prinsip fundamental yang menjadi dasar hukum humaniter internasional demi penghargaan terhadap kemanusiaan dan hak asasi manusia.
RIGHT TO SAFETY AND SECURITY FOR PASSENGERS TRAVELING BY THE PUBLIC ROAD TRANSPORTATION Maria Madalina; Kukuh Tejomurti; Winarno Budyatmojo
Yustisia Vol 6, No 1: April 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i1.11510

Abstract

 This article aimed to observe the safety protection of public road transportation and some public areas in Yogyakarta and Surakarta. The Road and urban public transport terminals, station, and transshipment centres were mainly established at the meeting points of different traffic lines.  If we compare the terror-threat against infrastructure, building, and vehicles, then we can see that much more terrorist attacks were directed against the vehicles, than against bridges or tunnels. Safety protection on public road transportation and its  public areas is one of the efforts to enforce  right to life and right to sustain life in line with article 28A of Indonesian Constitution of 1945.  This issue is  important to be observed because two cities are prone to be attacked by terrorist and sometimes passengers or visitors are not responsive to disasters as long as they are on public road transportation and public areas.  This article have two important problem to be observed, first problem is  how already passengers  or visitors of public road transportation and its  public areas understand safety procedures of those areas?; second problem is how policy of safety protection need to be enforced on two public road transportation and public areas in order to protect right to life safely of passengers? The normative and empirical legal research is used  to this research by using interviews and field observation. The result of this research concisely state that at this time the bus station and rail  station is still not implemented maximum safety and security procedures to passengers and passengers or visitors do not understand about safety procedures and are not responsive to dangerous circumtances surrounded  them. Maximum safety protection is important to prevent  terrorism  crime, narcoticss crime, and prevent any casualties due disasters. Security officers should check the condition of bags and luggage of passengers or visitors in order to prevent any threats there. Safety briefing is also implemented to keep a passengers concer.  
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.
The Critical Study of the Omnibus Bill on Job Creation Based on John Rawls View on Justice Kukuh Tejomurti; Sukarmi Sukarmi
Unnes Law Journal Vol 6 No 2 (2020): Unnes L.J. (October, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v6i2.41709

Abstract

This study aimed to analyze the critical study of The Omnibus Bill On Job Creation based on John Rawls view On Justice. The Government and the House of Representatives ratified the Omnibus Bill on Job Creation through a plenary meeting on October 5, 2020. This is more focused on improving economic growth or investment but does not pay attention to increase the protection and competence of human resources. The type of this research uses normative legal research, legal research that is conducted based on law and regulation, and library material. Related to this type of research, the approach used in this paper is legal, a conceptual approach, and a historical approach. According to the result of research, it can be concluded that the rules of the Omnibus Bill on Job Creation has implications for the imbalance of position between companies and workers and do not provide legal certainty for workers' protection. According to John Rawls, a justice will not sacrifice the rights of some people for the benefits enjoyed by others. Based on the opinion of John Rawls, we can know that if we sacrifice the rights of others for profit is not right. The cooperation based on a work agreement should be of benefit to all parties. These are benefits that can provide welfare to one another. Companies do not need to pay as high as company directors, but companies must be transparent about finances.
Co-Authors Andi Sasongko Anisya Humaira Arsyad Aldyan Ayub Torry Satriyo Kusumo Denie Amiruddin Emad Mohammad Al-Amaren Imam Sukadi Maria Madalina Rachma Indriyani Ratna Nurhayati Seno Wibowo Gumbira Soehartono Soehartono Sukarmi, Sukarmi Sultan Ibrahim Aletein Umi Khaerah Pati Winarno Budyatmojo