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All Journal Jurnal Akta JUNCTO: Jurnal Ilmiah Hukum
Muniifah, Nur
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Law, Crime, Criminology & Criminal Justice

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Penerapan Pasal 2 Ayat (2) Undang-Undang Nomor 20 Tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi (Studi Putusan: 29/Pid.Sus-Tpk/2021/PN.Jkt.Pst) Muniifah, Nur; Isnaini, Isnaini; Kartika, Arie
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 1 (2024): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i1.2556

Abstract

This study aims to determine the application of Article 2 Paragraph (2) to decision No: 29/Pid.Sus-TPK/2021/PN.Jkt.Pst. The subject matter focuses on how the application of Article 2 Paragraph (2) and the judge's consideration of the decision. The research method used is juridical-normative with a statutory and case approach with data analyzed descriptively and analytically. The results showed that the judge did not apply Article 2 Paragraph (2) but instead applied Article 12 letter b, even though the Covid-19 pandemic was included in the elements of certain circumstances. Whereas judges have the authority to make decisions outside the indictment to create decisions that are in favor of the community. Not applying Article 2 Paragraph (2), the judge could not apply Perma No. 1 of 2020 Sentencing Guidelines Article 2 and Article 3 in his considerations even though the defendant's actions had fulfilled the classification of the Perma. In addition, the mitigating consideration by the judge that the defendant had been found guilty and was reviled by the community did not reflect a just decision with an orientation towards moral, social, and legal justice.
Deontological Study of the Binding Strength of Precontractual Promises: A Legal and Ethical Approach Siregar, Mahmul; Siregar, Fitri Yanni Dewi; Rafiqi, Rafiqi; Muniifah, Nur
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44757

Abstract

This study analyzes the binding force of pre-contractual promises from the perspective of deontological law and ethics. In contract law, pre-contractual promises often raise debates about their validity and legal consequences. This study uses a normative legal approach with descriptive qualitative analysis, which focuses on the analysis of legal norms governing pre-contractual promises. From a deontological ethics perspective, the fulfillment of a promise is considered a moral obligation that must be honored regardless of the consequences, based on the principles of honesty and integrity. This study highlights that the combination of deontological law and ethics approaches can provide a stronger normative basis for assessing pre-contractual obligations, increase legal certainty, and strengthen the principle of trust in business relationships and contractual negotiations. Deontological studies of the binding force of pre-contractual promises confirm that promises made before a formal contract have interrelated legal and ethical dimensions. From a legal perspective, although not always legally binding, the principle of promissory estoppel in common law and the principle of good faith in civil law can provide protection for parties who suffer losses due to unfulfilled pre-contractual promises. Meanwhile, from a deontological ethical perspective, the obligation to fulfill promises is based on universal moral principles, such as honesty and good faith, which form the basis of trust in business and legal interactions.
Co-Authors Arie Kartika, Arie Isnaini Isnaini MAHMUL SIREGAR Rafiqi Rafiqi, Rafiqi Siregar, Fitri Yanni Dewi