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Asri Cahyadi
Universitas Islam Syekh-Yusuf Tangerang
Education Languange, Linguistic, Communication & Media Library & Information Science Social Sciences

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PEMBUKTIAN UNSUR PERENCANAAN DALAM TINDAK PIDANA PEMBUNUHAN BERENCANA REKONSTRUKSI TEORI DOLUS DAN TINDAK LANJUT IMPLEMENTASI KUHP BARU Ahiruddin; Siti Humulhaer; Anharyanto; Firmansyah Mahmud; Asri Cahyadi; Oke Wiredarme
Berajah Journal Vol. 6 No. 1 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i1.152

Abstract

This study analyzes the problems of proving the element of premeditation (voorbedachte raad) in the crime of premeditated murder under Article 340 of the Indonesian Criminal Code and Article 459 of Law Number 1 of 2023 concerning the New Criminal Code. The analysis is conducted from the perspective of the theory of intent (dolus) and criminal evidence. The focus of the study lies in the complexity of proving the three requirements of premeditation: (1) the formation of intent in a calm and reflective state, (2) the availability of sufficient time for deliberation, and (3) the execution of the act in a composed state. The research also examines the implications of the enactment of Law Number 1 of 2023 on the formulation and interpretation of premeditated murder. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that proving the element of premeditation presents significant epistemological challenges due to its subjective and internal nature. As a result, judges often encounter difficulties in determining whether an adequate “period of reflection” existed prior to the commission of the crime. The New Criminal Code retains the fundamental structure of premeditated murder but removes the phrase “intentionally” in the formulation of Article 459, implying that the element of premeditation inherently encompasses intent. This study recommends the development of an expanded theory of dolus informed by criminal neuroscience, as well as the broader use of electronic evidence to demonstrate the existence of premeditation. Furthermore, it highlights the importance of clear evidentiary guidelines within the jurisprudence of the Supreme Court to reduce inconsistencies and disparities in judicial decisions.
HUBUNGAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS DENGAN PERAN PERUSAHAAN DALAM PELAYANAN MASYARAKAT Supendi; Pandri Zulfikar; Asri Cahyadi
Berajah Journal Vol. 6 No. 4 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i4.320

Abstract

Law Number 40 of 2007 concerning Limited Liability Companies (LLC Law) serves as the fundamental legal framework governing the existence and operations of limited liability companies in Indonesia. Among various provisions regulated in the LLC Law, Article 74 concerning Social and Environmental Responsibility (TJSL) or Corporate Social Responsibility (CSR) represents a significant legal instrument in encouraging companies to play an active role in community service. This research aims to analyze the legal relationship between the provisions of the LLC Law and the role of companies in community service, examine the juridical implications of TJSL obligations, and evaluate the effectiveness of implementing these provisions in practice. The research method used is normative legal research with statutory, conceptual, and comparative approaches. The results indicate that the LLC Law has provided a strong legal basis for companies to carry out community service through TJSL, but there are normative inconsistencies between the mandatory nature of TJSL obligations in Article 74 paragraph (1) and the voluntary commitment definition of CSR in Article 1 number 3. Furthermore, the weakness of sanctions not specifically regulated in the LLC Law reduces the effectiveness of law enforcement against companies that fail to fulfill their obligations. This study recommends the need for harmonization of LLC Law provisions with their implementing regulations to strengthen the role of companies in community service.
EVALUASI KEBIJAKAN ALOKASI DANA DESA DALAM PERSPEKTIF EFEKTIVITAS FISKAL, KEADILAN DISTRIBUTIF, DAN AKUNTABILITAS HUKUM Asri Cahyadi; Mustofa Kamil
Berajah Journal Vol. 7 No. 1 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v7i1.711

Abstract

Village fiscal policy is a key instrument in strengthening village autonomy, expanding public services, reducing poverty and accelerating equitable development. However, the size of fiscal transfers to villages does not in itself guarantee that such allocations will yield optimal public benefits. This article aims to evaluate the Village Fund allocation policy by using three main dimensions as benchmarks: fiscal effectiveness, distributive justice, and legal accountability. The research employs a normative legal methodology, utilising a legislative approach, a conceptual approach, a policy approach, and a case study approach through a review of previous empirical research. The analysis examines the legal framework governing villages, changes introduced by Law No. 3 of 2024, Government Regulation No. 16 of 2026, Minister of Finance Regulation No. 7 of 2026, and the policy on the prioritised use of the Village Fund for 2026. The research findings indicate that the Village Fund policy has contributed to rural development and poverty reduction; however, the design of its allocation and the measurement of its success still face challenges: an expenditure orientation that places too much emphasis on administrative compliance, variations in the capacity of village governments, disparities in needs between villages, and the sub-optimal relationship between budget allocation and outcome indicators. Policy evaluation needs to shift from an absorption-based approach to one based on outcomes, risk, objective needs and the quality of public services. This article recommends strengthening a needs-based allocation formula, integrating data on poverty and regional characteristics, implementing risk-based oversight, ensuring digital transparency, and establishing performance indicators that link village expenditure to improvements in community welfare.
Co-Authors Ahiruddin Anharyanto Firmansyah Mahmud Mustofa Kamil Oke Wiredarme Pandri Zulfikar Siti Humulhaer Supendi