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Fox Justi : Jurnal Ilmu Hukum
Published by SEAN INSTITUTE
ISSN : 20871635     EISSN : 28084314     DOI : -
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The Fox Justi : Jurnal Ilmu Hukum a scientific LEGAL BRIEF which includes scholarly writings on pure research and applied research in the field of Law as well as a review-general review of the development of the theory, methods, and related applied sciences. Legal Theory Law of E-Commerce Legal and Deductive Reasoning International Law Constitutional Law Law of Contract Administrative Law International Legal Environment Money Loundry Analysis of contemporary environment of business law Civil and Criminal Procedures Business Law and International Trade Alternative Dispute Resolution Real Estate Law Criminal Law Immigrant and Tourism Law The Concepts of Tort and Strict Liability Ethics and Diversity Common Law Contract Theory Leadership and Business Ethics Corporate Culture and Business Ethics Organizational Ethics Agency Law Social Responsibility and Business Ethics Employment Law Business Ethics Evaluations and Intentions Law for Business Structures Codes of Ethics and Compliance Standards Ethical Conflict Organizational Structure and Business Ethics Corporate Culture and Business Ethics The Ethical Compliance Audit Organizational Structure and Business Ethics Significant others and Ethical Behavior in Business
Arjuna Subject : Umum - Umum
Articles 235 Documents
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Transparency and Conflict Resolution of Music Royalties in Indonesia: An Analysis of the Effectiveness of the National Collective Management Organization (LMKN) and Non-Litigation Mechanisms after Government Regulation No. 56 of 2021 Wijayanti, Elina Adi; Setiawati, Liana
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

The protection of songwriters’ economic rights in Indonesia faces significant challenges, particularly with respect to royalty payments in commercial public spaces and digital platforms. The main regulatory frameworks, Law No. 28 of 2014 on Copyright and Government Regulation No. 56 of 2021, aim to establish a “one-stop system” through the National Collective Management Organization (LMKN). Nevertheless, royalty disputes continue to occur, indicating gaps in transparency and dispute resolution mechanisms, as reflected in conflicts involving concerts and commercial venues. This study aims to (1) analyze the challenges and opportunities in implementing the principles of transparency and accountability within LMKN, particularly in relation to the Song and Music Information System (SILM), and (2) evaluate the effectiveness of non-litigation mechanisms (mediation and arbitration) as primary solutions for resolving music royalty disputes compared to litigation. This research adopts a normative-juridical legal method, employing a statute approach, conceptual approach, and case approach. Primary legal materials (Copyright Law and Government Regulation No. 56 of 2021) and secondary legal materials (literature, academic journals, and court decisions) are analyzed using a qualitative-descriptive method. The findings indicate that LMKN has not yet achieved full transparency and accountability due to limitations in the comprehensiveness of the SILM database. Mediation emerges as the most efficient dispute resolution mechanism, as litigation tends to be time-consuming and costly. Accordingly, LMKN should take a more proactive role as a mediator. In conclusion, legal certainty in royalty management requires institutional strengthening of LMKN and a cultural shift in dispute resolution from litigation toward non-litigation mechanisms.
Law Enforcement Against Fraudulent Acts Committed in Cyberspace Tamba, Dianto Gunawan; Vitri, Indah Sya; Sembiring, Felix Adrian; Sembiring, Yolanda Anatasya
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

These developments have created new business opportunities that enable individuals to conduct legal transactions involving online sales/e-commerce. However, these developments also have negative aspects/problems that are detrimental to consumers, namely criminal acts of fraud committed by irresponsible parties, particularly sellers, as well as inadequate law enforcement, including problems with evidence. This needs to be discussed because of the problem of evidence, namely electronic data that is easy to falsify, the lack of readiness of law enforcement, and in order to reduce online fraud. The author's suggestion is that there should be stricter law enforcement and evidence from law enforcement officials, and the community should also play a role in reducing the use of the internet that is harmful to society. Cultural factors within a community are also important.
Factors Causing the Occurrence of Embezzlement Crimes in Company Positions Muhammad Nurohim
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
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The purpose of this research is to identify and analyze the factors causing embezzlement in office positions within companies. This type of research is normative with a legislative approach. The data used are secondary data consisting of primary and secondary legal materials. The research specification used is analytical descriptive. The factors causing embezzlement in office positions within companies are multidimensional, such as economic factors, opportunities arising from the position, and the weakness of the company's internal control system, which also contribute to embezzlement in office positions. The factor of abuse of trust also plays a role in the occurrence of embezzlement in office positions. Weak personal morals and integrity are also a contributing factor. The reasons why someone commits embezzlement in a position can include psychological factors, such as work stress, feeling undervalued, or conflicts with management, which can also influence a person's decision to commit embezzlement. A low understanding of the law and lack of awareness of criminal penalties are also causes of embezzlement in positions. Therefore, it is recommended that members of society refrain from doing it, as it harms both themselves and others.
Dispute Resolution of Breach of Contract in Loan Agreements Ridho Syahputra Manurung
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
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The purpose of this study is to understand and analyze the resolution of default disputes in debt agreements. This type of research is normative with a legislative approach. The data used are secondary, consisting of primary and secondary legal materials. The research specification used is analytical descriptive. The resolution of default disputes in debt agreements can be concluded that the dispute resolution mechanism can be pursued through several legal channels, whether non-litigation, litigation, or alternative dispute resolution (ADR). Each channel has characteristics, advantages, and disadvantages that need to be considered accordingly the conditions and interests of the parties. The non-litigation route emphasizes deliberation and mutual agreement, the litigation route provides legal certainty through court decisions, while APS offers a flexible, efficient, and agreement-based solution. Therefore, it is recommended that the parties execute the agreement in good faith so as not to cause a breach of contract the conditions and interests of the parties. The non-litigation route emphasizes deliberation and mutual agreement, the litigation route provides legal certainty through court decisions, while APS offers a flexible, efficient, and agreement-based solution. Therefore, it is recommended that the parties execute the agreement in good faith so as not to cause a breach of contract.
Legal Analysis of the Element of Premeditation in Article 340 of the Criminal Code Regarding Premeditated Murder (Case Study Of Decision Number: 907/PID.B/2020/PN MDN) Widya Anisah; Khomaini, Khomaini; Ramadhany Nasution
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

This study aims to analyze the elements of criminal acts in Article 340 of the Criminal Code (KUHP) concerning premeditated murder proven in the primary indictment against the defendant Zuraida Hanum in the Medan District Court Decision Number: 907/Pid.B/2020/PN Mdn. In addition, this study also aims to determine the motives and factors that caused the defendant to commit premeditated murder. This study uses a normative juridical approach with a descriptive-analytical method, namely by examining secondary data in the form of legislation, legal literature, and related court decisions. Based on the results of the study, it was found that all elements in Article 340 of the Criminal Code, namely the elements of "anyone", "intentionally", "premeditated", and "taking the life of another person" had been fulfilled legally and convincingly. The defendant, together with other perpetrators, was proven to have planned the murder within a certain period of time, which indicates that there was a time interval to think calmly, thus fulfilling the element of planning as referred to in Article 340 of the Criminal Code. In addition, the motive for the murder in this case was closely related to prolonged domestic conflict, jealousy, domestic violence, and deep disappointment with the victim. Psychological and social factors contributed to the defendant's decision to plan and carry out the murder together with others. The judge's decision to impose a life sentence reflects the application of the law that fully considers the elements of premeditated murder and the social impact it has caused. This study is expected to contribute to the enforcement of criminal law, particularly in gaining a deeper understanding of the element of planning in premeditated murder, as well as serving as an academic reference in the development of criminal law in Indonesia.
Enforcement of Law Against Perpetrators of Human Trafficking Crimes (Study of Decision Number 432/PID.SUS/2025/PT MDN) Andalan Cristian Saputra Hia; Yusuf Hanafi Pasaribu; Ramadhany Nasution
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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This study examines the enforcement of criminal law against perpetrators of human trafficking, focusing on Decision Number 432/PID.SUS/2025/PT MDN issued by the Medan High Court. Human trafficking cases in Indonesia remain significant due to economic vulnerability and inadequate legal protection for victims. Using qualitative descriptive-analytical methods and library research, this research analyzes the implementation of Law Number 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking. The findings reveal that while the court has applied punitive sanctions including imprisonment and fines, victim protection remains insufficient, particularly regarding restitution, identity anonymity, and psychosocial rehabilitation. The study concludes that a more holistic, victim-centered approach is necessary, integrating restorative justice principles and inter-institutional collaboration to ensure comprehensive protection for trafficking victims. The results of the research on Decision Number 432/PID.SUS/2025/PT MDN show that although the Medan High Court has implemented legal protection with criminal sanctions and formal legitimization of victims, the protection is still partial and has not fully adopted the restorative paradigm. There is no direct restitution mechanism, the identity of the victim has not been anonymized, and there is no recommendation for psychosocial rehabilitation. To improve victim protection, it is necessary to integrate restitutive
Legal Protection for Victims of Crime with Forced Defense According to Law Number 1 of 2023 of the Criminal Code Puspitarini, Anggraeni; Didik Suhariyanto; Gradios Nyoman Tio Rae
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
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Law enforcement often shows inconsistencies, where victims of crimes who commit forced defense (Noodweer) can actually become suspects or defendants who cause legal uncertainty and a sense of injustice. This study aims to analyze legal protection and legal justice for victims who are also perpetrators of forced defense crimes. This study specifically highlights Decision Number 1225/ Pid.B /2020/PN- Jkt.Sel , where a wife who stabbed her husband in a situation of threat of physical and verbal violence was sentenced to 4 years in prison for alleged persecution that caused death (Article 351 paragraph (3) of the Criminal Code). The Panel of Judges argued that the defendant's actions could not be categorized as forced self-defense. The research method used is normative juridical law using legislative, conceptual, analytical, and case approaches. The scope of this research is legal protection for victims of criminal acts who commit forced defense (Noodweer) in the perspective of the old Criminal Code (KUHP) and Law Number 1 of 2023 concerning the new Criminal Code (especially Articles 34 and 43). The results of the study show that the defendant's actions were carried out because of force and there was a mental shock constituting a forced defense (noodweer ). The conclusion is that there is a reason for the pardon and the defendant should not be subject to criminal charges as specified in Article 49 Paragraph 1 of the Criminal Code.
Notary Public Liability for Errors in Authentic Deeds from the Perspective of Article 16 of the Notary Office Act Husain, Nurain
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
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This study examines notarial liability for errors in authentic deeds from the perspective of Article 16 of the Notary Office Act within the Indonesian civil law system. Employing a normative juridical research method, the study integrates statutory analysis, doctrinal review, and a purposive examination of Supreme Court decisions to analyze the configuration of notarial liability and its practical implications. The findings demonstrate that notarial liability operates within a tiered and progressive framework encompassing civil, administrative, and criminal liability, with civil liability emerging as the dominant form of accountability, particularly in cases involving substantive errors. The study further classifies notarial errors into formal errors, substantive errors, and negligence in digital verification, revealing that digitalization has expanded the scope and complexity of the professional duty of due care. Although the normative framework governing notarial responsibility is conceptually coherent, its implementation remains uneven due to weaknesses in supervision, digital competence, and risk mitigation mechanisms. Accordingly, the study underscores the need for a systemic and preventive approach to the application of Article 16, aimed at strengthening legal certainty, professional integrity, and public trust in the notarial profession in the digital era.
Draft Representation of Women in Candidate Determination in Elections Member of the People's Representative Council of the Republic of Indonesia Realize Gender Equality Murni, Edeltrudis Calasansia; Didik Suhariyanto; Ismail, Ismail
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Women's representation in politics is a crucial issue in realizing gender equality and inclusive democracy. Regulations through Law Number 7 of 2017 concerning Elections and General Election Commission Regulations (PKPU) have stipulated the obligation of political parties to include at least 30% women in the list of legislative candidates in each constituency. However, electoral political practices show that there is a discrepancy in the formulation of representation, both in terms of distribution and placement of female candidates on non-strategic lists. Legal vacuums arise when quota provisions are not consistently enforced, so that the principles of substantive justice and the protection of women's political rights are weakened. The purpose of this research is to analyze the formulation and enforcement of women's representation law in the determination of candidates for members of the House of Representatives of the Republic of Indonesia based on PKPU in order to realize gender equality in elections. The research method used is a normative juridical method with legislative, case, and conceptual approaches. The results of the study show that women's representation in the determination of candidates for members of the House of Representatives of the Republic of Indonesia has not been fully realized in accordance with regulations. Data from the 2024 election shows that women only obtained 22.1% of the seats in the House of Representatives, still below the 30% quota target. This inconsistency illustrates weak institutional commitment, legal uncertainty, and structural bias in the political system. The conclusion of this research is that although regulations have regulated the quota of women's representation, weak law enforcement and institutional commitment have caused gender equality in elections to not be achieved substantively.
Criminal Liability for Negligence in Traffic that Results in the Loss of Life of Another Person According to Law Number 22 of 2009 (Study of Decision Number 1908/Pid.Sus/2024/PN Medan) Gulo, Falentina; Erma, Zetria; Hidayati, Taufika
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
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This research aims to analyze the criminal liability for traffic negligence resulting in the loss of life according to Law Number 22 of 2009, identify the causal factors of such negligence, and examine the judge's considerations in imposing a sentence, using Case Decision Number 1908/Pid.Sus/2024/PN Medan as a study. The high number of traffic accidents in Indonesia, predominantly caused by human error, highlights the urgency of this issue. This study employs a normative legal research method with statutory and case study approaches. The findings indicate that the formulation of criminal liability in Article 310 paragraph (4) of Law No. 22 of 2009 is clear, with a maximum threat of 6 years imprisonment. However, its implementation in court decisions often does not reach the maximum penalty, as seen in the Medan District Court ruling where the perpetrator was sentenced to only 2 years and 6 months. Factors causing negligence include human, vehicle, road, and natural factors, with human factors being the most dominant. Judge's considerations are based on juridical, sociological aspects, and trial facts. This research suggests the need for more optimal law enforcement and consistent sentencing to create a deterrent effect.

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