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Justice Voice
Published by Universitas Krisnadwipayana
ISSN : 2715243X     EISSN : 29626226     DOI : 10.37893/jv
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Justice Voice diterbitkan oleh Prodi Doktor Ilmu Hukum Universitas Krisnadwipayana. Naskah jurnal memuat beberapa kajian dan review dari disiplin ilmu hukum, termasuk hukum pidana, hukum perdata atau hukum bisnis, dan hukum tata negara. Selain itu, jurnal tersebut juga memuat beberapa kajian hukum dalam arti yang lebih luas. Jurnal ini terbit secara berkala dua kali setiap tahun, yaitu pada bulan Juni dan Desember. Artikel yang telah disetujui dan siap diterbitkan akan dipublikasikan secara berkala di laman OJS yang dapat diunduh secara gratis.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 40 Documents
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The Effectiveness of Alternative Dispute Resolution in Trademark Protection in Indonesia: Challenges and Solutions Ningsih, Novi Rahayu; Karim, Moh.
Justice Voice Vol. 4 No. 1 (2025): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v4i1.1155

Abstract

This article examines the challenges and solutions in trademark dispute resolution in Indonesia, with a particular focus on the effectiveness of existing regulations and the implementation of alternative dispute resolution (ADR) methods, such as mediation and arbitration. While Law No. 20 of 2016 provides legal protection for registered trademarks, law enforcement in the digital era faces numerous challenges, including trademark infringements occurring on e-commerce platforms. The article demonstrates that ADR can offer a more efficient and cost-effective alternative to litigation; however, a key challenge lies in the limited awareness among business actors about the benefits of ADR. Consequently, this article recommends enhancing education for business owners, strengthening regulations related to ADR, and improving the quality of mediators and arbitrators in the field of intellectual property law. Furthermore, the article emphasizes the need for integrating technology into the dispute resolution process to improve efficiency and accessibility.
State as Shareholder: Comparison Between Indonesia and Singapore Cesaria, Bunga Dita Rahma
Justice Voice Vol. 4 No. 1 (2025): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v4i1.1159

Abstract

This article examines the role of the state as a shareholder under Indonesia’s reformed State-Owned Enterprises (SOE) Law, comparing it with the approach in Singapore. The aim is to provide a preliminary discussion on the corporate governance of Indonesian SOEs under the new legal framework, while addressing gaps in existing literature on SOE governance, particularly in Asia. Using a juridical normative method with a comparative approach, the research reveals key differences in the regulation of the state’s role as a shareholder in both countries. These differences are explored from the perspectives of the state’s economic motivations, the separation of its regulatory and shareholder functions, and its involvement in SOE investment and management decisions. The article argues that no single corporate governance model is inherently superior. As a result, the future success of Indonesian SOEs under the reformed law, in comparison to Singapore’s model, remains an open question for further study.
The Implementation of Restorative Justice in the Rehabilitation of Drug Offenders: A Case Study of Decision Number 7/Pid.Sus/2021/PN.Tmt Apriliawan, Hendri; Wirogioto, Ali Johardi; Saefullah, Saefullah
Justice Voice Vol. 4 No. 1 (2025): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v4i1.1165

Abstract

The restorative justice approach in the criminal justice system has emerged as an alternative in addressing drug abuse, focusing on rehabilitation rather than imprisonment. This study evaluates the implementation of restorative justice in Decision No. 7/Pid.Sus/2021/PN.Tmt, examining the role of the legal system in determining whether drug abusers qualify for rehabilitation. A juridical-normative and juridical-sociological approach was employed to analyze regulations and judicial practices related to rehabilitation. The key findings indicate that rehabilitation is a more effective alternative to imprisonment, considering the integrated assessment conducted by the National Narcotics Agency (BNN) to determine the severity of addiction. However, the main challenges in implementing restorative justice include limited rehabilitation facilities, inconsistency in judicial decisions, and social stigma against drug users. This study concludes that harmonizing regulations and enhancing law enforcement officers’ understanding of restorative justice are essential to optimizing rehabilitation implementation in Indonesia’s legal system. With a more inclusive approach, the judiciary can adopt a more humane and effective method in handling drug abuse cases.
The Admissibility of Testimonium De Auditu in Criminal Evidence: An Analysis of Decision Number 1361/Pid.B/2022/PN.Sby Sinaga, Betrand
Justice Voice Vol. 4 No. 1 (2025): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v4i1.1187

Abstract

This study examines the juridical acceptance of testimonium de auditu testimony in criminal proceedings, as reflected in Decision Number 1361/Pid.B/2022/PN.Sby. The research concludes that the flexibility of judges in interpreting legal norms in evidence-gathering serves to achieve substantive justice. While Article 185 paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP) requires direct firsthand experience for witnesses, the reality is that judges may still accept testimonium de auditu when supported by other relevant evidence that complements and strengthens the case’s narrative. This form of testimony has constitutional legitimacy as affirmed in Constitutional Court Decision Number 65/PUU-VIII/2010, which clarifies that indirect testimony is not automatically excluded, provided it is not the sole basis for a verdict and is corroborated by other evidence. This research supports the hypothesis that testimonium de auditu can be used as valid complementary evidence in certain cases, as long as it is within the boundaries of the legal system’s integrity and does not undermine the principles of fair trial and defendant rights. Furthermore, the study emphasizes the need for clearer guidelines in interpreting the admissibility of indirect testimony in Indonesian criminal procedure law.
The Impact of Age on Sentencing in Child Murder Cases: An Analysis of the Implementation of Juvenile Justice Law in Indonesia Hutapea, Frina Debora; Sharon, Grace
Justice Voice Vol. 4 No. 1 (2025): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v4i1.1202

Abstract

This study examines the role of age in the imposition of criminal charges against children involved in murder, focusing on the application of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law). The research highlights the perceived inequality of justice experienced by the victim’s family, particularly in cases where perpetrators under the age of 14 are sentenced to rehabilitation instead of imprisonment. The aim of this study is to analyze the extent to which Indonesian legal provisions consider age in sentencing child murderers, as well as how restorative justice is applied in such cases, and whether it addresses or exacerbates the sense of justice. This research employs a normative juridical method with qualitative analysis, supported by statutory, conceptual, case law, and comparative approaches. The findings reveal that while the SPPA Law offers special protection for children in conflict with the law, its application in cases of murder by young children presents a justice dilemma, particularly when the victim’s life is lost and the perpetrator does not receive proportionate criminal sanctions.
Settlement of Breach of Contract in Cooperation and Capital Between Harsana and CV. Aasmaa Tradexindo Syahmita, Puteri
Justice Voice Vol. 4 No. 2 (2025): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v4i2.1168

Abstract

Breach of contract (wanprestasi) refers to the debtor’s negligence, resulting in the failure to fulfill obligations agreed upon in a contract. If one party fails to perform actions that are neither their rights nor obligations under the agreement, such negligence may lead to a lawsuit in court. This study addresses two research questions: 1) Why does a breach of contract occur in the implementation of the cooperation and capital agreement between Harsanah and CV. Aasmaa Tradexindo, based on Decision No. 979/Pdt.G/2022/PN.Jkt.Sel? 2) What are the legal considerations made by the panel of judges in deciding the case regarding the cooperation and capital agreement between Harsanah and CV. Aasmaa Tradexindo, based on Decision No. 979/Pdt.G/2022/PN.Jkt.Sel? The analysis uses a normative juridical approach with qualitative data collection based on a case study of Decision No. 979/Pdt.G/2022/PN.Jkt.Sel. The results of the study show that the Defendant’s failure was due to an inability to fulfill the obligations agreed upon in the written contract. The dispute was initially attempted to be resolved through negotiation, but due to the lack of an agreement, it proceeded to the civil court. In this case, the judge ruled that a breach of contract had occurred and upheld part of the Plaintiff’s claims, particularly regarding material compensation. However, the judge rejected the request for immaterial damages amounting to IDR 5,000,000,000 and a fine (dwangsom) due to insufficient evidence.
The Importance of Scientific Crime Investigation (SCI) in Solving Murder Cases in Indonesia Wulandari, Serlina; Marbun, Warasman; Hutabarat, Roland
Justice Voice Vol. 4 No. 2 (2025): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v4i2.1183

Abstract

Criminal law in Indonesia grants law enforcement authorities the power to address violations, including the crime of murder. However, handling murder cases often faces challenges, particularly in terms of evidence and identifying the perpetrators. Technological advancements have driven the development of Scientific Crime Investigation (SCI) as a scientific approach that replaces conventional investigation methods by integrating various scientific disciplines to provide more accurate evidence. This study aims to examine the effectiveness of SCI in the investigation process and its alignment with applicable regulations. The research method employed is a normative juridical approach, referring to relevant laws and legal literature. The analysis results indicate that in Decision Number 39/Pid/2024/PT.YYK, the appellate panel of judges modified the death sentence previously imposed on the defendants in Decision Number 634/Pid.B/2023/PN.Smn to a life imprisonment sentence. This ruling suggests that the panel of judges did not adhere to Supreme Court Circular Number 05 of 1973, which regulates sentencing based on the gravity and nature of the crime.
Legal Protection for Consumers Who Lose Assets on Crypto Exchange Platforms in Indonesia: A Case Study of Hacking and Rug Pull Vidianto, Dominic Imanuel; Mardiana, Aloysius; Hikmah, Nurul; Akbar, Aliif Ahmad
Justice Voice Vol. 4 No. 2 (2025): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v4i2.1204

Abstract

This study analyzes legal protection for consumers who experience asset loss on crypto exchange platforms in Indonesia, focusing on two main issues: hacking and rug pull practices. The study examines existing regulations, such as the Electronic Information and Transactions Law (ITE Law) and the Financial Services Authority Regulation (POJK), and reviews two specific cases: hacking of the Indodax platform and rug pull of the ASIX token. The research method used is normative juridical, with a statutory and conceptual approach. The results of the study show that although these regulations exist, the implementation of legal protection remains weak, particularly in terms of security system supervision and the accountability mechanisms of platform providers. Therefore, this study recommends strengthening cybersecurity standards and applying stricter accountability principles by crypto platform providers. There is also a need for synchronization between existing regulations and increased consumer digital literacy to minimize risks arising from illegal practices in this sector.
The Urgency of Legal Protection for Victims of Harassment Sexuality in The University Environment Andrian Pratama, Widhy
Justice Voice Vol. 4 No. 2 (2025): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v4i2.1235

Abstract

Survey data indicate that women with higher levels of education tend to experience sexual abuse more frequently than women with lower educational attainment. Numerous women have reported incidents of sexual abuse within educational environments, including students, academic staff, and teachers. Many students encounter sexual abuse during their period of study in higher education institutions, which can have adverse effects on their mental and physical health as well as their academic performance. Previous studies also demonstrate that a significant number of female students experience sexual abuse before completing their education. This study adopts a data-driven approach through a library research method. Data were collected by reviewing relevant documents, including academic journals, books, scholarly articles, and other credible sources. In addition, information obtained from print and electronic media related to the topic was used as supporting data. The study concludes that sexual harassment occurring within campuses or colleges represents only a small part of a much larger problem, often described as the “tip of the iceberg.” Reported cases reflect only a limited portion of the total incidents of sexual abuse, while many others remain unreported and hidden. In general, there are indications that certain individuals misuse power within educational institutions, whereby authority and positional dominance are exercised arbitrarily, particularly against students.
Comparative Analysis of Indonesia and China on the Copyright Protection Law for Computer Software Widianingsih, Wiwin
Justice Voice Vol. 4 No. 2 (2025): Justice Voice
Publisher : Program Doktor Ilmu Hukum, Universitas Krisnadwipayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37893/jv.v4i2.1244

Abstract

This study examines the copyright regulations on computer software in Indonesia and China, focusing on their alignment with international standards such as the TRIPs Agreement, Berne Convention, and WIPO Copyright Treaty. Using a normative legal research method with a comparative law approach, the analysis identifies key similarities and differences in definitions, rights granted, duration of protection, enforcement mechanisms, and sanctions. Findings show that China has advantages in providing specific regulations, clearer definitions, longer protection periods, and proactive enforcement mechanisms, while Indonesia stands out in the application of performance rights and stronger criminal sanctions. However, both countries still face significant challenges: Indonesia’s absence of specific regulations and reliance on a complaint-based enforcement system, and China’s relatively weak criminal penalties. The study concludes that adopting best practices from each jurisdiction could significantly enhance the effectiveness of copyright protection for computer software, especially in addressing high rates of software piracy. This analysis contributes to the discourse on intellectual property law reform in the digital era by providing policy recommendations for stronger, more comprehensive legal frameworks.

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