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Collegium Studiosum Journal
Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda
ISSN : 27974332     EISSN : 27973751     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Collegium Studiosum Journal adalah Jurnal Ilmiah yang diterbitkan secara berkala oleh LPPM STIH AWANG LONG. Collegium Studiosum Journal memilik e-ISSN 2797-3751 dan p-ISSN 2797-4332. Pemilihan dan penggunaan kata Collegium Studiosum Journal dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai penelitian di tingkat nasional maupun international. Collegium Studiosum Journal terbit dalam setahun sekali yaitu pada bulan Juni. Pengiriman artikel dapat dilakukan melalui daring dengan melakukan registrasi terlebih dahulu pada website ini. Collegium Studiosum Journal menerima artikel pada bidang kajian hukum pidana, hukum perdata, hukum tata negara, hukum administrasi negara, hukum international, hukum masyarakat pembangunan, hukum islam, hukum bisnis, hukum acara dan hak asasi manusia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 387 Documents
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TINJAUAN KONSTITUSIONAL PASAL 27A UU ITE TERKAIT KRITIK PUBLIK: PROBLEMATIKA FRASA 'ORANG LAIN' DAN PERLINDUNGAN KEBEBASAN BERPENDAPAT DI RUANG DIGITAL Timbo Mangaranap Sirait; Nungky Sendias
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2029

Abstract

Law continually evolves in response to social developments within society; as a result, its norms often become counterproductive in their enforcement. This study employs a normative legal research method through a literature review to examine and conclude the following: this review synthesizes constitutional law research analyzing Article 27A of the Electronic Information and Transactions Law (UU ITE), with a particular focus on the phrase “another person” (orang lain) and its implications for freedom of expression in the digital sphere. The analysis seeks to address legal ambiguity and its impact on digital rights in Indonesia. Accordingly, the provision is evaluated through relevant Constitutional Court decisions concerning the phrase “another person,” assessing judicial and doctrinal responses to restrictions on freedom of expression, examining compliance with human rights standards, analyzing the consistency of law enforcement, and exploring prospects for legal reform. The findings reveal persistent ambiguity in the phrase “another person,” resulting in multiple interpretations and legal uncertainty, despite judicial efforts to narrow the scope of defamation to individuals. While these efforts enhance legal clarity and reduce arbitrary enforcement, the provision is deemed conditionally unconstitutional and lacking binding legal force insofar as it is not interpreted to mean “excluding government institutions, groups of persons with specific or identifiable identities, institutions, corporations, professions, or public offices.
TINJAUAN YURIDIS PERLINDUNGAN KONSTITUSIONAL TERHADAP DEBITOR Don Saflan; Eddy Asnawi; Robert Libra
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2030

Abstract

Constitutional protection for debtors constitutes a crucial issue within a state governed by the rule of law, particularly following the issuance of Decision of the Constitutional Court Number 02/PUU-XIX/2021, which corrected law enforcement practices related to the execution of fiduciary guarantees. This research aims to analyze the constitutional protection afforded to debtors and the legal consequences arising after the decision, viewed from a constitutional law perspective. The research employs a normative legal research method using statutory, analytical, and historical approaches. The legal materials examined consist of statutory regulations, Constitutional Court decisions, as well as legal doctrines and opinions of legal scholars. The findings indicate that Decision of the Constitutional Court Number 02/PUU-XIX/2021 has significantly strengthened the position of debtors as subjects of law who possess constitutional rights to fair legal certainty, protection from arbitrary actions, and respect for human rights. The decision affirms that debtor–creditor relations are not merely within the realm of private law but are also subject to the principles of the rule of law and constitutional supremacy. The legal implications of the decision include the obligation to adjust statutory regulations, a paradigm shift in law enforcement from formal legal certainty toward substantive justice, and the reinforcement of the Constitutional Court’s role as the guardian of citizens’ constitutional rights. Consequently, this decision serves as an essential constitutional foundation for realizing fair legal protection for debtors in Indonesia.
HUKUMAN PIDANA KE KEADILAN RESTORATIF: REINTEGRASI SOSIAL DI BAWAH KERANGKA KERJA PERADILAN PIDANA BARU INDONESIA Mashendra
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2033

Abstract

This study aims to analyze the institutionalization of restorative justice in the new Criminal Code (Law No. 1 of 2023) and identify obstacles to its implementation in the criminal justice system. The method used is normative legal research with a qualitative approach through legislative, conceptual, and comparative analysis. Data was obtained from primary and secondary legal materials, while the analysis technique was carried out through doctrinal analysis and comparison with restorative practices in Europe and China. The results of the study show that although restorative justice has been recognized normatively, its implementation is still uneven among law enforcement agencies. The police tend to be more prepared than the prosecutor's office and the courts, which are constrained by a lack of human resources, training, and procedural guidelines. The lack of a trauma-informed and gender-responsive approach also limits victim participation. The study emphasizes the need for codification of restorative procedures, improved inter-agency coordination, and strengthening of community-based mechanisms to support effective implementation.
INTEGRASI KEPATUHAN HUKUM DAN MITIGASI RISIKO BAGI KORPORASI: PERAN AUDITOR HUKUM DALAM MEMBERIKAN PERLINDUNGAN HUKUM SEHUBUNGAN DENGAN PHK PADA PERUSAHAAN PAILIT Mona Wulandari; Hendra Apriyanto
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2057

Abstract

The role of legal auditors in providing legal protection in connection with the termination of employment (PHK) of workers in bankrupt companies focuses on ensuring compliance with labor laws and regulations, identifying workers' normative rights, and ensuring that these rights are prioritized in the bankruptcy process. The type of research used in this study is normative juridical. The inconsistency of provisions regarding termination notification between the Bankruptcy Law and the Manpower Law causes uncertainty for workers in preparing themselves for the impact of termination of employment, and makes it difficult for curators to carry out their duties effectively. The results of interviews revealed that the unclear notification rules and priority of payment of workers' rights often give rise to practical obstacles and disputes in the bankruptcy process. Practices in countries such as Germany, France, and Japan show that flexible but sufficient notice periods, court supervision, and social security funds for workers laid off due to bankruptcy are important steps to improve worker protection. Companies that are run in accordance with applicable regulations will increase their value. A company's image in the eyes of the public and potential investors. The primary purpose of a legal audit is risk mitigation. Audit results can be used by business actors or investors before making investments or conducting business. Business actors can mitigate risks in investments. In other words, business actors can request legal audit results when making investments or conducting business. This way, business actors can determine whether the party they intend to collaborate with has implemented legal compliance or is in fact non-compliant.
PERLINDUNGAN HUKUM TERHADAP KRIMINALISASI BAGI PROFESI KURATOR DAN PENGURUS BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU Hendra Apriyanto; Mona Wulandari
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2063

Abstract

A curator who has many duties and authorities in carrying out his duties during the bankruptcy process will certainly encounter many problems or obstacles that must be overcome, however, even though the duties and authorities granted by the Law are quite broad, in practice, not a few curators and administrators experience obstacles in carrying out their duties and authorities. Almost recently it was also known that the curator had been sued in court by the bankrupt debtor where the bankrupt debtor thought what the curator had done was wrong and was considered to have stolen or embezzled the bankrupt debtor's assets, in this case what often happens is that there is no protection for the curator in carrying out his duties. The type of research used in this writing is normative legal research. With the existence of reports that seem forced and also fabricated, until now it can still be accepted by the police so that it seems as if the curator is a suspect who committed embezzlement because he made a sale without the agreement of the debtor, even though this is a series of stages in bankruptcy. So in this case it is known that this criminalization may actually be due to a lack of understanding by law enforcement in carrying out their duties. Therefore, legal protection for curators in carrying out their duties is necessary to prevent further criminalization of curators and administrators in Indonesia. The Curator and Administrator Profession Law will establish competency standards, national licenses, codes of ethics, and independent oversight mechanisms. This law should also provide limited immunity for curators and administrators who have worked according to procedures and in good faith. This protection is crucial so they can make swift decisions without the fear of criminalization.
PERLINDUNGAN HUKUM BAGI ANAK SEBAGAI KORBAN DALAM KASUS TINDAK PIDANA KEKERASAN SEKSUAL DI INDONESIA Susiana Kifli
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2064

Abstract

Violence against women is a crucial issue and a current challenge. Many cases of women becoming victims due to vulnerability and powerlessness. In fact, the tendency of victims being children is also increasing nowadays, both in the family, in the community, and in the school environment. Legislation in Indonesia, starting from the 1945 Constitution, the Criminal Code, the Child Protection Law, the Domestic Violence Law, to the TPKS Law, expressly guarantees protection for children from all forms of violence, including sexual violence. The type of research used in this paper is normative juridical legal research. However, the effectiveness of its implementation still faces various obstacles, such as limited human resources of law enforcement officers, a lack of understanding of regulations, minimal facilities and financial support, and the absence of special services for victims. In addition, the low level of Lack of public awareness and a culture of shame in reporting cases further exacerbate the situation. By identifying and addressing these challenges, it is hoped that the implementation of legal protection for child victims of sexual violence can be more effective and have a positive impact on victims and society as a whole. Solid collaboration between the government, child protection agencies, the police, the judicial system, and the community is needed to overcome these challenges and provide better protection for child victims of sexual violence.
PENANGGULANGAN KEKERASAN TERHADAP ANAK Netty Mewahaty Simbolon; Merry N. Sinaga; Mhd. Fadly Nasution
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2079

Abstract

This research aims to determine the countermeasures against violence targeting children. Child protection encompasses all activities to guarantee and protect children and their rights so they can live, grow, develop, and participate optimally in accordance with human dignity. The research method used in this study is a qualitative approach with a normative legal research perspective. Data collection methods include literature studies and documentation. Data analysis was conducted by synthesizing the results obtained from data collection and connecting them to derive answers to the research objectives. Criminal legal sanctions for violence against children are regulated in Law No. 35 of 2014 concerning the Amendment to Law No. 23 of 2002 on Child Protection, Law No. 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law No. 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 on Child Protection into Law, as well as the application of criminal sanctions regulated in the Indonesian Criminal Code (KUHP) regarding maltreatment. Crime prevention efforts are carried out by reducing factors that can lead to crimes against children, namely through preventive and repressive countermeasures. Preventive efforts are crime prevention measures outside of criminal law aimed at preventing the occurrence of child abuse. Repressive efforts are conceptual crime prevention measures taken after the crime has occurred through law enforcement against those involved in criminal acts to prosecute perpetrators of child abuse in accordance with their actions.
KAJIAN SURAT TELEGRAM TENTANG PENGEMBALIAN DANA KORUPSI TERHADAP UNDANG UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Iman Munandar Batuara; Ardiansah; Aulia Vivi Yulianingrum Bagio Kadaryanto
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2218

Abstract

Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia requires a concept of criminal offense settlement that waives the criminal process for the sake of public order and security (Harkamtibmas) and the public interest. This serves as the juridical basis for the issuance of the Criminal Investigation Agency Telegram Letter Number: ST/206/VIII/2016 dated August 24, 2016, concerning the Handling of Corruption Crimes in the Return of State Financial Losses. This telegram letter explains that the reason for terminating an investigation based on the Criminal Investigation Agency Telegram Letter Number: ST/206/VIII/2016 dated August 24, 2016, is that if there is a return of state financial losses to the state treasury during the investigation process, the investigation shall not be upgraded to the prosecution stage. Investigators complete the administration for the termination of the investigation by referring to the Circular Letter of the Chief of the Indonesian National Police Number: SE/7/VII/2018 dated July 27, 2018, concerning the Termination of Investigation, issuing a Progress Report on Investigation Results (SP2HP) to the reporter, and sending a formal letter to the Resort Police (Polres). The purpose of this research is to analyze the review of the Telegram Letter concerning the return of corruption funds against Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. It also aims to analyze the ideal review of the Telegram Letter concerning the return of corruption funds against Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. The method used is normative legal research. Based on the research results, it is known that the review of the Telegram Letter concerning the return of corruption funds against Law Number 31 of 1999 concerning the Eradication of Corruption Crimes shows that the Telegram Letter can override the Law; if state losses are returned, the criminal offense will be terminated at the investigation stage. The existence of this Telegram Letter allows the return of state losses to halt the investigation, which contradicts Article 4 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, which states that the return of state financial or economic losses does not abolish the criminal prosecution of the perpetrator as referred to in Article 2 and Article 3. Ideally, the review of the Telegram Letter concerning the return of corruption funds against Law Number 31 of 1999 concerning the Eradication of Corruption Crimes should emphasize the return of state losses without abolishing the corruption crime itself. As an extraordinary crime, corruption possesses a higher complexity compared to conventional crimes or even other special crimes. Particularly in the investigation stage of corruption crimes, there are several authorized investigative institutions empowered to handle the investigative process against perpetrators involved in these corruption offenses.
PERLINDUNGAN KONSUMEN TERHADAP PENCEGAHAN KEJAHATAN PHISING DALAM PENGGUNAAN LAYANAN PERBANKAN DIGITAL Dian Fitriana; Aliya Sandra Dewi; Errizka Fitriamadewi Bey
Collegium Studiosum Journal Vol. 9 No. 1 (2026): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v9i1.2150

Abstract

The development of digital banking services has provided convenience for the public in conducting financial transactions quickly and efficiently. However, these technological advancements have also increased the risk of cybercrime, one of which is phishing. Phishing is a form of fraud that aims to obtain customers’ personal data through social engineering by impersonating trusted institutions, including banks. This study aims to analyze the legal protection for digital banking consumers in preventing and addressing phishing crimes, as well as the mechanisms for restoring the rights of customers who suffer losses. The research method used in this study is normative legal research with statutory and conceptual approaches. The results indicate that legal protection for digital banking customers has been regulated in several laws and regulations, including Law Number 8 of 1999 concerning Consumer Protection, Law Number 27 of 2022 concerning Personal Data Protection, the Electronic Information and Transactions Law, and Financial Services Authority Regulation Number 6/POJK.07/2022 concerning Consumer and Public Protection in the Financial Services Sector. These protections are implemented through preventive measures such as strengthening security systems, educating the public, and supervising digital service providers. In addition, repressive measures are also available through complaint mechanisms, dispute resolution through non-litigation and litigation processes, and the provision of compensation or reimbursement to customers who experience losses due to phishing crimes.
ANALISIS HUKUM PIDANA TERHADAP TINDAK PIDANA PENCEMARAN LINGKUNGAN DAN/ATAU DEGRADASI LINGKUNGAN Gregorius Ricky Yulianto; Sunariyo Sunariyo; Aulia Vivi Yulianingrum
Collegium Studiosum Journal Vol. 9 No. 1 (2026): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v9i1.2161

Abstract

Environmental pollution and/or environmental degradation caused by corporations constitutes a serious challenge in law enforcement in Indonesia. The case involving PT Indominco Mandiri in Santan Village, Kutai Kartanegara, concerning the unauthorized dumping of hazardous and toxic waste (B3), as adjudicated in Decision Number 526/Pid.Sus-LH/2017/PN.Trg, reveals persistent deficiencies in the application of corporate criminal liability. Although such liability has been normatively regulated under Law Number 32 of 2009 on Environmental Protection and Management, its enforcement in practice remains suboptimal in generating deterrent effects and ensuring sustainable environmental protection. Accordingly, this study is undertaken to provide an in-depth examination of the application of criminal law to corporate environmental offenses. This research employs a normative juridical method, utilizing both a statutory approach and a case approach. The data consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The statutory approach involves an examination of the provisions set forth in Law Number 32 of 2009, particularly those concerning corporate criminal liability, while the case approach focuses on the judicial analysis of the decision involving PT Indominco Mandiri. The findings indicate that the court applied Article 104 in conjunction with Article 116 of Law Number 32 of 2009 in establishing corporate criminal liability. However, the sanction imposed, namely a fine of IDR 2,000,000,000, is deemed insufficient to produce an optimal deterrent effect and does not reflect a progressive approach to environmental law enforcement. Furthermore, challenges persist in proving corporate fault (mens rea), alongside a tendency to prioritize financial penalties over custodial sanctions against corporate executives, and a lack of integration among criminal, administrative, and civil enforcement mechanisms. Therefore, strengthening legal instruments is necessary, including the imposition of additional criminal sanctions such as license revocation and the enforcement of personal liability against corporate managers. In addition, the integration of repressive and restorative approaches should be prioritized to ensure legal accountability while simultaneously facilitating environmental restoration.

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