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RESTORATIVE JUSTICE AGAINST CHILDREN AS CRIMINAL ACTORS Burhanudin, Ohan; Manan, Abdul; Yusuf Hasibuan, Fauzie; Lina, Ramlani
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

In applying the concept of restorative justice, especially in juvenile criminal justice, the Government and the DPR need to prepare a legal umbrella. Currently, Law no. 3 of 1997 concerning Juvenile Court has not accommodated the principles of restorative justice. In the international world, there are many references that can be used. Apart from the Convention on the Rights of the Child, there are also the Beijing Rules (UN Standard Minimum Rules for the Administration of Courts for Children, 1985); Havana Rules, Tokyo Rules (UN Standard Minimum Rules for Non-Custodial Measures, 1990), and Riyadh Guidelines (United Nations Guidelines on the Prevention of Delinquency in Children, 1990). The absence of a law does not actually leave judges with no ground at all. The Supreme Court is the party that signed the Joint Decree with five other state institutions on 22 December 2009 concerning the Handling of Children in Conflict with the Law (ABH). This is to create integration in efforts to resolve cases of ABH handling which are carried out in a coordinated manner by law enforcement officials and all related parties.

Legal Protection for Advocates in Carrying Out the Legal Profession in Indonesia sugiarto, Edy; Rekso Wibowo , Basuki; Yusuf Hasibuan, Fauzie
Greenation International Journal of Law and Social Sciences Vol. 1 No. 2 (2023): (GIJLSS) Greenation International Journal of Law and Social Sciences (June 2023
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v1i2.122

Advocates are a profession that has an important role in the law enforcement process in society. Advocates are part of the legal structure that cannot be separated from other law enforcement apparatus, such as: police, prosecutors and courts. The profession of an advocate in society is always equated with that of his clients, so that violations committed by clients are always linked to violations committed by an advocate. This can be interpreted causally as: a client's violation is the same as an advocate's violation, even though the actions carried out by the advocate are solely to carry out the client's trust and the mandate of the law. The problem raised in this research is the concept of legal immunity that can be given to advocates in carrying out the duties of the legal profession in Indonesia. The research was carried out in a normative juridical manner based on secondary data as research material so that it focused on theoretical speculative steps, normative analysis and qualitative analysis. Research results Qualification of legal immunity which can free advocates from legal sanctions in assisting clients can be carried out as long as the advocate carries out actions in the context of carrying out professional duties and functions. The good faith possessed by advocates as a basis for protection must be guaranteed in the statutory regulatory system. The binding legal relationship between advocates and clients can be used as a basis for providing legal protection to advocates while carrying out professional duties and functions. The Advocates Law substantively does not provide optimal protection against every form of legal risk that threatens the existence of the advocate profession.

Legal Certainty of the Meaning of the Parties' Agreement on the Authorized Capital of a Limited Liability Company Wirawan, Helex; Yusuf Hasibuan, Fauzie; Suganda, Atma
Asian Journal of Social and Humanities Vol. 3 No. 1 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i1.415

The impact of changing the amount of PT capital to an agreement between the parties has led to a lack of legal certainty for the involved parties. A significant legal conflict exists between Article 32 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies and Article 109 paragraph (1) of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation. The changes allow the amount of PT capital to be determined based on the agreement of the company's founders, leading to ambiguity in legal certainty. This research aims to examine and analyze the legal consequences of these regulations on the basic capital requirements for Limited Liability Companies in Indonesia, and to assess the legal certainty surrounding the agreement between parties regarding PT capital. The research employs a normative juridical method, utilizing statutory, comparative, and conceptual approaches. The analysis is grounded in the Theory of Legal Certainty (Grand Theory), Development Law Theory (Middle Range Theory), and the Theory of Good Corporate Governance (Applied Theory). The research found that changes in the regulation of basic capital, following the enactment of Law No. 6 of 2023, have contributed to legal uncertainty. This study aims to provide legal clarity on the consequences of these regulatory changes and their impact on corporate governance and legal compliance in Indonesia.

The Application of Dayak Customary Law In West Kalimantan Towards Fulfilling A Sense of Justice For Victims (Case Study of Indecent Acts) Fetrus, Fetrus; Rekso Wibowo, Basuki; Yusuf Hasibuan, Fauzie
Asian Journal of Social and Humanities Vol. 3 No. 1 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i1.424

The position of customary law in the legal system in Indonesia has the same constitutional position as the legal position in general that applies in the life of the state in Indonesia. However, it must be emphasized that there is a difference between customary law and applicable law in general, namely the aspect of its enactment and formation. The applicability of customary law only applies to Indonesians and from the aspect of its form, customary law is generally not written. The method in this research uses empirical legal research. Research approaches using an empirical legal approach include a legal sociology approach, a legal psychology approach and a legal anthropology approach. Techniques for collecting legal materials through identification, inventory of positive legal rules, literature, books, journals, other sources of legal materials. Legal material analysis techniques use legal interpretation (interpretation), grammatical interpretation, systematic interpretation and legal construction methods. The results of the research and discussion show that the application of Kalimantan Dayak customary punishment is carried out by bringing together the two parties who have a conflict, then these parties are seated with traditional heads, tribal chiefs and people who are considered to understand customary law. After being seated together, a discussion was held regarding the customary offense that had occurred, whether a customary offense had indeed occurred or not. If it is known and proven that a customary offense has occurred, then the contents of the victim's demands against the perpetrator will be discussed, hereinafter referred to as customary sanctions.

Maritime Criminal Justice Transformation: A Responsive and Restorative Approach to Law Enforcement in Indonesian Waters Napitupulu, Amin Pardomuan; Yusuf Hasibuan, Fauzie; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1524

As the world's largest archipelagic country, Indonesia faces serious challenges in enforcing criminal laws in its vast maritime territory. The current legal framework is still dominated by a fragmented, sectoral, and repressive approach that fails to address the structural and contextual nature of maritime crimes such as illegal fishing, smuggling, and marine environmental degradation. This article offers a transformative approach to Indonesia’s maritime criminal justice system by integrating responsive law theory and transformative justice into a contextual and participatory model. Through a combined normative and empirical approach, including regulatory analysis and field studies in strategic maritime areas, this study finds that the retributive criminal justice system is ineffective and lacks legitimacy, especially in cases involving marginalized coastal communities. As an alternative, this article proposes a tripartite model based on community penal mediation, digital-based inter-institutional coordination, and the harmonization of substantive legal norms within the framework of the national Criminal Code. This model aims to build a criminal justice system that is more just, participatory, and sensitive to ecological considerations.

Legal Certainty of the Meaning of the Parties' Agreement on the Authorized Capital of a Limited Liability Company Wirawan, Helex; Yusuf Hasibuan, Fauzie; Suganda, Atma
Asian Journal of Social and Humanities Vol. 3 No. 1 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i1.415

The impact of changing the amount of PT capital to an agreement between the parties has led to a lack of legal certainty for the involved parties. A significant legal conflict exists between Article 32 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies and Article 109 paragraph (1) of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation. The changes allow the amount of PT capital to be determined based on the agreement of the company's founders, leading to ambiguity in legal certainty. This research aims to examine and analyze the legal consequences of these regulations on the basic capital requirements for Limited Liability Companies in Indonesia, and to assess the legal certainty surrounding the agreement between parties regarding PT capital. The research employs a normative juridical method, utilizing statutory, comparative, and conceptual approaches. The analysis is grounded in the Theory of Legal Certainty (Grand Theory), Development Law Theory (Middle Range Theory), and the Theory of Good Corporate Governance (Applied Theory). The research found that changes in the regulation of basic capital, following the enactment of Law No. 6 of 2023, have contributed to legal uncertainty. This study aims to provide legal clarity on the consequences of these regulatory changes and their impact on corporate governance and legal compliance in Indonesia.

The Application of Dayak Customary Law In West Kalimantan Towards Fulfilling A Sense of Justice For Victims (Case Study of Indecent Acts) Fetrus, Fetrus; Rekso Wibowo, Basuki; Yusuf Hasibuan, Fauzie
Asian Journal of Social and Humanities Vol. 3 No. 1 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i1.424

The position of customary law in the legal system in Indonesia has the same constitutional position as the legal position in general that applies in the life of the state in Indonesia. However, it must be emphasized that there is a difference between customary law and applicable law in general, namely the aspect of its enactment and formation. The applicability of customary law only applies to Indonesians and from the aspect of its form, customary law is generally not written. The method in this research uses empirical legal research. Research approaches using an empirical legal approach include a legal sociology approach, a legal psychology approach and a legal anthropology approach. Techniques for collecting legal materials through identification, inventory of positive legal rules, literature, books, journals, other sources of legal materials. Legal material analysis techniques use legal interpretation (interpretation), grammatical interpretation, systematic interpretation and legal construction methods. The results of the research and discussion show that the application of Kalimantan Dayak customary punishment is carried out by bringing together the two parties who have a conflict, then these parties are seated with traditional heads, tribal chiefs and people who are considered to understand customary law. After being seated together, a discussion was held regarding the customary offense that had occurred, whether a customary offense had indeed occurred or not. If it is known and proven that a customary offense has occurred, then the contents of the victim's demands against the perpetrator will be discussed, hereinafter referred to as customary sanctions.

Legal Protection In The Processing and Exchange of Personal Data By Financial Technology Companies Hapsari Putri Pramudya, Arlini; Yusuf Hasibuan, Fauzie; Sitompul, Zulkarnain
Asian Journal of Social and Humanities Vol. 3 No. 2 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i2.425

Technological advances and digitalization in the era of the industrial revolution 4.0 have resulted in changes in the way of working and communication in all aspects of people's lives. One of them is the financial sector with increasingly technology-based services known as financial technology (fintech). In Indonesia, fintech services that are growing rapidly are technology-based lending and borrowing services. This poses a risk of misuse of a person's personal data carried out by the financial service company. The method used in this writing is normative law writing which is carried out as an effort to obtain data related to the problem. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data analysis was carried out using the qualitative juridical analysis method. The results of the writing and discussion get several conclusions, namely that fintech companies must adopt encryption technology and data security to ensure that the personal data transferred is not easily accessed or stolen by unauthorized parties. If a person's personal data as a realm of privacy is misused by unauthorized people, then to create legal protection for users/service customers of fintech companies, the role of law enforcement officials as well as supervisory and regulatory agencies is needed to provide a sense of security for the community, in addition to the need for legal regulations that can ensure community protection.

Ideal Formulation of Extraordinary Legal Remedies Review By The Public Prosecutor From The Perspective of Justice and Legal Certainty Murti, Krisna; Yusuf Hasibuan, Fauzie; Maryano, Maryano
Asian Journal of Social and Humanities Vol. 3 No. 2 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i2.426

One of the crucial issues of legal problems that is still a pro and con in society is the extraordinary legal effort of judicial review by the public prosecutor. The research research is to analyze the implementation of the submission of extraordinary legal efforts of judicial review by the public prosecutor against criminal cases based on statutory regulations and to analyze and find the formulation of the ideal criminal case review system by the public prosecutor to realize justice and legal certainty in Indonesia. This research uses a type of normative juridical legal research. Research that uses a philosophical approach, a statutory approach, a case approach and a comparative approach. The sources of legal materials collected are analyzed descriptively to answer the research problems. The results of this study conclude that the Implementation of the submission of extraordinary legal efforts of judicial review by the Public Prosecutor against criminal cases based on statutory regulations has not achieved justice and legal certainty. In practice, the addition of the prosecutor's authority to file a judicial review as stipulated in Article 30C letter h and the Explanation of Article 30C letter h of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia cannot be implemented because it is considered contrary to the 1945 Constitution.

Integration of The Principle of Restorative Justice In Law Enforcement of Tax Crimes To Achieve Legal Certainty In Indonesia Soesilo, Soesilo; Yusuf Hasibuan, Fauzie; Maryano, Maryano
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.463

This research analyses the implementation of judges' decisions on law enforcement of taxation crimes in Indonesia and identifies ideal criminal law policies to achieve legal certainty. The method used is normative juridical with analytical descriptive approach, which is supported by the theory of judicial power, theory of legal certainty, and theory of law enforcement. The results show that the ultimum remedium principle has not been fully applied consistently, with some serious tax offences going directly to the criminal realm even though administrative mechanisms are still possible. Conversely, some other offences are resolved administratively, even though the criminal elements have been fulfilled. This inconsistency suggests the need for uniform technical guidelines to reduce differences in legal interpretation. This research is an integration of restorative justice principles in Indonesian tax law, which allows offenders to settle tax liabilities along with penalties before being subject to criminal sanctions. This approach balances the recovery of state losses and the deterrent effect for offenders, while supporting sustainable taxpayer compliance. This research recommends the preparation of pretrial guidelines and harmonization of regulations to improve legal certainty in tax cases in Indonesia.

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