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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 206 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
Publisher : SEAN Institute

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Abstract

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
Publisher : SEAN Institute

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Abstract

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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Abstract

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

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