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The Orientation and Implications of New Criminal Code: An Analysis of Lawrence Friedman's Legal System Flora, Henny Saida; Thuong, Mac Thi Hoai; Erawati, Ratna Deliana
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 1: April 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i1.1169

This study aims to analyze the orientation and implications of the legalization of the Draft Criminal Code (RKUHP) to become Law No. 1 of 2023 concerning the Criminal Code (New Criminal Code) regarding the legal system theory of Lawrence M. Friedman. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study confirm that the orientation of Lawrence Friedman’s legal system regarding the ratification of the Draft Criminal Code is that the aspects of legal substance in the New Criminal Code have adopted Indonesian legal values and culture by applying the concept of restorative justice. From the aspect of legal structure, implementing the New Criminal Code in a transitional manner for three years has an orientation to provide socialization. From the aspect of legal culture, the orientation of restorative justice involves the public in the criminal justice process. The implication of Lawrence Friedman’s legal system puts forward the substance of customary law as the applicable law, related to the idea of restorative justice to the affirmation that imprisonment is a last resort. That has implications for the need for judges to understand customary law. From the aspect of the legal structure, the roles of judges, prosecutors and other law enforcement officials are also prioritized to provide the essence of justice in implementing the New Criminal Code. From the aspect of legal culture, the role and participation of the community are essential in efforts to prevent and enforce criminal law in society.

The Reform of Consumer Protection Law: Comparison of Indonesia, Vietnam, and Ghana Kadir, M. Yakub Aiyub; Arifin, Miftah; Disantara, Fradhana Putra; Thuong, Mac Thi Hoai; Nutako, Briggs Samuel Mawunyo
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p255-278

Consumer protection has become a major challenge in Indonesia, Vietnam, and Ghana, facing gaps in information, bargaining power, and access to legal justice, especially in the context of technological development and globalization. This research seeks to evaluate the comparison in the area of consumer protection law between Indonesia, Vietnam, and Ghana and what legal reforms can be adopted in the case of Indonesia from best practices in Vietnam and Ghana. The study is a normative legal research in which the conceptual and the regulatory approaches are utilized to assess the laws on consumers in Indonesia, Vietnam, Ghana, and by examining of different legal documents i.e. primary, secondary, and tertiary sources and after that employing descriptive qualitative analysis on the data. The results show that countries, including Indonesia, Vietnam, and Ghana vary widely across and between themselves regarding the nature of the laws, the supervision exercised, and even the enforcement of the laws. Indonesia is guided by the Consumer Protection Law (UUPK) with BPKN and BPSK as the overseeing bodies, while Vietnam is guided by the Law on Protection of Consumer Rights (LOPCR) which is enforced by the VCCA. Ghana which is at the moment developing a Consumer Protection Act is guided by the Food and Drugs Authority (FDA) in enforcing product supervision. All the three countries have a low consumer population even where the law is enforced and this has developed into a problem. In making practices and market interactions in Indonesia more transparent, it could apply solutions from Vietnam on information sharing and electronic dispute resolution and also consolidate the position of BPKN as it was done in Ghana in order to afford more efficient control over and defense of a digital market place against illicit activities

Human Trafficking Prevention and Combat Under Regulations of International Law and Practice in Vietnam Thuong, Mac Thi Hoai
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.10906

The situation of human trafficking crime is becoming increasingly complicated, evidenced by an increasing trend in severity, number of cases, and the use of sophisticated methods and tricks. Human trafficking is identified by the United Nations as one of the four most dangerous crimes in the world, as outlined in the Global Crime Prevention Program 2013. It is conducted by organized, transnational criminal groups. Therefore, international cooperation in addressing it is an indispensable and objective requirement. Vietnam has been actively participating in international commitments to combat human trafficking prevention, such as International Convention on the Rights of the Child (1989), the Optional Protocol to the International Convention on the Rights of the Child, Trafficking in Children, Child Prostitution and Child Pornography (2000), United Nations Convention against Transnational Organized Crime (2000), the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP Convention), among others. By analyzing both international and Vietnamese laws on human trafficking prevention, combined with the practice of anti-trafficking efforts in Vietnam, this paper highlights that while current Vietnamese law has been promoting its positive effects, some limitations and shortcomings need to be addressed in order to comply with international law and meet practical requirements of anti-trafficking efforts. Thereby, the paper proposes some recommendations for improving Vietnamese law on human trafficking prevention to align with the requirements of international legal standards and the actual needs of human trafficking prevention in Vietnam.

Intellectual Property Rights and Ethics: A Comparison of Philosophical Approaches in Northern and Southern Countries Kurniawan, I Gede Agus; Samsithawrati, Putu Aras; Disantara, Fradhana Putra; Nutakor, Briggs Samuel Mawunyo; Thuong, Mac Thi Hoai
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24489

The philosophical differences between Northern countries, which adopt utilitarian and libertarian perspectives emphasizing strict Intellectual Property Rights (IPR) protection, and Southern countries, which prioritize distributive justice and universal access, create tensions in implementing global IPR policies, particularly concerning important issues such as access to medicines and technology. This research aims to analyze the influence of philosophical approach differences between Northern and Southern countries on Intellectual Property Rights (IPR) policies and implementation, as well as their ethical implications for public access to knowledge and technology. This research employs normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature study, and uses qualitative analysis to interpret the differences in philosophical approaches to IPR policies between Northern and Southern countries along with their ethical implications. The research findings show that philosophical differences between Northern countries, which adopt a utilitarian-libertarian approach with strict IPR protection, and Southern countries, which emphasize distributive justice-collectivism with a more flexible approach, have significant ethical implications for public access to knowledge and technology, as seen in the HIV/AIDS crisis in Africa and access to education, where strict patent policies of Northern countries often hinder developing countries' access to important technology and knowledge, while Southern countries advocate for universal access especially for basic needs such as health and education, creating tension between IPR protection and fulfillment of society's basic needs.

The Business Legal Policy in Indonesia, Ghana, and Vietnam: A Perspective from the Theory of Dignified Justice Kurniawan, I Gede Agus; Putu Aras Samsithawrati; Disantara, Fradhana Putra; Thuong, Mac Thi Hoai; Nutakor, Briggs Samuel Mawunyo
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.18096

This study aims to compare business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice and analyze the challenges and opportunities in their implementation. This research employs a normative legal method with statutory, comparative, and conceptual approaches to analyze business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice. The study’s findings reveal that business law policies in Indonesia, Ghana, and Vietnam have unique characteristics influenced by their respective legal systems, histories, and socio-economic conditions. The main challenges include complex bureaucracy, regulatory uncertainty, weak law enforcement, and widespread corruption, which hinder transparency and fair business competition. Indonesia adopts a mixed legal system with reforms such as the Omnibus Law (Job Creation Law) to simplify regulations. However, it still faces issues in licensing and legal protection for SMEs. Ghana, operating under a common law system, seeks to strengthen corporate governance through the Companies Act 2019 but continues to struggle with capital access and burdensome bureaucracy for businesses. Meanwhile, Vietnam, with its socialist legal system, has encouraged private sector growth through reforms like the Law on Enterprises 2020 but still faces challenges related to regulatory transparency and labor protection. All three countries have opportunities to enhance economic competitiveness through bureaucratic digitalization, more transparent legal reforms, and broader support for SMEs and startups. With more inclusive and stable policies, they can establish a fairer and more sustainable business law system from the perspective of dignified justice.

The Philosophy of Justice in Business Law: A Comparative Study of Ethical Values in Ghana and Indonesia’s Constitutional Frameworks Kurniawan, I Gede Agus; Putu Aras Samsithawrati; Disantara, Fradhana Putra; Nutakor, Briggs Samuel Mawunyo; Thuong, Mac Thi Hoai
Indonesian State Law Review Vol. 8 No. 1 (2025): Indonesian State Law Review, April 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i1.18111

The role of the philosophy of justice in business law as a moral and normative foundation that ensures economic activities are not only oriented towards technical efficiency but also uphold principles of justice such as distributive, commutative, and fairness. The philosophy of justice is closely related to constitutional values because the constitution not only regulates legal norms but also contains ethics and social goals that must be reflected in business regulations. Not only regulates legal norms but also contains ethics and social goals that must be reflected in business regulations. This research aims to analyze the philosophy of justice in business law in relation to the principles and values in the constitution and ethical values of a country, with a legal comparison between Indonesia and Ghana. This research is a normative legal study with a conceptual, comparative legal, and legislative approach. The research findings affirm that a comparative study with Ghana shows that although both countries emphasize the importance of ethical and just economic governance based on constitutional values, their approaches differ. Indonesia has a structured system based on the constitution and the interpretation of the Constitutional Court, whereas Ghana relies on a pluralistic legal framework and sectoral regulations that are not fully integrated with the constitution. This difference highlights the importance of the role of the constitution and the judiciary in realizing fair, transparent, and sustainable business law.

The Legal Certainty Versus National Economic Recovery: Peace Fines by Prosecutors in Corruption Crimes Comparative Law Perspective Disantara, Fradhana Putra; Thuong, Mac Thi Hoai
PATTIMURA Legal Journal Vol 4 No 1 (2025): April 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i1.18442

Introduction: The application of peace fines in corruption crimes in Indonesia creates a complex legal dilemma. The Prosecutor's Law grants prosecutors the authority to use peace fines in economic crimes, but on the other hand, the Anti-Corruption Law explicitly states that the return of state losses does not absolve the criminal liability of corruption perpetrators. Purposes of the Research: This research aims to analyze the aspect of legal certainty related to the application of peace fines in connection with corruption crimes, linked to national economic recovery efforts, and a comparative legal analysis in other countries regarding peace fines in the enforcement of corruption crimes. Methods of the Research: This research is a normative legal study with a conceptual, legislative, and comparative legal approach. Results Main Findings of the Research: The research results show that the application of restorative fines related to corruption crimes in connection with national economic recovery efforts does not yet guarantee legal certainty due to a conflict of rules between Article 35 paragraph 1 letter (k) of the Amendment to the Prosecutor's Law and Article 4 of the Anti-Corruption Law. The issue can be resolved with the principle of lex specialis derogat legi generali. The application of peace fines in England, the United States, and Saudi Arabia above shows that peace fines are of a global nature and constitute a general legal policy in their efforts to save a country's national economy from losses due to corruption. The implementation of peace fines in Indonesia to achieve legal certainty needs to consider several factors, such as clear regulatory revisions to avoid legal uncertainty and conflicts of rules in various laws and regulations.

Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction Suhardin, Yohanes; Khuan, Hendri; Suryadi, Asep; Ishwara, Ade Sathya Sanathana; Thuong, Mac Thi Hoai
Jurnal Dinamika Hukum Vol 23, No 2 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.2.3666

Trade secret is one of the intellectual property that must be protected. This relates to the existence of a company whose economic activities are based on trade secrets. Problems related to trade secrets are trade secret violations which are only formulated as violations of positive law provisions. In fact, in the era of modern business development there is a potential for violations of trade secrets that have not been accommodated by positive law. This study aims to analyze as well as construct aspects of a violation of decency as a form of violation of trade secrets. This research is a normative legal research that uses a concept, case, and statutory approach. The results of the study confirm that the orientation of a violation of decency as a form of trade secret violation can be carried out through extensive interpretation related to expanding the meaning of "laws and regulations" which has a broader meaning, namely "in accordance with legal provisions". There are two orientations of legal construction, namely short term and long term. The orientation of short-term legal construction is carried out by expanding the meaning of violating trade secrets not only contrary to positive law, but also including violations of decency that develop in society. The long-term orientation is that it is necessary to revise the provisions of trade secret law in order to keep abreast of developments in the growing business world.

The Lex Favor Reo Principle After New Criminal Code: A Corrective Justice’s Perspective Flora, Henny Saida; Disantara, Fradhana Putra; Thuong, Mac Thi Hoai
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.v22i2.2997

The purpose of this study is to analyze the existence and implications of the lex favor reo principle after the ratification of the new Criminal Code in relation to aspects of corrective justice. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study show that the existence of the lex favor reo principle after the ratification of the new Criminal Code, namely as formulated in Article 3 juncto Article 618 of the new Criminal Code, the existence and applicability of the lex favor reo principle can be immediately enforced. The implication of the lex favor reo principle in optimizing aspects of corrective justice after the ratification of the new Criminal Code is that the implementation of the lex favor reo principle has implications for the existence of criminal sanctions experienced by defendants in the old Criminal Code. Suggestions in this study are that for law enforcement officials, special attention is needed when trying a crime, especially by first paying attention to the lex favor reo principle to see which sanctions are more profitable for the accused.

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