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All Journal Autotech: Jurnal Pendidikan Teknik Otomotif Universitas Muhammadiyah Purworejo Masalah-Masalah Hukum NOTARIUS Diponegoro Law Journal Jurnal Dinamika Hukum Brawijaya Law Journal : Journal of Legal Studies Tadulako Law Review Jurnal IUS (Kajian Hukum dan Keadilan) INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Ius Constituendum Global Health Management Journal UPEJ Unnes Physics Education Journal Indonesian Journal of Advocacy and Legal Services JURNAL PEMBANGUNAN HUKUM INDONESIA JURNAL USM LAW REVIEW Jurnal Darma Agung Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Penegakan Hukum dan Keadilan Journal of Judicial Review International Journal of Educational Research and Social Sciences (IJERSC) Journal Philosophy of Law Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Legislasi Indonesia Indonesian Journal of Advocacy and Legal Services
Pujiyono Pujiyono
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Religion Arts Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mechanical Engineering Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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Optimizing Restorative Justice as an Alternative to Overcoming Corporate Crime in Indonesia Muksin, Muchlas Rastra Samara; Pujiyono, Pujiyono; Cahyaningtyas, Irma
Journal of Judicial Review Vol. 27 No. 1 (2025): June 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i1.10388

Abstract

This research aims to analyze how the regulation of corporate criminal liability in Indonesia and the opportunity of restorative justice as an alternative to corporate crime prevention in Indonesia. By using a normative approach this research uses a case approach, statutory approach, philosophical approach and comparative approach, this research explores the regulation of corporate criminal liability in Indonesia and how the challenges of alternative corporate crime resolution through restorative justice as a means of crime prevention. The results of this study The legal framework in Indonesia has not been able to fully address the complexity of corporate criminal liability, both in terms of material and procedural aspects.The retributive approach has proven to not touch the root of the problem. This is where restorative justice offers an alternative with a focus on restoring relations between perpetrators, victims, and the community. However, its application in the corporate context is still limited and not supported by integrated regulations.Meanwhile, countries such as France and Germany have adopted the Victim Offender Mediation (VOM) mechanism as part of their criminal justice system. In France, VOM has a strong legal basis, including the 1993 amendment to the Criminal Procedure Code and institutional support from INAVEM. VOM is implemented at the pre prosecution stage, with the condition that the perpetrator admits guilt and the victim's consent. Judges and prosecutors are given the discretion to drop the case if mediation is successful.VOM there is not only a forum for compromise, but also a tool for restoring participatory and humane justice. With a clear mechanism and the active role of mediation institutions, this system opens up opportunities for renewal in handling corporate crimes in Indonesia.
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.
Co-Authors Agusta, Evelin Nur Agustiawan, M. Hendri Ahmad Ridwan, Nur Almira Rahma, Ardita Anis Widyawati Ardi, Muhammad Khalif Arifin, Alif Wisuda Barda Nawawi Arief Bhakti, Rizky Atswari Cahya Wulandari Claudia, Natasya Debora Natalia Sudjito Dwi Maryono Encep, Encep Fernando, Zico Junius Hardiani, Putri Hari Purwadi, Hari Ikhsan Ikhsan Irawan, Chandra Noviardy Irma Cahyaningtyas, Irma Jamal Wiwoho Jaya, I Nyoman Serikat Putra Khamami Zada Kristiani Kristiani Kukuh Tejomurti, Kukuh Mahardika, Sylvester Enricho Mara Sutan Rambe Mardiana - Maria Silvya E. Wangga Marmi Sudarmi Marpi, Yapiter Muchlas Rastra Samara Muksin Muhammad Ishar Helmi, Muhammad Ishar Najlalinka, Zahrafhia Ndraha, Agung Silwanus Nugroho, Sofyan Nur Rochaeti Nur Rochaeti, Nur Pati, Umi Khaerah Pranoto Pranoto Priscilia, Erika Pulungan, Muhammad Al Faisal Putra Jaya, Nyoman Serikat Putra, Aista Wisnu Putra, Risqi Perdana Putra, Yagie Sagita Putrajaya, Nyoman Serikat Rani Tiyas Budiyanti Rian Saputra Roy Rovalino Herudiansyah Sa'adah, Nabitatus Sahid, Mualimin Mochammad Saptanti, Noor Saputra, Andika Oktavian Sembiring, Rya Elita Br Slamet Subiyantoro Sulistyo, Edhei Sunny Ummul Firdaus Supeno, Bambang Joyo Tuhana Tuhana Umi Rozah Wicaksono, Adi Hardiyanto Yasin Surya Wijaya