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Cahyono, Anton
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Hubungan Hukum Kemitraan antara Driver Online dengan Penyedia Layanan Cahyono, Anton; Kusuma, Indra Fredika; Kusumo, Hendro Haryo
Perspektif Hukum VOLUME 24 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i2.311

Abstract

This study aims to find the best way out to realize legal protection for Online Drivers. This study uses a normative legal research type.(legal research, rechtsonderzoek),by emphasizing the implementation of law and conceptual approaches, especially related to partnership agreements. This study is not intended to verify the hypothesis testing. Thus, legal research is not known for hypotheses, and also does not recognize the term data. In legal research, the term legal material is used. The results of this study indicate that there are fundamental differences between partnership agreements and work agreements. Moreover,The partnership relationship between online drivers and application service providers is basically unique, considering that the legal and formal positions of the parties are equal (see Article 36).Law Number 20 of 2008).However, socially and economically online drivers are in a weak position. Therefore, the government as the sovereign should provide legal protection for online drivers in the form of laws and public policies. Legal protection for online drivers is basically intended to protect their rights. This is in line with John Rawls' principle of distributive justice.
Dualistic View in the Formulation of Criminal Offenses in the National Criminal Code Cahyono, Anton; Vahini Mahiratna, Gusti Ayu Gita Dharma; Mutmainnah, Luluk; Aniqoh, Ihda; Kusuma, Indra Fredika
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.248

Abstract

This article discusses the shift in criminal law perspectives in Indonesia from monist to dualist within the National Criminal Code (KUHP). These reforms were driven by the need for a better criminal legal framework in line with societal developments. The aim of criminal law reform is to achieve legal certainty, justice, and utility. The reasons for reform are influenced by political, sociological, psychological, and practical aspects. Reform efforts include legal discoveries through interpretation, analogy, and legal refinement, covering substantive, structural, and cultural aspects of the law. The National Criminal Code of Indonesia has shifted its perspective from monist to dualist. Monist theory unifies the wrongful nature and culpability as elements of a criminal act, while dualist theory separates them. The National Criminal Code affirms this separation but still formulates the subjective element of negligence in specific criminal acts. This shift in perspective has implications for law enforcement processes in courts. Prosecutors are not required to prove intent, and courts must balance criminal acts and criminal liability. However, there is a need for the development and understanding of these concepts by law enforcement, legal advisors, and judges to maintain a balance between legal certainty and justice. In conclusion, the National Criminal Code adopts a dualist perspective to strengthen the role of criminal law. The separation of criminal acts and criminal liability is expected to enhance the balance between legal certainty and justice in criminal court decisions in Indonesia.
Co-Authors Aniqoh, Ihda Kusuma, Indra Fredika Kusumo, Hendro Haryo Mutmainnah, Luluk Vahini Mahiratna, Gusti Ayu Gita Dharma