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All Journal Jurnal Akta International Journal of Artificial Intelligence Research Jurnal HAM Journal of Social Research Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science Jurnal Indonesia Sosial Sains Journal Research of Social Science, Economics, and Management Cerdika: Jurnal Ilmiah Indonesia
Faisal Santiago
Universitas Borobudur
Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Public Health Social Sciences

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Journal : Journal of Social Research

 1 
Reform of Corruption Criminal Law: a Study of Corruptor Asset Application Law in Indonesia Achmad Taufan Soedirjo; Faisal Santiago; Surya Jaya
Journal of Social Research Vol. 2 No. 9 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i9.1346

Abstract

The development of a new criminal law system in Indonesia still aims to reveal the crimes committed, find the perpetrators, and punish them with criminal sanctions, especially "corporate punishment", which includes imprisonment and the death penalty. Meanwhile, the issue of international law development, such as the issue of confiscation of proceeds of crime and tools of crime2, has not become an important component in the Indonesian criminal law system. The purpose of this study is to determine the extent to which the reform of corruption criminal law can be carried out, especially in terms of asset forfeiture of corruptors. The research method used is normative research with a legal approach and conceptual approach. The reform of corruption criminal law must provide a clear definition of asset forfeiture of corruptors. The definition must include various types of assets, both tangible and intangible, which are illegally obtained through acts of corruption. The research method used is normative research with a legal approach and conceptual approach. The results of the discussion show that the reform of corruption criminal law regarding the seizure of corrupt assets can strengthen corruption eradication efforts and improve the existing seizure mechanism. The legal reforms carried out include Law Number 31 of 1999 concerning Eradication of Corruption (PTPK Law); Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (TPPU Law); Presidential Instruction Number 3 of 2018 concerning Increasing the Role and Optimizing Community Participation in Corruption Eradication; Government Regulation Number 13 of 2021 concerning Procedures for Forfeiture of Corruption Proceeds.
Legal Protection for Persons with Disabilities in Specific Time Working Agreements Mohamad Adya Laksmana Sudradjat; Faisal Santiago
Journal of Social Research Vol. 2 No. 9 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i9.1359

Abstract

Law Number 8 of 2016 concerning Persons with Disabilities, explains that persons with disabilities are any person who experiences physical, intellectual, mental, and/or sensory limitations in interacting with the environment and other citizens experiencing obstacles and difficulties to participate fully and effectively. In the employment relationship between the company and the workforce, in this case, the problem solver is a promise of work. The work agreement is the basis for the formation of a working relationship. An employment agreement is valid if it fulfills the legal requirements of the agreement and the legal principles of the engagement. In the event that it is made in writing, it must pay attention to the applicable laws and regulations, for example, it regulates work agreements for a certain time. Fixed time work agreement. The problem is how is the legal protection for persons with disabilities in a work agreement for a certain time? Normative juridical and empirical juridical research methods. The perfection is that legal protection for people with disabilities in work agreements for a certain time is adjusted to the needs of the company which is carried out through requirements that have been stipulated in a separate decree, while still observing the applicable company laws and regulations and company laws and regulations. This can be seen from the lack of employee disturbance, such as at PT. Pupuk Indonesia the number of disruptive employees is 24 people, in terms of facilities PT. Pupuk Indonesia has prepared additional facilities for disruptive employees.
Current Study Concerning Parental Authority to Educate Children Reviewed Against the Provisions of the Child Protection Law in the Modern Era Taufan Zakaria; Faisal Santiago
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1638

Abstract

This research examines the current authority of parents in educating children, with a focus on the provisions of the Child Protection Law in the modern era. The research method was carried out through text analysis and literature studies related to legal provisions relating to the role of parents in educating children. At the discussion stage, the research identified the dynamics of parental authority involving aspects of children's freedom, human rights, and socio-cultural changes in the modern era. This study examines the concepts of appropriateness and relevance of the provisions of the Child Protection Law in accommodating the needs and rights of children to receive a balanced and quality education. Article 1 paragraph (1) of the Child Protection Law (No. 35 of 2014) states that children have the right to protection, care, and self-development so that they can live, grow, and develop optimally. The research results show that a deep understanding of these articles is crucial for maintaining a balance between children's rights and parental authority in the dynamic modern era. This research contributes to legal and educational literature, by presenting the latest views regarding the role of parents in educating children amidst the changing dynamics of modern society. Practical implications include recommendations for improving understanding and implementation of legal provisions, as well as educational approaches that support children's participation in their educational process.
Challenges and Prospects for Replacement Money in Addressing Corruption Crimes in the Indonesian Corporate World Hari Palar; Faisal Santiago
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1639

Abstract

This research examines the challenges and prospects of implementing replacement money in tackling criminal acts of corruption in the Indonesian corporate world. The research method was carried out through a normative juridical approach by analyzing related laws, case studies, and interviews with legal and business practitioners. The discussion begins by exploring the legal context, especially Article 18B of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001. The results of the research show that the application of replacement money as a legal instrument has significant prospects in providing a deterrent effect. and recover state losses. However, challenges arise in implementation practices, especially regarding the availability of accurate financial data and the company's ability to pay replacement money. Article 18B which provides the legal basis for the application of replacement money also requires further clarification to ensure consistency and effectiveness in handling corruption cases in the corporate world. The research results show that although replacement money has prospects in overcoming criminal acts of corruption in the business sector, additional steps are needed to increase its effectiveness. Recommendations include increasing cooperation between law enforcement agencies and companies, as well as expanding the scope of regulations to cover more aspects of business practices that have the potential to become a venue for corrupt practices. This research contributes to detailing the challenges and prospects for implementing replacement money as a legal instrument in the context of criminal acts of corruption in the Indonesian corporate world.
Optimizing the Recruitment Process of Constitutional Judges to Enforce Independence and Legal Justice in Indonesia Achmad Taufan Soedirjo; Faisal Santiago
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1651

Abstract

This research aims to analyze and propose optimizing the recruitment process for Constitutional Judges in Indonesia to uphold independence and legal justice. The research method used is the normative juridical method, which emphasizes the analysis of legal norms related to the recruitment process for Constitutional Judges. The discussion involves an in-depth review of relevant statutory articles, such as the 1945 Constitution of the Republic of Indonesia, the Constitutional Court Law, and other implementing regulations. In the discussion process, it was discovered that there was a need for increased transparency, public participation, and stricter selection criteria to ensure the integrity of Constitutional Judges. Certain articles, such as Article 24B of the 1945 Constitution, underline the importance of maintaining the independence of Constitutional Judges as guardians of the Constitution. The results of this discussion state that reforms in the recruitment process need to be carried out to ensure that the selected judges have high capacity and integrity. This research concludes that by optimizing the recruitment process for Constitutional Judges, the independence of the institution can be strengthened, as well as increasing public confidence in legal justice. It is hoped that increasing transparency and public participation can produce Constitutional Judges who can maintain justice and the sustainability of the Indonesian legal system.
Co-Authors Aan Rizalni Kurniawan Achmad Taufan Soedirjo Agus Fahrur Rozi Agus Supriyanto Amalia Sari Andik Puja Laksana Askolani Jasi Azis Budianto Bambang Budi Priyanto Dany Rimawan Dedi Pulungan Endro Satoto Evita Isretno Israhadi Francisca Romana Nanik Alfiani Hari Palar Hendra Ekaputra Herman Bakir Joko Cahyono Leti Ratna Kusumawati M. Saleh Mahmuddin Mahmuddin Makkamadin Aras Nai Megawati Barthos Mohamad Adya Laksmana Sudradjat Novi Hermawati Riza Endriyana Shofa Fathiyah Suparno Suparno Surya Jaya Syahrul Qiram Taufan Zakaria Tengku Riza Zarzani N Tubagus Rekayasa Kamal Djunaedi Wennie Melannie Zudan Arief Fakrulloh