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Problematik Pemberian Status Justice Collaborator pada Pelaku Tindak Pidana Korupsi Yulia Christy Shintara Aruan; Yasmirah Mandasari Saragih; Fauzan Fauzan; Bonar Yudhistira; Erwin Efendi Rangkuti
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Desember : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i4.1846

Abstract

Granting Justice Collaborator (JC) status to perpetrators of criminal acts of corruption is one of the law enforcement strategies aimed at uncovering a wider network of corruption crimes. However, its implementation raises various problems, both in terms of law, morals and justice. This research aims to analyze the regulations underlying the granting of JC status, the criteria for its application, and the challenges that arise in practice. This study uses a juridical-normative method with an analytical approach to statutory regulations, court decisions and legal literature. The research results show that the granting of JC status is often not transparent, giving rise to controversy regarding the integrity of its implementation. Apart from that, there is a discrepancy between the ideal JC criteria as regulated in the Supreme Court Circular Letter (SEMA) Number 4 of 2011 and the practice of granting JC status. This has an impact on public trust in the criminal justice system. For this reason, it is necessary to strengthen regulations and tighter supervision so that granting JC status is in accordance with the principles of justice, transparency and accountability.  
Problematik Pemberian Status Justice Collaborator pada Pelaku Tindak Pidana Korupsi Bonar Yudhistira; Yasmirah Mandasari Saragih; Fauzan Fauzan; Yulia Christy Shintara Aruan; Erwin Efendi Rangkuti
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 2 No. 1 (2025): Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v2i1.1212

Abstract

Granting Justice Collaborator (JC) status to perpetrators of criminal acts of corruption is one of the law enforcement strategies aimed at uncovering a wider network of corruption crimes. However, its implementation raises various problems, both in terms of law, morals and justice. This research aims to analyze the regulations underlying the granting of JC status, the criteria for its application, and the challenges that arise in practice. This study uses a juridical-normative method with an analytical approach to statutory regulations, court decisions and legal literature. The research results show that the granting of JC status is often no transparent, giving rise to controversy regarding the integrity of its implementation. Apart from that, there is a discrepancy between the ideal JC criteria as regulated in the Supreme Court Circular Letter (SEMA) Number 4 of 2011 and the practice of granting JC status. This has an impact on public trust in the criminal justice system. For this reason, it is necessary to strengthen regulations and tighter supervision so that granting JC status is in accordance with the principles of justice, transparency and accountability.
Analysis of Legal Political Dynamics in the Regulation of Simultaneous Regional Elections in Indonesia: Between Effectiveness and Local Democracy Ismaidar Ismaidar; Tamaulina Br. Sembiring; Yulia Christy Shintara Aruan
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.288

Abstract

This paper describes the dynamics of legal politics in the regulation of Simultaneous Regional Elections in Indonesia with a focus on the effectiveness of implementation and its impact on local democracy. Simultaneous Regional Elections, which began in 2015, are the government's efforts to improve the efficiency of regional head elections while strengthening the democratic system. However, its implementation faces various challenges, such as regulatory complexity, potential political conflict, and impacts on the quality of representation at the local level. This study uses a juridical-normative approach with a qualitative analysis method to evaluate the laws and regulations governing Simultaneous Regional Elections, including Law Number 10 of 2016 and its implementing policies. Data were obtained through literature studies, legal documents, and interviews with relevant stakeholders. The results of the study show that, although Simultaneous Regional Elections bring benefits in the form of budget efficiency and strengthening political stability, this policy also poses a number of challenges. Among them are the gap in local government capacity, strengthening political oligarchy, and decreasing the quality of community participation at the local level. In addition, the implementation of Simultaneous Regional Elections tends to sacrifice regional autonomy in the context of local democracy, given the homogenization of election times that do not always match regional needs. This study recommends the need for a revision of regulations that are more adaptive to local needs, increasing public political education, and strengthening the capacity of election organizers to ensure that Simultaneous Regional Elections can run effectively without sacrificing the principles of local democracy.
A Comparative Study of Corporate Criminal Liability Systems in Indonesia and the United States Ismaidar Ismaidar; Azhar AR; Servasius Edwin Telaumbanua; Rudi Salam Tarigan; Ansori Maulana; Restika Ndruru; Zeno Eronu Zalukhu; Lasma Sinambela; Haris Putra Utama Limbong; Elisabeth Saragih; Robby Yusuf S Sembiring; Mus Mulyadi; Zahrana Syavica; Tengku Muhammad Reza Fikri Dharmawan; Muhammad Faiz Hadi; Ibrahim Ibrahim; Erwin Efendi Rangkuti; T. Ikhsan Ansyari Husny; Netty br Siahaan; Andi Gultom; Yoldy Israq; Putriani Nduru; Yulia Christy Shintara Aruan; Christine Natalia Pangaribuan
Mutiara : Jurnal Penelitian dan Karya Ilmiah Vol. 3 No. 3 (2025): Juni : Mutiara : Jurnal Penelitian dan Karya Ilmiah
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mutiara.v3i3.2268

Abstract

Corporate criminal liability has become a pivotal issue in modern criminal law, particularly in response to the increasing prevalence of crimes committed by legal entities. This article provides a comparative analysis of the corporate criminal liability systems in Indonesia and the United States, focusing on the legal foundations, models of liability, and enforcement practices. The United States adopts the principle of vicarious liability, allowing corporations to be held accountable for the acts of their employees performed within the scope of employment. In contrast, Indonesia employs a more fragmented approach through sectoral laws, without a unified criminal liability doctrine for corporations. The study reveals that while Indonesia has begun to recognize corporate liability, it still faces significant challenges in legal harmonization and effective enforcement. This comparison aims to contribute to the development of a more comprehensive and adaptive corporate criminal liability system in Indonesia, in line with international best practices.
Application of Strain Criminology Theory in Analysing The Motives and Driving Factors of Perpetrators of Administrative Document Forgery Yulia Christy Shintara Aruan; Suci Ramadani; Rahmayanti Rahmayanti
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 1 (2025): Juni : Prosiding Seminar Nasional Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v2i1.56

Abstract

The criminal act of falsifying administrative documents related to civil registration is a form of crime that has serious implications for the order of state administration, public trust, and the validity of civil registration data. This study aims to analyse the motives and driving factors of perpetrators in falsifying administrative documents related to civil registration through the application of strain criminology theory. The research method used is normative legal research with a criminological approach, supported by a literature study of relevant laws, regulations, doctrines, literature, and court decisions. The results show that the falsification of administrative documents is influenced by the gap between the cultural goals of society—such as obtaining employment, education, and social status—and the limitations of available legal means. Social pressure, economic conditions, and negative experiences such as frustration and bureaucratic obstacles encourage individuals to commit illegal acts as a form of adaptation. In addition, other contributing factors include weak social control, opportunities created by an ineffective administrative system, and the influence of a permissive social environment on forgery practices. The conclusion of this study confirms that the crime of falsifying administrative documents is not solely an individual problem, but also a structural and systemic one. Therefore, prevention efforts must be comprehensive, not only through strict law enforcement, but also by improving the administrative system, strengthening bureaucratic oversight, and reducing the socio-economic pressures faced by the community.