LAWPASS
LAW & PASS: International Journal of Law, Public Administration and Social Studies is an open access scientific journal published by PT. Multidisciplinary Press Indonesia which contains studies in the fields of law, public administration and social studies both theoretically and empirically. The focus of this journal is divided into 3 general scientific disciplines, including: Law (civil law, criminal law, constitutional law, international law, procedural law, customary law, and Islamic law) Public Administration (Public Service Management, Public Sector Human Resources, Disaster Management, Population and Environmental Administration, Land Administration, Public Economy and Public Finance, Public Policy, Bureaucracy and Public Government, Digital Government, Political Policy, Regional Government, Decentralization and Regional autonomy) Social Studies (Sociology, Policy and Administration, Political Science, Anthropology, Demography, Human Geography, Communication, Community Professions, Criminology, Other studies related to society, including community service). This journal is published 2 months, namely February, April, June, August, October and December.
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Optimizing Supply Chain Management Strategies in Improving Supply Performance
Siti Masruroh, Naila;
Alhidayatullah, Alhidayatullah;
Arrini Lestari, Nurni
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 5 (2025): December
Publisher : PT. Multidisciplinary Press Indonesia
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DOI: 10.47353/lawpass.v2i5.32
This study aims to determine the influence of supply chain management in improving supply chain operational performance. The research method uses a quantitative approach. The population in this study is retail stores in Cempaka Cianjur District totaling 100 retail stores with a sample framework using purposive random sampling techniques. The data analysis technique is Partial Least Square Structural Equation Modelling (PLS-SEM). The results of the study explain that 1) Supply chain organization does not have a significant influence on the supply chain strategy. 2) Supply agility has a significant influence on the supply chain strategy. 3) Supply chain organization has no significant influence on supply performance. 4) Supply agility has a significant influence on supply performance. 5) Supply chain strategy has a significant influence on supply performance.
Criminal Responsibility in the Corruption Case of Bumdes Lentong Village, Baharu District, Aceh Singkil Regency: (Analysis of Decision Number 5662 K/Pid.Sus/2022)
Enintha Pandia, Eunike;
Reiforman Waruwu, Tata;
Armaini, Agus;
Adawiyah, Rodiatun
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 5 (2025): December
Publisher : PT. Multidisciplinary Press Indonesia
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DOI: 10.47353/lawpass.v2i5.33
Every act must have the courage to carry out responsibility, the defendant who commits a criminal act of corruption must be given a prison sentence based on Article 2 of Law Number 20 of 2001 concerning Corruption Crimes. Decision Number 5662 K/Pid.Sus/2022, concerning the Corruption case committed by 2 (two) village officials from Lentong Village, Baharu District, Aceh Singkil Regency who committed corruption against BUMDes amounting to IDR 332,400,000 (three hundred and thirtytwo million four hundred thousand rupiah). This thesis is entitled: Criminal Responsibility in the Bumdes Corruption Case in Lentong Village, Baharu District, Aceh Singkil Regency (Analysis of Decision Number 5662 K/Pid.Sus/2022). The formulation of the problem is how the law protects defendants of criminal acts of corruption and how the Supreme Court Judge considers it in the case of Decision Number 5662 K/Pid.Sus/2022.
Corporate Vicarious Liability in the Crime of Participating in Bribery in Indonesia
Ferdinan Wangania, Yusof;
Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 5 (2025): December
Publisher : PT. Multidisciplinary Press Indonesia
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DOI: 10.47353/lawpass.v2i5.45
The complexity of the corporate landscape has positioned enterprises as key actors in criminal offenses, including bribery. Although the National Criminal Code (Law No. 1/2023) recognizes corporations as subjects of criminal law, the application of vicarious liability in corporate bribery cases remains underexplored. This study examines the implementation of vicarious liability for corporations in the context of bribery in Indonesia, particularly after the enactment of the National Criminal Code. Utilizing a juridical-normative methodology and statutory and conceptual approaches, this research analyzes primary and secondary legal materials qualitatively and descriptively. The findings reveal that the National Criminal Code incorporates the concepts of identification and vicarious liability into corporate accountability, extending the scope to include those in de facto control of the organization. Applying vicarious liability in bribery cases requires proof of a causal link between the bribery act and the corporation's interests. This study contributes to the alignment of vicarious liability with established principles of criminal law and provides insights into corporate accountability under the new Criminal Code framework.
The Urgency of Implementing Corruption Crime Asset Confiscation in The Context of Recovering State Losses
Anwar, Muhammad;
Achmad Darodjat, Tubagus
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 5 (2025): December
Publisher : PT. Multidisciplinary Press Indonesia
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DOI: 10.47353/lawpass.v2i5.46
Return of assets resulting from criminal acts of corruption based on Article 10 of the Criminal Code and Articles 18, 19 of Law no. 20 of 2001 concerning the Eradication of Corruption Crimes, cannot yet be used as a basis for maximizing the return of State losses, applying replacement money sanctions under Article 10 of KUHP and Articles 18 and 19 of UU TIPIKOR is fraught with difficulties. In court rulings for criminal acts of corruption that have permanent legal effects, the quantity of money resulting from the act and the burden of state losses in corruption are never equal (Inkracht). The amount returned to the state is reduced due to corruption crimes. In a judge's decision that has permanent legal force (Inkracht) ordering perpetrators of criminal acts of corruption to return the money that was corrupted and/or money obtained from criminal acts of corruption, in practice, it often happens that perpetrators are unable to pay replacement money, so they prefer to replace it with prison punishment. Prison sentences are often used as a loophole to avoid paying compensation so that the state still suffers losses even though it has been proven in court. Therefore, the appropriate strategy for recovering and returning state losses in the context of realizing state financial justice is to confiscate the assets of perpetrators of criminal acts of corruption by the value of the state losses incurred by corruption by giving the authority to the Public Prosecutor to submit asset confiscation to the court to confiscate the assets of perpetrators of criminal acts of corruption before a court decision or before there is a lawsuit.
Legal Protection For Construction Service Providers in Cases of Building Failure
Anrizal, Anrizal;
Sami'an, Sami'an;
Hardjomuljadi, Sarwono
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 5 (2025): December
Publisher : PT. Multidisciplinary Press Indonesia
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DOI: 10.47353/lawpass.v2i5.53
Building failure is a condition of collapse or non-functioning of a building when the final handover of construction services is carried out where this is caused by negligence on the part of the Service Provider, so that they are obliged to be responsible for the failure that exists. The problems in this study include 1) How to implement legal protection for construction service providers in cases of building failure. 2) What are the weaknesses in implementing legal protection for construction service providers in cases of building failure so that they are not yet fair. 3) How to reconstruct legal protection for construction service providers in cases of building failure based on the value of justice. The approach method used is empirical juridical. In this study, the theory used is the Pancasila Justice Theory. The results of the study found that the implementation of legal protection for construction service providers, especially related to building failure problems, has not been based on the principle of justice because building failure problems should be resolved through civil law and administrative sanctions, not criminal action. And related to various weaknesses in the implementation of legal protection are still found, where this is caused by the weakness of existing legal regulations, law enforcement structures and community culture.