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INDONESIA
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 192 Documents
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Law Enforcement For Commitment Making Officials Who Make Overpayments For Procurement of Goods/Services Without Mens Rea Sonny Wirawan; Huala Adolf; Hernawati RAS
Fox Justi : Jurnal Ilmu Hukum Vol. 14 No. 02 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

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Abstract

Law enforcement in cases of criminal acts of corruption, including in the field of procurement of goods/services, must be carried out firmly and massively but measurably by prioritizing the principle of objectivity and the principles of justice and benefit. Law enforcement based on statutory regulations in the field of criminal acts of corruption should be imposed on perpetrators who truly have evil intentions (mens rea) to commit corruption. Law enforcement that does not pay attention to this aspect will result in concerns or even fear for implementing officials who make decisions, including Commitment Making Officials (PPK) in the procurement of goods/services that do not have a mens rea, that their actions could at any time be criminalized. This research aims to analyze legal enforcement for PPK who make overpayments for procurement of goods/services without mens rea and to analyze legal protection for PPK due to overpayments for procurement of goods/services without mens rea. The method used in this research is normative legal research which is carried out by examining primary legal materials as well as secondary legal materials relating to the legal issues being studied. Data was collected through document study or library research and analyzed through a qualitative approach. The research results show that law enforcement for PPK who make overpayments for procurement of goods/services can be carried out through state administrative law mechanisms or through criminal law mechanisms. The research results also show that in several cases, law enforcement based on the Corruption Crime Law was imposed on PPK who were not proven to have the mens rea to commit corruption. Legal protection for PPK due to excess payments for procurement of goods/services without mens rea has been provided by the state through a set of regulations in the field of procurement of goods/services, including as regulated in Article 84 of Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services as amended by Presidential Regulation Number 12 of 2021 provides legal services to those involved in procuring goods/services in dealing with legal problems related to the procurement of goods/services provided from the investigation process to the court decision stage.
Legal Responsibility of Companies That are Negligent in Managing Waste Which Causes Environmental Damage Gandhi Pharmacista
Fox Justi : Jurnal Ilmu Hukum Vol. 14 No. 02 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

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Abstract

The increasing number of companies in Indonesia will have an impact on economic growth and job creation in Indonesia. However, along with this growth, companies, especially in the industrial sector, will also produce waste as a result of the production process. There are still many companies that still neglect to manage their waste, which can cause damage to the surrounding environment. This research aims to analyze the legal responsibility of companies that are negligent in waste management, causing environmental damage. This research uses a normative legal approach. The results of this research reveal that based on the Environmental Protection Law, environmental crimes are defined as crimes, with corporate legal responsibility divided into three types, namely according to civil, criminal and administrative law. In a civil context, companies must pay compensation due to the environmental impacts they cause. Article 87 stipulates that those responsible for businesses and/or activities that violate environmental law are obliged to pay compensation. Articles 116 to 118 state that environmental crimes involve business entities and individuals who can be subject to criminal sanctions. In addition, the Law also regulates administrative sanctions, such as fines or suspension of permits, to ensure compliance with environmental provisions. Overall, this Law provides a strong foundation for corporate legal accountability, involving civil, criminal and administrative aspects.
Legal Review Of The Role Of Witness And Victim Protection Institutions Under Indonesian Law Agus Sugiarto
Fox Justi : Jurnal Ilmu Hukum Vol. 14 No. 02 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

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Abstract

This research examines the role of witness and victim protection institutions in the legal context in Indonesia. The role of this institution is becoming increasingly important in handling criminal cases involving witnesses and victims, who are often vulnerable to threats, pressure and intimidation. This research uses a normative legal analysis method by referring to statutory regulations, court decisions, and related legal literature. The results of this research show that the Witness and Victim Protection Agency (LPSK) has a vital role in providing protection, assistance and support to witnesses and victims of criminal acts in Indonesia. Through the various roles it carries out, such as providing legal assistance, providing physical and psychological protection, and promoting cooperation with related institutions, LPSK plays a role in ensuring that witnesses and victims can face the justice process more safely and with dignity. However, there are several challenges that need to be overcome, including budget constraints and the need for increased inter-agency collaboration. Therefore, joint efforts from LPSK, the government, related institutions and the community are needed to increase protection and security for witnesses and victims, so that they can obtain equal and dignified justice in the criminal justice system.
Analysis of Social Security Administrators from a Constitutional Law Perspective Anwar Hidayat
Fox Justi : Jurnal Ilmu Hukum Vol. 14 No. 02 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

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Abstract

Health services are a human right of every Indonesian citizen as regulated in Law no. 24 of 2011 concerning the Social Security Administering Body (BPJS). The main focus of this research is to analyze the implementation of social security providers within the framework of Indonesian constitutional law. Therefore, this research aims to analyze social security providers in Indonesia which are regulated by Law Number 24 of 2011. This research uses a normative legal approach based on applicable regulations. This research highlights the importance of social security in Indonesia, which is regulated in laws such as the National Social Security System (SJSN) and the Social Security Administering Body (BPJS), as well as amendments to the 1945 Constitution of the Republic of Indonesia. The research findings show that social security is a vital instrument in fulfilling human rights and achieving social welfare for all Indonesian people. The emphasis on social protection and welfare is an integral part of state responsibility, in line with the principles of democracy, rule of law and social justice. It is hoped that through social security, especially for those who are economically vulnerable, such as the poor and underprivileged, it will provide better protection and improve the welfare of society evenly.
Children In Conflict With The Law In Criminal Acts Of Sexual Violence Dewi Prawira Putri; Hernawati RAS
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 01 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

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Abstract

Sexual violence is a serious crime that violates human rights. Based on Law no. 12 of 2022 concerning Crimes of Sexual Violence, minors who commit crimes of sexual violence can still be resolved outside of court. Meanwhile, adult perpetrators must go through the process of inquiry, investigation and prosecution until they go to court. Meanwhile, from the research results obtained, cases of sexual violence committed by minors continue to increase every year and the cases are increasingly complex and diverse. Victims of criminal acts of sexual violence experience trauma, physical impacts, and ostracism in society so that nothing can be replaced, including perpetrators of sexual violence who are minors, so Law no. 12 of 2022 concerning the Crime of Sexual Violence, especially article 23, needs to be reviewed immediately considering that nowadays most minors can access the internet easily and supervision is less strict, thus affecting their sexual behavior. This is certainly detrimental to this nation because children are the nation's next generation in the future.
Customer Protection Through Implementation Of Banking Governance Utari, Anak Agung Dewi; Imaniyati, Neni; Kartono, Kartono
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 01 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

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Abstract

The number of banks closing is a phenomenon considering the role of banking in economic growth. GCG is the main requirement for banking existence in carrying out its intermediary function. This research aims to examine the relationship between contract balance and banking health and uses a normative juridical research form with a statutory regulation approach and a multidisciplinary approach involving the theory of economic analysis of laws and civil law and governance. The analysis emphasizes non-juridical research. The research results show that implementation of good corporate governance by prioritizing balanced contracts between the parties. The position of banking institutions can continue to be maintained if supervision from the OJK institution and the implementation of good governance based on applicable regulations run as they should. So far, many banks have gone bankrupt due to fraud and mismanagement, especially in corporate governance, even though the OJK has tried to restore banking health. Imbalance in contracts is also a form of bank non-transparency in contracts with customers, resulting in high NPLs that can affect the liquidity risk of bank financial institutions
Paradigm Shift Of Limited Liability Company Post Job Creation Law Iriantoro, Agung
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 01 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

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Abstract

The limited liability company law in Indonesia has undergone substantial modifications due to Law Number 11 of 2020 on Job Creation. One important development is the introduction of the idea of an individual limited liability company. The previous model of PT as a capital partnership has been replaced by this new model, which allows its formation by an individual. As a capital partnership, the Limited Liability Company faces a paradigm shift with the enactment of the Job Creation Law. The question is, how will this transition occur? How will this change in thinking affect the level of certainty that stakeholders, including business actors, have in the law? Conceptual and statutory approaches are used in this research as part of the normative legal research process. The research findings show that the paradigm shift of the PT has far-reaching consequences for several areas of corporate law, including limited liability, segregation of wealth, and corporate governance. There are theoretical and practical barriers to formally establishing micro and small businesses that the amendment seeks to remove. To maintain the consistency of the entire PT legal system, it is necessary to harmonize the Job Creation Law, UUPT, and other implementing regulations.
Juridical Analysis Of Handling Beggers And Budgets In East Jakarta Nurmala Sari; Ardiansyah, Ardiansyah
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 01 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

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Abstract

Handling beggars and homeless people in East Jakarta is one of the policy focuses implemented by the East Jakarta Social Service in an effort to create social welfare for the community. Even though various policies and programs have been implemented, the problem of beggars and homelessness remains a serious challenge for local governments. This research aims to analyze provisions for dealing with the problems of beggars and homelessness, as well as assessing the effectiveness, challenges and impact of these policies. The formulation of the problem is: What are the legal regulations for dealing with beggars and homeless people? And what is the evaluation and monitoring mechanism for the implementation of these regulations? The research results show that the East Jakarta Social Service's policies tend to focus more on short-term control and pay less attention to long-term empowerment aspects for the individuals involved. Therefore, the recommendations from this research include the need for more comprehensive policies, with a more humane approach and based on socio-economic empowerment, as well as increased collaboration between institutions to deal with this problem more holistically.
Legal Sanctions Against Members Of The District Election Committee (PPK) Who Commit Election Crimes Mariana Harahap; Marjan Miharja
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 01 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

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Abstract

In the context of elections as an implementation of people's sovereignty, election law enforcement is interpreted as a situation where mechanisms are available to safeguard the people's right to vote. So that the electoral justice system is expected to be able to guarantee everyone's right to file a complaint if the party concerned feels disadvantaged as a result of certain actions being taken or not taken by the organizers or parties involved in the election. There were violations committed by members of the District Election Committee (PPK) whose case was decided by the Makassar High Court Number 492/PID.S.PEMILU/2024/PT MKS. The formulation of the problem discussed is: 1) What are the legal sanctions against PPK members who are proven to have changed the recapitulation of vote results from the election? and 2) What is the analysis of the Decision of the Makassar High Court Number 492/PID.S/PEMILU/2024/PT MKS regarding members of the District Election Committee which changed the recapitulation of the results of the calculation of votes in the election? The research method used is a normative juridical method, namely research that prioritizes library data, namely research on secondary data. Secondary data can be in the form of primary, secondary or tertiary legal materials. Based on the results of the research, the author concludes that legal sanctions against PPK members who are proven to have changed the recapitulation of vote results from the election, can be sentenced to prison as proven in the decision of the Makassar High Court Number 492/PID.S/PEMILU/2024/PT MKS which gave the verdict to the defendant DZUL FIQRI Alis ZUL Bin SABER TUPPU mentioned above, was legally and convincingly proven guilty of committing the crime of "PPK Member Who Deliberately Causes Change Minutes of Recapitulation of Vote Counting Results"
CRIMINOLOGY APPROACH IN SOLVING CYBER CRIME Azhar AR; Yasmirah Mandasari Saragih; Fauzan
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 01 (2024): Fox justi : Jurnal Ilmu Hukum, 2024
Publisher : SEAN Institute

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Abstract

Cybercrime, as a modern form of criminal activity, presents unique challenges due to its reliance on information and communication technology, the anonymity of perpetrators, and its cross-jurisdictional nature. This phenomenon encompasses a wide range of illegal activities, including hacking, identity theft, the spread of malware, on line fraud, and child exploitation in cyberspace. While legal frameworks and technological measures are essential in combating cybercrime, they are often insufficient to address the complex and evolving nature of cybercrime. The criminological approach provides a multidimensional perspective for understanding society's motives, behavior and responses to cybercrime. By integrating criminological theories, such as labeling theory and routine activity theory, this approach explores the root causes of cybercriminal behavior. Additionally, criminology offers insights into preventative measures and the development of more effective policies to mitigate cybercrime. This paper highlights the importance of applying a criminological framework to analyze cybercrime and proposes strategies for solving it through a combination of legal, technological interventions

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