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Andri Winjaya
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INDONESIA
JURNAL HUKUM
Published by Universitas Islam Sultan Agung
ISSN : 14122723     EISSN : 27236668     DOI : http://dx.doi.org/10.26532/jh
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
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 this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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Search results for , issue "Vol 40, No 2 (2024): Jurnal Hukum" : 20 Documents clear
Strengthening Corporate Governance Through Legal Compliance and Ethical Codes of Conduct Turisno, Bambang Eko; Priyono, Ery Agus; Yunanto, Yunanto
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.214-234

Abstract

This study investigates the role and implementation of a company's code of ethics as a cornerstone of good corporate governance. The research aims to examine the contents of corporate codes of ethics, the enforcement of sanctions for violations, and the mechanisms for preventing actions that contravene ethical standards. The code of ethics serves as a guiding framework for employees, fostering professionalism, integrity, and commitment. It encapsulates normative ethics and facilitates the practical application of corporate values in daily activities. Findings reveal that the structure and content of codes of ethics vary across organizations, ranging from concise to highly detailed formats. Employees affirm their adherence through integrity and compliance pacts, establishing a mutual agreement on the disciplinary measures for breaches. Sanctions for violations are proportionate to the nature of the offense and may include multiple forms of disciplinary action. An appeal mechanism and oversight by designated supervisors ensure the fair implementation of sanctions. Furthermore, the Board of Directors plays a pivotal role in exemplifying ethical behavior and reinforcing compliance through decisive actions. This research underscores the importance of a well-defined and enforced code of ethics in fostering an ethical corporate culture and ensuring accountability within organizations.
Civil Disputes Between Government and Individuals: A Comparative Study of Indonesia and French Legal System Pujiningrum, Wigati; Agustina, Rosa; Nursadi, Harsanto
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.110-133

Abstract

This study aims to compare the legal systems of Indonesia and France in handling civil disputes involving the government and individuals. The research highlights challenges related to judicial independence, procedural efficiency, and fair trial accessibility for private individuals in both countries. This study assesses legislative developments and procedural safeguards in both countries, examining their effectiveness in resolving disputes and identifying strengths and weaknesses. In Indonesia, the dual judiciary system separates the General Courts, which handle both civil and criminal cases, from the Administrative Courts, dedicated to disputes involving government bodies. In contrast, France’s integrated legal approach under its administrative law tradition, overseen by the Conseil d’État, emphasizes separation of powers and judicial oversight to ensure government decisions comply with the rule of law. The French system incorporates corrective justice principles, offering comprehensive remedies to address losses in civil disputes, which differ significantly from Indonesia’s approach. It underscores Indonesia’s ongoing legal reforms aimed at enhancing judicial independence and France’s robust administrative jurisprudence that checks executive power, offering insights to improve administrative justice and protect individual rights in various legal contexts.
The Idea of the Bottom-Up Paradigm to Top-Down in Regional Arrangement in Indonesia Indra, Mexsasai; Saragih, Geofani Milthree; Artina, Dessy; Yusuf DM, Mohd.; Mahardika, Ahmad Gelora
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.17-36

Abstract

The reformation era in Indonesia emphasized regional autonomy, resulting in the creation of numerous regions, as affirmed by Articles 18, 18A, and 18B of the 1945 Constitution. Laws Number 22 of 1999 and 23 of 2014 supported a bottom-up paradigm, allowing local communities to propose new regions. However, not all proposals were accepted by the central government, leading to national integration threats and community conflicts. This approach has resulted in unequal development and delays due to conflicting interests between local communities and the central government. Such imbalances have fostered resentment and hindered cohesive national development. This research proposes a top-down approach where the central government fully oversees regional expansion. By centralizing the decision-making process, resources and development opportunities can be more evenly distributed, reducing conflicts and streamlining administrative procedures. The urgency of this shift is underscored by the potential risks to national unity and stability under the current system. The proposed top-down approach aims to enhance the efficiency and effectiveness of state administration, ensuring that regional autonomy contributes positively to national cohesion and progress.
The Environmental Legal Responsibility of Cigarette Companies in Community Economic Empowerment Suparnyo, Suparnyo; Hartanto, Dwiyana Achmad; Istanto, Yusuf; Amrulloh, Wahyu Edy; Prabowo, Rizal Bagus
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.322-340

Abstract

Legal and environmental responsibility is part of a concept in business known as corporate social responsibility, because the concept of corporate social responsibility broadly includes responsibility in the economic and environmental sectors. This study aims to examine the strategy for implementing legal responsibility in the social and environmental sectors in empowering the community's economy and the forms of implementing corporate social responsibility in the social/community sector. Through an empirical or non-doctrinal legal approach with primary and secondary data and using qualitative analysis, answers to this research question can be found. The results of the study state that the strategy for implementing social responsibility in the social/community sector is carried out through several strategies, namely identifying stakeholders, setting priorities, focusing on important issues, partnerships with external parties and companies, transparency and reporting, as well as measurement and evaluation to achieve a balance between achieving profits and social and environmental responsibilities. Several large cigarette companies in Kudus have carried out their Corporate Social Responsibility obligations through several activities such as empowering Village-Owned Enterprises, empowering MSMEs and holding training related to empowering the community's economy.
Music Copyright Protection in the Digital Era: Legal Framework and Strategies for Enforcement Panjaitan, Hulman; Betlehn, Andrew; Situmeang, Tomson; Khan, Md Zubair Kasem; Miraz, Mahadi Hasan
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.235-257

Abstract

This research investigates the factors contributing to global music copyright infringement in the digital era, the legal framework established by Indonesian Law Number 28 of 2014 on Copyright, and strategies for strengthening protection. Using a doctrinal legal research approach, the study incorporates statutory and comparative legal analyses to assess the effectiveness of Indonesia’s copyright laws and proposed strategies. The findings indicate that digital piracy globally is primarily driven by technological advances, the ease of sharing pirated content, and inconsistent international copyright laws. These issues have resulted in significant financial losses for creators and the rise of new forms of piracy. In Indonesia, while Law Number 28 of 2014 provides robust protections for creators, including economic and moral rights, enforcement remains problematic due to low public awareness and the rapid pace of technological advancements. Key institutions, such as the Directorate General of Intellectual Property (Direktorat Jenderal Kekayaan Intelektual/DJKI) and Collective Management Institutions (Lembaga Manajemen Kolektif Nasional/LMKN), play a critical role in enforcement but need further support. The study recommends strengthening legal frameworks, international harmonization, and leveraging technological solutions such as blockchain to improve copyright enforcement in Indonesia and ensure fair compensation for artists.
Institutional Roles and Mechanisms in Upholding Legal Protection Under Consumer Protection Law in the Era of Globalization Widiarty, Wiwik Sri; Fahim, Md Hasnath Kabir
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.134-152

Abstract

Consumer protection law is essential in safeguarding rights against fraud and unfair practices, relying on both private institutions and governmental enforcement. This study aims to analyze the legal frameworks of consumer protection in Indonesia. It also examines the roles of institutions in the legal enforcement of consumer protection, particularly their function in maintaining the balance of relations between consumers and producers in the context of globalization and extensive online marketing. The methodology employed is normative legal research, which examines Indonesia’s Consumer Protection Law (Law Number 8 of 1999) through the lens of key concepts such as consumer rights, the institutional roles in enforcing these rights, and ensuring fair business practices. The findings underscore the importance of various consumer protection institutions, such as National Consumer Protection Agency (Badan Perlindungan Konsumen Nasional or BPKN), Non-Governmental Consumer Protection Institution (Lembaga Perlindungan Konsumen Swadaya Masyarakat or LPKSM), Consumer Dispute Resolution Agency (Badan Penyelesaian Sengketa Konsumen or BPSK), in Indonesia, which serve to educate, supervise, and assist consumers in resolving disputes with businesses. This study also identifies the challenges in implementing consumer protection law, particularly concerning the broad range of involved institutions, as well as the need for heightened consumer awareness and greater accountability from business actors.
The Corporate Liability of Airline Service Business Actors in Indonesia: An Islamic Law Perspective Hartono, Teguh; Hartiwiningsih, Hartiwiningsih; Suwadi, Pujiono
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.37-62

Abstract

This study aims to analyze the weaknesses of the corporate liability arrangements of airline service business actors for consumer protection in the perspective of Islamic law in Indonesia. Legal research in the form of prescriptive, with statutory, case, conceptual and comparative approach. Comparative legal studies were conducted with Malaysia, Singapore and Australia supported by the theory of maqashid shariah, welfare state theory and justice theory. The research shows that; First, there are weaknesses in the regulation of liability of business actors in the Consumer Protection Law and the Aviation Law, which have not been able to reach the liability. Beside that, it is not fulfilled the principle of Al-adl because of justice, balance, and equality that describe the horizontal dimension. Second, there is prescription for future arrangements in the corporate liability of airline business actors in the perspective of Islamic law. The position of consumers and business actors should be equal based on the maqashid shariah. Aviation Service Business Actors must be responsible for consumer losses whose rights are violated as regulated in the Qur'an and Hadith. Based on the principle of Al-adl in maqashid shariah, it is necessary to reconstruct the regulation of aviation law and consumer protection law.
Legal Certainty in Green Bonds: The Role of Coherence, Legitimacy, Economic Benefits, and Government Authority Hutahayan, Benny; Fadli, Moh.; Amimakmur, Satria Amiputra; Dewantara, Reka; Tumanggor, Manumpan S.; Djajadikerta, Hadrian Geri
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.341-358

Abstract

This study explores the critical factors shaping legal certainty in green bond issuance, focusing on the roles of coherence in bond issuance objectives, legislative legitimacy, economic benefits, and governmental authority. Legal certainty is essential in fostering investor confidence, reducing risks such as greenwashing, and ensuring compliance with environmental and regulatory standards. The research employs Partial Least Squares Structural Equation Modeling (PLS-SEM) to analyze data collected from institutional investors with a recommended sample of 300 participants, revealing that economic benefits have the most significant impact on legal certainty, followed by governmental authority, legislative legitimacy, and coherence of objectives. The results underscore the importance of clear and measurable objectives in green bond issuance, transparency in the legislative process, and consistent governmental oversight. These findings highlight the need for robust legal frameworks that ensure both environmental sustainability and financial stability. The study's implications suggest that policymakers and regulators must prioritize the harmonization of green bond regulations to promote cross-border investments and long-term market growth.
Legal Safeguards for Victims of Data Dissemination Crimes and Cybercrime Protection Enggarsasi, Umi; Sa’diyah, Nur Khalimatus; Martio, Pratama Alifiandi
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.258-277

Abstract

In the digital age, legal protections for personal data are insufficient, leaving individuals vulnerable to financial losses from data theft and criminal dissemination of personal information. This research focuses on assessing the effectiveness of existing regulations, such as Law Number 27 of 2022 Concerning Personal Data Protection. Employing an empirical juridical approach for field research and a conceptual approach for theoretical analysis. The analysis underscores that personal data, crucial for identification, is a frequent target for malevolent actors seeking financial gain, leading to profound consequences for victims. Incidents of personal data theft, often orchestrated by fraudsters, extend beyond financial losses, compromising personal information available for purchase on clandestine online platforms like the dark web. Despite existing regulations, the research identifies a significant gap in providing clear guidelines for safeguarding individuals in the digital era. The study concludes that the current legal framework, while foundational, requires a more comprehensive focus on the Personal Data Protection Law due to inherent weaknesses. This research contributes valuable insights into the evolving legal landscape surrounding personal data crimes in Indonesia, ensuring a comprehensive understanding of legal protections for victims amidst technological advancements.
Economic Opportunities of Offshore Banking and Regulatory Responses to Money Laundering Risks: A Comparative Study Chandra, Tofik Yanuar; Hossain, Mohammad Belayet; Zakhiri Md. Nor, Mohd; Abu Taher, Mohammad
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.153-173

Abstract

Offshore banking offers significant opportunities for foreign investment and economic growth in developing countries, particularly for free trade zones and industrial sectors. However, it also presents potential risks related to money laundering if Anti-Money Laundering (AML) regulatory frameworks are not properly established or reinforced. This research aims to explore the potential economic benefits of developing comprehensive regulatory frameworks for offshore banking in Indonesia, while also mitigating the risks of money laundering and financial crime. To achieve this, the research adopts a qualitative approach, utilizing a comparative method to analyze the offshore banking regulations of Malaysia, Bangladesh, and Indonesia. The findings reveal that Malaysia has been utilizing offshore banking since 1990 in Labuan, while Bangladesh is currently enacting the Offshore Banking Act (OBA) 2024. Indonesia’s AML framework, under Law No. 8 of 2010, has made progress, but challenges remain in its implementation, especially concerning offshore banking. The research highlights that while Malaysia and Bangladesh have established frameworks to regulate offshore banking, Indonesia still faces regulatory gaps, particularly in managing the risks of offshore financial activities. The implication is that while offshore banking holds potential, its regulation must be reinforced to prevent its use in money laundering activities, including through international cooperation.

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