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All Journal JURNAL MERCATORIA Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Fox Justi : Jurnal Ilmu Hukum International Journal of Humanities Education and Social Sciences International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT)
Firman Halawa
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Criminal Acts of Corruption Procurement of Goods and Services of Local Governments through Electronic Procurement Services (LPSE) Yasmirah Yasmirah; Firman Halawa; Sukur Tandiono; T. Riza Zarzani
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2250

Abstract

The rapid advancement of technology is seen as one of the right and effective methods to increase the transparency of public information access, by implementing an online system for goods/services procurement or known as Electronic Procurement Services (LPSE).  But corruption in the goods/services procurement of the local government continues even though the LPSE has been implemented. The purpose of this research is to knowing legal arrangements, forms of irregularities, and to explain the efforts of Government Internal Supervisory Apparatus (APIP) in preventing corruption in the goods and services procurement of the local government carried out through LPSE The research method used is a qualitative method that is descriptive. The type of juridical research is normative, that is literature study with secondary data types consisting of primary, secondary, tertiary legal materials. The legal arrangements related to the corruption of the public goods/services procurement are regulated in Law No. 31 of 1999 Jo. Law No. 20 of 2001, while the legal arrangements for the public goods/services procurement through LPSE are regulated in Presidential Regulation No. 16 of 2018 Jo. No. 12 of 2021 concerning the Public Procurement Goods/Services. LKPP Regulation as technical guidelines are LKPP Regulation No. 9 of 2018, No. 11 of 2018 Jo. No. 7 of 2020, and No. 14 of 2018. The configuration of irregularities that occur in the public goods/services procurement through LPSE include corruption regulated in Corruption Law, as well as irregularities in the form of administrative irregularities and general crimes, unfair business competition law, and corruption. The efforts of APIP in preventing corruption in the public goods/services procurement is an early warning at every phase of the goods/services procurement and the efforts of LKPP strengthening the Electronic Procurement System (SPSE) by using online-based applications, and law enforcement by firm and fair criminal sanctions to the corruptor in the goods/services procurement in accordance with the applicable corruption law.
Enhance of Legal Protection the Health Outsourcing Workers in Health Law Number 36 of 2009 Yohny Anwar; T. Riza Zarzani; Firman Halawa; T. M. Fauzi
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2251

Abstract

This research is to find out and analyze the legal regulation of health services for outsourcing workers, to find out and analyze the legal protection of health for outsourcing workers and to examine and analyze the law regarding sanctions for doctors and hospitals that make mistakes in health services for workers. The writing of this thesis research methodology uses normative juridical research methods using an empirical juridical approach, with qualitative analysis. Qualitative analysis means that research results do not depend on the amount of data based on numbers, but data analyzed is carried out in-depth and holistically. The normative juridical method means that research data is analyzed according to legal norms and court decisions relating to health services for outsourced workers. Legal materials or materials used to analyze are obtained from library materials that include primary, secondary and tertiary legal materials, secondary data used as references in this study, especially those relating to the legal protection of the health of outsourced workers in the health law. Data processing is carried out by editing and making data after the data is sorted and analyzed and then interpreted logically against the applicable provisions. After that, it is presented in the form of sentence descriptions. Based on the results of the study, it is known that health services for outsourcing workers. In-Law no. 13 of 2003 concerning Manpower, which becomes the primary reference in the world of Manpower, does not find the term outsourcing. In practice, a corporate liability that violates the labour law can be legally prosecuted for companies that do not provide health insurance for workers. Hospitals and doctors who check the health conditions of workers must provide good health services for outsourced workers.
UPAYA PENEGAKAN HUKUM ATAS INSIDER TRADING SEBAGAI KEJAHATAN ASAL (PREDICATE CRIME) DALAM TINDAK PIDANA PENCUCIAN UANG Firman Halawa; Marlina Marlina
JURNAL MERCATORIA Vol 5, No 2 (2012): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v5i2.675

Abstract

Pasar Modal dapat menjadi sarana pencucian uang karena adanya investasi yang dilakukan dengan tujuan untuk menyamarkan atau menyembunyikan asal usul sumber investasi yang dimasukkan ke Pasar Modal.  Pemidanaan atas tindak pidana asal dan pemidanaan atas pemanfaatan hasil tindak pidananya yang kemudian dikenal dengan istilah tindak pidana pencucian uang. Tindak pidana pencucian uang berkaitan erat dengan pelanggaran-pelanggaran di pasar modal termasuk  insider trading. Namun kenyataan yang terjadi hingga saat ini belum ada suatu kasus tindak pidana pencucian uang yang kejahatan asalnya insider trading diajukan ke persidangan. 
Corporate Criminal Liability As An Insurance Crime Perpetrator Based On Law Number 1 Of 2023 On Criminal Law Rusli Rusli; Firman Halawa
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 4 (2024): IJHESS FEBRUARY 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i4.908

Abstract

The Insurance Law and the Indonesian Penal Code regulate criminal acts such as fraud during agreements and insurance claims. However, prior to Law No. 1 of 2023, criminal liability applied only to individuals, not corporations. This specific law establishes corporate criminal liability in insurance matters, enabling prosecution against corporations and their executives. Cumulative criminal threats are challenging to impose on corporations as they apply to executives, not the corporation itself. This study is a normative legal investigation exploring regulations, principles, and legal norms, aiming to accurately comprehend corporate criminal liability in the insurance field in Indonesia. Insurance crimes in Indonesia before the enactment of Law No. 1 of 2023, such as fraud during agreements and claims, were governed by Articles 381 and 382 of the Penal Code. Insurance Law No. 40 of 2014 covers ten articles encompassing insurance crimes, including operating without a license, document forgery, and misuse of confidential information. Articles 45-50 of Law No. 1 of 2023 establish corporations as subjects of criminal acts in insurance. Penal sanctions include fines and additional penalties, focusing on impact assessment and losses, governing a specific accountability system within insurance-related criminal acts.
Related Case Of Current Process Of Claiming Oleh Children Through Restorative Justice In The Way Of Law Polres Binjai Ferry Irmawan; Firman Halawa; Muhammad Arif Sahlepi
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 5 (2024): IJHESS APRIL 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i5.1000

Abstract

Traffic accidents involving juvenile perpetrators often raise controversy in the implementation of criminal law, causing much polemic. The view that the legal process should be carried out and enforced without the rule of law and law enforcement is that the "passage" that includes the delict of guilt, that is, at the time of driving the vehicle to cause the occurrence of an accident and resulting death of the victim, should still be processed legally. The large number of traffic accidents involving minors is a serious concern for parents and governments. The State of Indonesia guarantees a basic principle of the application of the law to the child, which we can see in Article 16, Paragraph 3, of the Act No. 35 of 2014 on the Protection of the Child, which states that “arrest, detention, or criminal imprisonment is only carried out when it is in accordance with the applicable law and can only be done as a last resort. The concept of restorative justice in the settlement of traffic accident cases is intended to realize a shift of the criminal settlement process out of the criminal court process and resolved through the process of divorce. The police action in settling the traffic accident case by a minor child is to begin with the operation of the Place of Evidence of Things (TCP), to make news of the event, to carry out the investigation process, and to give time to the victims and perpetrators to punch. From this process begins the restorative justice, so that if the victim and the perpetrator are willing to peace and the offender is willing to pay damages, the parties make a peace declaration
THE EXISTENCE OF THE CRIMINAL THREAT OF THE DEATH PENALTY IN THE CRIMINAL ACT OF CORRUPTION IN INDONESIA Utreck Ricardo; Firman Halawa
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.325

Abstract

The uncontrolled increase in criminal acts of corruption will bring disaster not only to national economic life but also to the life of the nation and state in general. The Corruption Eradication Commission took over the investigation and prosecution as intended on the grounds that public reports regarding criminal acts of corruption were not followed up, the process of handling criminal acts of corruption was protracted or delayed without justifiable reasons. The purpose of this research is to find out and analyze what is the legal basis for the Corruption Eradication Commission's authority to carry out investigations and prosecutions? What are the obstacles faced by the Corruption Eradication Commission in carrying out investigations and prosecutions of corruption crimes? The research method used is normative juridical. The type of data used is secondary data. The results of the research are that the authority of the Corruption Eradication Commission to handle corruption cases is regulated in Article 6 letter c of the Corruption Eradication Commission Law which states that the Corruption Eradication Commission has the task of carrying out inquiries, investigations and prosecution of criminal acts of corruption. However, the Corruption Eradication Commission has additional authority, namely that it can take over corruption cases even if they are being handled by the Police or Prosecutor's Office (Article 8 paragraph (2) of the Corruption Eradication Committee Law). However, the takeover of the corruption case must be for the reasons stipulated in Article 9 of the Corruption Eradication Committee Law. Apart from the authority to take over corruption cases, there are other things that fall under the authority of the Corruption Eradication Committee, namely as regulated in Article 11 of the Corruption Eradication Commission Law and Article 50 of the Corruption Eradication Commission Law. The conclusion is that mutually agreed arrangements are needed to eliminate the notion that there is overlapping authority in terms of who has the authority to prosecute criminal acts of corruption that emerged after the issuance of the Law.
RESTORATIVE JUSTICE IN SETTLEMENT OF MINOR CRIMES Ilmuwani Lubis; Firman Halawa
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.331

Abstract

According to the proponents of the value of justice, the law has been moving quickly and more sharply if legal cases are related to small people and question the interests of big people, including those with power. However, if there is a case that involves or is suspected of being the perpetrator, big people and powerful people, then the law seems to be paralyzed and dull. Apart from requiring legal certainty and justice, legal solutions must also have beneficial value, which is the current problem and challenge. namely, how to realize a law enforcement process that is able to fulfill legal objectives, namely achieving legal certainty that is just and useful. The method used in this research is a descriptive analytical method with a normative juridical main approach.Reforming criminal law must be carried out with a policy approach, because it is essentially part of a policy step or policy (i.e. part of legal politics/law enforcement, criminal law politics, criminal politics and social politics). Criminal justice is not just seen as a crime prevention system. , but is seen as a social problem that is the same as crime itself. The implementation of criminal sanctions needs to be linked to human development policies that want to form complete Indonesian people. The use of criminal sanctions imposed on violators must be in accordance with civilized human values. Apart from that, punishment is used to raise awareness among offenders of human values ​​and social values. Prioritizing peace through deliberation to reach consensus is an integral mechanism in the life of society in Indonesia. Legal reform in Indonesia cannot be separated from conditions. The objective of Indonesian society is to uphold the values ​​of religious law in addition to traditional law, so it is necessary to explore legal products that are sourced and rooted in cultural, moral and religious values. Settlement of ordinary criminal acts with minor motives can be achieved through penal mediation, called the restorative justice approach, which focuses on there is direct participation of perpetrators, victims and the community in interpreting criminal acts. Restorative justice is also a new framework of thinking that can be used in responding to criminal acts for law enforcers and workers in Indonesia.
LEGAL POLICY ON SEXUAL HARASSMENT (CATCALLING) FROM THE PERSPECTIVE OF CRIMINAL LAW Wily Novan Prakoso; Firman Halawa
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.334

Abstract

This article aims to understand and analyze the regulation of catcalling from a criminal law perspective as well as analyzing the regulation of verbal sexual harassment according to criminal law reform. This research is normative legal research. The results of this research are that the act (catcalling) has the potential to be a criminal act that meets the elements of a criminal act, this act is categorized as an act of verbal sexual harassment and can be studied from several articles in the Criminal Code, the Law on pornography and the need for a legal policy. related to special rules for the act of catcalling to achieve legal certainty and also the fulfillment of criminalization conditions so that the act of catcalling can be specifically regulated. The conclusion is that the act of catcalling has the potential to be a criminal act that occurs in the public sphere through the elements of a criminal act, the impact of this act of catcalling results in mental and psychological disorders, up to the psychological level and to determine a policy it is necessary to pay attention to the morals, values ​​and principles contained in it. in society and pay attention to the conditions of criminalization. To achieve legal certainty, there is a need for legal policies regarding regulations specifically related to catcalling as well as social sanctions for catcalling perpetrators
The Role of the Indonesian National Police in Realizing Restorative Justice in Cases of Criminal Defamation Through Social Media (Case Study at the Pematangsiantar Police Headquarters) Zendrato, Ferawati; Ismaidar, Ismaidar; Firman Halawa
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of this study is to describe the role of the Pematangsiantar Police in realizing restorative justice in cases of criminal acts of defamation through social media and also to describe how defamation is regulated based on the perspective of Law No. 8 of 2011 as amended by Law No. 19 of 2016 concerning Information and Electronic Transactions contained in Article 27 paragraph (3) and the obstacles and efforts of the Pematangsiantar Police in realizing restorative justice. This research is descriptive and analytical in nature, obtained through normative and empirical legal approaches. Data collection techniques in this study were carried out using interview methods and literature studies. The types of data used in this study are primary data consisting of laws and secondary data consisting of various reading materials related to the research title, such as books, articles, journals, and literature. Based on the research results, it shows that (1) the regulation of criminal acts of defamation through social media has been regulated in Article 27 paragraph (3) of the ITE Law and the explanation of the implementation is in the Joint Decree of the ITE Law which is a guideline for the Pematangsiantar Police, (2) the role of the Pematangsiantar Police in realizing restorative justice in cases of criminal acts of defamation through social media includes receiving complaints, summonses, investigations and inquiries, examinations in which the police apply a resolution using the restorative justice method until it is successful with the stage of terminating the case if both parties agree to make peace, (3) The obstacles faced by the Pematangsiantar Police in realizing restorative justice at the investigation and inquiry stages are the difficulty in bringing the parties together, the failure to reach an agreement and the absence of a special budget allocated for the restorative justice process. To overcome these obstacles, efforts need to be made, namely: investigators should take a more humanistic approach to both parties, improve the quality and professionalism of human resources of law enforcement officers.
Co-Authors Ferry Irmawan Ilmuwani Lubis Ismaidar I, Ismaidar Marlina Marlina Muhammad Arif Sahlepi Rusli Rusli Sukur Tandiono T. M. Fauzi Tengku Riza Zarzani N Utreck Ricardo Wily Novan Prakoso Yasmirah Yasmirah Yohny Anwar Zendrato, Ferawati