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All Journal JURNAL CENDEKIA HUKUM Journal of Law, Poliitic and Humanities
Siciliya Mardian Yoel
Universitas Islam Kadiri
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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COMPARISON OF THE ELIMINATOR OF THE STATUTE OF PREMEDITATED MURDER IN THE INDONESIAN AND GERMAN CRIMINAL LEGAL SYSTEMS Binti Nur Farida; Emi Puasa Handayani; Siciliya Mardian Yoel
JCH (Jurnal Cendekia Hukum) Vol 11, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i2.1334

Abstract

Expiration in law criminal is a restrictive instrument that states the authority of the state to demand the perpetrator's action after a certain term, which is justified on the basis of certainty and the efficiency of law enforcement. However, its implementation of premeditated murder causes problematic Issues in perspective, justice, and protection of the victim's rights. Under the system law, Indonesian criminal law remains in effect, with a maximum penalty of 20 years, as provided in Constitution Number 1 of 2023. In contrast, German criminal law has been deleted and is no longer applicable to murder premeditated with a confirmed characteristic crime, as it cannot fall by time (imprescriptible). Research: This use method is juridical-normative, employing a conceptual, regulatory-legislative, and comparative approach to analyze differences. The results of the study show that arrangements in Indonesia are more certainty-oriented than formal law. At the same time, Germany emphasizes substantive justice and the protection of fundamental rights, including the right to life. Implementation fell short of its crime-prevention potential, hindering access to justice and openness, leading to impunity. Moreover, in the context of development, modern forensic technology can reveal crimes over time. Therefore, it is necessary to reorient the policy and law of Indonesian criminal law towards the deletion of the expired murder premeditated.
Juridical Analysis of the Application of Bankruptcy Requirements in Commercial Court Practice in Indonesia Yuli Sarwanto; Siciliya Mardian Yoel; Nur Chasanah
Journal of Law, Politic and Humanities Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i4.3260

Abstract

This study sets out to analyze the practical implementation of bankruptcy requirements in Indonesia’s commercial courts, along with its impact on the legal safeguards available to both debtors and creditors. According to Indonesian law specifically Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations a bankruptcy petition requires at least two creditors and one payable debt that has matured. Adopting a normative juridical approach, the research draws on statutory and conceptual frameworks, and qualitatively examines primary, secondary, and tertiary legal sources. The results show that in commercial court practice, the enforcement of bankruptcy conditions tends to focus on formal criteria via the simple proof doctrine, often overlooking a comprehensive review of the debtor’s financial standing. This gives rise to several juridical issues, including the absence of an insolvency test, the potential misuse of bankruptcy as a pressure tool by creditors, and inconsistencies in court decisions interpreting “due and payable debt.” The implications reveal an imbalance in legal protection between debtors and creditors. Debtors are vulnerable to being declared bankrupt despite being solvent, while creditors may suffer losses due to premature proceedings. Therefore, optimization is needed through legal reformulation, strengthening jurisprudential guidelines, and enhancing the effectiveness of the Suspension of Debt Payment Obligations (PKPU) mechanism. In conclusion, the application of bankruptcy requirements in Indonesia still requires improvement to better reflect the principles of justice, legal certainty, and utility in a balanced manner.
Co-Authors Binti Nur Farida Emi Puasa Handayani Nur Chasanah Yuli Sarwanto