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andika adhyaksa
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INDONESIA
KHAIRUN LAW JOURNAL
Published by Universitas Khairun
ISSN : 25809016     EISSN : 25811797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Khairun Law Journal (KLJ) is an official journal of Faculty of Law, Khairun University. KLJ published semi-annualy in September and March. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in KLJ is deal with a broad range of topics, including:Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Agrarian Law; Adat Law; and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 2 Documents
 1 
Search results for , issue "volume 10 issue 1, september 2026" : 2 Documents clear
PENERAPAN PASAL 56 KUHP OLEH HAKIM DALAM MENJATUHKAN PUTUSAN BERUPA PEMIDANAAN TERHADAP KORPORASI M. Ilham Wira Pratama
Khairun Law Journal Volume 10 Issue 1, September 2026
Publisher : Faculty of Law, Khairun University

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Abstract

Law Number 1 of 2023 concerning the Criminal Code contains guidelines for the punishment of corporations, especially regarding matters that need to be considered by judges when handing down criminal decisions against corporations as contained in Article 56. However, how these guidelines are applied by judges in issuing criminal sentences against corporations, as well as the legal implications of not applying these guidelines, are not explained explicitly. S0 this matter needs to be researched to find out how the sentencing guidelines contained in Article 56 are applied to corporations. The research method used is the normative legal research method, with a legislative and comparative approach, which is analyzed qualitatively and presented descriptively. The research results show that judges are obliged to apply the provisions of Article 56 of the Criminal Code in handing down criminal decisions against corporations and are obliged to include the matters referred to in that article in their decision letters. The legal implications of not implementing and not including the provisions of Article 56 of the Criminal Code in the criminal decision letter against the corporation, the decision can be declared null and void.
Transformasi Pilkada sebagai Bagian Rezim Pemilu dan Implikasinya terhadap Desain Penyelenggaraan Pilkada Masa Depan Bimo Fajar Hantoro
Khairun Law Journal Volume 10 Issue 1, September 2026
Publisher : Faculty of Law, Khairun University

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Abstract

Regional head elections have undergone a shift from a standalone election regime into an inseparable part of the general election regime. This shift raises legal issues concerning the scope of lawmakers’ authority in designing the implementation of regional head elections, which was previously flexible. This study aims to analyze the implications of such a shift on the design of regional head election implementation. This normative legal research applies statutory, case, and conceptual approaches to examine primary and secondary legal materials. The results indicate that the transformation of regional head elections into the general election regime has reduced the scope of lawmakers’ regulatory authority through three primary constraints. First, constitutional constraints in Article 22E require regional head elections to comply with general election principles, particularly the direct principle, and a five-year cycle, which precludes the option of indirect elections via the Regional House of Representatives and the modification of the regional head’s term of office. Second, Constitutional Court precedents regarding general elections now apply to regional head elections and demand the elimination of double standards between the General Election Law and the Regional Head Election Law. Third, harmonization between the General Election Law and the Regional Head Election Law is essential to resolve existing regulatory disparities. Therefore, adjusting regional head election regulations using constitutional standards applied to general elections, and codifying the Regional Head Election Law into the General Election Law, are primary steps that must be taken by lawmakers to ensure legal certainty and the realization of constitutional regional head elections in the future

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