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INDONESIA
JURNAL MERCATORIA
Published by Universitas Medan Area
ISSN : 19798652     EISSN : -     DOI : -
Core Subject : Education, Social,
Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice
Mercatoria is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law. All papers are peer-reviewed by at least two referees. Published twice a year (June and December) and first published for print edition in June 2008.
Arjuna Subject : -
Articles 405 Documents
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Criminal Liability for PT (Corporation) Causeing the Exceeding of Environmental Standard According Law No 32/2009 on Environmental Protection and Management Aulia Pratiwi, Syahfitri; Syahrin, Alvi; Rizky, Fajar Khaify
JURNAL MERCATORIA Vol. 18 No. 2 (2025): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i2.16568

Abstract

This study aims to analyze legal regulations, forms of criminal liability, and legal considerations of judges regarding business entities that commit environmental pollution exceeding the established quality standards. A good and healthy environment is a fundamental right of every citizen as guaranteed in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia and further regulated in Law Number 32 of 2009 concerning Environmental Protection and Management. However, in practice, environmental pollution by business entities still frequently occurs, thus giving rise to legal issues related to the effectiveness of enforcing corporate criminal liability. This study uses a normative juridical research method with a descriptive analytical nature, a statutory regulatory approach, and case studies. Research data were obtained through literature studies covering relevant laws and regulations, legal documents, books, dictionaries, mass media, and internet sources, then analyzed qualitatively. The results of the study indicate that: (1) legal regulations related to violations of environmental quality standards normatively reflect the values ​​of justice, legal certainty, and legal benefits, but the effectiveness of their implementation still depends on coordination between law enforcement agencies; (2) the criminal liability of business entities is based on the provisions of Article 116 of Law Number 32 of 2009 which allows for the prosecution of legal entities and/or their managers; and (3) the legal considerations of judges in decisions regarding the criminal liability of business entities are based on the application of positive law while still paying attention to the values ​​of justice, benefit and legal certainty.
Implementation of Protection for Non-Organised Orphans by The Mosque Prosperity Agency (Study on BKM Nurul Hidayah and BKM Silaturrahim) Purba, Nelvitia; Annisa, Isdy
JURNAL MERCATORIA Vol. 18 No. 2 (2025): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i2.16596

Abstract

This article aims to determine the implementation of child protection laws in protecting non-orphanage orphans based on Law No. 35 of 2014. The problem focuses on the implementation by the Nurul Hidayah Mosque welfare agency and BKM Silaturrahim, obstacles and efforts to overcome obstacles in providing protection for orphans. To approach the problem, the theory of legal protection is used. Secondary data is obtained from secondary legal materials in the form of books, laws and regulations and primary data obtained directly from the field through interviews and analyzed qualitatively. This study concludes that the implementation of protection for non-orphanage orphans by BKM in practice is community-oriented. Considering that non-orphanage orphans live in the community (not in official orphanage institutions), the strategy taken is more focused on social support, economic assistance, and protection initiated by the local community. BKM Silaturrahim in practice have implemented basic child care in the form of cash and school supplies. Meanwhile, for Social and Psychological Protection in BKM Silaturrahum, it is already visible with the existence of a Madrasah for these children.
Accountability of Corruption Perpetrators Who Have Returned Money from Corruption Funds (Case Study of Case No. 49/Pid.Sus TPK/2021/PN Mdn) Viranti, Syahliza; Mulyadi, Mahmud; Sutiarnoto, Sutiarnoto
JURNAL MERCATORIA Vol. 18 No. 2 (2025): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i2.16601

Abstract

This study aims to analyze the criminal responsibility of perpetrators of corruption who have returned state financial losses. Criminal responsibility in corruption crimes is regulated in Article 2 paragraph (1) and Article 3 of Law Number 31 of 1999 concerning the Eradication of Corruption. This study examines a corruption case with defendant Petrus Sabungan Hiras Fredy Aritonang Radjagukguk who was charged with committing a corruption crime with a state loss of Rp5,900,000,000, as decided in Decision Number 49/Pid.Sus-TPK/2021/PN Medan. In this case, the panel of judges at the first instance acquitted the defendant, even though the public prosecutor had filed a cassation appeal which was later rejected through Decision Number 2767 K/Pid.Sus/2022. The research method used is normative legal research with a statutory approach and case studies, which are sourced from primary and secondary legal materials through literature studies. This research is descriptive with qualitative data analysis. The results of the study indicate that the restitution of state financial losses does not eliminate the criminal liability of the perpetrator of corruption, but can only be used as a mitigating factor for the sentence, as stipulated in Article 4 of Law Number 31 of 1999. The court's decision in the a quo case is deemed not to fully reflect the spirit and objectives of eradicating corruption, because the judge's considerations have not optimally assessed the defendant's position, authority, and responsibility in the process of committing the unlawful act.
The Relevance of The Principle of No Criminal Punishment Without Fault (Geen Straf Zonder Schuld) in Corporate Criminal Liability in Indonesia Kurdi, Kurdi; Ardhan, Adery; Dadek, Teuku Ahmad
JURNAL MERCATORIA Vol. 18 No. 2 (2025): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i2.16610

Abstract

The principle of Geen Straf Zonder Schuld faces a paradox when applied to corporations, which, as a legal fiction, have no mens rea. However, the profound impact of corporate crime demands an effective mechanism for criminal accountability. This normative juridical research examines the relevance of the principle of Guilt in Indonesian corporate criminal Law through legislative, conceptual, and case-based approaches. The first findings show that, before the New Criminal Code, the application of the principle of Guilt was pragmatic through the Theory of Identification, which attributed the corporation's mens rea to the management or directing mind. This approach is supported by PERMA No. 13 of 2016 and is evident in decisions such as PT GJW and PT CND. The second finding shows the evolution of the doctrine in two directions: (a) the exclusion of the principle of culld through strict Liability in various lex specialis, especially the Law on Environmental Protection and Management; and (b) the transformation of the meaning of debt through the Corporate Culture Model, which views blame as the failure of the system or organizational culture to prevent crime. The culmination is the codification of the Corporate Culture Model in the New Criminal Code (Law No. 1 of 2023), which marks a shift from treating mistakes as lending errors to treating them as authentic corporate mistakes.
Cyberstalking Crime in The Perspective of Islamic Criminal Law Inaya, Ardina Nur; Yazid, Imam
JURNAL MERCATORIA Vol. 18 No. 2 (2025): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i2.16652

Abstract

This article aims to analyze the adequacy of cyberstalking regulation within Indonesian criminal law and to examine it from the perspective of Islamic criminal law. The study focuses on the absence of a specific cyberstalking offense in Indonesian criminal legislation and on how Islamic law positions such conduct within the framework of jarimah ta‘zīr. The research employs a normative juridical method using statutory, conceptual, and comparative approaches. The findings indicate that Indonesian criminal law still relies on the provisions of the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and the Sexual Violence Crime Law (UU TPKS), all of which do not fully capture the digital, repetitive, and multidimensional nature of cyberstalking. From the perspective of Islamic criminal law, cyberstalking is classified as a jarimah ta‘zīr because it violates the principles of ḥifẓ al-nafs and ḥifẓ al-ʿird, thereby leaving the determination of sanctions to judicial ijtihād based on public interest. This study underscores the urgency of regulatory reform to formulate a clearer and more integrative cyberstalking offense that aligns with victim protection principles in accordance with maqāṣid al-sharīʿah.
The Struggle between the Principle of Benefits and the Principle of Justice in Capital Gains Taxation Krisman Gulo, Karunia; Isnaini, Isnaini
JURNAL MERCATORIA Vol. 18 No. 2 (2025): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i2.16692

Abstract

This article concerns Indonesian taxation of capital gains and the conflict between the benefits principle and the justice principle. It has been revealed that the Indonesian tax system is a mix of policies. However, the benefit principle is the leader in taxing capital gains in the capital market (for instance, there is a final rate of only 0.1% imposed on shares of the Stock Exchange). The policy is done to give a push to investment and make the tax administration more efficient. On the other hand, the justice principle is more potent in off-exchange transactions, where progressive rates are applied. The problem is focused on the point of view of efficiency; the pro-benefit policy is a significant source of distortions in the allocation of resources; from the point of view of distribution, the policy is regarded as unfair because it encumbers the labor income more than capital income, thus possibly causing economic inequalities and infringing on the principles of horizontal and vertical justice. In order to approach this problem, a theoretical reference is used. The data is collected through doctrinal legal research and observation. Those data were then analyzed qualitatively. This study concluded that to achieve a better balance than the current one, the researchers have suggested several measures, including adjusting the final share rate, treating short-term and long-term capital gains differently, establishing an inflation adjustment mechanism, and strengthening tax data integration.
Disparity Evaluation Loss State Finance in Decision Court Action Criminal Corruption: A Study of Consistency and Rationality Juridical Ronald Hasudungan Sianturi
JURNAL MERCATORIA Vol. 19 No. 1 (2026): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v19i1.17461

Abstract

This study examines the disparity in the evaluation of state financial losses in corruption court decisions in Indonesia, with a particular focus on juridical consistency and rationality in judicial application. The phenomenon of disparity in judges’ decisions in determining the amount of state financial losses has become a serious issue related to legal certainty, justice, and the effectiveness of criminal law enforcement in corruption cases. This research employs a normative juridical method with comparative case, conceptual, and statutory approaches. The analysis was conducted on a number of corruption court decisions at various judicial levels, ranging from the District Court, High Court, to the Supreme Court. The results of the study indicate that disparities in the assessment of state financial losses arise from three main factors, namely the non-uniformity of audit methodologies among state financial auditing institutions, the absence of measurable and structured standards of proof regarding the components of state losses, and inconsistencies in the acceptance and consideration of expert testimony in court proceedings. Therefore, this research recommends the formulation of judicial guidelines and the unification of standard methodologies for the quantification of state financial losses as instruments to strengthen juridical consistency, judicial accountability, and fairness in corruption adjudication in Indonesia.
Quantification of State Financial Losses in Action Criminal Corruption: Approach Economic Analysis of Law and Its Implications for Effectiveness Criminalization Ahmad Ferry Tanjung
JURNAL MERCATORIA Vol. 19 No. 1 (2026): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v19i1.17471

Abstract

Study This aim analyze quantification loss state finances in action criminal corruption with use approach analysis economy to law (economic analysis of law). The fundamental problems that often arise appear in practice enforcement law corruption is non-uniformity methodology calculation state losses by audit institutions such as the Audit Board Finance (BPK) and the Audit Board Finance and Development (BPKP), as well as the implications to proportionality criminalization. Research This use method juridical normative with approach conceptual, regulatory legislation, and studies case decision court. Research results show that approach analysis economy to law can become instrument effective in standardize method quantification state losses, so that criminalization can done in a way proportional and recovery - oriented loss (asset recovery). Research This recommend integration principles economy in policy law criminal corruption in order to achieve effect optimal deterrence without sacrifice certainty law and justice substantive.
Criminal Acts Based on Self-Defense and Forgiveness Suwinto Johan; Sugiarto
JURNAL MERCATORIA Vol. 19 No. 1 (2026): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v19i1.17501

Abstract

This study examines homicide committed in self-defense. In some cases, victims are treated as offenders after resisting an attack. Establishing self-defense is often difficult due to limited access to evidence and witnesses. The study adopts a normative legal approach supported by primary and secondary sources. The findings indicate that such acts arise from efforts to protect property and other legal interests. In certain cases, the victim uses or seizes a weapon during the incident, leading to harm against the initial aggressor. When sufficient evidence and witness testimony are available, the act may be excused. The study concludes that acts committed in self-defense may be legally justified or excused if supported by credible evidence and testimony.  the criminal act of murder can be forgiven if there is a prior criminal act such as theft or rape.
Legal Analysis of The Supreme Court Decision Number 5296 K/Pdt/2024 Concerning Customary Land Disputes Between Families Sara Delima Putri Siagian; Widodo Ramadhana
JURNAL MERCATORIA Vol. 19 No. 1 (2026): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v19i1.17622

Abstract

This study aims to analyze the juridical construction applied in Supreme Court Decision Number 5296 K/Pdt/2024, examine its implications for the protection of customary inheritance rights, and assess the extent to which the decision reflects the principles of justice, legal certainty, and expediency. The research employs a normative juridical method with statutory and case approaches, analyzed descriptively and analytically through primary, secondary, and tertiary legal materials. The results indicate that the Supreme Court tends to emphasize formal evidentiary aspects and physical control over land as the primary basis for determining rights. Consequently, the juridical construction applied is more oriented toward positive civil law rather than customary law, which is genealogical and communal in nature. The implication of this decision is the weakening of the protection of customary inheritance rights, as ownership claims based on kinship are not adequately recognized without physical possession or formal administrative evidence. This condition contributes to a paradigm shift from communal ownership toward the individualization of land rights. Furthermore, from the perspective of the three fundamental legal values, the decision reflects legal certainty to a certain extent but falls short in achieving substantive justice and expediency. Legal certainty is attained through clear evidentiary standards; however, justice for customary heirs is overlooked, potentially leading to long-term social consequences, including the erosion of customary law. Therefore, this study underscores the need for a more proportional integration between customary law and positive law in judicial practice to produce decisions that are not only legally certain but also just and beneficial for societ.

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