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Vic S., Binsar Jon
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Ketidakpastian Hukum Terhadap Penundaan Eksekusi Pidana Mati Vic S., Binsar Jon; Rusman, Rusman; Margaretha Tjhia, Kimico; Maria, Indri
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5386

Abstract

This study aims to examine the legal uncertainty that occurs during the waiting period for the execution of the death penalty, which is an important issue in the Indonesian criminal justice system. This study highlights the urgency of clearer and more comprehensive legal regulations to address the legal vacuum related to the execution waiting period limit which is not regulated in detail in Article 98 of Law No. 1 of 2023 concerning the Criminal Code (KUHP). The uncertainty in this waiting period leads to unauthorized delays and has the potential to disrupt the basic principles of punishment, such as legal certainty, justice, and the effectiveness of the deterrent effect. Through a normative legal approach, this study provides a solution to the legal vacuum by suggesting an update or revision to Article 98 which can regulate in detail the procedures for implementing the death penalty and its waiting period, with the aim of ensuring fair and efficient implementation in accordance with the principles of a state of law based on the 1945 Constitution and applicable legal norms.
Urgensi Penegasan Kewenangan Pengadilan Hubungan Industrial Dalam Penyelesaian Perselisihan Hubungan Industrial Kristiani, Enny; Vic S., Binsar Jon
JURNAL RETENTUM Vol 5 No 1 (2023): MARET
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5379

Abstract

Legal reform in the regulation of the authority of the Industrial Relations Court (PHI) is an important step to increase the effectiveness of industrial relations dispute resolution in Indonesia. Current legal limitations, such as the lack of court authority in enforcing decisions, as well as challenges in coordination between institutions, slow down the dispute resolution process. Therefore, reforms that include strengthening the authority of the court, the application of technology in the judicial system, and the harmonization of laws and regulations are expected to create clearer legal certainty and improve social justice. This reform will also accelerate the dispute resolution process, ensure more effective enforcement of decisions, and create more harmonious industrial relations between workers and employers, which ultimately supports sustainable economic development in Indonesia.
Urgensi Penerapan Insolvency Test dalam Penyelesaian Kepailitan dan PKPU di Indonesia Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Nugraha, Lingga; Vic S., Binsar Jon
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5381

Abstract

The implementation of bankruptcy testing in the bankruptcy legal system in Indonesia is proposed as a step to improve justice and legal certainty for debtors and creditors. The bankruptcy test aims to ensure that the debtor is truly unable to pay his debts before being declared bankrupt. Although the current bankruptcy law does not explicitly regulate the bankruptcy test, its implementation is considered important to prevent bankruptcy abuse by irresponsible creditors. In this article, we discuss a comparison of the existing bankruptcy system with the need to implement the bankruptcy test, as well as the challenges that may arise, both from legal, administrative, and socio-economic aspects. Recommendations for changes to the Bankruptcy Law, strengthening supervision, and law enforcement are also proposed to ensure the implementation of the bankruptcy test is effective. By implementing the right bankruptcy test, it is hoped that the Indonesian bankruptcy system can be more transparent and fair.
Co-Authors Enny Kristiani Lingga Nugraha Margaretha Tjhia, Kimico Maria, Indri Rusman Rusman