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Small Claim Court as the Alternative of Bad Credit Settlement for Legal Certainty of the Economic Actors Pujiyono, Pujiyono; Pati, Umi Khaerah; Pranoto, Pranoto; Tejomurti, Kukuh
Indonesian Journal of Advocacy and Legal Services Vol. 3 No. 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society?
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i2.23077

Abstract

This article aimed to analyze the problem of legal cases accumulation, especially default on credit contracts in court. It also analyzes the effectiveness of implementing a small claim court in contract default and the independence of a single judge in handling cases through the small claim court mechanism. Small claim court also to offer a breakthrough in the settlement of bad loans related to contract defaults to reduce the burden on courts in Indonesia and provide legal certainty to business actors. The sole judge also examine, resolve and decide on inheritance cases in a fast and efficient process to issue a fair decision for all parties. This normative study was carried out using statutory, case, comparative law, and analysis content approaches. The research results showed that the filing of small claim court increased 10 times from 2015 to 2020, with the plaintiffs dominated by banks in bad credit cases. A small claim court provides benefits the bank and the customer because it speeds up the settlement of the plaintiff's money in a bad credit case with a case value of not more than 500 million, especially for microloans in a maximum period of 25 days. Furthermore, the latest regulation of 2019 concerning small claim court gives judges the authority to confiscate guarantees and conduct auctions to carry out forced executions through the Court Execution Auction process.
Implementation of Business Judgement Rules in Indonesia: Theories, Practices, and Contemporary Cases Irawan, Chandra Noviardy; Pujiyono, Pujiyono; Cahyaningtyas, Irma
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.23273

Abstract

Business judgment rule considerations were born with a background of problems where they are always blamed for losses suffered by the company, the impression that is built basically does not reflect the values ​​in the company’s business operations. This research aims to analyze how is the adoption process Business Judgement Rule in Indonesian law, and how to apply Business Judgement Rule in Indonesian. This research also intended to understand the application of the Business Judgment Rule doctrine in Indonesia. This research is normative juridical research conducted through library research and analyzed by qualitative research methods on the secondary data found. The results of this study indicate that the application of the Business Judgment Rule can provide legal protection for the board of directors for business policies taken even though the business policy results in losses for the company, as long as the business decisions are made with prudence, in good faith, and in the scope of authority and responsibility.
Overcapacity in Indonesia’s Prisons: The Role of Criminal Law Reform in Sustainable Solutions Prabawani, Riski Dysas; Pujiyono, Pujiyono; Roikardi, Dodi
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22172

Abstract

Overcrowding is an unresolved problem occurred in Indonesia. So far, most criminal acts are threatened with a criminal sentence in the form of imprisonment. The reform of this Indonesian criminal law has been realized with the enactment of Law Number 1 of 2023. This research aims to examine the contents of Law Number 1 of 2023 concerning the Criminal Code as an update to the Criminal Code/Wetboek van Strafrecht (WvS), which has been in force in Indonesia. This is the doctrinal research with a conceptual and comparative approaches. The findings show that the revised Criminal Code introduces a novel approach to criminal law by explicitly outlining the objectives and guidelines for punishment, thereby directly influencing law enforcement practices. Furthermore, this new Criminal Code also provides alternative sanctions other than imprisonment.
Reconstructing The Legal Protection Of Indonesian Migrant Workers Facing The Death Penalty (Jinayat) In Saudi Arabia: National And International Legal Perspectives Muchlis, Ahmad; Pujiyono, Pujiyono; Sa'adah, Nabitatus
Syariah: Jurnal Hukum dan Pemikiran Vol 25 No 2 (2025)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v25i1.18269

Abstract

  This study examines the reconstruction of the legal protection model for Indonesian migrant workers (PMI) facing the death penalty in Saudi Arabia from both national and international legal perspectives. The research aims to evaluate the effectiveness of existing legal instruments, identify implementation gaps, and propose a comprehensive, human rights–based model of protection. Employing a normative juridical (doctrinal) method, the study analyzes Indonesia’s constitutional and statutory framework, international conventions such as the Vienna Convention on Consular Relations (1963), and the structure of Saudi Arabia’s jināyāt legal system. The findings reveal that although Indonesia possesses a robust national legal framework, weak implementation, inadequate inter-agency coordination, and limited bilateral enforcement mechanisms continue to expose migrant workers to severe human rights risks, particularly due to Saudi Arabia’s non-compliance with Mandatory Consular Notification (MCN). The study recommends the establishment of binding bilateral agreements, the strengthening of legal diplomacy and attaché functions, and the harmonization of national law with international human rights standards. The implications highlight that migrant worker protection must operate as an integrated system—covering prevention, legal assistance, and post-trial support—to effectively realize the state’s constitutional duty to protect its citizens abroad.  
Selective Abortion After Preimplantation Sex Selection: An Ethical and Legal Issue in Indonesia Pujiyono, Pujiyono; Budiyanti, Rani Tiyas
GHMJ (Global Health Management Journal) Vol. 2 No. 2 (2018)
Publisher : Yayasan Aliansi Cendekiawan Indonesia Thailand (Indonesian Scholars' Alliance)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35898/ghmj-22196

Abstract

Background: The emerging of sex selection technology in Indonesia is sperm sorting, meanwhile sex selection with Preimplantation Genetic Diagnosis (PGD) methods is not widely used. The use of sperm sorting has bigger chance to fail than PGD, thus potentially cause ethical and legal problems that is selective abortion during pregnancy. The potency for selective abortion is enlarged by Indonesian law that permitting sex selection without distinction of medical and non-medical reasons. There is no special policy to regulate the selective abortion because of sex selection failure.  Aims: This study aims to find out the legal concept of selective abortion after preimplantation sex selection that appropriate to be applied in Indonesia.Methods: This research is normative research that use analytics method with legal approach and conceptual approach. The research material consists of primary legal material (legislation about sex selection and abortion in Indonesia), secondary legal materials (legal journals, law books, and legal proceedings), and also non-legal materials (journals, books, and health proceedings about sex selection and abortion).Results: In Indonesia meanwhile in general, abortion is permitted for pregnancy with medical indication and rape victim. Through a statue approach in Indonesia, selective abortion after preimplantation sex selection can be implemented for strong medical reasons. While the failure for non-medical reasons can't be aborted. This regulation contrary with ethics, morals and religion. Selective abortion should not be done because of preimplantation sex selection failure either medical or non-medical reasons. Conclusion: Selective abortion after preimplantation sex selection both medical and non medical reason contrary with moral, ethical, and religion. Indonesia needs to regulate further policy about selective abortion if there is a failure of preimplantation sex selection.
Existence of customary law in Indonesian criminal law Helmi, Muhammad Ishar; Pujiyono, Pujiyono; Zada, Khamami
Jurnal Cita Hukum Vol. 10 No. 3 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i3.29829

Abstract

Currently, the scope and regulation of the criminal law system which only recognizes written law is deemed unable to accommodate the various legal needs of indigenous peoples who are still alive today. This is due to the principle of legality of criminal acts which is oriented towards individual-liberalism, not the plurality of society. Therefore, recognizing acts that violate customary law within the framework of the national legal system is considered appropriate in meeting the legal plurality needs of indigenous communities. The rigidity and arrogance of the current legalistic view of criminal law is no longer able to respond to plurality and a sense of justice, especially for customary law communities, because the reality of indigenous people's lives shows that there are countless customary law provisions outside of the law, which continue to live and are obeyed in every vein. community group members. The research method used in this study is a normative legal research method with a socio legal research approach. The socio-legal approach is intended as an approach in legal research that is focused on studying legal phenomena from the perspective of social sciences. The research results state that the position of traditional justice institutions is actually in a state of existence and absence, on the one hand it is not recognized by the Indonesian positive legal system but there are practices of these traditional justice institutions. However, cases decided based on customary law can still be found in a very limited number of cases.
Politics and Green Financial Crime: Envisioning a Sustainable Democratic Future in Indonesia Putra, Yagie Sagita; Pujiyono, Pujiyono; Rochaeti, Nur; Fernando, Zico Junius
Jurnal Dinamika Hukum Vol 24 No 3 (2024)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.15576

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The Indonesian Financial Transaction Reports and Analysis Center (PPATK) in Indonesia has uncovered a significant issue concerning illegal financial transactions linked to environmental crimes. They have identified that approximately 1 trillion Rupiah, obtained from such green financial crimes, is being funnelled into political parties for the 2024 elections. This discovery is particularly alarming, as it raises serious concerns about the integrity of the democratic process and the sustainability of the nation's political future. The PPATK's findings indicate that this illegal funding comes from various environmental crimes, including illegal logging and other environmentally damaging activities. The fact that these funds are being used to finance political campaigns implies a deeply concerning intersection between environmental crime and political corruption. This situation exemplifies a broader category of 'green financial crime', where environmental exploitation is directly linked to illicit financial gains. Results This research investigates the implications of these financial irregularities for the country's commitment to environmental conservation and the development of green policies. It discusses the broader implications for Indonesia's democratic order and urges a re-evaluation of current political funding mechanisms, advocating for transparent and accountable practices to ensure electoral integrity and promote a sustainable democratic future. The importance of collective action, involving civil society, policymakers, and international partners, to address the linkages between politics, democracy, and green financial crime ultimately protects Indonesia's democratic values and environmental heritage.
Social Work Crime as an Alternative to Resolving Overcrowding in Correctional Institutions Kholdaa, Madya Cinta; Pujiyono, Pujiyono
JUSTISI Vol. 10 No. 3 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i3.3491

Abstract

Overcrowded in correctional facilities results from various factors, including increased inmate numbers due to prevailing prison sentencing policies, judicial inefficiencies in handling detainees, and high recidivism rates. The consequences of overcrowding are severe, impacting the ability to meet inmates' basic needs, leading to poor sanitation and health conditions, and reducing the effectiveness of rehabilitation programs. Social work penalties, adopted in several countries, offer a rehabilitative approach that focuses on social reintegration rather than isolation through prison sentences. These penalties help facilitate inmate recovery by involving them in beneficial community activities such as environmental care or social services. This research employs a normative juridical methodology, utilizing document analysis of relevant legal and literature sources. Data are qualitatively analyzed, considering legislative regulations, legal literature, and related research findings. The study aims to contribute to more effective policy formulation for managing overcrowding in correctional facilities and to consider more humane and rehabilitative sentencing alternatives
Implementation of Prudential Principles in Risk Management in Digital Banking Business Models Redita Suryadarma, Fatika; Pujiyono, Pujiyono
Devotion : Journal of Research and Community Service Vol. 6 No. 1 (2025): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v6i1.25408

Abstract

In the era of digital transformation, banking faces various challenges such as cyber, operational, and reputation risks, so that the principle of prudence in risk management of banking business models becomes an urgency that cannot be ignored. The purpose of this study is to analyze the implementation of the principle of prudence in risk management in digital banking business models. This study uses a normative research method with a legislative approach and a conceptual approach. The results of this study indicate that the principle of prudence in the digital banking sector plays a fundamental role in maintaining the stability and integrity of financial institutions. This principle not only helps in risk management, but also ensures a strong relationship between banks and customers, which is based on trust.
Reforming Justice: Unpacking the Pre-Judication and Post-Judicate Dynamics of the Sarpin Case in Law and Practice in Indonesia Sumardiana, Benny; Pujiyono, Pujiyono; Cahyaningtyas, Irma
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.10744

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This paper critically examines the Sarpin case within the context of Indonesia's criminal justice system, focusing on the legal reformation of pretrial procedures and their impact on the protection of suspects' human rights. Indonesia's criminal justice system adheres to the principle of presumption of innocence, which underscores the importance of safeguarding individual rights throughout the legal process. The introduction of the pretrial institution under the Criminal Procedure Code (KUHAP) has introduced significant shifts in judicial practices, particularly in evaluating coercive measures such as arrest, detention, and the termination of investigations. This research addresses three key questions: first, how pretrial procedures are regulated from the perspective of criminal law; second, how the reform of pretrial practices has been influenced by Judge Sarpin's landmark decision; and third, the broader implications of his ruling on the protection of human rights within the Indonesian criminal process. The paper utilizes a normative research method, analyzing relevant statutes and legal concepts through a statutory approach. In the Sarpin case, Judge Sarpin ruled that the investigation warrant used to initiate proceedings against Budi Gunawan was invalid, highlighting a critical legal interpretation of pretrial powers. This ruling not only questioned the procedural foundation of the case but also demonstrated the significant role of pretrial in defending the rights of suspects. Article 77 of KUHAP grants district courts the authority to examine the legality of coercive actions, providing a vital safeguard against potential abuses. The paper evaluates how Judge Sarpin's decision has reshaped legal practices in Indonesia, emphasizing its potential to reform both judicial attitudes and the protection of fundamental rights.