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Agus Budianto
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Lex Prospicit
Published by Universitas Pelita Harapan
ISSN : 29881781     EISSN : 29881773     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Lex Prospicit is a scientific journal published by the Master of Law Study Program, Faculty of Law, Universitas Pelita Harapan in collaboration with Asosiasi Advokat Indonesia (AAI) and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. The articles published in this journal cover a broad range of topics, including Business Law, Antitrust and Competition Law, Intellectual Property Rights Law, Criminal Law, International Law, Constitutional Law, Administrative Law, Agrarian Law, Health Law, Adat Law, Environmental Law, Banking Law, Cyber Law, Bankruptcy Law, WTO Law, Investment Law, Tax Law, Human Rights Law, ADR and Arbitration Law, and Labor Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 3 Documents
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Search results for , issue "Vol. 1 No. 2: July 2023" : 3 Documents clear
Optimalization of the Application of Act Number 22 of 2022 Concerning Companies in Overcoming Problems of Management of Corporate Institutions (Lapas) in Indonesia Sheiba, Tasya Einakrisda
Lex Prospicit Vol. 1 No. 2: July 2023
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v1i2.6672

Abstract

The purpose of correctional systems is to improve the quality of personality and independence of inmates so that they are aware of their mistakes, improve themselves, and not repeat criminal acts, so that they can be accepted again by the community, can live normally as good citizens, obey the law, be responsible, and can play an active role in development. However, this correctional goal cannot be realized properly and optimally if the problems that exist in prisons are still not resolved properly. The type of research used in this paper is a type of empirical normative research. Collecting data using literature study methods and also interviews through the Forum Group Discussion (FGD), with the type of approach to legal systematics and Non-Judicial Case Study as well as data analysis in the form of qualitative research. Based on the research that the author did, can conclude that problems related to overcapacity, prison facilities and infrastructure, and human resources (prison officers) can be overcome by the establishment of Law Number 22 of 2022, but problems related to halinar cannot yet be resolved by Law No. 22 of 2022. The form of optimization strategy that can be done to overcome problems in prisons is to optimize the coaching activities provided to inmates, where prisoners become more active, not just as observers, apply restorative justice in prisons and one example is by providing a special room for mothers and children, as well as forming the National Correctional Agency (BAPASNAS).
Criminological Examination of The Premeditated Murder Perpetrated by Richard Eliezer in Case Law Number 798/Pid.B/2022/PN JKT.SEL Sungkar, Adzholla Hadzna; Heriman, Amanda Regina Pallas; Caroline, Caroline; Efendi, Muhammad Afif
Lex Prospicit Vol. 1 No. 2: July 2023
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v1i2.6941

Abstract

Murder cases in Indonesia often occur but there is one murder case committed by law enforcers. This harms the public view of law enforcement officials. On the other hand, we must be able to see this murder case from the perspective of the murderer, one of whom is Richard Eliezer in the murder case of Brigadier Joshua Hutabarat. Richard Eliezer was a policeman who killed another policeman, Joshua. In this murder we must be able to see from different perspectives such as the perspective of psychology, sociology and society so that everyone can judge whether the penalty that Richard Eliezer recevied was proper or not. The purpose of this research is to examine from the criminological perspective the premeditated murder perpetrated by law enforcement officers against their aides who should be under their guidance. The methodology used is normative, reinforced by primary data, especially in the material of Court Decision no. 798/Pid.B/2022, statements from witnesses in this premeditated murder case. Then, analyze with secondary data and the law system in the police. It is found that psychology of abuse of power often involves analyzing the motivations and behaviors of individuals who abuse power, as well as the factors that influence and prevent such behavior related to the penalty imposed in the case law, seen from perspectives such as the psychology, sociology and society.
Obstruction of Justice by Lawyer Fredrich Yunadi in the Corruption Case of the E-KTP (Electronic Identity Card) Procurement Project Involving Former People's Representative Council Chairman Setya Novanto Halomoan, Daniel; Hidayat, Figo Edsel; Pahlevi, Jaya; Tama A.P, Rezki; Arta, Rofik Cahya; Bayakta, William Rando
Lex Prospicit Vol. 1 No. 2: July 2023
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v1i2.6947

Abstract

Many lawyers have encountered cases of legal obstruction, which raises concerns since advocates are a respected profession within law enforcement. This paper aims to: (1) provide examples of cases and explain the modus operandi and working system in the case of Fredrich Yunadi's legal obstruction; (2) examine how legal obstacles have become phenomena within the legal profession; (3) offer sociological and psychological perspectives from criminologists; and (4) investigate the implementation and process of punishment for the perpetrators. This research falls under the category of normative research, as the author examines library and secondary materials. The study reviews positive law and legal principles. Primary legal materials, secondary legal materials, and tertiary legal materials serve as the data sources. The data collection method employed is library research or documentary studies. Based on the research findings, two main conclusions can be drawn. First, law enforcement actions in Indonesia have not effectively prevented advocates from being prosecuted for corruption, as not all legal subjects comply with relevant legal norms. This is influenced by three components of law enforcement: legal substance, law enforcement, and legal culture. Second, the connection between law enforcement and lawyers accused of obstructing justice with advocates' right to immunity is related to the fact that the position of advocates is vulnerable to intersect with obstruction of justice when advocates define their right to immunity without considering the limitations stipulated in laws and regulations. This highlights the importance of advocating a code of ethics for advocates.

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