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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Yuris: Journal of Court and Justice Acitya Wisesa: Journal of Multidisciplinary Research
Efendi, Dr. Jonaedi
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Agriculture, Biological Sciences & Forestry Civil Engineering, Building, Construction & Architecture Computer Science & IT Environmental Science Law, Crime, Criminology & Criminal Justice Physics

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JURIDICAL ANALYSIS OF FINTECH LENDING AGREEMENT BASED ON CIVIL LAW PERSPECTIVE IN INDONESIA Dwi, Amelia; Efendi, Dr. Jonaedi
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i3.344

Abstract

The growth of fintech P2P lending is getting faster and easier to access for people who still struggle to get loans and for MSME entrepreneurs who need capital to develop their business. Investing in P2P lending offers the prospect of high returns annually, however, the investment must be in accordance with personal profile and risk appetite and how to manage it. Therefore, the objectives of this research is to find out the legal Tunaiku credit agreement based on the civil law perspective in Indonesia; legal consequences if one of the parties defaults on the credit agreement in this application; and find out the form of legal protection for other parties who are aggrieved in the application credit agreement. Analysis of legal materials using qualitative descriptive analysis with the type of normative legal research. In addition, the research approach used is a statutory approach, conceptual approach, and case study approach. Data sources were obtained from primary, secondary, and tertiary legal materials. The results of this research are (1) digital financial services activities are implemented in cooperation with third parties in the context of inclusive finance; (2) if there is a defaulted person, it is obliged to reimburse costs, losses, and interest due to non-fulfillment of an agreement in accordance with Article 1243 of the Civil Code; and (3) in order to obtain legal protection, the public is encouraged to choose a fintech lending company that has been registered with the Financial Services Authority.
REFORMULATION OF THE DUTIES AND AUTHORITIES OF THE PROSECUTOR’S COMMISSION IN INDONESIAN LEGISLATION Suwartono, Suwartono; Efendi, Dr. Jonaedi
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i1.624

Abstract

Article 2 of Presidential Regulation No. 18/2011 on the Prosecutorial Commission states that the Commission is a non-structural institution that is independent in its tasks and authorities. Although it is under and responsible to the President, this commission acts as an external supervisor of the prosecutor’s office, which is required due to frequent violations of ethical codes and abuse of authority by prosecutorial officials. The public is dissatisfied with case handling by the internal supervisor of the prosecutor’s office, so the presence of the Prosecutor’s Commission is expected. However, there is a discrepancy in the regulation of the Prosecutorial Commission. The commission, as an external supervisor, should be regulated by law to maintain a balance in constitutional law. In reality, the commission is only regulated through a Presidential Regulation, so it does not have the authority to summon and examine prosecution officials who have violated the code of ethics. This research aims to examine the duties and authorities of the Prosecutor’s Commission based on existing regulations, and to reformulate policies so that its tasks and authorities are in accordance with its expected role as an external supervisor of the prosecutor’s office. This research uses the normative juridical method, examining written law from various aspects such as theory, history, legal politics, and comparative national law. This research will also theoretically clarify the function of the prosecutor’s office in society. The Prosecutorial Commission of the Republic of Indonesia is regulated by Presidential Regulation No. 18/2011, but its autonomy has not been fully recognized because it is still responsible to the President and can only provide recommendations. Policy reformulation is required by amending Article 38 of Law No. 16/2014 so that the Prosecutorial Commission is governed by a stronger special law, allowing it to perform its duties independently.
CRIMINAL LIABILITY FOR ONLINE SEXUAL EXPLOITATION OF CHILDREN (OSEC) CRIMES IN INDONESIA Goni, Abdul; Efendi, Dr. Jonaedi
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.558

Abstract

Online Sexual Exploitation of Children (OSEC) has become a global crime in Indonesia during the COVID-19 pandemic. There are difficulties in identifying and investigating perpetrators as they have continued to use technology to enable them to abuse and exploit children, while avoiding detection. This research aims to conceptualize criminal liability for online sexual exploitation of children after the enactment of Law No. 12/2022 on sexual violence. This research method uses an empirical approach, which involves collecting data through observation, interviews, and case studies to identify legal rules, legal principles, and their application in actual cases. Data was collected from various sources including legal documents; police reports; and interviews with legal experts and law enforcers involved in handling OSEC cases. The results of the research indicated that some small-scale cases of sexual exploitation have been found in the Philippines and Thailand, such as sexual grooming, dissemination of child pornographic content, and solicitations by sexting (sending indecent images). In the Philippines, the Thomson Reuters Foundation found cases of live streaming of child sexual abuse. This research is expected to contribute to the development of more comprehensive and effective legal policies in handling online sexual exploitation of children, and increasing the awareness and competence of law enforcement in identifying, investigating and prosecuting perpetrators of OSEC.
SANCTIONS FOR THOSE WHO REFUSE COVID-19 VACCINATION UNDER PRESIDENTIAL REGULATION NO. 14/2021: A PATIENT’S THERAPEUTIC RIGHTS PERSPECTIVE Bagaskara, Ilham Perdana; Efendi, Dr. Jonaedi
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 1 Issue 2 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (222.87 KB) | DOI: 10.56943/jmr.v1i2.116

Abstract

This research aims to examine the applicable law against people who refused the Covid-19 vaccines during several problems and side effect that arises. The research method that will be used by the researcher in compiling this thesis is using juridical-normative method, statutory and conceptual approach. The researchers used several norms and regulations based on government and president in conducting this research. The patient's right in basic therapeutic contract is the right to obtain information from medical services, and also the right to consent to medical treatment to be given to the patient and the risks of medical action by the doctor. There is an administrative penalize for whom refused Covid-19 vaccine that had been regulated in Presidential Regulation No. 14/2021, but WHO stated that the obligation to do Covid-19 vaccination will cause an impact that will trigger someone to be indifferent and anticipate the COVID-19 vaccine dan it also makes dissension of opinion in society which considers that the government has violated the patient’s therapeutic rights based on the relevant laws.
STATE RESPONSIBILITY IN SAFEGUARDING WORKERS DISMISSED FROM EMPLOYMENT: A STUDY OF JOB LOSS INSURANCE (JKP) Ansrida, Destin Desy; Efendi, Dr. Jonaedi
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i2.805

Abstract

Employment termination (Pemutusan Hubungan Kerja/PHK) has become an increasingly common issue in Indonesia’s labor landscape. To address this, the government introduced the Job Loss Guarantee (Jaminan Kehilangan Pekerjaan/JKP) through Government Regulation in Lieu of Law Number 2 of 2022, later enacted as Law Number 6 of 2023 concerning Job Creation. The JKP program serves as a form of state protection aimed at supporting Indonesian workers affected by layoffs, offering structured benefits administered by BPJS Ketenagakerjaan. This research aims to examine the legal basis of the JKP program as a new social protection policy and to evaluate the legal protection mechanisms available for terminated workers in accessing these benefits. Using a normative juridical approach, the study analyzes relevant laws, regulations, and institutional responsibilities, supported by academic sources and policy documents. The research also seeks to identify potential legal uncertainties, regulatory weaknesses, and institutional barriers that may hinder the effective implementation of JKP. The findings are expected to provide legal insight and contribute to the development of more responsive employment-based social security policies in Indonesia.
CONDITIONAL DEATH PENALTY SENTENCING IN THE NEW INDONESIAN CRIMINAL CODE: A NON-DEROGABLE RIGHTS PERSPECTIVE Susanto, Susanto; Efendi, Dr. Jonaedi; Suroso, Dr. Imam
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i3.842

Abstract

The conditional death penalty under Indonesia’s Law No. 1 of 2023 on the Criminal Code (KUHP) represents a critical reform in balancing human rights protection and state authority in criminal justice. This study examines the legal and philosophical foundations of the conditional death sentence through the perspective of non-derogable rights—particularly the right to life as an inviolable human right. Using a normative juridical methodology combining statutory and conceptual approaches, this research analyzes the new KUHP’s regulatory framework, especially Article 100, which introduces a ten-year probationary period allowing sentence conversion to life imprisonment. The findings demonstrate that conditional death sentencing serves as a middle ground between abolitionist and retentionist camps in Indonesian legal discourse. It reflects a progressive penal policy aligning with constitutional guarantees in Article 28I(1) of the 1945 Constitution and international human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR). The study concludes that conditional death sentencing embodies a transitional penal paradigm—anchored in restorative and humanistic values—reaffirming the state’s dual obligation to uphold the right to life while ensuring collective security and justice.
Co-Authors Abdul Goni Ansrida, Destin Desy Bagaskara, Ilham Perdana Dwi, Amelia Suroso, Dr. Imam Susanto Susanto Tono Suwartono