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Desia Rakhma Banjarani
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SCLS
Published by Universitas Sriwijaya
ISSN : 29866367     EISSN : 29877350     DOI : https://doi.org/10.28946/scls
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sriwijaya Crimen Legal Studies (SCLS) is a journal in the field of law that publishes articles which include but not limited to articles with the themes: Administrative Crime, Juvenile Delinquent, Criminal Anthropology, Criminal Sociology, Penology, Criminal Psychology, Environmental Crime, Islamic Criminal Law, International Crime, Transnational Crime, Victimology, Corruption, Cybercrime, Narcotics Crime, Crime Prevention, Criminal Law Enforcement, Criminology, Criminal Procedure Code and various other aspects related to Criminal Law. In addition, the scope of this journal is also related to Civil Law, State Administrative Law, Constitutional Law, and International Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 46 Documents
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IMPLEMENTATION OF THE PIERCING THE CORPORATE VEIL PRINCIPLE IN THE LIMITED LIABILITY COMPANY LAW Sunaryo; Andini, Pingkan Retno
Sriwijaya Crimen and Legal Studies Volume 3 Issue 2 December 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i2.4787

Abstract

Efforts to protect stakeholder interests in a Limited Liability Company, especially related to the opportunity for shareholders to take legal action, including influencing the company in such a way that it is contrary to the principles of propriety and justice and to provide legal support for the existence of the company's board of directors and board of commissioners in carrying out their respective duties, then a legal doctrine has developed in corporate law which is often called Piercing the Corporate Veil. Judging from the substance of the material and idealism contained in this corporate law doctrine, the intended doctrine is actually needed as part of controlling the morals of the individuals standing behind the company's organs in running their business so as not to commit reprehensible acts that can harm the sense of justice of the community. Therefore, these corporate law doctrines are very important. Business entities in the business world are known as both those that are already in the form of companies and those that are not yet in the form of companies. Based on their legal form, companies are divided into two, namely companies that have legal entity status and those that are not legal entities. As an independent legal entity, the liability of PT shareholders is only limited to the value of the shares owned in the company. The doctrine of piercing the corporate veil can be applied in a Limited Liability Company in the event of misleading facts, fraud and injustice and to protect minority shareholders, shareholders concerned either directly or indirectly in good faith who use the company solely for personal interests.
EFFECTIVENESS OF LAW NUMBER 4 OF 2024 CONCERNING THE WELFARE OF MOTHERS AND CHILDREN IN THE FIRST THOUSAND DAYS OF LIFE Agustina, Dwi Ayu; Nurlaili, Elly; Septiana, Dewi; Aprilianti; Sekar D.K, Sayyidah
Sriwijaya Crimen and Legal Studies Volume 3 Issue 2 December 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i2.5044

Abstract

Law Number 4 of 2024 concerning Maternal and Child Welfare is a form of the state's constitutional commitmentto guaranteeing the protection and fulfillment of the rights of mothers and children, especially during the first thousand days of life (1000 HPK), which is the golden period of growth and development for children. However, the effectiveness of its implementation cannot be said to be optimal, especially inremote, outermost, and disadvantaged areas. This study aims to evaluate the initial level of effectiveness and identify factors that hinder the implementation of the law. This study uses a normative-empirical legal approach based on Soerjono Soekanto's Theory of Legal Effectiveness. Data was obtainedthrough a literature study of legislation, academic literature, policy reports, and secondary data from government agencies. The resultsof the study show that the effectiveness of Law Number 4 of 2024 is still formal and procedural in nature, due to the weak binding force of legal substance, overlapping authority between institutions, limited resources, and a low legal culture and literacy among the community. Thus, the effectiveness of the law has not yet reached a substantive dimension that guarantees equitable welfare for mothers and children in 3T areas. This study recommends strengthening norms through sanctions and accountability mechanisms, cross-sector institutional integration, and the development of a legal culture based on community literacy as prerequisites for the successful implementation of just laws.
CAUSAL ANALYSIS OF CORRUPTION PRACTICES AND RESISTANCE TO THE IMPLEMENTATION OF ANTI-CORRUPTION POLICIES IN GOVERNMENT INSTITUTIONS Salsabila, Assytha; Septika Putri, Ira; Romdoni, Muhamad
Sriwijaya Crimen and Legal Studies Volume 3 Issue 2 December 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i2.5108

Abstract

This study analyzes the causal relationship between corruption practices and resistance to the implementation of anti-corruption policies within government institutions in Indonesia. The research stems from the ongoing prevalence of corruption among government officials despite the existence of comprehensive legal frameworks, revealing weaknesses in law enforcement, legal interpretation, and societal legal culture. The theoretical foundation integrates Jack Bologna’s GONE Theory with Lawrence M. Friedman’s Legal System Theory, emphasizing the interplay of legal structure, substance, and culture. Employing a qualitative normative juridical method, this study relies on secondary data derived from statutory regulations, legal journals, and case documentation to examine the legal norms governing corruption eradication. Data collection was conducted through literature review and legal interpretation techniques. The findings reveal that internal factors such as greed and materialistic behavior, combined with external factors including weak political accountability, ambiguous legal norms particularly in Articles 2 and 3 of the Anti-Corruption Law and deficient supervision, significantly hinder the effectiveness of anti-corruption policies. Furthermore, the persistence of a permissive legal culture normalizing bribery reinforces systemic resistance to reform. The study concludes that strengthening the integrity of law enforcement, refining ambiguous legal provisions, and fostering public legal awareness are essential to overcoming resistance to anti-corruption initiatives and achieving good governance in Indonesia.
IMPLICATIONS OF THE ERGA OMNES PRINCIPLE ON THE MECHANISM OF WAR CRIMES PROSECUTION Violeta, Gracia; Danish, Khalisa; Gisa Vitrana, Mokhamad
Sriwijaya Crimen and Legal Studies Volume 3 Issue 2 December 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i2.5109

Abstract

This research examines the implications of the erga omnes principle in the prosecution of war crimes within the framework of international law. The principle, which reflects obligations owed to the international community as a whole, reinforces the universality of accountability and collective responsibility in addressing serious violations of humanitarian norms. The need for this research arises from the persistent gap between normative development and practical enforcement of war crimes prosecution, particularly amidst ongoing conflicts in regions such as Syria, Yemen, Ukraine, and Myanmar. The study aims to analyze the role and implications of the erga omnes principle in strengthening the mechanisms for prosecuting war crimes and to identify the main challenges that hinder its effective implementation. Employing a qualitative normative legal research method with a descriptive-analytical approach, this study relies on the interpretation of international legal instruments, jurisprudence, and scholarly opinions. The findings highlight that while the erga omnes principle provides a strong moral and legal foundation for universal jurisdiction and complementarity, its realization is often obstructed by political resistance, limited national capacity, and inconsistency in international cooperation. The paper concludes that reinforcing erga omnes obligations requires harmonization between national and international frameworks, and sustained political will from the global community. Ultimately, erga omnes is not a mere theoretical doctrine but a vital instrument for ensuring justice, preventing impunity, and affirming the supremacy of international law.
FROM ATTRIBUTION TO COMPENSATION: DEFINING INTERNATIONAL ‎CIVIL RESPONSIBILITY FOR CYBER ATTACKS Al akayleh, Shaker
Sriwijaya Crimen and Legal Studies Volume 3 Issue 2 December 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i2.5144

Abstract

Humanity today, and those who will come after us, are aware of the consequences of ‎cyberattacks, and the absence of international civil liability in the face of these attacks ‎has become clear and evident. All countries must come together at one table to discuss ‎the issue of this era: regulating cyberattacks and establishing the necessary legislation. ‎The research problem in this paper is summarized in the absence of civil liability for ‎cyberattacks, both theoretically and practically. Therefore, the aim of this paper is to ‎bring the concept of civil liability for cyberattacks, its components, the provisions of ‎international civil liability related to cyberattacks, the effects of its application, and how ‎to assign civil liability to the perpetrators of cyberattacks from absence to actual reality ‎and to put it into the framework of practical application to stop cyberattacks. This is a ‎first step for any researcher in this field.  
ASSESSING THE IMPLICATIONS OF INDONESIA’S POTENTIAL ACCESSION TO THE 2019 HAGUE JUDGMENTS CONVENTION Hidayatullah, Fatah; Chairunniswah Yulindra; Zhafirah Estu Ramadhani
Sriwijaya Crimen and Legal Studies Volume 3 Issue 2 December 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i2.5335

Abstract

This article analyzes the potential impact of Indonesia’s accession to the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Hague Judgments Convention). Addressing long-standing uncertainty stemming from Article 436 of the Reglement op de Rechtsvordering (RV), the study evaluates three key dimensions: legal certainty, investor confidence, and the implications for state sovereignty. Using a normative and comparative legal approach, the research finds that Indonesia’s current framework, requiring a full fresh lawsuit to enforce foreign judgments, creates high transaction costs, inconsistent judicial outcomes, and diminished trust from foreign investors. The Hague Convention offers a predictable, efficient, and standardized multilateral system that can significantly strengthen Indonesia’s cross-border enforcement regime. Accession would enhance legal reliability and improve the investment climate, provided that Indonesia undertakes legislative harmonization, strengthens judicial and institutional capacity, and maintains adequate safeguards through ordre public and sovereign-immunity protections. The article concludes that Indonesia should pursue accession through a phased and carefully designed approach to balance international judicial cooperation with the preservation of national sovereignty.

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