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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum West Science Interdisciplinary Studies West Science Social and Humanities Studies
Joice Soraya
Universitas Wisnu Wardhana Malang
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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THE CONSTRUCTION OF CORPORATE FAULT RELATED TO CORPORATE CRIMINAL ACTS IN THE NEW CRIMINAL CODE: IMPLICATIONS AND FORMULATIONS Joice Soraya; Wahyu Prawesthi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4438

Abstract

In the development of modern criminal law, corporate crime has become a primary concern because corporations, as separate legal entities from the individuals within them, are increasingly involved in various widespread legal violations. Therefore, discussions regarding the construction of "corporate fault" in the new Draft Criminal Code (RKUHP) have become crucial to provide legal certainty and justice in handling criminal acts committed by corporations. This research aims to formulate the appropriate formulation in constructing "corporate fault" related to corporate criminal acts in the new Draft Criminal Code (RKUHP), considering the legal, economic, and business implications that may arise. This research uses a normative legal research method with legislative and conceptual approaches. The results of the analysis will be presented in descriptive-analytical form. The research findings indicate that the appropriate formulation in constructing "corporate fault" related to corporate criminal acts in the new RKUHP is by adopting the concept of corporate criminal liability that allows corporations to be held accountable for the actions or omissions of individuals acting on behalf of or for the benefit of the corporation. However, the new RKUHP needs to clearly define the definition of a corporation, criteria and conditions under which a corporation can be held accountable, types of criminal acts and applicable sanctions, as well as a proportional accountability mechanism while still adhering to criminal law principles, best practices from other countries, human rights protection, legal certainty, investment climate, and practical aspects of law enforcement. This formulation should be comprehensive and balanced to provide legal certainty, justice, and support national economic growth by considering legal implications, appropriate law enforcement mechanisms and evidence, legal certainty aspects, investment climate, corporate compliance and risk management, as well as legitimate business continuity.
THE PHENOMENON OF "CLICK" AND THE PRINCIPLE OF GOOD FAITH IN ONLINE BUYING AND SELLING: A PHILOSOPHICAL PERSPECTIVE ON BUSINESS LAW Wahyu Prawesthi; Joice Soraya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4447

Abstract

The development of information and communication technology has driven the growth of the increasingly popular phenomenon of online buying and selling, but it has also brought legal issues related to the principle of good faith in such transactions. In the context of online buying and selling, the action of "clicking" as an expression of intent to enter into a sales agreement has legal implications, but it is not yet clear whether it truly reflects free will and good faith considering the virtual nature of transactions which are vulnerable to issues such as lack of clarity in information or fraud. This research aims to examine the phenomenon of "clicking" in online buying and selling transactions from the perspective of the philosophy of business law and its relation to the principle of good faith in contract law, as well as to analyze the legal developments and regulations in Indonesia in accommodating this phenomenon along with the challenges faced in its implementation. This research uses a normative legal research method. A conceptual approach is used to understand the concepts and principles of law related to the phenomenon of "clicking" and the principle of good faith in online buying and selling in depth from the perspective of the philosophy of business law, by collecting data through literature review and analyzing the data qualitatively. The research findings show that the review of the philosophy of business law emphasizes that the action of "clicking" in online buying and selling transactions should be regarded as a manifestation of free will and good faith if based on complete and transparent information, and there is no imbalance in bargaining positions between businesses and consumers. Efforts to enhance transparency, strengthen consumer protection, and enforce the law rigorously are needed to create a fair and dignified online buying and selling ecosystem. Meanwhile, regulatory developments in Indonesia such as the ITE Law and the PMSE Regulation have not specifically accommodated the phenomenon of "clicking" and the principle of good faith, with the main challenges being the dynamic nature of digital technology, gaps with conventional legal principles, and the need to ensure a balance of interests and enhance public education on safe online buying and selling transactions.
Legal Harmonisation in BRICS: Analysing Cross-Border Trade Rules and Dispute Settlement Mechanisms Haryono Haryono; Woro Utari; Diah Ayu Rahmawati; Budi Endarto; Joice Soraya
West Science Social and Humanities Studies Vol. 2 No. 12 (2024): West Science Social and Humanities Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsshs.v2i12.1558

Abstract

This study explores the legal harmonization of cross-border trade regulations and dispute settlement mechanisms within the BRICS bloc, comprising Brazil, Russia, India, China, and South Africa. With diverse legal traditions and economic priorities, BRICS nations face significant challenges in aligning their legal frameworks to foster seamless trade and effective dispute resolution. Using a normative juridical approach, this research examines regulatory disparities, existing dispute resolution mechanisms, and the potential for harmonization. The findings highlight key barriers, such as fragmented legal systems, inconsistent enforcement, and limited institutional capacity, while proposing actionable strategies, including standardized tariff systems, mutual recognition agreements, and the establishment of a centralized arbitration body. By addressing these issues, the study underscores the importance of legal alignment for enhancing economic integration and strengthening BRICS' position in global trade.
BRICS and International Law: A Critical Comparative Analysis of Sovereignty and Non-Intervention Policy Diah Ayu Rahmawati; Haryono Haryono; Woro Utari; Sinarianda Kurnia Hartantien; Joice Soraya
West Science Interdisciplinary Studies Vol. 2 No. 12 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i12.1549

Abstract

The BRICS group, made up of Brazil, Russia, India, China, and South Africa, has become an influential instrument of international law, especially with respect to its promotion of sovereignty and the policy of non-intervention. The paper discusses both the collective and individual contribution of BRICS countries toward the interpretation and implementation of these principles through a normative juridical perspective. The findings reveal that while BRICS upholds state sovereignty and is against unilateral interventions, huge variations between member states remain because of the diverse historical, cultural, and strategic contexts in which they are situated. Case studies, including Russia's actions in Crimea and China's South China Sea policies, highlight both alignment and contradictions within the bloc. While BRICS contributes to the positive promotion of sovereignty and the espousal of multilateralism in global governance, challenges in terms of incoherent practices and lack of cohesion remain. The present research underlines BRICS' potential to lead a multipolar international legal system in striking a balance between state autonomy and collective responsibility.
Co-Authors Budi Endarto Diah Ayu Rahmawati Haryono Haryono Sinarianda Kurnia Hartantien Wahyu Prawesthi Woro Utari