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All Journal International Journal of Computer and Information System (IJCIS) Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan International Journal of Social Science, Education, Communication and Economics Sinomika Journal: Publikasi Ilmiah Bidang Ekonomi dan Akuntansi Journal Evidence Of Law Siwayang Journal: Publikasi Ilmiah Bidang Pariwisata, Kebudayaan, dan Antropologi PENA LAW: International Journal of Law LAWPASS Kreano, Jurnal Matematika Kreatif Inovatif International Journal of Educational Qualitative Quantitative Research
Akkapin, Supaphorn
Unknown Affiliation
Religion Arts Humanities Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Journal Evidence Of Law

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Parate Execution Agianst Third Party Interest From Debtor Default and Creditor Breach Within The Framework Of National Security Law Pranowo, Yusuf; Yuhelson , Yuhelson; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.922

Abstract

This research aims to analyse the implementation of parate execution in the legal system of property security in Indonesia, especially in relation to the protection of third-party rights. Although parate execution is a creditor's right that is legally regulated in legislation, its practice often raises issues of justice, legal certainty, and legal expediency. Third parties, such as heirs or auction buyers, often suffer losses because their rights are not properly considered or protected. This research uses a normative juridical approach by analysing parate execution cases involving conflicts between creditors, debtors, and third parties. The results show that there is injustice in the implementation of parate execution when the rights of third parties are ignored, as well as legal uncertainty due to inconsistent procedures and rules for execution. In addition, the current legal system has not been able to create optimal legal benefits, as third parties often do not receive adequate protection. Based on these findings, the study recommends clearer regulatory reforms and transparent procedures to protect the rights of third parties. This reform is needed to ensure that the implementation of parate execution is fair, provides legal certainty, and produces equitable benefits for all parties involved.
The Concept Of Liability As Legal Protection For Notaries Exercising Authority In Indonesia Kirana, Claradyta; Maryano, Maryano; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.937

Abstract

This research examines the legal protection for notaries in exercising their authority, especially when there are allegations of errors in making deeds that can have an impact on criminal or civil lawsuits. The phenomenon of increasing lawsuit cases against notaries indicates the existence of legal uncertainty in this profession, which encourages the urgency of formulating a clearer concept of legal protection. Using the theory of liability, this research analyses the limits of notary responsibility as well as the concept of legal protection that can provide prevention against unfounded claims. This research uses normative legal research methods with statutory, case, and conceptual approaches. The results show that notaries need legal protection that can balance their duties and authorities, especially in relation to the limits of liability and the application of liability. The proposed concept of legal protection covers two aspects, namely preventive and repressive, to ensure that notaries can perform their duties independently and are safe from excessive legal threats. The conclusion of this research is expected to contribute to the formation of legal policies that strengthen protection for notaries and clarify the role of the state in providing guarantees to the integrity of the notary profession in Indonesia.
The Role Of Constitutional Law in Regional Autonomy Deltanto Sarwi Diatmiko, Raden; Djunaedi, O.; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.942

Abstract

This research aims to analyse the influence of constitutional law foundations on the implementation of regional autonomy policies in Indonesia. Using a normative legal research methodology with a statutory approach, this study examines the legal norms governing regional autonomy as well as analyses the authority between the central and regional governments. The results show that the clarity of legal regulations contributes significantly to the effectiveness of regional autonomy, while overlapping authority and weak monitoring mechanisms are obstacles. This study concludes that strengthening regulations and public participation are essential to improve the successful implementation of regional autonomy policies.
Challenges For Capital Market Investors Post Effectiveness UU No.4 Of 2023 Concernng Development and Strengthening The Financial Sector In Indonesia Wulan Wuryandari, Rr. Utji Sri; Surono, Agus; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.971

Abstract

The aims of this study are: firstly, to examine the legal protection of capital market investors after the enactment of Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector; and secondly, to examine the implementation of Article 49 paragraph (5) of Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector which regulates the authority of the Financial Services Authority (OJK) as the sole investigator in the financial services sector, especially in the capital market field. This study uses normative research methods and a qualitative analysis approach. This study concludes that legal protection for capital market investors cannot fully follow what is regulated and mandated by law in the financial sector. This is hampered by the rejection of judicial review regarding laws in the financial sector. The next conclusion is that Article 49 paragraphs (1) and (5) which regulate the authority of the OJK as the sole investigator in the financial services sector cannot yet be implemented due to Constitutional Court Decision No. 59/PUU-XXI/2023. The Constitutional Court's decision granted the lawsuit so that the investigative authority for criminal acts in the financial services sector continues to involve the Police in addition to the OJK. Because Article 49 of Law No. 4 of 2023 cannot be applied to OJK's authority, so the implementation of its authority continues to follow Law No. 21 of 2011 concerning the Financial Services Authority. Furthermore, this study is aimed at realizing a more comprehensive arrangement in the financial sector, especially in the capital markets sector
Traditional Decriminalization in a Digital World: Reconstructing Criminal Policy towards Bitcoin-Based Money Laundering in the Era of Decentralized Finance Fadilah, Fadilah; Susanto, Deny; 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.v4i2.1523

Abstract

The emergence of Bitcoin and blockchain technology as a decentralized financial infrastructure has shaken the foundations of the conventional criminal justice system, particularly in addressing money laundering offenses. This study aims to evaluate the effectiveness of existing criminal policies and reformulate the criminal law approach toward anonymous and cross-jurisdictional digital assets. Using a legal-normative method and comparative analysis of international policies, it was found that policies overly reliant on formal financial institutions become irrelevant in detecting peer-to-peer blockchain transactions. This study proposes a model for reconstructing criminal policy based on the principles of responsive law, adaptive digital surveillance (RegTech and SupTech), and transnational jurisdictional cooperation. The findings of this study are expected to provide conceptual and practical contributions to the design of a relevant, progressive, and digitally grounded criminal justice system.
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

Abstract

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.
Corporations as Corruption Offenders: Challenges and Solutions for Restorative Justice-Based Punishment Kilikily, Nikolas Johan; Kristiawanto, Kristiawanto; 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.v4i2.1447

Abstract

The criminal prosecution of corporations involved in corruption in Indonesia has yet to demonstrate substantial effectiveness, both in terms of substantive justice and the enforcement of anti-corruption laws. Although corporations are legally recognized as subjects of criminal liability, enforcement practices remain limited, and sanctions imposed tend to be formalistic without triggering structural reforms within the company. This study employs a normative legal and comparative law approach to evaluate the effectiveness of existing regulations and to propose a more progressive model of corporate criminal liability. The findings indicate that corporate punishment should include preventive, restorative, and internal restructuring measures, rather than mere financial penalties. Therefore, regulatory reform and the application of multi-level sanctions are essential to establish deterrence and ensure sustainable justice in combating corporate corruption.
Revisiting the Principles of International Contracts in the Digital Trade Era: Towards a Global Legal Framework Hidayati, Sri; Susilowati, Etty; 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.v4i2.1593

Abstract

Digital commerce has fundamentally transformed the legal foundations of classical international contracts in several ways. Principles such as consensualism, freedom of contract, and good faith face serious challenges due to the emergence of algorithmic contracts, power asymmetries on digital platforms, and the complexity of cross-border jurisdictions. This study critically examines the normative limitations of existing legal frameworks, including the CISG, UNIDROIT Principles, and UNCITRAL Model Laws, when confronted with a digitalized contractual environment. Using a normative-comparative approach, this study redefines contractual principles by incorporating concepts such as algorithmic fairness, digital accountability, and trust-by-design. This study emphasizes that the global legal order for digital contracts must transcend the nation-state paradigm and shift toward a pluralistic, principle-based framework through transnational legal processes. This study contributes to the development of legal theory and regulatory design by proposing a roadmap for an inclusive and adaptive global normative architecture.
Protection of Advocates Immunity Rights in The Criminal Code: Between Legal Certainty and Justice Subri, Anderson; Hamid, Adnan; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1599

Abstract

The protection of advocates’ immunity rights is a fundamental aspect of ensuring their role as independent and equal law enforcers within the criminal justice system. In Indonesia, advocate immunity is regulated under Article 16 of Law No. 18 of 2003 on Advocates and was further interpreted by the Constitutional Court Decision No. 26/PUU-IX/2013 to extend beyond courtroom proceedings. However, the emergence of the Criminal Code (KUHP) raises new debates regarding the explicit recognition and operational guarantees of such rights. This study aims to analyze the normative position of advocate immunity in the KUHP and assess its implications for legal certainty and the pursuit of justice. Employing a normative legal approach and comparative analysis with other legal systems, the research finds that the current lack of clear and explicit provisions protecting advocates’ immunity in the KUHP is a notable deficiency. This legal gap may weaken the position of advocates and expose them to risks of criminalization in the performance of their professional duties. Therefore, this paper recommends a clearer normative formulation that ensures adequate protection for advocates while upholding a balanced realization of legal certainty and substantive justice in Indonesia’s criminal justice system.
Corporate Human Rights Due Diligence in Transnational Business: Towards a Binding Normative Framework in International Private Law Cindya, Cindya; Prasetyo, Dedy Ardian; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1712

Abstract

The global expansion of transnational corporations has intensified concerns over human rights (HR) violations, including forced labor, environmental harm, and the displacement of local communities. Existing international instruments—such as the UN Guiding Principles on Business and Human Rights (UNGPs) and OECD Guidelines—remain non-binding and lack effective enforcement. While regional initiatives like the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) signal a transition toward binding obligations, their territorial scope limits broader applicability. This gap underscores the pressing need for normative frameworks that supersede voluntary standards. This study adopts a normative juridical methodology, analyzing international instruments, landmark cases (Kiobel v. Royal Dutch Petroleum and Chevron v. Ecuador), and comparative regulatory approaches. The findings demonstrate that private international law offers untapped potential to embed HR due diligence (HRDD) obligations within transnational business practices. Contractual mechanisms, choice of law clauses, and international arbitration can transform HRDD into binding legal commitments, complementing public international law while addressing jurisdictional and enforcement barriers. The novelty of this research lies in reframing private international law as a substantive tool for human rights enforcement. It advances the paradigm of “privatization of human rights accountability,” expanding the discourse on corporate accountability beyond the limits of public law. Practically, the study contributes actionable models for regulators and corporations to integrate HRDD into global supply chains, thereby strengthening both human rights protection and sustainable corporate governance
Co-Authors Achmad Doradjat, Tubagus Ade Irma Nahdliyyah Adnan Hamid Agus Surono Al, Bintang Alam, Dippo Ali Imron Amalia Nur Savitri, Firdha Anas, Irfan Cahya Kumala, Yudha Cindya, Cindya Darodjat, Tubagus Achmad Dedy Ardian Prasetyo Deltanto Sarwi Diatmiko, Raden Deswanta, Andi Djunaedi, O. Dwi Ario Fajar Dwi Budi Santoso Efendi, Tino Feri Erwin Isharyanto, Johan Etty Susilowati Fadilah Fadilah, Fadilah Fahrurrozie Hidayat, Arief Gutierrez, Grace Hamler, Hamler Heri Ariadi Hermawan, Agung Idris, Kholik Ismed, Mohamad Iwan Kurniawan Kilikily, Nikolas Johan Kirana, Claradyta Kristiawanto, Kristiawanto Lawe, Dedi Marsudi Lestari Sutrisno, Windi Linayati Maryano, Maryano Masrukhi Masrukhi Mujtahidah, Tholibah Muliasari, Dewi Muzakki, Fauzan Napitupulu, Amin Pardomuan Nenden Mutiara Sari Nizam, Ary Nur Asmah, Nur Nur Widyanti, Amelia Nurlaelasari, Eva Nursamsiah, Ely Osman, Kamisah Pasaribu, Yusuf Hanafi Pranowo, Yusuf Putri, Anggrainy Ria Latifa, Dwi Rizqi Alfarizi Ramadhan, Muhammad Rosita, Putri Aulia RR Utji Sri Wulan Wuryandari Setyawan, Dony Shodiq, Md. Sigit Irianto Sonyendah Retnaningsih, Sonyendah Sri Hidayati Sri Mulyani Subri, Anderson Suganda, Atma Susanto, Deny Tan, Michael Lip Thye Wahidin Wahidin Yaniawati, Poppy Yuhelson Yuhelson Yusuf Hasibuan, Fauzie