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Kajian Yuridis Terhadap Pemulihan Hak Politik Mantan Narapidana dalam Putusan Mahkamah Konstitusi Nomor 4/PUU/VII/2009 dalam Perlindungan Konstitusi Hak Asasi Manusia Suyitno Suyitno; Dudik Djaja Sidarta; Renda Aranggraeni
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.v2i1.1345

Abstract

This study aims to examine the legal aspects of the restoration of political rights of former convicts in the Constitutional Court Decision Number 4/PUU/VII/2009, with a focus on the protection of human rights in the constitution. The decision is important in the context of changes in the law governing political rights for former convicts in Indonesia, which were previously limited by the existing legal system. In this decision, the Constitutional Court ruled that restrictions on political rights for former convicts were not in line with the principles of human rights guaranteed in the 1945 Constitution. This study uses a normative approach by analyzing laws and regulations, Constitutional Court decisions, and legal doctrines related to human rights and political rights. The results of the study indicate that the restoration of political rights for former convicts is an important step in ensuring the protection of human rights, as well as creating a more rehabilitative and inclusive criminal justice system. In addition, the decision also has important implications for efforts to improve the legal system in Indonesia, which should pay more attention to the rehabilitation of convicts and the restoration of their social status after serving their sentence.
Judicial Reasoning in Sidoarjo District Court Decision No. 199/Pid.Sus/2023: Corporate Criminal Liability in Environmental Crimes Samsul Hadi; Dudik Djaja Sidarta; Renda Aranggraeni; M. Yustino Aribawa
Journal of International Multidisciplinary Research Vol. 3 No. 9 (2025): September 2025
Publisher : PT. Banjarese Pacific Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62504/jimr1360

Abstract

This study analyzes the judicial reasoning behind Putusan Pengadilan Negeri Sidoarjo No. 199/Pid.Sus/2023/PN Sda, a landmark decision involving corporate criminal liability for environmental violations in Indonesia. The case centers on PT Surya Prima Semesta’s illegal disposal of hazardous waste (fly ash and bottom ash) without an environmental permit, resulting in the prosecution of its corporate director. Employing a normative juridical method, the research examines the court’s application of doctrines such as strict liability and identification theory within the framework of Law No. 32 of 2009 on Environmental Protection and Management. The findings show that the court adopted a formalistic, text-based legal reasoning model, treating permit violations as inherently punishable acts regardless of actual environmental harm. While the decision reinforces regulatory compliance and affirms corporate culpability, it lacks engagement with broader organizational responsibility and foundational environmental law principles like the precautionary principle and sustainability. This study argues for a more integrated doctrinal approach one that balances rule-based logic with value-oriented reasoning to enhance legal consistency, advance environmental justice, and align Indonesia’s corporate accountability framework with international standards.
Legal Protection for Investors in Case of Stock Fraud in the Capital Market Neni Anggraeni; Dudik Djaja Sidarta; Renda Aranggraeni; Siti Marwiyah; Bachrul Amiq
Journal of International Multidisciplinary Research Vol. 3 No. 11 (2025): November 2025
Publisher : PT. Banjarese Pacific Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62504/jimr1394

Abstract

The Indonesian capital market plays a pivotal role in mobilising long-term financing for corporations and providing investment opportunities to the public. However, persistent stock fraud cases undermine market integrity and investor confidence. This study aims to evaluate the effectiveness of the existing legal framework for investor protection against stock fraud, analyse its practical implementation, and recommend measures to strengthen both preventive and repressive mechanisms. Employing a normative legal research design with a qualitative approach, the study integrates statute, conceptual, and case approaches, focusing on Law No. 8 of 1995 on Capital Markets, OJK regulations, the Criminal Code, and notable cases such as PT Hanson International Tbk. The findings reveal that while the legal framework normatively aligns with the Legal Protection Theory, Justice Theory, and Legal Effectiveness Theory, substantial gaps remain between regulation and enforcement. Weak supervisory coordination, delayed intervention, lengthy judicial processes, and low investor legal literacy reduce effectiveness. Recommended reforms include adopting regtech and suptech, enhancing cross-agency data integration, implementing AI-based surveillance, establishing a specialised capital market court, and strengthening investor education. The study concludes that combining regulatory improvements, adaptive enforcement, and public legal empowerment is essential to safeguard investors, maintain market integrity, and promote sustainable economic growth.