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Amanda Bherlyana Putri
Universitas Sumatera Barat
Law, Crime, Criminology & Criminal Justice

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Kedudukan Perkara Perdata Sebagai Prajudisial Dalam Proses Pidana: Analisis Terhadap Putusan Mahkamah Agung Amanda Bherlyana Putri; Gokma Toni Parlindungan S
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.425

Abstract

The relationship between civil cases and criminal cases is often problematic in judicial practice in Indonesia, especially when a criminal case is rooted in a civil conflict such as a dispute over ownership or agreement. In this context, questions arise regarding the position of civil cases as prejudicial, namely to what extent a civil case must be resolved first before a criminal case can be examined. This article aims to analyze the position of civil cases as prejudicial in the criminal process through a normative legal study with a statutory approach and case studies of Supreme Court decisions. The results of the study show that the Supreme Court in several of its decisions recognizes the existence of civil cases as a prejudicial basis that can postpone the criminal process, as long as the main criminal case is closely related to the determination of civil rights that are still in dispute. However, not all civil cases can immediately be used as a reason to suspend the criminal process. Therefore, a careful assessment by law enforcement officers of the substance of the case is needed to ensure legal certainty and protection of the rights of the parties in the judicial process.
Konsistensi Politik Hukum Dalam Pembentukan Undang-Undang Pasca Reformasi Rohma Sari; Gokma Toni Parlindungan S; Amanda Bherlyana Putri; Suci Nurjannah Yuansyah; Nabilla Amanda Putri
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.426

Abstract

Post-1998 Reformation, the Indonesian state system experienced a fundamental shift, including in the aspect of legal politics. The laws that were formed should reflect the direction of legal politics that are consistent with the ideals of reform, namely law enforcement, democracy, and protection of human rights. However, in practice, many legislative products show inconsistencies between normative goals and practical-political interests. This study aims to analyze the extent of the consistency of Indonesian legal politics in the formation of laws after the reformation. By using a normative and evaluative approach to several strategic laws after the reformation, it was found that intervention of power, weak public participation, and inconsistency of legislative principles are the main challenges. This study recommends strengthening legislative planning based on the legal needs of the community and improving national legislative governance.
Perlindungan Hukum terhadap Pengguna Jasa Pinjaman Online dalam Perspketif Hukum Perjanjian Pinjam Meminjam Sistri Wahyuni; Yofiza Media; Harniwati Harniwati; Amanda Bherlyana Putri
Journal of Global Legal Review Vol. 3 No. 2 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i2.578

Abstract

This study aims to determine the Legal Protection for Online Loan Service Users in the Legal Perspective of Lending Agreements. This study uses a normative juridical analysis method by reviewing related laws and regulations and relevant legal literature. The results of the study indicate that in the (P2P) Lending scheme, the legal relationship occurs between the Lender and the Organizer, and between the Lender and the Borrower. The Lender authorizes the Organizer to distribute funds, while the main relationship is a loan agreement between the Lender and the Borrower. The legal relationship between the lender and the borrower is a loan agreement (debt) as regulated in Article 1754 of the Civil Code. The Lender acts as a creditor, and the Borrower acts as a debtor. Legal protection is needed to provide legal certainty for the Lender, especially in cases of default. Legal protection can be carried out preventively (before a dispute) by implementing basic principles of the organizer such as transparency, fair treatment, reliability, data confidentiality, and simple, fast, and affordable dispute resolution. Legal protection can also be provided repressively (after a dispute) through complaints and compensation if there is evidence of error or negligence by the provider. The Financial Services Authority (OJK) plays a crucial role in regulating and overseeing fintech P2P lending activities to protect the interests of lenders.
Co-Authors Gokma Toni Parlindungan Harniwati Harniwati Nabilla Amanda Putri Rohma Sari Sistri Wahyuni Suci Nurjannah Yuansyah Yofiza Media