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Geofani Lingga Meryadinata
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The Compensation for Victims of Wrongful Shooting through Pretrial and Alternative Solutions in Indonesia Shihaf Ismi Salman Najib; Geofani Lingga Meryadinata
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4265

Abstract

This study aims to analyze the mechanism for filing and providing compensation for victims of wrongful shootings in pretrial according to criminal procedure law in Indonesia and explore alternative solutions for victims who do not get the proper compensation. The study method used is normative juridical, emphasizing a prescriptive nature because it solves society's legal problems. It is based on literature studies on primary legal materials such as laws, regulations, and court decisions and secondary legal materials such as journals and legal literature. The novelty of the study lies in the discussion of compensation mechanisms for victims of wrongful shootings and alternative solutions that have not been the primary focus in previous studies. This study explored the effectiveness of pretrial procedures as a solution for victims of wrongful shootings by law enforcement officers, as well as analyzed existing legal mechanisms to identify and propose improvements to prevent similar incidents in the future. The results show that victims of misfire can be compensated through the pretrial petition mechanism stipulated in KUHAP, Government Regulation No. 92/2015, and Ministry of Finance Decree No. 983/KMK.01/1983. However, the existing provisions still restrict the amount of compensation, which is often disproportionate to the victim's losses. Thus, alternative solutions that can be pursued include: (1) non-litigation settlement of cases through negotiation or mediation, (2) taking the criminal route by filing a lawsuit for deprivation of liberty and requesting compensation, and (3) filing a civil lawsuit based on unlawful acts (tort lawsuit). This study concludes that the government needs to revise Government Regulation No. 92/2015 by removing the minimum and maximum compensation limits. The amount of compensation should be determined by the District Court Judge, considering the level of loss suffered by the victim. Thus, justice for victims of wrongful shootings can be realized more optimally.
Choice of Law in International Contracts Based on the Hague Principles 2015: Indonesian Positive Law Perspective Geofani Lingga Meryadinata; Shihaf Ismi Salman Najib; Ahmad Bastomi
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4317

Abstract

The study aims to examine the principle of choice of law in The Hague Principles 2015, assess the application of choice of law and forum clauses in international contract disputes, and evaluate the relevance and obstacles to its application in Indonesian law to encourage harmonization and legal certainty in cross-border transactions. This research method used a normative legal approach through a literature study with three approaches: statute, case, and comparative. The focus is on applying The Hague Principles 2015 on the choice of law in international contracts and its relevance to Indonesian positive law to strengthen legal certainty and the parties' autonomy. The Novelty this study lies in the study of the potential adoption of THP 2015 in the Indonesian legal system, which until now has not officially recognized these principles. In addition, this study discusses the challenges of implementing legal options and forum options in national law and analyzes real cases of international contract disputes. The study results show that the principle of choice of law in The Hague Principles 2015 upholds the parties' autonomy. However, Indonesian law has not optimally accommodated this principle, causing uncertainty in applying choice of law and forum clauses in international contracts involving national jurisdictions. The conclusions of the Hague Principles 2015 affirm party autonomy in international contracts, allowing freedom to choose the applicable law. Though non-binding, they influence legal interpretation globally. Integration into Indonesia's legal system is recommended to enhance legal certainty, support cross-border trade, and guide judges, practitioners, and scholars in resolving international contract disputes.