Claim Missing Document
Check
Articles

The Concept of Resolving the Conflict of Norms Between Criminal Confiscation and General Bankruptcy Confiscation of Bankruptcy Assets Viewed from the Perspective of Justice Handayani, Suci Hati; Sambas, Nandang; Jamila, Lina
Journal La Sociale Vol. 5 No. 4 (2024): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v5i4.1244

Abstract

In the scope of business, business actors, both individuals and legal entities, often borrow money (debt) with the aim of obtaining capital intended for the continuity of their business activities. In practice, often a debtor fails to fulfil his obligations or achievements, not because it is caused by force majeure (overmatch). Such a situation is called default. In Bankruptcy Law, there is a type of confiscation, namely general confiscation. In connection with that, there is a conflict of norms between the provisions of general confiscation in Article 31 paragraph (2) of Law No. 37 of 2004 with the provisions of criminal confiscation / confiscation in Article 39 paragraph (2) of the Criminal Procedure Code. This research method uses normative juridical and empirical juridical approaches. The data used in legal research are primary data and secondary data. The results of this study, the Government as the Regulator is expected to immediately make a legal formulation policy in connection with the general confiscation of bankruptcy as regulated in Law No. 37 of 2004 and criminal confiscation as regulated in the Criminal Procedure Code and other related regulations, and in order to seek justice in law enforcement, especially related to confiscation of bankruptcy property, in essence the provisions of laws and regulations do not contradict each other, must be in harmony in order to ensure legal certainty and legal protection in its implementation. Therefore, it is necessary to revise the two confiscation provisions regulated in the two regulations, especially the general bankruptcy confiscation provisions regulated in Article 31 of Law No. 37 of 2004.
Manifest Social Justice Judging from the Principles of Islamic Law on Corporate Criminal Aspects of the Environment: Literature Review Rimsyahtono; Sambas, Nandang; Januarita, Ratna; Imaniyati, Neni Sri
Jurnal Hukum Islam Vol 19 No 2 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i2.4958

Abstract

Corporate punishment in the environmental aspect has not led to social justice based on Islamic law principles because of the lack of attention to the community as victims who suffer losses due to environmental pollution, which should be a life support. This study aimed to realize that social justice based on Islamic law principles incorporates punishment in environmental aspects for the future. This type of research uses a normative legal typology to approach the principles, systematics, and level of legal synchronization of legislation based on Islamic Law and Law No. 32 of 2009 concerning Environmental Protection and Management. Secondary data obtained through library studies were analyzed descriptively. The results show that the nature of corporate punishment in environmental aspects in Islamic Law aims to prevent corporations from repeating their actions, prevent other corporations from participating in environmental pollution, and foster corporations that have polluted the environment. Furthermore, the embodiment of social justice based on Islamic law principles incorporate punishment in the environmental aspect must contain the values of corporate culture and community development. Social justice is in line with the principle of the benefit of the people in Islamic Law, where each punishment contains aspects of paying attention to victims of crime.
Protection and Legal Aid for Women Migrant Workers with Problems in Kuala Lumpur Malaysia Sundary, Rini Irianti; Sambas, Nandang; Setiadi, Edi
Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Vol. 9 No. 1 (2025): Amwaluna: Jurnal Ekonomi dan Keuangan Syariah
Publisher : UPT Publikasi Ilmiah UNISBA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/amwaluna.v9i1.2971

Abstract

Indonesia is one of the largest migrant worker-sending countries in Southeast Asia, with Malaysia being a major destination. Most of these migrant workers are women working in the informal sector, such as domestic helpers, who are often vulnerable to exploitation and human rights violations. The research on the protection of Indonesian female migrant workers in Malaysia aims to identify the problems faced, analyze the effectiveness of existing policies and programs, and provide recommendations to improve their protection and welfare. This research is important to contribute to improving the system of placement and protection of migrant workers, and to ensure that their rights are respected and protected. The research method used is the normative juristic method, which prioritizes secondary data, but is also complemented by primary data in the form of interviews and discussions with migrant workers who are experiencing legal problems in Kuala Lumpur Malaysia. In conclusion, female migrant workers, especially those working in the informal sector as domestic workers, are highly vulnerable to various forms of human rights violations, including exploitation, physical and psychological violence, sexual harassment, excessive working hours, inadequate wages, and poor working conditions. Illegal status exacerbates vulnerability, as illegal migrant workers do not have the same legal protections as legal migrant workers and are afraid to report abuses they experience
Legal Analysis of the Responsibility of Business Actors in Fulfilling Obligations for Halal Certification and BPOM Distribution Permits for Food Products Yoel Latif; Sambas , Nandang
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 4 No. 1 (2025): April : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v4i1.1979

Abstract

This study aims to analyze the legal liability of business actors in fulfilling the obligation of halal certification and distribution permits from the National Agency of Drug and Food Control (BPOM) for food products distributed in Indonesia. Halal certification and distribution permits are two essential instruments to ensure the safety, quality, and halal status of products in circulation. Using a normative juridical approach and literature study, this research examines the legal provisions regulating these obligations, including Law Number 33 of 2014 on Halal Product Assurance, Law Number 36 of 2009 on Health, and other implementing regulations. The results indicate that business actors bear both preventive and repressive responsibilities in ensuring that their products are safe and halal for consumption. Failure to fulfill these obligations may lead to administrative or criminal sanctions and negatively impact consumer rights. Therefore, active roles from the government and relevant institutions are necessary to promote awareness, supervision, and legal enforcement to increase business compliance with the applicable regulations.
Legal Protection Of Patients Regarding Healthcare Services at Unaccredited Private Dental Practices Agus Gede Sutamaya; Nandang Sambas; Agus Hadian Rahim; A. Harits Nu’man; Dini Dewi Heniarti; Ida Bagus Nyoman Dhedy Widyabawa
Interdental Jurnal Kedokteran Gigi (IJKG) Vol. 21 No. 1 (2025): Interdental Jurnal Kedokteran Gigi (IJKG)
Publisher : Fakultas Kedokteran Gigi, Universitas Mahasaraswati Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46862/interdental.v21i1.11165

Abstract

Introduction: Accreditation of independent dental practices has become an important issue in dental health to ensure standards of quality and patient safety. Quality services, according to WHO dimensions (2018), require efforts for improvement both internally and externally, including accreditation every five years. The high incidence of patient safety events in various countries highlights the need for better protection. Accreditation is also implemented in other countries, such as Australia and Singapore, with significant support from local governments. Methods: This study employs a descriptive legal analysis method to outline criminal responsibilities. Data were collected through documentation of laws and relevant regulations. The analysis used a qualitative approach, linking the data to applicable legal provisions. Conclusions were drawn deductively to achieve a comprehensive understanding of the issues. Discussion: Patient safety has increasingly become a primary focus in managing healthcare facilities, especially due to the growing global attention to this issue. Data indicate that independent dental practices (TPMDG) can be high-risk facilities impacting patient safety. WHO (2009) identified four factors contributing to patient safety incidents: organizational, teamwork, environmental, and individual factors. Among these, organizational and teamwork factors significantly contribute to patient safety issues, including safety culture, leadership, and communication. Conclusion: Accreditation of independent dental practice locations is crucial to ensure the quality and safety of healthcare services through the implementation of strict standards and external oversight. Legal protection for patients receiving services at non-accredited practices can be achieved through several means in accordance with the applicable legislation in Indonesia.
The Urgency of Good Corporate Governance in The Per-spective of Business Law in Indonesia Ashuri Ashuri; Nandang Sambas
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 4 No. 1 (2025): April : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v4i1.2034

Abstract

The implementation of Good Corporate Governance (GCG) principles in business practices in Indonesia has a high urgency to create a healthy, transparent and equitable business climate. This article examines the importance of GCG implementation from the perspective of business law, by highlighting the various challenges faced by business actors in implementing the principles of transparency, accountability, responsibility, independence, and fairness. The study also analyzes the role of regulation and law enforcement in strengthening GCG practices and their impact on investor protection and business continuity. Using a juristic normative approach, this article emphasizes that GCG is not only an ethical instrument, but also a legal obligation that supports the creation of sustainable and highly competitive corporate governance at the national and global levels.  
PENGATURAN HUKUM TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL Novianti; Sambas, Nandang
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1641

Abstract

Legal regulation of defamation through social media is becoming an increasingly complex issue because it is carried out in a digital space that does not recognize territorial and time boundaries. The purpose of this study is to find out what are the legal regulations regarding criminal acts of defamation on social media based on Law Number 11 of 2008. The research method used is a normative research type because this study describes existing problems, to be further discussed with studies based on legal theories and then linked to applicable laws and regulations in legal practice. Article 27 Paragraph (3) of Law Number 11 of 2008 concerning the ITE Law states that anyone who intentionally and without the right distributes and / or transmits and / or makes accessible electronic information that contains insults and / or defamation. Criminal sanctions for violations of this article are regulated in Article a maximum of 4 (four) years imprisonment and / or a maximum fine of Rp. 750,000,000.00 (seven hundred and fifty million rupiah.”
EFEKTIVITAS RESTITUSI DALAM PENCEGAHAN KEKERASAN DALAM RUMAH TANGGA YANG BERULANG: TINJAUAN HUKUM PIDANA DAN PERLINDUNGAN KORBAN Oktadiana, Viri; Sambas, Nandang
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1644

Abstract

Kekerasan dalam rumah tangga (KDRT) merupakan pelanggaran hak asasi manusia yang berdampak luas terhadap korban, baik secara fisik, psikologis, maupun sosial. Salah satu instrumen hukum yang ditawarkan untuk melindungi korban dan mencegah kekerasan berulang adalah restitusi. Makalah ini mengkaji efektivitas restitusi dalam konteks hukum pidana Indonesia, dengan fokus pada perlindungan dan pemulihan korban. Melalui pendekatan yuridis-normatif dan analisis kualitatif terhadap kasus-kasus relevan, makalah ini menemukan bahwa meskipun secara normatif restitusi diakui dalam sistem hukum, penerapannya masih terbatas dan belum maksimal dalam mencegah kekerasan berulang. Diperlukan reformulasi kebijakan hukum pidana serta penguatan mekanisme perlindungan korban yang berkelanjutan agar restitusi tidak hanya bersifat simbolik, melainkan fungsional dan transformatif.
EXTRAJUDICIAL KILLING OLEH APARAT PENEGAK HUKUM SEBAGAI PELANGGARAN PRINSIP DUE PROCESS OF LAW DALAM PERSPEKTIF HAK ASASI MANUSIA Anan, Moh. Shofi; Sambas, Nandang
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1647

Abstract

Extrajudicial killings committed by police officers in Indonesia in the context of the principle of due process of law and protection of human rights (HAM). The rule of law guarantees that every law enforcement action must be carried out fairly, transparently, and in accordance with legal procedures, but in reality, acts of extrajudicial killings still often occur. Cases of shootings by police officers, such as the shooting of students in Semarang and various other incidents in several regions, indicate serious violations of the principles of law and human rights. This study uses a qualitative normative approach by examining relevant national and international legal provisions, including Law Number 39 of 1999 concerning Human Rights, the Criminal Code, the Criminal Procedure Code, and the Regulation of the Chief of Police on the use of force in police actions. Data were obtained from laws and regulations, human rights institution documents, and related scientific literature. (1) The results of the study indicate that acts of extrajudicial killings constitute a serious violation of the principle of due process of law, reflect abuse of authority and damage the credibility of law enforcement officers. (2) This violation also has a serious impact on the protection of human rights in Indonesia, especially the right to life which is non-derogable. The legal accountability mechanism for this practice is still weak, so it is necessary to reform the monitoring system and increase the accountability of law enforcement officers.
EFEKTIVITAS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KEKERASAN SEKSUAL DALAM PERSPEKTIF UNDANG-UNDANG TINDAK PIDANA KEKERASAN SEKSUAL Amri, Qoonitah; Sambas, Nandang
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1648

Abstract

Article 1 paragraph (3) of the 1945 Constitution emphasizes that the State of Indonesia is a State of Law. Regulations begin in every aspect of the life of the Unitary State of the Republic of Indonesia, according to these rules. The lives of people all over the world are influenced by very important rules. Law enforcement is the only place where regulations can be implemented naturally and effectively. From various information in the news media, issues related to sexual violence continue to be a hot topic of discussion. The increase in cases of sexual violence in various levels of society has led to more and more reports regarding this problem. However, in practice, we often find that many children become victims of unethical behavior carried out by men. The formulation of the problem that will be discussed is 1. What is the legal protection for victims of sexual harassment committed by Herry Wirawan, 2. What is the criminal responsibility for cases of sexual harassment committed by Herry Wirawan. This research uses normative juridical legal research. Soerjono Soekanto defines the normative juridical approach as a legal research method that focuses on library materials or secondary data. The increasing number of violent crimes is a serious concern for the government. The community also shows a deep sense of anger towards the high rate of violence that often occurs in various aspects of life in Indonesia.