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Corporate As a Criminal Act of Corruption in Indonesia Dia Lizza Elina; Budi Parmono; Rahmatul Hidayati
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): 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.v5i3.6265

Abstract

In Indonesia, corruption is widely accepted as an epidemic disease, some even consider it to have become a societal culture. Corruption in Indonesia today is systemic and endemic so that it is not only detrimental to state finances and the country's economy but has also violated the economic and social rights of the wider community. The existence of a corporation as a legal subject has a very important role in the development of a country. So that corporations have the potential to commit deviant acts and lead to criminal acts. The punishment of corporations is different from the punishment of people, because corporations have a different character in principle from the criminal law subject of people. Corruption in Indonesia has penetrated into all aspects of life, to all sectors, to all levels. In this study, the authors formulate several problem formulations, namely regarding the regulation of criminal acts of corruption by corporations, corporate responsibility as perpetrators of criminal acts of corruption, and sanctions or punishment of corporations as perpetrators of corruption. This study uses a normative legal research method, and by using a statutory approach and a philosophical legal approach. The results of the research obtained are that normatively, it has outlined provisions other than individuals, corporations are also legal subjects who can be charged with corruption. With the stipulation of a corporation as a legal subject, rights and obligations arise in it, so if a corporation commits a criminal act of corruption, it must be viewed as a Person who can be held accountable. And also later the imposition of sanctions or crimes against corporations that legally commit a criminal act of corruption, for the determination of sanctions for corporations that commit criminal acts of corruption there are several ways, among others, imposing fines on corporations and revocation of business licenses.
Settlement of Default Disputes in Credit Agreements Between BPR Bank (BUMD BIMA) and Customers Using State Attorney Prosecutors Uni Apriani; Budi Parmono; Sunardi
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1452

Abstract

The State Attorney is a government apparatus that acts in law enforcement in accordance with Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004. The problems raised by the author are to determine the Settlement of Default Disputes in Credit Agreements Between BPR Banks (BUMD BIMA) ) With Customers Who Use State Attorneys (Studies At the Coastal Bank of Bima City). The research method uses sociological juridical in the form of interviews conducted by the author directly. Based on the results of the study that in its duties and authorities the State Attorney's Attorney has a very important role in law enforcement, however regarding the above provisions, namely Law Number 11 of 2021 concerning the Indonesian Prosecutor's Office, if what is discussed is related to non-litigation settlement of default disputes, then these rules has not been able to accommodate comprehensively related to mediation efforts carried out by JPN, as stipulated in the Law. For this reason, additional rules are needed, namely the provisions contained in the Decree of the Attorney General of the Republic of Indonesia No: Kep.225/A/J/A/3/2003 Regarding Duties and Authority of State Attorney.
Notary's Responsibility for Authentic Deeds Made With Forged Letter ( Case Study Decision No. 933 K/ Pid / 2023) Rizka Saraswati Malinda; Budi Parmono; Sunardi
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1606

Abstract

Accountability Notary Public to deed authentic made with letter false often found that makes Notary Public face to face with problem law . article This use The approach method used in this study is the Normative Juridical approach method because the main data used is secondary data, namely data obtained based on literature studies, related regulations, and publications from related parties . The following are results analysis from writing article This namely , a Notarial Deed that has perfect evidentiary power, but if it violates certain provisions, its evidentiary value will be degraded to having evidentiary power as a private deed and can also be submitted through the cancellation of the notarial deed in court. False information that is the basis of a notarial deed does not make the deed null and void by law. Parties who feel disadvantaged by the deed are required to file a Civil lawsuit with the Court with the aim of canceling the deed that is detrimental to them. If the court has applied a permanent legal basis, then the deed is null and void by law.
THE IMPACT OF CYBERBULLYING ON ADOLESCENT MENTAL HEALTH, AND LAW ENFORCEMENT IN INDONESIA Rofi’i; Budi Parmono; Rahmatul Hidayati
International Journal of Cultural and Social Science Vol. 6 No. 1 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i1.1038

Abstract

This study focuses on the psychosocial and academic impacts experienced by high school students as victims of cyberbullying. The main objective of this study is to identify the forms of digital bullying experienced by students and explore the emotional and social responses that arise as a result of the incident. Using a qualitative approach with a case study method, data were collected through in-depth interviews with five students who were victims of cyberbullying, direct observation in the school environment, and supporting documentation. The results of the study showed that all respondents experienced psychological stress such as deep shame, excessive anxiety, and fear in social interactions, both online and offline. In addition, cyberbullying also has an impact on decreased concentration in learning, academic achievement, and reluctance to participate in school activities. The variation in social support received by victims also shows a significant gap in the student assistance and protection system at school. The implications of this study emphasize the importance of collaborative interventions between schools, families, and digital communities to build a comprehensive detection, assistance, and recovery system for victims of cyberbullying. This study also recommends strengthening digital literacy and legal education as part of a long-term preventive strategy.
CRIMINAL SANCTIONS AGAINST CHILD OFFENDERS REPEAT OFFENSE Moh. Haizul Ma’aly; Rahmatul Hidayati; Budi Parmono
International Journal of Cultural and Social Science Vol. 6 No. 2 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i2.1085

Abstract

This research focuses on the ambiguity of legal norms related to recidivism in the juvenile justice system in Indonesia, particularly within the framework of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). This research uses a normative juridical approach with conceptual analysis methods and a statute approach, supported by empirical data from five case studies of recidivist juvenile cases tried at the District Court "X" during the period 2022–2024. The research findings indicate that the absence of explicit norms regarding juvenile recidivism leads to disparities in sentencing, weak legal certainty, and potential violations of the principle of child protection. This research recommends the need to reformulate the SPPA Law to include substantive provisions regarding recidivism, as well as harmonization with the National Draft Criminal Code which has systematically included the definition of recidivism. The implications of this research emphasize the importance of a more responsive and consistent legal reform in ensuring justice for children in conflict with the law
THE POSITION OF SEPARATE CREDITOR HOLDERS OF THIRD-PARTY COLLATERAL IN EXECUTING COLLATERAL OBJECTS DURING INSOLVENCY Moh. Harish Mubrizul Haq; Budi Parmono; Rahmatul Hidayati
International Journal of Cultural and Social Science Vol. 6 No. 2 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i2.1086

Abstract

This research aims to analyze the legal position of preferential creditors regarding collateral owned by third parties (guarantor) within the bankruptcy system in Indonesia, using a normative juridical approach and case studies of commercial court rulings. In practice, there is often inconsistency between legal norms and their application, especially when the curator includes third-party collateral in the bankruptcy estate without a valid legal basis. Based on Articles 55 and 56 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU), a separatis creditor has an execution right that can still be carried out independently, even if the debtor is declared bankrupt. These rights are protected by the principles of droit de préférence, droit de suite, and the accessory principle in the theory of property security. This research also shows that the curator does not have the legal authority to determine the ownership status of the collateral object, which should be determined by the court. Protection of third-party property rights is guaranteed by the theory of property protection and the constitution. Therefore, consistency in the application of law, technical guidelines, and stable jurisprudence is necessary to ensure legal certainty, justice, and balanced protection of the rights of all parties in the bankruptcy process.
THE UNITED STATES’ INVOLVEMENT IN THE IRAN-ISRAEL CONFLICT: A NORMATIVE ANALYSIS OF NEUTRALITY AND COLLECTIVE DEFENSE UNDER INTERNATIONAL LAW Domingos Correia Tavares; Budi Parmono; Rahmatul Hidayati
International Journal of Cultural and Social Science Vol. 6 No. 3 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i3.1121

Abstract

This research focuses on analyzing the United States' involvement in the conflict between Iran and Israel through the provision of military aid to Israel, as well as its implications for the principles of neutrality, collective defense, and the laws of war from an international legal perspective. This study uses a normative qualitative research method with a juridical-analytical approach to various international legal instruments, such as the Hague Convention, the United Nations Charter, and the doctrines of jus ad bellum and jus in bello. The results of the study indicate that the form of strategic support from the United States, which includes the supply of defense equipment and intelligence collaboration, not only exceeds the boundaries of the principle of neutrality but also exploits the principle of collective defense unilaterally without formal legitimacy from the UN Security Council. Furthermore, this involvement contributes to violations of international humanitarian law, particularly in the context of proportionality and the protection of civilians. The implications of this research indicate the need to reinterpret and strengthen oversight mechanisms regarding the practice of third-state intervention in armed conflicts, in order to prevent the delegitimization of international law and maintain stability and justice in the global system.
Criminal Law Policy Expires on Criminal Acts of Corruption Achmad Eka Yougi Ardata; Moh. Muhibbin; Budi Parmono
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10389

Abstract

This research is motivated by the increasing number of cases of criminal acts of corruption in Indonesia. One of the reasons behind this is the implementation of the statute of limitations, so that many corruptors remove traces of not taking responsibility for the criminal acts they have committed. The aim of this research is to determine and analyze criminal law regulations and policies regarding the statute of limitations in criminal acts of corruption. This research uses normative juridical methods. The results of this research are that the statute of limitations for criminal acts of corruption has not been specifically regulated in the Law on the Eradication of Corruption Crimes. So that in its implementation it is based on 2 regulations with provisions, namely a minimum state loss of IDR 1,000,000,000. Article 40 of Law Number 19 of 2019 applies, namely an expiry period of 2 (two) years. Meanwhile, losses resulting from criminal acts of corruption are below IDR 1,000,000,000, Article 78 of the Criminal Code applies, based on the Corruption Eradication Law, which states that the criminal threat consists of a minimum imprisonment of one years and a maximuam of twenty years, as well as life imprisonment, then the applicable expiry times are six years, twelve years and eighteen years. Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.