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All Journal Jurnal Hukum Lex Generalis
Darmansyah, Erick
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Law, Crime, Criminology & Criminal Justice

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Analisis Hukum Terhadap Perluasan Hak Monopoli Kepada Badan Usaha Milik Negara Oleh Presiden: Kajian Berdasarkan Perspektif Filsafat Hukum Rasji; Darmansyah, Erick
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.977

Abstract

This study aims to analyze the expansion of monopoly rights granted by the President to State-Owned Enterprises under Law No. 1 of 2025 from the perspective of legal philosophy. The research method used is normative-philosophical with conceptual, historical, and juridical approaches through literature and regulatory analysis. The monopoly rights provision explicitly expands presidential authority to appoint State-Owned Enterprises’ as sole operators in vital sectors. While constitutionally grounded in Article 33 of the 1945 Constitution, such expansion raises concerns regarding distributive justice and legal certainty. Law No. 1/2025 lacks clarity on the required regulatory form, opening room for ambiguous interpretation and potential market inequality. From both positive law and progressive legal theory perspectives, unchecked monopolies may harm healthy market competition. Analysis through Aristotle’s justice theory, utilitarianism, progressive law, and law and economics approaches reveals the need for limitations based on justice, transparency, and public service efficiency. In conclusion, the expansion of monopoly rights must be regulated within a clear and accountable legal framework to protect public interest and avoid harming other business actors.
Dinamika Hukum dan Politik dalam Dugaan Kasus Korupsi yang Melibatkan Pertamina: Analisis Yuridis dan Implikasinya terhadap Kebijakan Energi Nasional Darmansyah, Erick; Gunadi, Ariawan
Jurnal Hukum Lex Generalis Vol 5 No 11 (2024): Tema Hukum Lingkungan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i11.1065

Abstract

This study aims to analyze the legal and political dynamics in the alleged corruption case involving PT Pertamina and its implications for Indonesia’s national energy policy. The research method used is normative with statutory and case approaches. This case reveals the weakness oversight in energy governance, with indications of oil import manipulation and fuel adulteration. National political dynamics affect the independence of law enforcement processes, with potential interference from vested interests. These irregularities have wide-ranging effects on public trust, consumer protection, and national energy supply stability. The financial loss to the state is enormous, reaching hundreds of trillions of rupiah, alongside consumer losses due to substandard fuel products. Additionally, poor SOE governance underscores the urgency of reforming energy policy and strengthening oversight mechanisms. In conclusion, strategic measures are needed, including transparency, stronger law enforcement independence, and energy policy reform that serves the public interest.
Analisis Hukum Pelaksanaan Olah Tempat Kejadian Perkara dalam Penegakan Hukum Pidana Melalui Pencarian Alat Bukti Darmansyah, Erick; Lie, Gunardi
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

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Abstract

Murder is a grave crime that threatens human life and social order, necessitating meticulous investigation to achieve material truth as mandated by the Indonesian Code of Criminal Procedure. Governed by Articles 1(14), 6, and 7 of Indonesian Code of Criminal Procedure and Law No. 2 of 2002 on the Indonesian National Police, investigations authorize investigators to receive reports, examine witnesses, secure crime scenes, and collect evidence. Determining the tempus delicti (time of the crime) is critical for reconstructing events, validating evidence, and identifying perpetrators, yet it is hindered by limited forensic technology, inconsistent witness statements, and weak inter-agency coordination. Crime scene processing, utilizing forensic analysis such as linkage theory and post-mortem examinations, is pivotal in establishing the time of the crime, as stipulated in Article 184(1) of Indonesian Code of Criminal Procedure. However, Indonesia’s lack of forensic laboratories, inadequate investigator training, and inconsistent standard operating procedures often lead to evidence contamination or failed prosecutions, potentially resulting in acquittals. Ethical violations by rogue investigators, such as abuse of authority, further erode legal legitimacy and public trust. This study employs a normative juridical approach, analyzing legislation, legal principles, and doctrines related to murder investigations to evaluate the effectiveness of crime scene processing, structural challenges, and compliance with positive law, including Indonesian Code of Criminal Procedure and the 1945 Constitution. The study recommends forensic reforms, enhanced investigator integrity, and improved inter-agency coordination to support substantive justice in a rule-of-law state.
Tinjauan Yuridis terhadap Reformasi Hukum Acara Penyidikan di Indonesia Darmansyah, Erick; Silalahi, Wilma
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

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Abstract

The national criminal law reform, marked by the enactment of Law Number 1 of 2023 in Criminal Code, brings fundamental changes to Indonesia's criminal justice system, including in the legal aspects of investigation procedures. Previously regulated separately in the Criminal Procedure Code, investigations are now addressed in the new Criminal Code through several provisions governing the early stages of criminal law enforcement. This study aims to examine the legal normative changes related to investigations, analyze the differences between the old and new Criminal Code provisions, and assess their implications for Indonesia's criminal justice system. The research method used is normative legal research with legislative and comparative law approaches. The findings indicate that the new Criminal Code introduces a fresh perspective on the investigator's role, the initiation of prosecution, and the reinforcement of restorative justice principles. However, overlapping norms between the Criminal Code and the Criminal Procedure Code remain a serious issue that must be addressed through more comprehensive criminal procedural reforms.
Co-Authors Ariawan Gunadi Lie, Gunardi Rasji Silalahi, Wilma