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Benny Djaja
The Master of Notary Law, Tarumanagara University, Jakarta, Indonesia.
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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ACTUALIZATION OF LEGAL PHILOSOPHY IN THE CRIMINAL JUSTICE SYSTEM IN INDONESIA Rosalina Simanungkalit; Benny Djaja
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.631

Abstract

This study aims to analyze the actualization of legal philosophy in the criminal justice system and review critical theory in efforts to deal with crime in society. Legal philosophy has an important role in shaping the basics of legal thinking and directing the development of an effective criminal justice system. Meanwhile, critical theory provides a critical view of the existing legal system and highlights social, economic, and political aspects that influence crime prevention. This research uses a descriptive-analytical research method by reviewing the relevant literature and literature. The analysis is carried out by studying the concepts of legal philosophy in the context of criminal justice, as well as analyzing critical theoretical reviews of the legal system and efforts to deal with crime in society. The results of the research show that the actualization of legal philosophy in the criminal justice system is important for ensuring justice and protecting individual rights. Principles such as the presumption of innocence, legal certainty and proportionality of punishment form the basis for carrying out the functions of criminal justice. In addition, a critical theory review highlights the importance of understanding the social, economic, and political factors that are at the root of crime problems. Crime prevention efforts need to involve a holistic approach that goes beyond mere criminal proceedings, involving rehabilitation programs, community empowerment, and increasing legal awareness.
THE CONCEPT OF APPLYING LEGAL PROTECTION FOR WITNESSES IN UNCOVERING CORRUPTION CASES BASED ON JUDGE'S DECISION NUMBER 34/PID.SUS-TPK/2020/PN.JKT.PST. Fransisca Chatharina Yulian; Benny Djaja
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.632

Abstract

This study aims to analyze the legal efforts undertaken in the context of protecting witness-victims in corruption cases, particularly related to the return of assets of corruption, based on the judge's decision Number 34/Pid.Sus-TPK/2020/PN.Jkt.Pst concerning the Jiwasraya Case. The focus of this research is to identify and analyze the protective measures provided to witness-victims in order to be able to provide information that supports the asset recovery process. The research method used is a normative approach using laws, regulations, and court decisions as a reference. Data was collected through a literature study and analysis of documents related to the Jiwasraya case and the legal framework related to the protection of victim witnesses. The results of the study show that in the judge's decision, there are legal efforts made to protect witness victims in order to return the assets of corruption. These protection efforts include safeguarding the identity of witnesses, providing physical and psychological protection, as well as granting privileges to witness-victims in giving testimony in court. However, several obstacles were found in efforts to protect victim witnesses. Some of them are intimidation or threats against witness-victims, lack of understanding and awareness about witness protection, and difficulties in providing long-term security guarantees for witness-victims. The conclusion of this study is that legal efforts to protect victims-witnesses in corruption cases are very important in returning the assets of corruption. Effective protective measures can increase the confidence of witness-victims to provide accurate testimony and support a fair and transparent asset recovery process.
LEGAL CERTAINTY ARTICLE 15 PARAGRAPH (3) LAW NUMBER 2 OF 2014 CONCERNING AMENDMENT TO LAW NUMBER 30 OF 2004 CONCERNING NOTARIES Rubby Aditya Panglima; Benny Djaja
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.633

Abstract

This study discusses the ambiguity of norms in Article 15 paragraph (3) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notaries (Amendments to the Notary Law) which affect legal certainty in the regulation of the authority of a notary related to "authority others regulated in the Legislation". This provision causes confusion regarding the scope and limits of a notary's authority in carrying out his duties. This study also analyzes the impact of the ambiguity of these norms on the implementation of the authority of a notary in legalizing electronic transactions. Through a normative legal research approach, the author analyzes the relevant articles in the Notary Law and related laws and regulations to understand the legal context related to the authority of a notary. This research finds that the ambiguity of norms in Article 15 paragraph (3) creates ambiguity regarding the limits and scope of a notary's authority in terms of "other authorities regulated in Laws and Regulations". The impact of the ambiguity of this norm can be seen in the implementation of the authority of a notary in legalizing electronic transactions. Without clarity regarding the scope of this authority, notaries may face difficulties in determining whether they have the authority to certify certain electronic transactions, which in turn can affect the legal certainty in such transactions. This study suggests the need for clarification of norms in Article 15 paragraph (3) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notaries. A clear clarification will provide clarity to notaries regarding the limits and scope of their authority in relation to "other authorities stipulated in Laws and Regulations", so as to increase legal certainty and the effectiveness of the implementation of notary powers in validating electronic transactions.
Co-Authors Fransisca Chatharina Yulian Rosalina Simanungkalit Rubby Aditya Panglima