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All Journal Unram Law Review Era Hukum: Jurnal Ilmiah Ilmu Hukum KRTHA BHAYANGKARA Kanun: Jurnal Ilmu Hukum International Journal of Law and Society Journal of Law and Security Studies
Joko Sriwidodo
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Law, Crime, Criminology & Criminal Justice Social Sciences

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POLITIK HUKUM RANCANGAN PERUBAHAN KUHP Joko Sriwidodo
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 2 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i2.9817

Abstract

The Criminal Code (KUHP) is a legal book that regulates criminal regulations against crimes or offenses. The Criminal Code in effect in Indonesia itself is still a colonial legacy of the Criminal Code, although it has undergone several reforms to revoke, add and refine articles in the Criminal Code, for example Law no. 1 of 1946 concerning Criminal Law Regulations, Law no. 7 of 1974 concerning Control of Gambling and several other laws and regulations. Systematics of the Criminal Code consists of 3 books with 569 articles. Because our KUHP still uses the KUHP from colonial heritage, it is necessary to amend the KUHP (RUU KUHP) so that it contains more local wisdom values and the development of Indonesian society. In making amendments to the Criminal Code, Indonesia as a democratic rule of law involves the DPR (Parliament) and the Government. Because these changes have to go through discussions between the DPR and the Government and must be included in the Prolegnas. The problems that will be examined in this research are: (1) How is the Political Law of Changing the Law in Indonesia ?, (2) How is the Political Law of the Draft Amendment to the Criminal Code in Indonesia ?. This paper wants to try to provide an overview of the Political Law of the Draft Amendment to the Criminal Code in Indonesia, both in the normative theory of law and in practice. This research is a normative legal research conducted through library research by conducting studies and analyzing primary, secondary and tertiary legal materials. In this writing, the researcher also carried out observation activities on the Political Law in the Draft Amendment of the Criminal Code, the public response to the Draft Amendment to the Criminal Code.
DETERMINING A JUSTICE COLLABORATOR’S STATUS OF CORRUPTION: DISPARITIES CONSIDERATION OF INDONESIAN LAW ENFORCEMENT Tofik Yanuar Candra; Joko Sriwidodo
Kanun Jurnal Ilmu Hukum Vol. 25, No. 1, April 2023: Legal Developments in National and Global Context
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v25i1.28659

Abstract

The absence of a comprehensive legal framework for determining justice collaborator status in Indonesia has resulted in adverse consequences, particularly in the realm of corruption law enforcement, leading to discrepancies in its implementation. The objective of this study is to examine the process of identifying justice collaborators in Indonesia and assess the existing disparities in this determination. The present study employs a normative research design, wherein the author employs a descriptive qualitative approach. The existing literature indicates that the management of justice collaborators involved in corruption offenses within Indonesia's criminal justice system is currently governed by several Indonesian statutes, namely Acts Number 7 of 2006, Number 5 of 2009, Number 31 of 2014, and Circular Letter of the Supreme Court Number 4 of 2011. The presence of difficulties in the implementation of protecting Justice collaborators and the reluctance of the perpetrators to collaborate with law enforcement is evident in the disparity observed in the determination of justice collaborators in a corruption case in Indonesia.
english: english Joko Sriwidodo
Unram Law Review Vol 7 No 2 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i2.292

Abstract

Problems in Human Rights Court in enforcing the laws with human rights violations and gross human rights violations, the Human Rights Court has been established in the general judicial environment. Gross violations of human rights cases that recently occurred where unscrupulous members of the National Police committed acts of obstruction of justice in the case of the premeditated murder of Brigadier General Josua Hutabarat. Human rights violations by unscrupulous police officers in carrying out their duties as law enforcers may occur and must be enforced. The purpose of this study is to determine the gross violations of human rights and obstruction of justice by members of the National Police in the Hutabarat premeditated murder case. The research method used was a normative juridical approach, with the type of data used secondary data sourced from primary legal materials, such as the Criminal Code, the Corruption Eradication Law, and secondary legal materials. The result of this study shows that in the recent case of premeditated murder between members of the police, there are human rights violations by the National Human Rights Commission in the form of obstruction of justice. Related to the act of preventing, obstructing, and thwarting must be done intentionally. Analytically, the acts of” preventing” and “thwarting” can be categorized as deliberate, with the intention that the perpetrator wants the prohibited consequences to occur in the form of non-implementation of prosecution against the perpetrators of criminal acts.
Rehabilitation of Narcotic Addictives: An Overview of Implementation and The Effort by Restorative Justice Tofik Yanuar Chandra; Joko Sriwidodo; M.S. Tumanggor
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.780

Abstract

The progress of narcotics addictives is very concerning today and certainly requires comprehensive, integrated and continuous handling. However, in several cases, judges did not consider Article 103 of the Narcotics Law to provide rehabilitation for addicts and victims of narcotics abuse. Based on the background above, the problems that will be discussed in this study are: how is the implementation of the rehabilitation process for addicts and victims of narcotics abuse in Indonesia? And how does restorative justice apply to narcotics addicts through the rehabilitation process? This research is normative legal research with descriptive nature. The research results show that the implementation of rehabilitation for addicts and victims of narcotics abuse in Indonesia can be seen from the data for 2021 and 2022. It shows that the punishment for most narcotics addicts is imprisonment. So that efforts are needed from law enforcement officials prioritising rehabilitation for narcotics addicts to enforce restorative justice law. One of the efforts of restorative justice from law enforcement officials against narcotics addicts is the establishment of the Attorney General's Guidelines Number 18 of 2021 concerning the Settlement of Handling Cases of Crime of Narcotics Abuse through Rehabilitation with a Restorative Justice Approach as the Implementation of the Prosecutor's Dominus Litis Principle
Kebijakan Publik Yang Berbasis Hak Asasi Manusia Joko Sriwidodo; Dwi Andayani Budisetyowati; Palmawati Taher
KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i2.801

Abstract

Public policy is an instrument for resolving conflicts in society. Public policies based on human rights are public policies that are formed to become a reference in providing services to the community by prioritizing human values. The formation of public policies based on human rights itself is in accordance with the mandate of Pancasila, the 1945 Constitution of the Republic of Indonesia, and Law Number 39 of 1999 concerning Human Rights itself. This research aims to contribute knowledge to policy makers in implementing human rights-based public policies. This research is research using library research. Public policy is a series of policy decisions made by a person or group of people in realizing the goals of every problem experienced by society. Public policy based on human rights in Indonesia is a relatively new policy. This human rights-based public policy has only been implemented within the Ministry of Law and Human Rights with the issuance of Minister of Law and Human Rights Regulation Number 27 of 2018 concerning Human Rights-Based Public Service Awards, which was then refined by replacing this regulation with Minister of Law and Human Rights Regulation (Permenkumham) Number 2 of 2022 concerning Human Rights-Based Public Services (P2HAM). The issuance of the Permenkumham P2HAM is in accordance with the public service standards regulated in Law Number 25 of 2009 concerning Public Services. In order to produce good and equitable human rights-based public services, it is necessary to have human rights-based public policies that apply broadly and evenly. Thus, it is necessary to make human rights-based public policy rules in all sectors, so that injustice does not occur.
Regulation of Corporate Criminal Liability According To Law Number 1 Year 2023 On The Criminal Code Joko Sriwidodo; M.S. Tumanggor
KRTHA BHAYANGKARA Vol. 18 No. 1 (2024): KRTHA BHAYANGKARA: APRIL 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i1.1650

Abstract

Corporation as a subject of criminal law that can be held criminally responsible is not known in the old Criminal Code. This is because the old Criminal Code is a legacy of the Dutch colonial government whose legal system adheres to the Continental European legal system (civil law). Countries that adhere to the civil law legal system are a little behind in terms of regulating corporations as subjects of criminal law, in contrast to countries that adhere to the common law legal system, which has regulated corporate liability and this has started since the industrial revolution. In Indonesia itself, the regulation on corporation as a subject of criminal law is regulated in the Law outside the Criminal Code. Meanwhile, the new Criminal Code has regulated corporations as legal subjects that can be held criminally liable. As regulated in Article 45 to Article 50, Article 56, and Articles 118 to 124 of Law No. 1 of 2023 on the Criminal Code. Although prior to the enactment of Law No. 1 of 2023 on the Criminal Code there was already Perma No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations and Regulation of the Attorney General of the Republic of Indonesia Number PER-28/A/JA/10/2014 concerning Guidelines for Handling Criminal Cases with Corporate Legal Subjects. Prior to the issuance of the regulation, the Attorney General's Office had first issued Circular Letter of the Attorney General of the Republic of Indonesia Number B-036/A/FT.1/06/2009 regarding Corporations as Suspects/Defendants in Corruption Crimes addressed to the Head of High Prosecutors throughout Indonesia. Thus, Corporations as a subject of criminal law can already be held criminally liable with the strength and legal certainty stipulated in the New Criminal Code.
Legal Perspective On The Legality Of A Company Or Agency In Conducting Business Ade Onny Siagian; Ramlani Lina Sinaulan; Joko Sriwidodo
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.281

Abstract

In a company, it will always be connected to third parties and want to protect the company that is run honestly ("te goeder trouw"), so the legality of a company is important in business activities. The legality of a company or business entity is the most important element, because legality is the identity that legalizes or validates a business entity so that it is recognized by the public. The legality of the company must be valid according to laws and regulations, where the company is protected or covered by various documents until it is legal in the eyes of the law. Forms of Company Legality There are several types of identities that legalize a business entity, including: company name, company brand, and trade business license. While the benefits of company legality are as a means of legal protection, a means of promotion, proof of compliance with the law, making it easier to get a project and facilitating business development. The large number of companies that are established without legalizing the company is very detrimental to other companies that run their business activities honestly.
Analysis of Legal Protection for Third Parties as Owners of Collateral Objects of Mortgage Rights : Case Study of Cirebon Religious Court Decision Number 808/Pdt.G/2021/PA CN Arie Herawati; Ramlani Lina Sinaulan; Joko Sriwidodo
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.282

Abstract

The involvement of a third party in a debt agreement as the owner of the collateral object is a legal act that often occurs in society. Not a few third parties feel disadvantaged due to the debt agreement between the debtor and the creditor because there are still no regulations that clearly regulate their legal protection, one of the cases is Decision Number 808 / Pdt.G / 2021 / PA CN This study aims to examine problems related to legal protection for third parties as owners of collateral according to applicable laws and regulations. This research method uses a normative legal approach by approaching the laws in force in Indonesia, then a normative analysis is carried out using data sources in the form of laws and regulations, court decisions, opinions of legal experts, along with existing legal concepts. This study will later focus on legal protection for third parties as collateral owners based on applicable regulations and legal settlements if third parties feel disadvantaged by the collateral object they own. From the results of the study, it can be concluded that there is no prohibition on the involvement of third parties as guarantors of land rights in the debt agreement process, however, legal regulations regarding the role of third parties are only explained implicitly in Law No. 4/1996, resulting in third parties being vulnerable to being harmed. As a form of legal protection for third parties, it can be done through a preventive process by issuing APHT and SKMHT by authorized officials, in addition, if the third party's rights have been harmed, it can be taken through litigation and non-litigation.
Aspects of the influence of commercial law on corporate ethical practices in Indonesia Noh Chang Dong; Ramlani Lina Sinaulan; Joko Sriwidodo
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.283

Abstract

Analyzing the implications of business law on business ethics practices in Indonesia using library research methods. Data was collected from various literature sources relevant to the research topic. The results show that business law has an important role in shaping business ethics in Indonesia. Business law regulates the rights and obligations that arise from agreements and agreements in business practices. Factors underlying business law such as developments in national development, business ethics, internal and external factors and legal awareness influence the implementation of business law in ethical and responsible business practices. Solutions that can be provided to improve the implementation of business law and ethical business practices in Indonesia are by strengthening regulations, effective law enforcement, education, government collaboration with business, accountability, and the formation of an independent supervisory body. In improving the implementation of business law, it is hoped that it can create a fair, transparent and integrity business environment and make a positive contribution to economic development and social welfare in Indonesia.
The Role of Legal Analysis and Evaluation in Realizing the Formation of Better Legislation Joko Sriwidodo; Ramlani Lina Sinaulan
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3795

Abstract

Evaluation of legal rules will produce recommendations on whether the rules need to be changed, revoked, or maintained. This process is part of the ex-post legal analysis method carried out on legal rules that have been enacted in accordance with Article 7 of the PPP Law , including Laws/Government Regulations in Lieu of Laws, Government Regulations, Presidential Regulations, Provincial Regulations, Regency/City Regulations, and other types of legal rules as stipulated in Article 8 paragraph (1) of the PPP Law . In legal analysis and evaluation, several methods are used with steps to inventory data on regulations related to the issues that have been determined, including colonial regime regulations that are still in effect today. Related supporting data is also needed to complete the material. Analysis and evaluation of related regulations are deepened by using the supporting data for further refinement. Based on Results Report Analysis And Evaluation Law related order manage government by Body Coaching Law National (BPHN) Ministry Law and human rights in 2020 , there are a number of The law that was carried out analysis And evaluation , including : Law Number 15 of 2006 concerning the Audit Board, Law Number 15 of 2004 concerning the audit of state financial management and accountability, Law Number 37 of 2008 concerning the Ombudsman, Law Number 25 of 2009 concerning Public Services, Law Number 5 of 2014 concerning State Civil Apparatus, Law Number 30 of 2014 concerning Government Administration and several others.
Co-Authors Ade Onny Siagian Arie Herawati Dwi Andayani Budisetyowati M.S. Tumanggor Maulana Fahrul Hidayat Noh Chang Dong Palmawati Taher Ramlani Lina Sinaulan St Laksanto Utomo Tofik Yanuar Candra Tofik Yanuar Chandra