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Analysis of Corporate Criminal Liability in Consumer Protection Crimes in Indonesia after the Enactment of Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code Andreas Daniel Libri Anugrah Situmeang; Lasmin Alfies Sihombing; Yeni Nuraeni
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.750-772

Abstract

The practice of abusing the corporate veil as a shield for organized economic crime has caused massive losses to consumers and created serious loopholes for impunity for the intellectual actors involved. Therefore, this study aims to analyze the urgency of expanding the Piercing the Corporate Veil doctrine from the civil realm into criminal law as a progressive law enforcement instrument. In addition, this study also aims to formulate a model of criminal liability that is capable of ensnaring the actual beneficial owners in order to optimize restorative justice and restitution for the victims. To answer these questions, this study uses a normative juridical research method using a legislative and conceptual approach that is analyzed qualitatively and normatively based on a literature review. The extension of the Piercing the Corporate Veil (PCV) doctrine into the realm of criminal law through Law Number 1 of 2023 marks a fundamental transformation in prosecuting intellectual actors and beneficial owners behind corporate crimes. This extension effectively dismantles the limited liability immunity that is often abused, thereby providing a strong legal basis for the application of restorative justice through the optimization of asset restitution for victims of consumer protection crimes. Ultimately, the success of implementing this new paradigm depends heavily on cross-institutional synergy among law enforcement agencies in tracking assets and promoting a culture of corporate compliance in order to create an accountable business ecosystem.
Legal Protection for Doctors in Performing Medical Actions after the Enactment of Law of the Republic of Indonesia Number 17 of 2023 concerning Health at Siloam Hospital, Bogor City Frieda Krisnawaty; L. Alfies Sihombing; Yeni Nuraeni
Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i3.120

Abstract

Objective: This study aims to analyze the construction of legal protection for medical personnel and the pattern of hospital accountability in the implementation of medical actions after the enactment of Law Number 17 of 2023 concerning Health. Methods: The method used is normative juridical with an empirical approach through literature studies, analysis of laws and regulations, and interviews. Results: The results of the study show that the legal protection of medical personnel has been positivized in Article 273 paragraph (1) letter a of Law No. 17 of 2023, while the obligation of hospitals obtains an operational basis through Article 851 of PP No. 28 of 2024. A case study at Siloam Hospital in Bogor City shows the implementation of protection through a layered mediation and supervision mechanism by the Medical Committee, MKEK, and MKDKI. Conclusion: However, obstacles were found in the implementation of Law Number 17 of 2023 concerning Health, in the form of suboptimal synchronization of derivative regulations, weak implementation of informed consent, and high potential lawsuits that are not always based on medical professional assessments.
THE URGENCY OF REVISING THE REGULATIONS ON LEGAL REVIEW EFFORTS TO ACHIEVE JUSTICE AND LEGAL CERTAINTY Resi Nurul Hasanah; Alfies Sihombing; Yeni Nuraeni
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2156

Abstract

Law enforcement in the Indonesian rule of law, based on Pancasila and the 1945 Constitution, aims to achieve justice, legal certainty, and utility in a balanced manner. However, in practice, there are still various problems, such as the declining public trust in law enforcement agencies and inconsistencies in judicial decisions. One of the crucial problems is the regulation of the legal remedy of judicial review (PK) which still places the authority of examination and decision-making in the same institution, namely the Supreme Court, thereby potentially causing conflicts of interest and reducing the objectivity of the judiciary. This research aims to analyze the urgency of renewing the regulation of judicial review in realizing justice and legal certainty. The research method used is normative legal research with a library approach, thru the analysis of relevant primary and secondary legal materials. The research results indicate that reform of the review regulation is necessary thru the strengthening of checks and balances mechanisms, including considering the involvement of other institutions outside the Supreme Court and the reaffirmation of the novum criteria as the main requirement for submitting a review. Thus, these reforms are expected to enhance the effectiveness of the review as an instrument of justice and strengthen the integrity of the judicial system in Indonesia.
ENFORCEMENT OF CRIMINAL LAW ON PORNOGRAPHY IN INDONESIA FROM THE PERSPECTIVE OF NATIONAL CRIMINAL LAW REFORM Mey Sri Yanti W; Iwan Darmawan; Alfies Sihombing
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2167

Abstract

The development of information and communication technology has brought significant changes to the patterns of production, distribution, and consumption of digital content in Indonesia, including the increased spread of pornographic content thru cyberspace. This phenomenon poses serious challenges in the enforcement of criminal law due to the complex, anonymous, and transnational nature of digital crimes. This research aims to analyze the regulation of pornography offenses in Indonesia, law enforcement from the perspective of national criminal law reform, and the effectiveness of law enforcement in addressing digital pornography. The research method used is normative legal research with a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively thru descriptive methods. The research results show that pornography offenses in Indonesia are regulated by Law Number 44 of 2008 on Pornography, Law Number 1 of 2023 on the Criminal Code, and the Electronic Information and Transactions Law. However, the diversity of these regulations still creates the potential for normative disharmony, overlapping regulations, and multiple interpretations of the definitions and scope of prohibited acts. Law enforcement against pornography crimes shows a shift from a repressive approach to a preventive and educational approach in line with the direction of national criminal law reform. Nevertheless, its implementation still faces obstacles from the aspects of legal substance, legal structure, and the legal culture of society. The effectiveness of law enforcement against digital pornography is still not optimal due to the rapid development of technology, the limited capacity of law enforcement officers, and the low digital literacy of the public. Therefore, regulatory harmonization, institutional strengthening, and increasing public legal awareness are necessary to achieve effective, adaptive, and just law enforcement.
Sexual Grooming of Children Mode through Live Streaming: Legal Gaps in the Face of Anonymity of Online Transactions L. Alfies Sihombing; Yeni Nuraeni; Wahyudi Wahyudi; Loso Judijanto; Abidah Abdul Ghafar
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.28259

Abstract

The rapid development of digital technology has enabled new forms of child sexual exploitation, including sexual grooming conducted through live-streaming platforms. This phenomenon demonstrates not only the heightened vulnerability of children in cyberspace but also the limitations of national legal frameworks in addressing crime patterns characterized by anonymity and online financial transactions. This study employs a combined normative and empirical juridical approach to provide a comprehensive understanding of online grooming cases in Indonesia. The normative component analyzes statutory provisions, child protection laws, and digital platform regulations to identify the intended legal protections for children. The empirical component complements this by collecting first-hand insights through semi-structured interviews with law enforcement officers, representatives of the Indonesian Child Protection Commission (KPAI), digital platform operators, and victim support companions. The integration of these approaches reveals gaps between legal norms and enforcement practices, particularly regarding institutional constraints, reporting mechanisms, and socio-technical challenges faced in case handling. The findings show that grooming through live streaming involves complex psychological manipulation facilitated by platform features that allow perpetrators to maintain anonymity. Current regulations do not explicitly recognize online grooming as a distinct criminal offense, nor do they adequately address anonymous electronic transactions commonly used in this crime. Court decisions also illustrate inconsistencies in legal application due to the absence of specific norms governing technology-based grooming. These findings highlight the urgency of reformulating national legal policies by introducing explicit criminal norms on digital grooming, strengthening penalties for online media–based sexual crimes, and regulating anonymous online transactions. The study further recommends enhancing the role of digital financial institutions and technology platforms in prevention, monitoring, and reporting mechanisms. In addition, community-based education and preventive interventions are essential to complement law enforcement efforts and create a safer digital environment for children.
Unraveling The Tangled Threads in The Handling of Corruption Crime & Its Impact on The Effectiveness of The Criminal Justice System in Indonesia Alfies Sihombing; Yeni Nuraeni
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.50255

Abstract

Handling corruption in Indonesia is a crucial issue that affects the integrity and effectiveness of law enforcement. Based on Law No. 31 of 1999 amended by Law No. 20 of 2001, corruption includes various acts that harm state finances, such as abuse of authority and bribery. Data from Transparency International shows that corruption remains a serious problem with Indonesia's Corruption Perception Index in 2023 scoring 34 out of 100. This research aims to provide academic insights and practical policy recommendations to improve the effectiveness of law enforcement and corruption eradication in Indonesia. The main focus of this research is on institutional reform, improving supervision, and strengthening accountability to strengthen the integrity of the criminal justice system and increase public trust in law enforcement institutions. This research uses a normative juridical methodological approach by utilizing various analytical techniques, including comparative, conceptual, and statutory approaches. This research shows that structural and procedural weaknesses in handling corruption in Indonesia, such as unclear legal definitions and weak institutional coordination, hinder the effectiveness of corruption eradication. Legal reforms, structural improvements, and strengthened oversight are needed to improve the justice system, build public trust, and support equitable social and economic development.
Kebijakan Hukum Pidana terhadap Restorative Justice dalam Perspektif Hak Asasi Manusia Yeni Nuraeni; L. Alfies Sihombing
Jurnal Hukum Positum Vol. 4 No. 1 (2019): Jurnal Hukum Positum
Publisher : Prodi Magister Ilmu Hukum Fakultas Hukum Universitas Singaperbangsa Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35706/positum.v4i1.3009

Abstract

Setiap individu harus dijamin haknya, karena itu HAM tidak dapat dicabut oleh siapapun termasuk dirinya sendiri. Istilah HAM berarti hak tersebut ditentukan dalam hakikat kemanusiaan dan demi kemanusiaan. Jaminan HAM dalam UUD 1945 pasca amandemen merupakan pencapaian progresif yang patut disyukuri. Bagaimana mewujudkan jaminan HAM dalam kehidupan nyata adalah merupakan tantangan besar yang harus kita jawab dan lakukan. Jangan sampai jaminan HAM yang tercantum dalam konstitusi itu hanya bersifat normatif belaka yang bertolak belakang dengan prakteknya. Dalam system peradilan pidana saat ini masih banyak yang terabaikan HAM baik pelaku maupun korban. Dalam hal ini Secara konseptual, Restorative Justice berisi gagasan-gagasan dan prinsip-prinsip seperti membangun partisipasi bersama antara pelaku, korban, dan kelompok masyarakat menyelesaikan suatu peristiwa atau tindak pidana.