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PENGATURAN DAN EFEKTIVITAS SANKSI PIDANA KORUPSI DALAM HUKUM POSITIF SERTA REFORMULASINYA DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA DI INDONESIA Imam Fathwa; Siti Humulhaer; Bayu Triwibowo; Tri Susanto; Ratu Chumairoh Noor
Berajah Journal Vol. 5 No. 12 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v5i12.63

Abstract

Corruption is one of the crimes that has serious impacts on the life of the nation and the state, as it causes state financial losses and hampers national development. Therefore, Indonesian positive law strictly regulates criminal sanctions against perpetrators of corruption through Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Law Number 20 of 2001. This study aims to analyze the regulation of criminal sanctions for corruption in Indonesian positive law, evaluate the effectiveness of their implementation in judicial practice, and examine the reformulation of sentencing policies from the perspective of criminal law reform. The research method used in this study is normative legal research employing statutory and conceptual approaches. The results of the study indicate that the regulation of criminal sanctions for corruption in Indonesian positive law includes principal penalties in the form of imprisonment and fines, as well as additional penalties such as payment of compensation for state losses, asset confiscation, and revocation of certain rights. However, in practice, the implementation of these sanctions still faces several obstacles, including sentencing disparities and the suboptimal recovery of state financial losses. Therefore, it is necessary to reformulate criminal sanction policies for corruption through strengthening asset recovery mechanisms and establishing sentencing guidelines in order to realize a criminal justice system that is more effective, fair, and capable of creating a deterrent effect for perpetrators of corruption crimes.
PERTANGGUNGJAWABAN HUKUM DALAM TRANSAKSI CROSS-BORDER E-COMMERCE STUDI KASUS SENGKETA KONSUMEN INTERNASIONAL Imam Fathwa; Annie Myranika; Tri Susanto; Ratu Chumairoh Noor; Bayu Triwibowo
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.269

Abstract

The development of information and communication technology has transformed the global trade landscape through the emergence of cross-border e-commerce. Cross-border electronic transactions provide convenience for consumers in accessing international products, but simultaneously create significant legal complexities, particularly regarding legal liability and consumer dispute resolution. This study analyzes international and national legal frameworks governing liability in cross-border e-commerce transactions, with specific focus on case studies of international consumer disputes. Using normative legal research methods with a comparative approach, this research examines international conventions, EU regulations, ASEAN frameworks, and Indonesian legislation. The results indicate complex jurisdictional challenges in determining applicable law and competent forums, exacerbated by information asymmetry and negotiation power gaps between consumers and businesses. This study recommends regional legal harmonization through effective Online Dispute Resolution (ODR) mechanisms and strengthening consumer protection based on consumer-priority jurisdiction principles to create legal certainty in cross-border e-commerce transactions.