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All Journal Journal La Sociale Journal Of Law Sciences (Legisci)
Handayani, Suci Hati
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Concept of Resolving the Conflict of Norms Between Criminal Confiscation and General Bankruptcy Confiscation of Bankruptcy Assets Viewed from the Perspective of Justice Handayani, Suci Hati; Sambas, Nandang; Jamila, Lina
Journal La Sociale Vol. 5 No. 4 (2024): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v5i4.1244

Abstract

In the scope of business, business actors, both individuals and legal entities, often borrow money (debt) with the aim of obtaining capital intended for the continuity of their business activities. In practice, often a debtor fails to fulfil his obligations or achievements, not because it is caused by force majeure (overmatch). Such a situation is called default. In Bankruptcy Law, there is a type of confiscation, namely general confiscation. In connection with that, there is a conflict of norms between the provisions of general confiscation in Article 31 paragraph (2) of Law No. 37 of 2004 with the provisions of criminal confiscation / confiscation in Article 39 paragraph (2) of the Criminal Procedure Code. This research method uses normative juridical and empirical juridical approaches. The data used in legal research are primary data and secondary data. The results of this study, the Government as the Regulator is expected to immediately make a legal formulation policy in connection with the general confiscation of bankruptcy as regulated in Law No. 37 of 2004 and criminal confiscation as regulated in the Criminal Procedure Code and other related regulations, and in order to seek justice in law enforcement, especially related to confiscation of bankruptcy property, in essence the provisions of laws and regulations do not contradict each other, must be in harmony in order to ensure legal certainty and legal protection in its implementation. Therefore, it is necessary to revise the two confiscation provisions regulated in the two regulations, especially the general bankruptcy confiscation provisions regulated in Article 31 of Law No. 37 of 2004.
Critical Analysis of the Controversial Articles of the New Criminal Procedure Code: Threats to Human Rights Principles and Law Enforcement Accountability Nasution, Ingka Harsani; Amiarsa, R. Panji; Handayani, Suci Hati
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.990

Abstract

Background. The revision of the Criminal Procedure Code (KUHAP) contained in Law Number 1 of 2023 has brought significant changes to the Indonesian criminal justice system. However, several articles in the new Criminal Code have attracted controversy because they are seen as potentially threatening human rights principles and weakening law enforcement accountability. Purpose. This article critically analyzes the controversial articles in the new Criminal Code, particularly those related to the authority to arrest, detain, wiretap, and protect law enforcement. Method. Through a normative and comparative juridical approach, this study finds that several provisions in the new Criminal Procedure Code have the potential to violate the principles of due process of law, presumption of innocence, and the right to fair trial guaranteed in the constitution and international legal instruments. Conclusion. This article recommends the need for strict oversight in the implementation of the new Criminal Procedure Code, as well as revisions to problematic articles to ensure a balance between the effectiveness of law enforcement and the protection of human rights.
Co-Authors Amiarsa, R. Panji Jamila, Lina Nandang Sambas Nasution, Ingka Harsani