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All Journal Jurnal Pranata Hukum Ius Civile: Refleksi Penegakan Hukum dan Keadilan Media Hukum Indonesia (MHI)
Bangun, Anza Ronaza
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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THE BINDING POWER OF ELECTRONIC SIGNATURES IN CIVIL AGREEMENTS: A COMPARATIVE STUDY OF THE CIVIL CODE AND ELECTRONIC INFORMATION AND TRANSACTIONS LAW Dahlan, Dahlan; Bangun, Anza Ronaza; Prakarsa, Taruna
PRANATA HUKUM Vol. 20 No. 2 (2025): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v20i2.408

Abstract

Advances in information technology have brought significant changes in the way people draft and agree to agreements, including through the use of electronic signatures. In the legal context in Indonesia, the existence of electronic signatures has been given legitimacy through the Electronic Information and Transactions Law (UU ITE). However, on the other hand, the conventional civil law system is still based on traditional principles regulated in the Civil Code (KUHPerdata). This study aims to examine the extent of the binding force of electronic signatures in the realm of civil agreements, while at the same time comparing the approach of the Civil Code and the provisions of the ITE Law. The research was conducted using a normative legal method, through a review of laws and comparative legal analysis. The results of the study show that although normatively the ITE Law has provided a legal standing for electronic signatures, the Civil Code has not fully adapted to the dynamics of digital law. This inequality can raise doubts in practice, especially in terms of proof and validity of contracts. For this reason, steps are needed to harmonize classical civil regulations and digital laws and regulations in order to provide legal certainty for the parties in agreements made electronically.
PEMAAFAN HAKIM (RECHTERLIJK PARDON) DALAM KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP) BARU DI SISTEM PEMIDANAAN INDONESIA Bangun, Anza Ronaza
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i2.13035

Abstract

Judicial Pardon (Rechterlijke Pardon) refers to the authority granted to judges to forgive a person who is guilty of committing a minor criminal offense before a verdict is rendered. This research aims to explore in greater depth the regulatory system of Judicial Pardon (Rechterlijk Pardon) in Indonesia’s Criminal Code (KUHP), compare it with similar provisions in other countries, examine the urgency of incorporating Judicial Pardon (Rechterlijk Pardon) into the new Criminal Code (KUHP), and identify the types of criminal offenses that may be resolved through Judicial Pardon. The method used in this study is a normative juridical research method with a descriptive-analytical character. Theories employed include the theory of comparative law, the theory of judicial pardon, and the theory of law enforcement. The research uses secondary data, which includes primary legal materials, secondary legal materials, and tertiary legal materials. The techniques and tools for data collection include library research, involving the study of various literature sources such as books, legislation, and course materials related to law, as well as documentary research. The data in this research is analyzed using qualitative data analysis methods. The findings of the study reveal thatJudicial Pardon (Rechterlijk Pardon)has been included in Article 54 paragraph (2) of Law Number 1 of 2023 concerning the National Criminal Code (KUHP). The regulation of Judicial Pardon (Rechterlijk Pardon) in Indonesia, compared to that in several European countries such as Greece, Portugal, and the Netherlands, demonstrates that each country’s legal framework has its own strengths and weaknesses regarding the concept and implementation of Judicial Pardon (Rechterlijk Pardon).
Analisis Yuridis Terhadap Pertanggungjawaban Pidana Pada Kasus Korupsi Proyek Studio LPP TVRI Kepulauan Riau Pratiwi, Kekeh Intan; Bangun, Anza Ronaza
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17898660

Abstract

This study examines criminal liability in the corruption case of the LPP TVRI Riau Islands Studio Development Project, which involved three defendants with sentences ranging from 1.6 to 6 years in prison. This case is an important representation in understanding how law enforcement officers apply the elements of criminal acts of corruption as stipulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001. The focus of the research is directed at the legal construction related to proving the elements of enriching oneself or others, the existence of unlawful acts, and the occurrence of state losses based on the calculations of state auditors. Through a normative legal approach by examining court decisions, related regulations, and academic literature, this study found that the judge considered the role of each defendant, from planning, budgeting, to project implementation. Criminal liability was established based on the level of involvement, intent, and abuse of authority proven during the trial process. In addition, the decision demonstrates the consistent application of the mens rea and actus reus doctrines in criminal law on corruption, while also reflecting preventive efforts to strengthen the governance of public broadcasting institutions. The research findings indicate that criminal liability is determined not only by position but also by active contribution to the occurrence of state losses. This research emphasizes the importance of improving the internal oversight system of broadcasting institutions to prevent similar corrupt practices. Therefore, this legal analysis provides a comprehensive overview of the application of law in regional corruption cases and its relevance to national law enforcement.
Manipulasi Data Kredit Usaha Rakyat sebagai Modus Korupsi: Studi Kasus Kejati Sumatera Selatan di Muara Enim Khairatunnisa, Wahyu; Bangun, Anza Ronaza
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17899092

Abstract

This study examines the practice of data manipulation in the distribution of People's Business Credit (KUR) as a mode of corruption, using a case study of the handling by the South Sumatra High Prosecutor's Office in Muara Enim. The KUR, designed as a financing facility to support the empowerment of micro, small, and medium enterprises, is in practice vulnerable to misuse through debtor data manipulation, identity duplication, and the inclusion of fictitious customers. This method results in misdirected financing, incurring state financial losses, and undermining the primary objective of the KUR program as a driver of economic equality. This study uses a normative juridical approach combined with case studies, examining regulations related to KUR financing, corruption regulations, and investigative documents from the South Sumatra High Prosecutor's Office. The results indicate that KUR data manipulation was carried out through collaboration between unscrupulous bank officials and certain parties who exploited weaknesses in the debtor verification system. Deviations occurred from the administrative process, through eligibility assessment, to fund disbursement. These findings demonstrate that the internal oversight system of banking institutions is not yet functioning optimally, while the government's control mechanism for KUR distribution still has gaps. Furthermore, the Muara Enim case demonstrates that corruption in the distribution of People's Business Credit (KUR) not only results in state losses but also hinders the growth of the MSMEs that are supposed to be the beneficiaries..
Co-Authors Dahlan Dahlan Khairatunnisa, Wahyu Pratiwi, Kekeh Intan Taruna Prakarsa