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All Journal Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta Unes Law Review Jurnal Sosial dan Teknologi Devotion: Journal of Research and Community Service Law Development Journal Sultan Agung Notary Law Review Indonesian Journal of Multidisciplinary Science Journal Of World Science Return : Study of Management, Economic and Bussines INJURITY: Journal of Interdisciplinary Studies Journal Research of Social Science, Economics, and Management Ranah Research : Journal of Multidisciplinary Research and Development Jurnal Penelitian Hukum Indonesia (J-PeHI) Journal Customary Law Politika Progresif : Jurnal Hukum, Politik dan Humaniora Referendum International Journal of Sociology and Law Parlementer : Jurnal Studi Hukum Dan Administrasi Publik Mahkamah: Jurnal Riset Ilmu Hukum International Journal of Law Social Sciences and Management ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Wieke Dewi Suryandari
Universitas Darul Ulum Islamic Center Sudirman
Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Public Health Social Sciences Transportation Other

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The Position of Corporate Testimony in the Criminal Law Evidence System for Corruption Crimes Endy Sulistya Hudi Prayogo; Mohamad Tohari; Wieke Dewi Suryandari
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 1 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Novembe
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i1.1262

Abstract

This study discusses the position and validity of corporate testimony as evidence in the criminal procedural law in Indonesia, particularly in corruption crimes. Corporate testimony is becoming increasingly relevant in the context of the complex structures of modern organizations that are often involved in corrupt practices. Although recognized as legal subjects, challenges in using corporate testimony as evidence include difficulties in identifying responsible parties, decentralized decision-making, and confidentiality policies that hinder access to important documents. This study also analyzes the obstacles faced by law enforcement in proving corporate testimony and its implications for justice and accountability. It is hoped that through this study, solutions can be identified to enhance the efficacy of proving corporate testimony in legal enforcement against corruption crimes.
Legal Protection of Advocates' Immunity Rights Dewi Suryandari, Wieke; Zaini, Naya Amin
International Journal of Law Social Sciences and Management Vol. 2 No. 1 (2025): International Journal of Law Social Sciences and Management
Publisher : Yayasan Meira Visi Persada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69726/ijlssm.v2i1.89

Abstract

The right to advocate immunity is the legal protection given to advocates who can practice their profession freely without the threat of criminal or civil charges. This right to immunity is regulated in Article 16 of Law Number 18 of 2003 concerning Advocates. However, the current legal protection is not yet fully effective because there is still a legal vacuum, especially in the scope of immunity rights outside the trial. As a result, advocates are still vulnerable to criminalization when performing their professional duties. This study aims to analyze the legal protection that is regulated and identify the shortcomings of regulations related to the right to advocate immunity. Using a normative legal approach, this study concludes that revisions and improvements are needed to clarify the limitations and scope of the right to immunity, including expanding the role of advocate organizations and educating law enforcement officers to prevent the criminalization of advocates.
Legal Vacuum Regarding the Election of the Head of the District Which is Followed by Only a Single Candidate Hono Sejati; Wieke Dewi Suryandari
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 1 (2025): Januari : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i1.281

Abstract

This study seeks to examine the legal vacuum surrounding regional head elections that feature only a single candidate, as well as the legal implications that arise from this scenario. In a democratic system, the principle of popular sovereignty necessitates a fair and free electoral process; however, the absence of clear regulations for regional head elections with a solitary candidate can jeopardize the integrity of this principle. Employing a normative legal methodology with both legislative and conceptual approaches, this study investigates various regulations that govern regional head elections and assesses how this legal vacuum impacts the electoral process and the constitutional rights of citizens. Additionally, the study identifies several strategies to address the legal vacuum, which include establishing clear legal provisions for the election process involving a single candidate, implementing a plebiscite mechanism, and enhancing transparency throughout the electoral process. The findings suggest that a more definitive and explicit legal framework is essential to uphold the principle of popular sovereignty in regional head elections featuring a single candidate.
Urgency of Legal Reform for Restructuring Non-Legal Entity Companies Sultoni, Wahyudi; Dewi Suryandari, Wieke; Susilowati, Tri
Devotion : Journal of Research and Community Service Vol. 5 No. 11 (2024): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i11.20689

Abstract

This research discusses the urgency of legal reform related to the restructuring of non-legal entity companies, such as trading businesses (UD), partnerships, and commandite partnerships (CV). The study highlights the legal uncertainties faced by these entities, which hinder their ability to adapt to market dynamics, access financial resources, and engage in strategic restructuring actions like mergers, acquisitions, and separations. Using a normative legal research method, this study analyzes existing legislative frameworks, including overlaps between the Micro, Small, and Medium Enterprises Law (UU UMKM) and the Job Creation Law, which create significant challenges for non-legal entities. The findings reveal that the absence of clear legal guidelines for restructuring leads to hesitancy in strategic decision-making and restricts these entities from accessing vital investment opportunities. The research concludes that comprehensive legal reform is essential to provide clear, specific regulations, establish structured partnerships, and create a conducive business environment for non-legal entities. These reforms will empower businesses to innovate, compete, and sustain growth while enhancing their overall market competitiveness.
Legal Reconstruction of the Legality of Digital Telemedicine in the Health Industry Rene Zakharia Pongsilurang; Hono Sejati; Wieke Dewi Suryandari
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.178

Abstract

The emergence of telemedicine as a digital transformation in the healthcare industry is a remarkable innovation that merges cutting-edge technology with community involvement. The progress has been found to enhance the quality of healthcare services but also poses challenges to ethical values in medicine that must be upheld to safeguard human dignity. Consequently, there is a pressing need to reform laws that can safeguard both healthcare providers and patients. Suggested legal reforms include modifying medical practice regulations to ensure equitable legal protection for doctors and patients during telemedicine consultations and bolstering the use of medical records as evidence in conflict resolution. These measures are aimed at ensuring that technological advancements in healthcare align with the values of Pancasila, which prioritize scientific values, fairness, justice, humanity, and balance, as well as the safety and protection of patients.
Legal Obligations by Companies in Mitigating the Risks of Sustainable Digital Innovation Gilang Indra; Wieke Dewi Suryandari; Mohamad Tohari
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.179

Abstract

Digital innovation offers myriad advantages to companies but also entails risks necessitating mitigation. To safeguard against adverse impacts on both the company and its consumers, adherence to legal obligations is imperative. Privacy and security risks pose potential economic, ethical, or legal ramifications for consumers and companies alike. The duty to safeguard personal data is shared between governmental bodies and companies, with the latter assuming primary responsibility as service providers. Ethical business conduct entails the protection of user data and transparent disclosure of data usage to users. Companies also need to consider human, technological, and environmental aspects before developing new technologies. Therefore, awareness from companies is needed to fulfill their digital social responsibility. The latest regulation is Law Number 27 of 2022 concerning Personal Data Protection. Personal data protection is one of the main focuses of Corporate Digital Responsibility (CDR) or Corporate Digital Responsibility. The CDR concept is an evolution of Corporate Social Responsibility adapted to the digital era. In CDR, companies are expected to adopt practices that consider digital culture. It can be an effective strategy to integrate business and government interests in efforts to protect digital users.
Affirmation of the rights and obligations of couriers in cash on delivery marketplace transactions Ferynando, Hamka; Suryandari, Wieke Dewi; Tohari, Mohamad
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1027

Abstract

The Cash on Delivery (COD) payment scheme in Indonesia has become a popular choice in e-commerce, offering convenience and trust to consumers, particularly those without access to digital banking services. However, this scheme presents significant challenges, particularly for couriers who bear the brunt of operational and financial risks. Despite their role as intermediaries, couriers face unfair expectations, including bearing the costs of unpaid goods or managing buyer dissatisfaction over product non-conformity. This research examines the rights and obligations of couriers in COD transactions through a normative legal and case study approach. The findings reveal systemic gaps in legal protections and a lack of clear regulatory frameworks to safeguard couriers' rights, compounded by unfair corporate policies and limited awareness among couriers regarding their legal boundaries. To mitigate these challenges, the study recommends developing comprehensive legal frameworks, promoting good faith among transaction parties, and exploring innovative solutions such as integrating technology to enhance transparency and accountability. This study contributes to the legal and e-commerce fields by proposing actionable solutions to protect couriers while fostering a sustainable COD ecosystem. Future research should focus on comparative studies of international practices, the psychological impact on couriers, and alternative payment systems to address the inherent risks in COD transactions.
Strengthening legal certainty in the construction sector through the reconstruction of criminal sanctions for building failures Nasirin, Khoirun; Zaini, Naya Amin; Suryandari, Wieke Dewi
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1029

Abstract

The construction sector is vital for Indonesia's national economic development and infrastructure growth, serving as a foundation for public welfare and the built environment. However, the legal framework governing this sector faces significant challenges, particularly in addressing building failures and their associated accountability. The absence of clear definitions and specific criminal sanctions in Law No. 2 of 2017 on Construction Services creates legal uncertainty, undermining both accountability and enforcement mechanisms. This study analyzes regulatory gaps, focusing on weaknesses in existing legal provisions related to construction failures and exploring avenues for reconstructing criminal sanctions to enhance legal certainty and justice. Utilizing a normative juridical research method, the study identifies the ambiguity in defining construction failures and the lack of proportional sanctions as critical barriers to ensuring compliance, safety, and quality standards in the industry. The findings highlight the necessity for legislative reforms to provide a comprehensive definition of construction failure, establish proportional criminal sanctions, and implement effective dispute resolution mechanisms. Such measures aim to strengthen legal protections, foster industry accountability, and promote safer and higher-quality construction practices, contributing to the advancement of Indonesia’s construction sector and public interest.
Reorientation of regulation to accommodate the status of online driver workers Christiyono, Thomas Carlo; Tohari, Mohamad; Suryandari, Wieke Dewi
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1030

Abstract

The gig economy, marked by the rise of digital platforms such as ride-hailing services, has transformed labor relationships, challenging traditional employment regulations. This study examines the legal ambiguity surrounding the employment status of online motorcycle taxi drivers in Indonesia, focusing on the elements of work, wages, and command that align with employment relationships yet remain categorized as partnerships. The lack of regulatory clarity undermines drivers’ access to essential rights such as fair wages, social security, and health protections, exacerbating power imbalances and exposing them to exploitation. This research employs a normative legal method to analyze the regulatory gaps in existing labor laws and proposes a reorientation of regulations to better accommodate online drivers’ status and protect their rights. Findings highlight the need for clear legal definitions, limits on freedom of contract, and regulatory frameworks that ensure drivers’ participation in policy-making. By recognizing drivers as workers, this study advocates for a fairer, more sustainable labor framework, enhancing legal certainty and fostering trust in the digital transportation industry. Future research is suggested to explore comparative worker classification models, the economic impact of worker recognition, and the role of technology in mitigating power imbalances between drivers and platforms.
Legal Protection For Businesses Against Sustainable Innovation In The Digital Realm Hendro, Hendro; Wieke Dewi Suryandari; Lamijan, Lamijan
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2155

Abstract

The buying and selling process can now be through non-physical transactions or employing digital media. Physical transactions require buyers and sellers to meet to exchange goods or services directly. However, problems arise when sellers are located outside the area, making it difficult for buyers to access them. Technological advances provide solutions for buyers and sellers who are separated by distance through E-Commerce. E-commerce offers many conveniences in marketing goods or services. Sellers can market their products widely by providing various variants. Marketing via e-commerce does not require a physical store to display products, thereby reducing costs. Meanwhile, buyers can also easily choose the products they want. However, the facts in the buying and selling process via social media generate a risk of loss for consumers and business actors due to the possibility for fraud that could be performed by one of the parties. Losses experienced by business actors are caused by failure to fulfill the achievements that should be carried out by the consumer. It is because numerous people do not understand the principles of security in online transactions, such as verifying the identity of the merchant or customer, security in payment procedures, and other factors that can help deter crime. As a result, criminal cases often occur which cause losses in the digital market, as if cyberspace has no legal rules. The presence of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 8 of 1999 concerning Consumer Protection is a solution to protect actors who transact in E-Commerce.
Co-Authors Ahmad Rizky Siregar Christiyono, Thomas Carlo Dwi Listyandarti Endy Sulistya Hudi Prayogo Ferynando, Hamka Gilang Indra Hamdani Hamdani Hendro Hendro, Hendro Hono Sejati Hono Sejati Hono Sejati Hono Sejati Hono Sejati, Hono Irfan Rizky Hutomo Irfan Rizky Hutomo Irfan Rizky Hutomo Khoirudin Khoirudin Lamijan Lamijan Lamijan Lamijan Lamijan Lamijan Lamijan Lamijan, Lamijan Loeky Kristanto Mohamad Tohari Mohamad Tohari Mohamad Tohari, Mohamad Muhammad Zainuddin Muhdar Muhdar Murtono Murtono Nasirin, Khoirun Naya Amin Zaini Naya Amin Zaini Nursam Prasetyo Rene Zakharia Pongsilurang Rio Putra Simanjuntak Sa’diyanto Sa’diyanto Sultoni, Wahyudi Tedjo Asmoro Teep Ransanoi Thomas Carlo Christiyono Tri Susilowati Tri Susilowati Tulkah Husen Wahyu Rasika Setya Arta Wawan Suryadinata Whendy Brasilianna Yordi Priambodo Yusuf Tri Hendra Gunawan Zaini, Naya Amin