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Journal : Journal Evidence Of Law

Building a Framework for Sports Dispute Settlement: Legal Mechanism and Alternative Approaches in Indonesia Silvana, Nina; Surono, Agus; Hamid , Adnan
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.969

Abstract

This study examines Indonesia’s sports dispute resolution landscape as well as the potential for building a comprehensive sports dispute settlement framework in Indonesia, analyzing current regulatory practices, arbitration processes, and alternative dispute resolution (ADR) mechanisms in the context of sports activities in Indonesia. This research will use doctrinal legal research methods and employs secondary data. Those data especially in the form of several legal materials, such as primary legal materials like acts or regulations as well as secondary legal materials like some studies conducted by several researchers previously. Data analyze will be undertaken qualitatively. By analyzing these issues, the paper outlines the necessary adjustments to Indonesia’s regulatory structure and the potential benefits of a dedicated sports dispute resolution body. It is important to harmonize arbitration processes with international standards to foster credibility especially after Indonesia has unified several arbitration institutions become only one institution, namely BAKI
Challenges For Capital Market Investors Post Effectiveness UU No.4 Of 2023 Concernng Development and Strengthening The Financial Sector In Indonesia Wulan Wuryandari, Rr. Utji Sri; Surono, Agus; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.971

Abstract

The aims of this study are: firstly, to examine the legal protection of capital market investors after the enactment of Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector; and secondly, to examine the implementation of Article 49 paragraph (5) of Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector which regulates the authority of the Financial Services Authority (OJK) as the sole investigator in the financial services sector, especially in the capital market field. This study uses normative research methods and a qualitative analysis approach. This study concludes that legal protection for capital market investors cannot fully follow what is regulated and mandated by law in the financial sector. This is hampered by the rejection of judicial review regarding laws in the financial sector. The next conclusion is that Article 49 paragraphs (1) and (5) which regulate the authority of the OJK as the sole investigator in the financial services sector cannot yet be implemented due to Constitutional Court Decision No. 59/PUU-XXI/2023. The Constitutional Court's decision granted the lawsuit so that the investigative authority for criminal acts in the financial services sector continues to involve the Police in addition to the OJK. Because Article 49 of Law No. 4 of 2023 cannot be applied to OJK's authority, so the implementation of its authority continues to follow Law No. 21 of 2011 concerning the Financial Services Authority. Furthermore, this study is aimed at realizing a more comprehensive arrangement in the financial sector, especially in the capital markets sector
Legal Politics the Position of Witnesses and the Right to Assitance by Advocates in Criminal Cases Nurbayanti, RR Duni; Surono, Agus; Panday, Arti
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1706

Abstract

The examination of witnesses is very important in the examination of criminal cases, because these witnesses can shed light on a case. A witness is an individual who has direct information about a criminal event. A person is brought forward as a witness because he immediately "hears, sees and experiences" the criminal case. Witnesses are expected to provide information for the purposes of investigation, prosecution, and justice about a criminal case. So important is the position of the witness, so the existence of the witness should be regulated in laws and regulations, including the assistance of advocates when giving information in front of police investigators. This study examines the legal politics of witness regulation in criminal cases, with reference to the Criminal Code. The Indonesian people are waiting for the renewal of the Criminal Code to replace Law Number 8 of 1981 concerning the Criminal Procedure Law. This research concludes that legal politics as shown by the Draft Criminal Procedure Law provides more opportunities for advocates to provide legal services for suspects and witnesses in the examination of criminal cases ranging from the level of investigation in the police to the examination in court
Reformulating the Governance of Carbon Economic Value Based on Pancasila Ethics and Climate Justice to Address Inequality and Prevent Crimes in Indonesia’s Carbon Trading Soeharso, Silverius Y.; Surono, Agus; Hamid, Adnan; Rangsimanop, Phattharawadee
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1707

Abstract

This article critically examines the urgency of reformulating the governance framework of Carbon Economic Value (CEV) in Indonesia by integrating the ethical principles of Pancasila as Indonesia’s national ideology and climate justice. The increasing risks of inequality, greenwashing, and transnational environmental crimes in voluntary and compliance carbon markets demand a just, adaptive, and integrity-based legal approach. By highlighting the current regulatory gaps and institutional weaknesses, this paper proposes a hybrid legal framework for carbon trading, anchored in Indonesia’s national ideology, environmental law, and behavioral economic approaches. The article concludes with specific policy recommendations and outlines a roadmap for legislative reform to ensure Indonesia's carbon governance is both globally competitive and locally just.
Legal Reconstruction of the Position of Tax Courts Following the Issue of Constitutional Court Decisions No. 26/PUU-XXI/2023 Wenceslaus, Wenceslaus; Surono, Agus; Hamid , Adnan; Retnaningsih, Sonyendah; Teepapal , Tanawat
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1711

Abstract

As stated in Article 1(8) of the Judicial Power Act, tax courts are special courts under the Supreme Court and part of the judicial branch. According to Article 1(5) of the Tax Court Law, tax disputes are those arising in the field of taxation between taxpayers and authorized officials as a result of a decision that can be appealed or challenged in the Tax Court, in accordance with tax laws and regulations. This includes lawsuits regarding the enforcement of tax collection based on the Tax Collection Act with a Summons. Law No. 17 of 1997 on Tax Collection by Means of a Forced Execution Letter regulates tax disputes arising from tax collection actions by officials that do not comply with legal procedures, causing taxpayers to feel aggrieved. Constitutional Court Decision No. 26/PUU-XXI/2023 is based on Article 24(1) of the 1945 Constitution of the Republic of Indonesia, which states that the Supreme Court and the courts under its authority exercise judicial power. The decision reaffirms that the Tax Court is part of the judicial power and that the Supreme Court must supervise it. Constitutional Court Decision No. 26/PUU-XXI/2023 aims to enhance the Tax Court's independence. Transferring the authority for the organization, administration, and finance of the Tax Court from the Ministry of Finance to the Supreme Court is expected to achieve this goal. Prior to the decision, the Tax Court was under the Supreme Court within the Administrative Court System. The Tax Court was also under the Ministry of Finance in terms of organizational, administrative, and financial supervision in accordance with Article 5(2) of Law No. 14 of 2002 on the Tax Court. However, the arrangement of the status of tax courts following the issuance of Constitutional Court Decision No. 26/PUU-XXI/2023 has raised the issue that the decision does not automatically amend the provisions of Law No. 14 of 2002 on Tax Courts, particularly Article 5(2). According to Constitutional Court Decision No. 26/PUU-XXI/2023, the Supreme Court is responsible for supervising the organization, administration, and finances of the Tax Courts. However, Article 5(2) of Law No. 14 of 2002 of the Republic of Indonesia on Tax Courts grants the Ministry of Finance the authority to supervise the organization, administration, and finances of the Tax Courts. These conflicting provisions result in the loss of the Tax Court's status as an independent judicial institution.
Co-Authors . Suhartini Achmad Dwitama Karisma Adi Heru Sutomo Aditya Pratama Adnan Hamid Afan Hamzah, Afan Agung Iriantoro Agustiani, Elly Ahmad Imanuddin Aini, Fitria Waffi Nur Akkapin, Supaphorn Ali Altway Angelina Candra Dewi Anton Budhi Darmawan Aprianti, Rina Ardiani, Liana Ari Prayogo Pribadi Artha, Dian Parama Asrul Sani Azwar Azwar Bahuri, Firli Bawono, Mahatma Sotya Danawati Hari Prajitno Dedi Budi Purwanto Dewanto Yusuf Priyambodo Endra Wijaya Febriana, Sri Awalia Fuadiyah Nila Kurniasari Geraldine Nadita Putri Kinasih Hamid , Adnan Hari Kusnanto Josef Hendro Widagdo Heru Subekti Hidayati, Ria Nuril IBG. Surya Putra Pidada Ika Ambar Trisnawati Irwansyah Irwansyah Khadijah Khadijah Koeswardani, Millani Amastasia Korwa, Henderjetac Carolina Lia Agustina, Lia Lily Pudjiastuti, Lily Marsetyawan HNE Soesatyo Martiana Suciningtyas Maslihati Nur Hidayati Maya Esther Wullur Moningka Niniek Fajar Puspita, Niniek Fajar Nur Arfian, Nur Nur Hidayati, Maslihati Nurbayanti, RR Duni Nurhadi, Dedi Pamungkas, Ery Panday, Arti Pramudji Hastuti Pratiwi, Roesmiyanti Putri, Anindya Monika Qaimamunazalla, Hayu Rahmani, Noor Siti Rahmani, Noor Siti Rahmat Rahmat Ramsi, Rahmat Muzakky Rangsimanop, Pattharawadee Rangsimanop, Phattharawadee Ratna Dwi Restuti Reda Manthovani Retno Pangastuti Ria Nuril Hidayati Rina Aprianti Rizal Yara, Muhammad Ismu Rohmah, Nur Azizatur Roto Roto RR Utji Sri Wulan Wuryandari Samosir, Tetti Setiawan, Raden Nanda Silvana, Nina Silverius Y. Soeharso Sofia Mubarika Sofia Mubarika Haryana Sonyendah Retnaningsih, Sonyendah Sri Sutarni Suasoongnern, Sineenart Subri, Anderson Sujatmiko Sujatmiko Sutena, Marthinus Tarsono, Edi Teepapal , Tanawat Trihandoko, Feri Tunika, Puriwati Tunika, Puriwati Valentina NFK Vena Jaladara Vena Jaladara Wahyu, Andi Wardani, Putri Kusuma Warlinda Eka Triastuti Wenceslaus, Wenceslaus Wijaya, Muhammad Harry Yudha Nurhantari Zaitun Abdullah Zuchrillah, Daril Ridho Zulpadli, Barus