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p-Index From 2020 - 2025
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All Journal Asian Journal of Social and Humanities
Fauzie Yusuf Hasibuan
Universitas Jayabaya Jakarta
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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 1 
Legal Certainty of the Meaning of the Parties' Agreement on the Authorized Capital of a Limited Liability Company Helex Wirawan; Fauzie Yusuf Hasibuan; Atma Suganda
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

Abstract

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; Basuki Rekso Wibowo; Fauzie Yusuf Hasibuan
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

Abstract

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.
Integration of The Principle of Restorative Justice In Law Enforcement of Tax Crimes To Achieve Legal Certainty In Indonesia Soesilo Soesilo; Fauzie Yusuf Hasibuan; 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

Abstract

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.
Legal Protection For Children Born as A Result of Rape Victimization Erma Hari Alijana; Muhammad Mustofa; Fauzie Yusuf Hasibuan
Asian Journal of Social and Humanities Vol. 3 No. 6 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i6.523

Abstract

This study aims to analyze the legal protections for children born as a result of rape in Indonesia, focusing on the gaps in the current legal system and the challenges these children face in accessing their rights. The research uses a normative juridical method combined with qualitative analysis to examine existing laws and regulations related to child protection, with a particular focus on the legal status of children born from rape. The findings reveal that while Indonesia has child protection laws in place, there are significant gaps in the application of these laws for children born as a result of rape, leaving them vulnerable to discrimination and a lack of legal clarity regarding their rights. The study concludes that there is an urgent need for legal reforms to ensure that these children are provided with the same legal protections and rights as other children, including access to healthcare, education, and protection from further harm. It is essential to strengthen legal frameworks and ensure consistent application of child protection laws to guarantee the rights and welfare of all children, regardless of their birth circumstances.
Reconstruction of Minor Criminal Case Settlement By The Prosecutor's Office Through Restorative Justice Teuku Syahroni; Fauzie Yusuf Hasibuan; Kristiawanto Kristiawanto
Asian Journal of Social and Humanities Vol. 3 No. 6 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i6.531

Abstract

This study analyzes the implementation of restorative justice in handling minor crimes by the Prosecutor's Office and offers a policy reconstruction to enhance its effectiveness and achieve substantive justice within the criminal law system. Employing a normative juridical method, the research utilizes legislative, case, historical, comparative, and conceptual approaches. The analysis draws on theories of justice by John Rawls, Lawrence M. Friedman’s theory of the legal system, and Howard J. Zehr’s theory of restorative justice. The findings reveal that restorative justice is not yet optimally implemented due to disparities in regional policy execution, weak legal infrastructure, and a prevailing retributive mindset among officials and the public. As a solution, the study recommends the mandatory implementation of restorative justice for minor crimes meeting specific criteria, clarifying application standards, enhancing law enforcement training, establishing more restorative justice centers, and strengthening supervision and evaluation mechanisms. The novelty of this research lies in identifying multidimensional barriers, integrating a comprehensive theoretical framework, and proposing a more systematic policy reconstruction. With improved implementation, restorative justice can become a primary tool in resolving minor offenses, reducing overcrowding in correctional facilities, and fostering a more equitable, recovery-focused legal system.
Co-Authors atma suganda Basuki Rekso Wibowo Erma Hari Alijana Fetrus Fetrus Helex Wirawan Kristiawanto Kristiawanto Maryano, . Muhammad Mustofa Soesilo Soesilo Teuku Syahroni