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All Journal Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Journal of Law Perspectives Review
Irwan Triadi
Universitas Pembangunan Nasional Veteran
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Sanksi Pidana Untuk Korporasi dan Pemegang Saham Korporasi Atas Tindak Pidana Lingkungan Hidup Suryani Alawiyah; Irwan Triadi
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.176

Abstract

The seriousness of the Indonesian government in paying attention to the environment is manifested in the existence of Law Number 32 of 2009 concerning Environmental Management by regulating criminal liability for corporate legal subjects subject to criminal penalties. This is because many environmental crimes are committed by corporations and may also be carried out by corporate shareholders as policy controllers of a corporation. Against the background of environmental criminal acts which are often committed by corporations and even shareholders are also involved in these criminal acts, this article aims to provide an illustration that shareholders can also be given criminal sanctions. The method used in this research is normative juridical with a literature study approach. The results of this research explain that corporations that commit environmental crimes are clearly regulated in Law Number 32 of 2009 so that criminal sanctions can be given to provide deterrence to corporate perpetrators, but for corporate shareholders involved it is not yet explicitly regulated in Law Number 32 of 2009. 2009 because they have not adopted the Piercing the corporate veil doctrine and the alter ego doctrine as in Law Number 40 of 2007 concerning Limited Liability Companies in article 3 paragraph (2) which eliminates the immunity rights of shareholders so that they can be punished.
Penyelesaian Sengketa Kesehatan Dengan Metode Non Litigasi, Mediasi, Arbitrase Dan Alternatif Lainnya Maryanto; Irwan Triadi
Journal of Law Perspectives Review Vol. 1 No. 1 (2025): Juli
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i1.17

Abstract

This article aims to analyze the effectiveness of non-litigation dispute resolution methods in the healthcare sector, focusing on mediation, arbitration, and other alternatives such as negotiation, conciliation, and expert determination. This study employs a qualitative approach through normative legal analysis and literature review of relevant Indonesian laws and regulations, including Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, the Medical Practice Law, and Supreme Court Regulation No. 1 of 2016 on Mediation Procedures. The findings indicate that non-litigation methods offer significant advantages over traditional litigation, particularly in terms of time efficiency, cost reduction, and the preservation of relationships between patients and healthcare providers. Mediation facilitates mutually beneficial agreements (win-win solutions), while arbitration provides binding decisions without lengthy court procedures. Additionally, internal complaint mechanisms and the roles of institutions such as the Indonesian Medical Disciplinary Honorary Council (MKDKI) contribute to the institutionalization of non-litigation approaches. In conclusion, non-litigation healthcare dispute resolution is a more adaptive, humane, and trust-based solution that aligns with the demands of responsive healthcare services. Enhancing legal literacy and institutional capacity in mediation practices is essential to broaden the implementation of these methods.
Tata Kelola Keuangan Negara Di Era Post Pandemi: Kajian Hukum Atas Pengelolaan Dana Pemulihan Ekonomi Nasional Ismarini Della purnama; Novaranty Zura Dwiputri; Walidul Halim; Irwan Triadi
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.34

Abstract

The COVID-19 pandemic compelled the Indonesian government to adopt extraordinary fiscal measures to maintain national economic stability. One of the key instruments was the National Economic Recovery (PEN) Program, which allocated Rp695.2 trillion in 2020 and increased in subsequent years. Although implemented under emergency conditions, the program remained subject to the principles of state financial governance mandated by national laws, particularly Law No. 1 of 2004 on State Treasury. This study examines the extent to which the principles of transparency, accountability, efficiency, and public participation were applied in the management of PEN funds during the post-pandemic period, and identifies legal and institutional challenges that hinder their implementation. Using a normative juridical approach combined with qualitative analysis of legislation, state financial reports, and audit findings from the Supreme Audit Agency (BPK), the research finds that despite adequate regulatory provisions, several gaps persist in practice. These include limited fiscal data integration, weak cross-sector oversight, inconsistent disclosure of budget realization, and insufficient mechanisms for meaningful public engagement. The study also highlights structural constraints within implementing agencies that reduce policy coherence and delay monitoring processes. Strengthening legal instruments, enhancing digital transparency systems, and improving public accountability frameworks are therefore essential to ensure effective and legitimate state financial management when responding to future crises.
Penerapan Teori Penemuan Hukum dalam Putusan Hakim Pada Praktik Peradilan di Indonesia Reviana Mutiara Indah; Suripno Marwanto; Azelia Rizki Sarwono; R. Rangga Maulana; Irwan Triadi
Journal of Law Perspectives Review Vol. 1 No. 2 (2025): Oktober
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v1i2.42

Abstract

This study examines the application of legal discovery theory in judicial decisions within the Indonesian judicial system. Judges in Indonesia are not only required to apply written law but also to interpret and construct legal norms when existing regulations are incomplete or insufficient. This condition creates a practical need for legal discovery as a means to fill legal gaps and ensure that judicial decisions reflect substantive justice. The objective of this paper is to analyze the theoretical foundations of legal discovery, explore how these theories operate within national legal principles, and identify how judges implement them in judicial reasoning. Using a normative juridical method, this study reviews statutory provisions, judicial decisions, and doctrinal sources to understand the patterns and rationale behind judicial legal discovery. The findings show that judges frequently rely on interpretation, legal principles, and societal values to establish legal norms, especially in cases involving regulatory ambiguity. These practices contribute to achieving justice and legal responsiveness, although they also pose challenges to maintaining legal certainty. The study concludes that legal discovery plays a strategic role in strengthening the judiciary’s function as a guardian of justice, and its proper application can enhance the adaptability of Indonesian law to evolving social needs.
Juridical Analysis of the Constitutional Court's Decision Number 81/PUU-XXIII/2025 Rejecting the Formal Test of Law Number 3 of 2025 concerning Amendments to Law Number 34 of 2004 concerning the Indonesian National Army Walidul Halim; Irwan Triadi
Journal of Law Perspectives Review Vol. 2 No. 1 (2026): Januari
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i1.68

Abstract

Constitutional Court Decision Number 81/PUU-XXIII/2025, which rejected the formal judicial review of Law Number 3 of 2025 concerning the Amendment to Law Number 34 of 2004 on the Indonesian National Armed Forces (TNI), has sparked debate regarding the standards of law-making in a democratic rule-of-law state. This study analyzes the Court's legal reasoning in assessing the formal constitutionality of the TNI Law and examines its constitutional implications for the principles of due process of law, transparency, and meaningful public participation. This research employs a normative legal method using statutory, conceptual, and case approaches, focusing on an in-depth analysis of the Court's decision. The findings show that the Constitutional Court justified the legislative process by emphasizing the urgency of national defense policy and certain normative considerations, concluding that the planning, drafting, and deliberation stages formally complied with legal requirements. However, dissenting opinions from several Justices highlight procedural concerns, including the designation of the bill as a carry-over bill, revisions to the National Legislation Program (Prolegnas) without adequate evaluation, and the limited guarantee of meaningful public participation. Although the law was declared formally constitutional, the decision raises concerns about procedural flexibility that may weaken democratic legislative standards and affect the quality of constitutional governance in Indonesia.
Comparison of the Indonesian Military Legal System with the Malaysian Military Legal System Anis Fauzan; Walidul Halim; Irwan Triadi
Journal of Law Perspectives Review Vol. 2 No. 1 (2026): Januari
Publisher : Catalist Indo Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64670/jlpr.v2i1.69

Abstract

This study addresses the problem of how differences in legal traditions influence the structure and enforcement of military law in Indonesia and Malaysia. It aims to examine and compare the legal foundations, institutional structures of military courts, and the characteristics of law enforcement applied to members of the armed forces in both countries. The research employs a normative juridical method with a comparative law approach by analyzing statutory regulations, particularly Law Number 31 of 1997 on Military Courts in Indonesia and the Armed Forces Act 1972 (Act 77) in Malaysia, as well as relevant legal literature and doctrines. The findings reveal that the principal differences between the two systems derive from their respective legal traditions—Civil Law in Indonesia and Common Law in Malaysia—which shape the organization of military courts, jurisdictional design, and procedural mechanisms for adjudicating military offenses. Indonesia relies on a codified and hierarchical military judicial structure, whereas Malaysia integrates common law principles within its court-martial system. Nevertheless, both systems share a fundamental objective, namely maintaining discipline, hierarchy, and command effectiveness within military institutions. In conclusion, despite structural and procedural distinctions, the military legal systems of Indonesia and Malaysia pursue similar normative goals. This study contributes to the development of comparative military law and offers a reference for strengthening military legal reform in Indonesia in alignment with the principles of the rule of law, military professionalism, and legal supremacy.
Co-Authors Anis Fauzan Azelia Rizki Sarwono Ismarini Della Purnama Maryanto Novaranty Zura Dwiputri R. Rangga Maulana Reviana Mutiara Indah Suripno Marwanto Suryani Alawiyah Walidul Halim Walidul Halim