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All Journal QISTINA: Jurnal Multidisiplin Indonesia Abdi Masyarakat UIKA
Anindira, Lydia
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences

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Analysis of the Application of the Code of Ethics and Criminal Sanctions Against Advocates Receiving Bribery Karyn, Khanza Octalivia; Natalie, Cicilia; Milianty, Yessa; Anindira, Lydia; Sukawan, Wanda Putri
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.841

Abstract

Indonesia is a constitutional state that upholds justice. Advocates as one of the law enforcement officers who have an important role in maintaining justice and the integration of the legal justice system should not be ethical to accept bribes from any party, but it cannot be denied that there are still unscrupulous advocates who accept bribes and tarnish their professional code of ethics. This study uses a normative juridical method with a statutory approach related to the problem of bribery criminal sanctions against advocates. Advocates who accept bribes not only harm the fundamental principles that underlie the legal system but also damage the entire public's trust in the advocate profession and the justice system as a whole. Sanctions for unscrupulous advocates who accept bribes include revocation of their advocate license, disciplinary action, and criminal sanctions. Bribery in any form is unacceptable and must be eradicated immediately so that justice is protected in the justice system.
Interpretation of Dispute Clauses and Liability Mechanisms for Breach of Contract in the Decision of the West Jakarta District Court no. 748/Pdt.G/2021/PN Jkt.Brt Anindira, Lydia; Lie, Gunardi
AMK : Abdi Masyarakat UIKA Vol. 4 No. 4 (2025): DESEMBER
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/amk.v4i4.3071

Abstract

This study analyzes two key legal issues in maritime transport service agreement disputes: the interpretation of dispute clauses under contract law principles and the liability and claims for damages resulting from breach of contract. The research focuses on the case between PT Cahaya Energy Farhana and PT Garuda Agung Resources, as adjudicated in West Jakarta District Court Decision No. 748/Pdt.G/2021/PN Jkt.Brt. Using normative legal research with conceptual and case study approaches, this study draws on primary sources (court decisions, Civil Code) and secondary literature. The findings show that dispute clause interpretation and contract cancellation must adhere to the principles of pacta sunt servanda and good faith (Article 1338, Civil Code). In this case, the defendant’s unilateral cancellation citing force majeure did not qualify as a compelling circumstance, as the disruption was caused by administrative negligence rather than unforeseen external factors. Moreover, liability for breach of contract, based on Article 1243 of the Civil Code, allows the aggrieved party to claim compensation for costs, losses, and interest (kosten, schaden en interesten). This decision thus sets an important precedent for applying civil liability principles in maritime contract disputes in Indonesia.
Co-Authors Karyn, Khanza Octalivia Lie, Gunardi Milianty, Yessa Natalie, Cicilia Sukawan, Wanda Putri