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Paska Marto Hasugian
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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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Recriminalization in the New Criminal Code Against the Criminal Justice System Article on Information and Electronic Transactions Heri Nalom Opung Sunggu; Muhammad Syukran Yamin Lubis
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

The results of the discussion conclude that the principle of recriminalization or regulation of new criminal acts that were previously not clearly regulated or new articles related to computer crimes and electronic transactions as well as related to the criminal justice system and law enforcement policies to balance the interests of law enforcement of electronic transactions. This shows that the new Criminal Code attempts to combine the principle of substantive justice while maintaining criminal law as a last resort in resolving legal conflicts. The research method used is normative juridical, with a literature study of the New Criminal Code, national legal literature, and scientific articles discussing the principle of ultimum remedium and Criminal Code reform.
Law Enforcement Against Perpetrators of Online Gambling Crimes by the Cyber Crime Division of the North Sumatra Regional Police Criminal Investigation Unit Marnaek Tua Benny Purba; Rachmad Abduh
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Discussion results conclude that impact online gambling usually impact on social, economic, psychological and other aspects enforcement law. Even  in tracking related cash flows with online gambling that is necessary researched. This approach allows police For browse cash flow​ online gambling so that No only ensnare perpetrator field, but also uncovers the bookies and networks that play a role as controller as well as recipient profit main. With focus on tracking transaction finance, enforcement law become more oriented towards termination cash flow and weakening structure crime in a way comprehensive.
Efforts of the Regional Office the Ministry of Law and Human Rights of West Sumatera in Encougraging Trademark Registration for MSMEs (Study on Rice Milling in Baso) Adila Permata Sari; Kartika Dewi Irianto
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

Micro, Small, and Medium Enterprises (MSMEs) in Agam Regency face a significant gap in intellectual property protection, where out of 1,891 active units, only two have registered trademarks. This study aims to analyze the efforts of the Regional Office of the Ministry of Law and Human Rights (Kanwil Kemenkumham) of West Sumatra in encouraging trademark registration and to identify the specific barriers faced by rice milling businesses in Baso. This research utilizes an empirical legal method with a descriptive qualitative approach. Data were collected through in-depth interviews with government officials and business owners, as well as document studies. The results indicate that while the government has shifted its strategy towards an Intellectual Property-Based Region (KBKI) approach, these efforts have not been fully effective at the micro level. The primary barriers identified are structural, specifically "one-man show" management, technical barriers related to low digital literacy, and a strong cultural adherence to the "First to Use" principle which contradicts the "First to File" legal system. The study concludes that the digitalization of services currently acts as a barrier to entry for traditional MSMEs, necessitating a strategic shift from mass socialization to on-site technical assistance.
Legal Protection of Amal Usaha Muhammadiyah Assets at the Regional Leadership of Muhammadiyah Bukittinggi Mariska, Dinda; Mairul, Mairul
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Muhammadiyah, as one of the largest Islamic orgnganizations in Indonesia, manages thousands of strategic assets through its charitable endeavors (Amal Usaha Muhammadiyah or AUM) to improve community welfare. However, many of these assets face legal uncertainties and incomplete ownership documentation, creating a high potential for future disputes. This study aims to identify the factual conditions of legal protection for AUM assets under the Regional Leadership of Muhammadiyah (PDM) Bukittinggi and to analyze the main inhibiting factors in its implementation. This research utilizes an empirical legal approach with a descriptive-analytical method, employing field interviews and legal literature reviews for data collection. The results indicate that while the assets are actively utilized for educational, social, and religious purposes, formal legal documentation remains partially incomplete. This vulnerability is primarily constrained by the absence of uniform internal regulations and limited administrative human resources, although the organization has proactively implemented empirical security measures such as appointing nazhir waqf and transferring personal ownership titles to the official organization. In conclusion, achieving optimal legal protection requires the acceleration of asset legalization, the establishment of definitive internal guidelines, and consistent capacity building. These findings provide significant implications for improving the institutional governance of non-governmental organizations, ensuring asset security for sustainable community development.
The Civil Liability of Heirs in Lawsuits for the Recovery of State Losses Due to Corruption Committed by a Deceased Perpetrator Under Indonesian Positive Law Oktaviani, Amelia; Nuzul Rahamayani
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

Corruption is an extraordinary crime that inflicts severe financial losses on the state. When a corruptor dies before or during the legal process, criminal prosecution is legally dropped, yet the state's financial losses persist, prompting civil lawsuits against the heirs to recover the corrupted assets. This research aims to analyze the form of civil liability of heirs and the legal protections afforded to them in lawsuits for state loss recovery under Indonesian positive law. This study employs a normative juridical approach of a descriptive-analytical nature, utilizing primary statutory materials and a case study of the Nabire District Court Decision No. 47/Pdt.G/2023/PN Nab, which are analyzed qualitatively. The results indicate that the heirs' civil liability is purely restitutive and strictly limited to the value of the inherited estate (boedel waris), meaning they do not bear personal responsibility for the deceased's crimes. Furthermore, legal protection is robustly guaranteed through the limitation of liability up to the inheritance value and the fundamental right to reject the inheritance entirely. In conclusion, Indonesian civil law effectively prevents the covert criminalization of heirs while maintaining the state's right to asset recovery. These findings are crucial for providing legal certainty to law enforcement, particularly State Attorneys, in executing proportional and just asset recovery strategies.
A Comparative Study on the Execution Time of Inheritance Distribution from the Perspectives of Islamic Law and Civil Law Angelia Eka Putri, Winni; Mairul, Mairul
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Inheritance is a crucial aspect of family law, yet the prevalent socio-cultural practice of "living inheritance" (warisan hidup) in Indonesia often creates conceptual and juridical confusion between grants (hibah) and actual inheritance. This research aims to comparatively analyze the precise execution time of inheritance distribution according to normative Islamic Law and the Indonesian Civil Code (KUHPerdata) to resolve these socio-legal tensions. Employing a normative legal research method with a qualitative comparative approach, this study exclusively analyzes primary and secondary legal materials, including the Qur'an, the Compilation of Islamic Law (KHI), and the KUHPerdata. The findings reveal that neither legal system explicitly sets a rigid deadline or expiration period for distribution post-mortem. However, Islamic Law mandates a strictly sequential, ijbārī (compulsory) process requiring the prior settlement of funeral costs, debts, and testamentary wills before asset division. Conversely, the KUHPerdata provides a highly flexible, consent-driven mechanism that depends entirely on the heirs' free will and proactive demands. This study concludes that while Civil Law permits procedural delays, unnecessary postponement is strongly discouraged across both systems to prevent overlapping claims. Understanding these temporal boundaries is vital for society to ensure absolute legal certainty, utilize appropriate lifetime legal instruments accurately, and maintain long-term familial harmony.
Legal Status and Inheritance Rights of Wives and Children from Unregistered Polygamous Marriages: A Socio-Legal Study at the Religious Court Rahayu, Rani; Mairul, Mairul
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Marriage registration is a legal requirement in Indonesia to ensure legal certainty and the protection of civil rights, including inheritance rights. However, unregistered polygamous marriages continue to occur, resulting in legal uncertainty, particularly for wives and children. This study aims to examine the legal status and inheritance rights of wives and children from unregistered polygamous marriages and to analyze judicial considerations in resolving such cases at the Religious Court. This research employs an empirical legal (socio-legal) approach with a conceptual and juridical-empirical perspective. Data were obtained from secondary legal materials and semi-structured interviews with a Senior Judge at the Religious Court of Bukittinggi conducted on January 26, 2026. The data were analyzed qualitatively through data editing, thematic classification, and interpretative analysis. The findings indicate that marriage registration is the primary factor determining inheritance rights. Wives from unregistered marriages have weaker legal standing due to the absence of formal legal recognition. In contrast, children receive stronger legal protection through lineage recognition and legal mechanisms such as wasiat wajibah. Judges play an important role in ensuring justice by applying both formal legal provisions and substantive justice principles based on Islamic law and child protection. This reflects the Religious Court’s function in balancing legal certainty and justice.
Legal Review of Perpetrators of Premeditated Murder Analysis of the Decision in Case Number 474/Pid.B/2023/PN Mdn Syukurman Jaya Waruwu; Yusuf Hanafi Pasaribu; Winta Hayati
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 in-depth the legal analysis of criminal decisions in premeditated murder cases, focusing primarily on Medan District Court Decision No. 474/Pid.B/2023/PN Mdn. The crime of premeditated murder, as regulated by Article 340 of the Criminal Code (KUHP), has the essential element of premeditated intent or intention, which requires the perpetrator to have time to think calmly before committing the act. This crime is considered more serious than ordinary murder because it reflects a high level of criminality and mature malice. The purpose of this study is to critically analyze how the panel of judges constructed their legal reasoning in proving the element of premeditation and assessing the suitability of the decision rendered with the principles of justice and legal certainty.The research method used is normative juridical with a qualitative approach, focusing on applicable legal norms and analysis of court decision documents. Data were obtained through literature review and content analysis of the decisions in the case under study. The results indicate that the panel of judges in this case successfully proved all elements of Article 340 of the Criminal Code convincingly. The judge's considerations were based on a series of legal facts, including digital evidence, consistent testimony, and the results of a post-mortem examination, which detailed the planning and execution of the murder. The sentence handed down to the defendant, which was commensurate with his actions, reflects the implementation of retributive justice and provides a deterrent effect, while also affirming the state's high regard for human life.
Legal Review of Criminal Acts of Human Trafficking (Tppo) Study of Decision Number 1049/Pid.Sus/2024/PN.Mdn Robertus Rahmat Arifin Gulo; Syaiful Khoiri Harahap; Yulkarnaini Siregar
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
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Human trafficking is a serious crime that violates human rights and human dignity. This study aims to analyze law enforcement and the judge's considerations in Decision Number 1049/Pid.Sus/2024/PN.Mdn regarding the crime of human trafficking, with a focus on the application of Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. The research method used is a qualitative case study approach, reviewing court decision documents, legal literature, and other secondary sources. The results of the study indicate that law enforcement against perpetrators of human trafficking in this decision has fulfilled the elements of the crime, namely recruitment, transportation, and exploitation, with the modus operandi being the abuse of the victim's vulnerable position. The judge's considerations are based on valid evidence, including witness statements, transaction documents, and expert analysis. The criminal sanctions imposed, namely 7 years imprisonment and a fine of Rp200,000,000, are considered proportional and in accordance with the provisions of the law. However, the study also identifies challenges in proving the elements of exploitation and protecting victims. In conclusion, this ruling reflects a serious effort to enforce the law against human trafficking, although capacity building of law enforcement officers and inter-agency coordination are needed to address the complexity of similar cases in the future. This study provides recommendations for officer training, optimizing the role of the Witness and Victim Protection Agency, and community outreach for human trafficking prevention
The Legal Standing of Deepfake Digital Evidence in Criminal Proceedings: Challenges of Evidentiary Integrity in the AI Era Putra, Adrian Bima
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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The rapid advancement of Artificial Intelligence (AI) has introduced deepfake technology, triggering a crisis of authenticity regarding criminal evidence. This study aims to analyze the legal standing of deepfakes within the Indonesian criminal justice system and the challenges of maintaining evidentiary integrity during trials. Employing a normative legal research method, this study examines the synchronization between technological developments and current positive law regulations. The results indicate that while the ITE Law recognizes electronic information and documents as valid legal evidence, the emergence of deepfakes poses an existential threat to the "seeing is believing" judicial paradigm. This technology is capable of manipulating visual and audio realities with high precision, making it increasingly difficult to distinguish from authentic recordings. These findings highlight a significant gap in digital forensic standards and judicial readiness in Indonesia. The lack of specific verification protocols risks the admission of fabricated evidence, which could ultimately undermine the pursuit of justice. The study concludes by emphasizing the urgent need for judicial procedural reforms and the establishment of specialized AI forensic protocols. Such measures are crucial to mitigate the risk of judicial errors and ensure that the legal system remains adaptive yet rigorous in safeguarding evidentiary validity in the era of digital disruption.

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