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Dian Eka Kusuma Wardani
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JL. KANDEA 1 NO.27 UNIVERSITAS SAWERIGADING MAKASSAR
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INDONESIA
Sawerigading Law Journal
Published by Universitas Sawerigading Makassar
ISSN : -     EISSN : 28284054     DOI : 10.62084/slj
Core Subject : Humanities, Health, Education, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Public Health Other
Sawerigading Law Journal (SLJ) adalah jurnal akses terbuka peer-review yang bertujuan untuk menerbitkan manuskrip penelitian berkualitas tinggi serta analisis konseptual yang mempelajari bidang hukum tertentu, seperti: Hukum Pidana Hukum Tata Negara Hukum Perdata dan Kontrak Hukum Hak Asasi Manusia Hukum Politik Hukum Ekonomi dan Bisnis Hukum internasional Hukum Agama dan Syariah Hukum adat Hukum Lingkungan Pendidikan Hukum Hukum Komparatif.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 23 Documents
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Etika Profesi dalam Perspektif Hukum: Tantangan dan Implementasi Eka Kusuma, Dian
Sawerigading Law Journal Vol. 3 No. 1 (2024): September 2023 - Maret 2024
Publisher : Fakultas Hukum, Universitas Sawerigading Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62084/slj.v3i1.398

Abstract

Professional ethics are the moral foundation that underlies the behavior and responsibilities of a professional in carrying out his/her duties. In the legal field, the application of professional ethics has a strategic role in maintaining integrity, justice, and public trust in the legal profession. This article aims to analyze the concept of professional ethics in the legal realm and the challenges faced in its implementation in Indonesia. This study uses a normative juridical method with a conceptual approach and case study analysis. The results of the study show that although there have been clear regulations regarding the code of ethics of the legal profession, there are still violations caused by lack of supervision, conflicts of interest, and weak sanctions. To overcome this problem, strengthening regulations, stricter supervision, and ongoing ethics education are needed.
Pertanggungjawaban Pidana Korporasi dalam Tindak Pidana Pencucian Uang di Indonesia: Penguatan Kerangka Normatif dan Penegakan Hukum Apriany Marwan, Wiwiek
Sawerigading Law Journal Vol. 3 No. 1 (2024): September 2023 - Maret 2024
Publisher : Fakultas Hukum, Universitas Sawerigading Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62084/slj.v3i1.435

Abstract

Corporate crime, particularly in the form of money laundering, increasingly challenges the integrity of the legal system and the economy by exploiting legal structures, the complexity of financial transactions, and weaknesses in corporate governance. This article provides a normative legal analysis of the construction of corporate criminal liability in money laundering, the main problems in law enforcement, and the direction of strengthening criminal law policy. The method used combines a legislative and conceptual approach by interpreting norms, constructing the doctrine of corporate criminal liability, and reviewing research findings related to the practices of evidence and asset recovery. The results of the study show that the positive legal framework actually provides a basis for prosecuting corporations and their controllers, including through fines, asset forfeiture, business activity restrictions, and other additional sanctions. However, law enforcement practices still face various obstacles, including difficulties in compiling comprehensive indictments, limited capacity for asset tracing and confiscation, weak coordination between institutions, suboptimal disclosure of beneficial owners, and an underdeveloped culture of internal compliance. This article recommends refining the corporate criminal liability model, reorienting the design of sanctions to focus on deterrence and recovery of losses, strengthening the asset confiscation regime, optimizing ownership transparency, and increasing the capacity and synergy between law enforcement agencies and business actors so that the regime for combating corporate money laundering is more effective and sustainable. The theoretical and practical contributions of this paper lie in mapping implementation gaps and offering policy reforms that are more responsive to the nature of modern corporate crime.
Perbuatan Melawan Hukum Oleh Pemerintah Dalam Perspektif Keperdataan Dan Administrasi Negara Irfan Syafar; Herman; Firmansyah
Sawerigading Law Journal Vol. 4 No. 2 (2025): September 2025 - Maret 2026
Publisher : Fakultas Hukum, Universitas Sawerigading Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62084/slj.v5i1.445

Abstract

Government actions can have implications for two legal conditions, namely civil and state administration aspects, which allow the government, under certain conditions, to commit unlawful acts as a legal subject (Onrechtmatige Daad) and unlawful acts as an organization (Onrechtmatige Overheidsdaad). Specifically, this study aims to examine and analyze unlawful acts by the government in the context of civil and state administration. It should provide a comprehensive description of government actions as unlawful acts when the government acts as a legal subject and plays a role as a state institutional organization, thereby distinguishing the actions taken by the government relevant to their legal consequences. This research is descriptive and analytical in nature, intended to provide a substantial overview of the focus of the research by utilizing legal norms, basic theories, and the principles of Good Governance as a basis for crystallizing a valid argument so as to answer the research questions. This study shows that unlawful acts by the government must be understood integrally through two main perspectives: civil law and administrative law. From a civil law perspective, the assessment of unlawful acts is based on the fulfillment of the elements of action, fault, loss, and causality. Meanwhile, from the perspective of administrative law, the assessment is carried out through the parameters of authority, procedure, substance, and the general principles of good governance. This study concludes that unlawful acts by the government are a complex legal phenomenon involving elements of civil and administrative law. The government, as a subject of public law, is obliged to act within the corridor of applicable legal norms, and if it violates the elements of unlawful acts, it can be held civilly liable for compensating the losses suffered by citizens. An inclusive juridical approach to these unlawful acts, which considers not only formal legal aspects but also normative and social aspects, is essential to ensure substantive justice and accountability in government administration

Page 3 of 3 | Total Record : 23

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