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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) The Southeast Asia Law Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Pancasila and Law Review Jurnal Hukum dan Peradilan Jurnal Indonesia Sosial Sains Kajian Hasil Penelitian Hukum INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER) Asian Journal of Social and Humanities International Journal of Law and Society JILS (Journal of Indonesian Legal Studies)
Lilik Mulyadi
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Religion Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Energy Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences Other

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URGENSI DAN PROSPEK PENGATURAN (IUS CONSTITUENDUM) UU TENTANG CONTEMPT OF COURT UNTUK MENEGAKKAN MARTABAT DAN WIBAWA PERADILAN Mulyadi, Lilik
Jurnal Hukum dan Peradilan Vol 4 No 2 (2015)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.4.2.2015.275-298

Abstract

Contempt of court law is urgent, immediately, and urge, so need critically, academicly, and comprehendship analyzing and research to protect the honour and uphold the dignity and souverignty of the courtKeywords : Ius Constituendum, Contempt of Court, Court Dignity
ASAS PEMBALIKAN BEBAN PEMBUKTIAN TERHADAP TINDAK PIDANA KORUPSI DALAM SISTEM HUKUM PIDANA INDONESIA DIHUBUNGKAN DENGAN KONVENSI PERSERIKATAN BANGSA-BANGSA ANTI KORUPSI 2003 Mulyadi, Lilik
Jurnal Hukum dan Peradilan Vol 4 No 1 (2015)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.4.1.2015.101-132

Abstract

This article describes some problems of the result of research regarding the shifting of burden of proof upon corruption offences in the Indonesian system of criminal law with regards UN Convention Against Corruption (UNCAC) 2003. There are two basic questions which become the research objections, firstly: to what extent the shifting of burden of proof has been implemented in the criminal court regarding corruption cases, and secondly, to what extent does the legislation policy apply for the shifting of burden of proof in relation with UNCAC 2003. The article uses normative research which regulation, conceptual, case and comparative approach. Such research emphasizes interpretation and legal construction to obtain some legal norms, conception, regulation list and its implementation in concreto cases. Regulation and conceptual approach to used how to know, existention, consistency and harmonization regarding the shifting of burden of proof upon corruption offences in legislation body. The cases approach uses comparative law regarding the reversal burden of proof upon corruption offencer between Indonesia and the other countries. This research shows that the shifting of burden of proof has never yet applied for in the corruption cases Indonesia. Those experiences is not similar with the experiences of against corruption Hong Kong and India, wihich implement the reversal burden of proof by using some approach socalled balanced probability of principles in the relation to the property or asset of defendant comes from. The Indonesian corruption regulation policy, especialy article 12B, 37, 37A, 38B apparently it’s not cleaq and disharmony to norm of sudden charge of fortune the shifting of burden of proof formulation in connection with United Nations Convention Against Corruption 2003(KAK 2003). So, necessary (needs) of modification sudden charge of fortune shifting of burden of proof formulation which preventive, represive and restorative characteristic.  Keywords: Shifting the Burden of Proof, Corruption Offences, Criminal Justice System
MENGGAGAS KONSEP DAN MODEL IDEAL PERLINDUNGAN HUKUM TERHADAP WHISTLEBLOWER DAN JUSTICE COLLABORATOR DALAM UPAYA PENANGGULANGAN ORGANIZED CRIME DI INDONESIA MASA MENDATANG Mulyadi, Lilik
Jurnal Hukum dan Peradilan Vol 3 No 2 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.2.2014.101-116

Abstract

Practice of whistleblower and justice collaborator law protection especially in the effort to destroy the organized crime in Holland, germany and Australia to institution and the protect orientation is variatif and partial. Protection practice in Holland uses witness agreements, it is the agreement between the public prosecutor and witness to give the testimony with reward especially to organized crime. In Germany, trough Witness Protection Law In Process Criminal Investigation and Protection Against Victims (Zeugenschutzgesetz/ZschG). Essentially, Zeugenschutzgesetz/ZschG rules the dimention for the witnesses, both witnesses and not the victims. Besides, it is also ruled about rights issues witnesses before the trial and during the trial process. On the aspect of witness rights before the trial include the examination of witnesses in the policemen and prosecution, the secret of witness identity and the changes of witness identity. Then, the witness right in the trial are separated examination of the suspect and inspection with a camera recording. Then in Australia trough the National witness Protection Program with a secret identity, no responsibility in criminal and civil, the protection from the defamation, the protection from criminal acts of retaliation and conditionalprotection if their names are published to the media.Keywords: Law Protection, whistleblower, justice collaborator and organized crime
EKSISTENSI HUKUM PIDANA ADAT DI INDONESIA : Pengkajian Asas, Norma, Teori, Praktik dan Prosedurnya Mulyadi, Lilik
Jurnal Hukum dan Peradilan Vol 2 No 2 (2013)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.2.2013.225-246

Abstract

Existence of indigenous Indonesian criminal law examined from the perspective of normative (ius constitutum) set forth in Article 18 B of the 1945 Amendment, Article 1, Article 5 paragraph (3) sub B Drt Law No. 1 of 1951, Article 5 paragraph (1), Article 10 paragraph (1) and Article 50 paragraph (1) of Law No. 48 of 2009. Then partial in certain areas such as Nanggroe Aceh Darussalam stipulated in Law No. 44 of 1999, Act No. 11 of 2006, the next is implemented in the form of Qanun both provincial and district levels. Next in Bali set up and implemented in the form of Awig - Awig Village People (Pakraman) as well as from the perspective of ius constituendum set out in Article 2 paragraph (1), (2) of the RUU KUHP of 2012. Then the level of principle set Ciwasasana book or book Purwadhigama, Book of Gajah Mada, Simbur Cahaya, Book Kuntara Raja Niti, Book Lontara 'ade' and Awig awig. In addition, examined from the perspective of theory, practice and procedures found in the form jurisprudence Mahkamah Agung RI as Putusan Mahkamah Agung RI No. 42 K/Kr/1966 Tanggal 8 Januari 1966, Putusan Mahkamah Agung RI No. 275 K/Pid/1983 tanggal 29 Desember 1983 and sanctions adat (traditional medicine) for recovery of the balance essentially magical nature, the cosmos recovery to restore the disturbed balance in order to be religio magic back. Later in the study of criminal law the existence of indigenous Indonesian criminal law is at the level of dogmatic law, legal theory and philosophy of law. Therefore customary criminal law holistically animates all levels of law in the practice of law so that the existence of the law - dimensional nature of criminal law is undoubtedly indigenous capabilities as a characteristic practice of law in Indonesia. Keywords: criminal law customary, traditional sanctions, as well as the principles, norms, theories, practices and procedures
PEMIDANAAN TERHADAP PENGEDAR DAN PENGGUNA NARKOBA : Penelitian Asas, Teori, Norma dan Praktik Peradilan Mulyadi, Lilik
Jurnal Hukum dan Peradilan Vol 1 No 2 (2012)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.2.2012.311-337

Abstract

Formulation types of criminal sanctions (strafsoort) is considered the most appropriate, appropriate and fair for appropriate drugdealers Narcotics Act (Act No. 35of 2009) and Psychotropic Substances Act (Act No. 22 of 1997) andjudicial practicebe assessedfrom the perspective of the principles, theories, norms andjudicial practiceis a system of cumulative-alternative formulation (mixed /combined) between the death penalty, life imprisonment or imprisonment, or a fine, while the length of the formulation of criminals anctions (straafmaat) is considered the most appropriate, appropriateand fair sentenceis a determinate system in the form prescrib edlimit minimum and maximum criminal threats. Punishment for drug user alyzed from the perspective of the principles, theories, norms and practices of its application to the dealers to berelatively severe punishment metedranging from the death penalty, life imprisonment and criminal casesover the past 15-20 years. The nthenature of drug users a sactors (daders) and a victim (victims) in addition to drug crimeshould bedropped also dropped criminal sentencing rehabilitationas stipulated in Article 127 of LawNo. 35 of 2009 for narcoticaddicts. Keywords: Formulation types of criminal sanctions, formulation of criminals anctions (straafmaat)
UPAYA HUKUM YANG DILAKUKAN KORBAN KEJAHATAN DIKAJI DARI PERSPEKTIF SISTEM PERADILAN PIDANA DALAM PUTUSAN MAHKAMAH AGUNG RI Mulyadi, Lilik
Jurnal Hukum dan Peradilan Vol 1 No 1 (2012)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.1.2012.1-34

Abstract

Positive Legal Indonesia provides protection against crime victims who are not directly in the Penal Code, Criminal Procedure Code, as well as outside the Criminal Code and Criminal Procedure Code. Later in the Code of Criminal Procedure formulatif policies and by laws to understanding the victim used different terminology, namely the complainant, the complainant, witnesses, interested third parties and the injured party. In practice, the request made by the applicant with the PK as the quality of the witnesses, interested third parties, the Legal Adviser or by the Public Prosecutor and apparently only remedy reconsideration made by the Public Prosecutor and Third Party concerned (Judicial Review Decision No. 4 PK / PID/2000 November 28 2001), which was granted by the Supreme Court while the petition for judicial review filed applicant witnesses (Judicial Review Decision No. 11 PK/PID/2003 August 6, 2003), or the reporting witness stated by the Supreme Court was not accepted by because the applicant is not qualified to appeal judicial review. From the theoretical dimension turns doing different interpretations of the Supreme Court as provided Art. 263 paragraph (1) Criminal Procedure Code that the applicant is granted a judicial review conducted by the Public Prosecutor and the Third Party concerned on the one hand while on the other side of the applicant's application for judicial review of quality reporting victims or witnesses can not be accepted. Keywords: remedies, victims of crime, judicial review
INTERPRETATION OF JUDGES IN REPRESENTING THE DYNAMICS OF RELIGION OF INDIGENOUS LEGAL INHERITANCE OF BALI Mulyadi, Lilik
Jurnal Hukum dan Peradilan Vol 8 No 2 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.2.2019.214-227

Abstract

The interpretation of judges in responding to the dynamics of renewal of Balinese inheritance customary law is very dynamic accompanied by the development of justice, especially towards the dimensions of kapurusa as heirs. Originally, kapurusa was only a descendant of men from a male family and adopted sons, and then it expanded to include male status, and eventually included women as heirs. Judges interpreted based on the development of modern law, progressive law, just law with a philosophical and juridical basis starting with the Decision of the MUDP Bali Supreme Court Number 01/KEP/PSM-3/MDP Bali/X/2010 concerning Supreme Court III MUDP Results Bali.
RESTORATIVE JUSTICE APPROACH TO CORPORATE PERPETRATORS OF ENVIRONMENTAL CRIMES BASED ON NATIONAL LEGAL IDEALS Jeremia Sipahutar; Prija Djatmika; Lilik Mulyadi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2695

Abstract

Indonesia is a state based on the rule of law, placing law as one of the instruments for the state to uphold its national ideals and as a means to achieve justice, certainty, and benefit for all members of society. This study examines the application of restorative justice in addressing corporate environmental crimes within Indonesia’s legal framework. Although the National Criminal Code (KUHP Nasional) recognizes both individuals and corporations as legal subjects and acknowledges restorative justice, its implementation in environmental law enforcement remains limited. Law Number 32 of 2009 on Environmental Protection and Management still prioritizes a retributive approach, restricting the use of restorative mechanisms in corporate environmental offenses. Using a normative legal research method, this study analyzes statutory provisions and theoretical frameworks to explore the possibility of integrating restorative justice into corporate liability. The findings highlight the need for legal reforms to align environmental law enforcement with national legal ideals, particularly Pancasila. Incorporating restorative justice in corporate environmental crimes would emphasize remediation, victim compensation, and community involvement, ensuring a balance between legal certainty, justice, and environmental sustainability.
Corporate Criminal Liability Formulation in Criminal Acts in the Field of Taxation to Realize Legal Certainty Rekso Wibowo, Basuki; Handoyo Lugito, Hendrik; Mulyadi, Lilik
Asian Journal of Social and Humanities Vol. 3 No. 1 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i1.435

Abstract

Problems in the enforcement of tax criminal law involve normative vagueness related to corporate criminal liability in the context of tax crimes. Currently, criminal liability is directed only to individuals who are stewards or controllers of the corporation personally. This results in the main perpetrator in tax crimes are individual taxpayers, even though these crimes actually occur within the scope of operations of a corporation. In addition, the corporation itself cannot be criminally liable, nor can its shareholders. In the context of tax crimes that generally occur in a corporative environment and involve tax officials, there are normative obstacles in law enforcement against business entities involved in tax crimes. The research method used in this study is normative juridical with research specifications, namely descriptive analytical, techniques for collecting legal materials with library research using primary, secondary and tertiary legal materials, analytical techniques used qualitative normative by combining induction and deduction reasoning. The results of this Dissertation research show that criminal liability for corporations in tax crimes regulated in Law No. 16 of 2009 concerning General Provisions and Tax Procedures which has been amended by Law No. 7 of 2021 concerning Harmonization of Tax Regulations, has not directly regulated criminal liability for corporations. Currently, criminal liability is only given to the management or controller of the corporation personally.
Formulation of Criminal Law Policy Against Influence Trading as A Criminal Act of Corruption Matdung, Chandra; Hasibuan, Fauzie Yususf; Mulyadi, Lilik
Jurnal Indonesia Sosial Sains Vol. 5 No. 02 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i02.1010

Abstract

The act of trading in influence is still not considered as a criminal offence so that until now the regulations governing it do not exist or have not been regulated in Indonesia. This research aims to examine the regulation of the formulation of trading in influence as a Corruption Crime according to positive law and analyse the criminal law policy towards the formulation of trading in influence as a Corruption Crime in the future. The research method used is normative juridical with analytical approach, with the specification of description analysis. The results showed that the absence of regulation regarding the formulation of the offence of trading in influence in Indonesian positive law causes law enforcement officials to often use the offence of bribery to criminalise while between bribery and trading in influence are two different things. The offence is different from the offence of bribery and other corruption offences so it is necessary or a different crime from the category of corruption-related crimes covered by the relevant Legislation. In order to achieve the objectives of the law as stated in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia that Indonesia is a State of law, as a form of legal development through legal policies that formulate existing rules with elements, namely each party involved, the form of trading in influence regulated in the respective regulations, the perpetrators who carry out these acts, the form of action and also the form of giving and receiving from the parties for one purpose, namely obtaining an undue advantage or benefit. Specifically, the article on trading in influence in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning Eradication of Corruption so that there is no legal vacuum in the event of a case related to trading in influence
Co-Authors Arief, Syamsul Baktiana, Nur Sari Budi Suhariyanto, Budi Eldi Nasali Endang Sulistyandini Fachrizal Afandi Fajar Yudi Ariyanto Fauzie Yusuf Hasibuan Handoyo Lugito, Hendrik Hasibuan, Fauzie Yusuf Hasibuan, Fauzie Yususf Ismail Ismail Jeremia Sipahutar Johan Rofi JS Murdomo Matdung, Chandra Muhammad Mustofa Muhammad S.R.P., Sri Gilang Prija Djatmika Rekso Wibowo, Basuki Sigit Setyadi