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Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30325862     EISSN : 30325854     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 162 Documents
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Kajian Yuridis Penerapan Pasal 378 KUHP pada Kasus Penipuan Jual Beli Proyek dan Jabatan di Lampung Selatan Nabil El Rosyad; Firganefi Firganefi; Fristia Berdian Tamza
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 3 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i3.1154

Abstract

Fraud in the buying and selling of projects and jobs is becoming more common and is causing unrest in society. The method used by the wrongdoers often involves making false promises and tricking others to gain personal benefits illegally. This study aims to look into how Article 378 of the Criminal Code applies to a fraud case in the buying and selling of projects and jobs in South Lampung, focusing on the Tanjung Karang District Court decision Number 467/PID.B/2023/PN TJK. The study uses a legal method that focuses on laws and specific case studies. Data were collected through literature reviews and examination of relevant court decisions. According to the discussion results, it is clear that the crime of fraud elements, as described in Article 378 of the Criminal Code, are present in this case. The accused was found to have committed deceit and told a series of lies that caused the victim to suffer financial losses. The court ruled that the accused was guilty and gave a sentence that matched the actions taken. The use of Article 378 of the Criminal Code in this case is seen as appropriate, providing protection for the victim and discouraging the offender. The conclusion of this study is that criminal law can effectively address fraud in the buying and selling of projects and jobs if there is strong evidence and proper legal procedures.
Tinjauan Yuridis Pertanggungjawaban Otoritas Jasa Keuangan dalam Penanggulangan Penipuan Investasi Endi Suhadi
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 2 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i2.1175

Abstract

This study aims to provide information about the responsibility of the Financial Services Authority (OJK) in dealing with investment fraud that often harms the community/consumers. Several cases of fraud cannot be properly identified by the Financial Services Authority, actions are taken after the investment institution is proven to have committed fraud. The research method used in this study is normative research strengthened by primary data regarding investment cases. The results of the study indicate that the responsibility of the Financial Services Authority is only in the form of administrative freezing after a fraud case occurs and cannot be requested for material losses because investment is in the private contract area so that it has not been carried out optimally. Legal protection carried out by the Financial Services Authority in the form of prevention, can be done with information services, education, and the existence of a kind of intelligence that actively seeks information on mass investment fraud information in the early stages (up liner).
Peran Hukum dalam Menjaga Keadilan Sosial di Era Digital Nanda Arfianto Nugroho; Arif Bijaksana
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 2 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i2.1176

Abstract

The development of digital technology has changed many aspects of people's lives, including in terms of social justice. On the one hand, digitalization opens up access to information and accelerates global connectivity. However, on the other hand, various serious challenges have emerged in law enforcement. Inequality in access to technology, algorithmic bias, and the rise of cybercrime are the main issues that test the resilience of the current legal system. This paper aims to explore how the law can play an effective and responsive role in maintaining social justice in the digital era. With a qualitative approach based on literature studies, this article presents an analysis of various current academic literature discussing law, social justice, and technology. The results show that the legal system must be able to adapt quickly, not only at the regulatory level, but also in institutional structures and community participation. The role of society is key to building inclusive and sustainable digital justice. Therefore, law in the digital era is not enough to be just a set of rules, but must be a tool for social empowerment that is able to respond to the dynamics of the times without abandoning the values ​​of justice. Collaboration between stakeholders and strengthening digital literacy are important elements in creating a digital space that is fair for all.
Studi Kasus Putusan Pengadilan Niaga Nomor 04/Pdt.Sus-Pailit/2023 PN Niaga Mdn jo. Pengadilan Niaga Nomor 18/Pdt.Sus-Renvoi/2023/PN Niaga Mdn Terkait Penerapan Asas Erga Omnes dan Asas Promulgatie Ditinjau dari Undang-Undang Nomor 37 Tahun 2004 tentang Ke Assyura Zumarnis
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 3 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i3.1190

Abstract

Receivable disputes may be resolved through bankruptcy mechanisms that culminate in a bankruptcy ruling. However, legal issues may still arise post-verdict, such as in Commercial Court Decision Number 18/Pdt.Sus-Renvoi/2023/PN Niaga Mdn, where the receivable claim filed by the Ministry of Environment and Forestry was rejected due to late submission. In resolving the case, the judge considered two legal principles: erga omnes and promulgatie. This paper aims to examine the position of these principles in bankruptcy cases and analyze the judge’s legal reasoning regarding the late submission of receivables under Indonesian bankruptcy law. This study uses a normative juridical approach, with the research specification being analytical-descriptive in nature. The data are secondary in form and are collected through literature review. The method of data analysis employed is qualitative normative analysis. The findings of this study show that the erga omnes and promulgatie principles hold a significant position within Indonesian bankruptcy law. These principles are implicitly reflected in Article 15 paragraph (4) and Article 24 paragraph (1) of the Bankruptcy Law (UUKPKPU). These principles apply insofar as there are no specific provisions limiting their application. In this case, the judge's legal reasoning in deciding the renvoi procedure is deemed inaccurate because there is a specific provision that governs the late submission of receivable claims. Therefore, the application of the erga omnes and promulgatie principles should have been subject to such limitation.
Perlindungan Konsumen Terhadap Jamu Tradisional Ilegal Berbahaya di Kota Serang Banten Nadila Dwi Rahmawati; Aris Prio Agus Santoso; Hery Dwi Utomo
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 2 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i2.1225

Abstract

This study examines consumer protection efforts against the distribution of hazardous illegal traditional herbal medicines in Serang City, Banten. The widespread circulation of such products—particularly those containing Chemical Drugs (Bahan Kimia Obat/BKO) and lacking distribution permits—poses a significant threat to public health. Between 2020 and 2025, the Inspection Division of the Food and Drug Monitoring Agency (BBPOM) in Serang secured and destroyed approximately 706 items, totaling 6,841 units, with an estimated economic value of IDR 91,158,350. The research focuses on two main issues: the mechanisms for protecting consumers from dangerous illegal traditional herbal medicines in Serang City, and the role of BBPOM in supervising their circulation. Employing an empirical juridical method with a qualitative-descriptive approach, the study collected data through literature reviews, documentation, and interviews with BBPOM Serang officials. The findings indicate that consumer protection is carried out through both preventive and repressive measures. Preventive efforts involve pre-market and post-market supervision to ensure that products meet safety and regulatory standards before and after they enter the market. Repressive actions include law enforcement against violations, confiscation and destruction of illegal products, and the imposition of administrative and criminal sanctions on offenders. BBPOM Serang plays a pivotal role in monitoring illegal herbal medicines by conducting regular inspections, surveillance, and investigations of production and distribution facilities, as well as educating the public about the dangers of unsafe products. Nevertheless, supervision efforts are hindered by challenges such as low public awareness regarding product safety and economic pressures that drive some producers and sellers to ignore legal requirements. Strengthening collaboration between regulatory agencies, law enforcement, and community stakeholders is essential to improving consumer protection and ensuring the circulation of safe traditional herbal products in the region.
Aspek Hukum atas Rencana Perdamaian Yang Diajukan Kedua Kalinya dalam Mekanisme PKPU Selama Tahapan Kepailitan Hessy Oktiarifadah; Elisatris Gultom; Anita Afriana
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 4 (2025): Amandemen : Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i4.1244

Abstract

This study examines legal deviations in the implementation of the Suspension of Debt Payment Obligations (PKPU) mechanism, specifically regarding the approval of a peace settlement submitted for the second time after the debtor is declared bankrupt. The study highlights the Supreme Court Decision No. 648K/Pdt.Sus-Pailit/2021, which ratified the second peace settlement in the case of PT Prospek Duta Sukses. This decision is deemed contradictory to the principle of a single peace settlement, as stipulated in Articles 289 and 292 of Law No. 37 of 2004 on Bankruptcy and PKPU, and further reinforced by Supreme Court Circular Letter (SEMA) No. 5 of 2021, which states that a peace settlement in bankruptcy can only be conducted once. Using a normative juridical method, this research analyzes the legal reasoning used by the panel of judges in approving the second peace settlement and evaluates its impact on legal certainty and protection for creditors, who are the affected parties in the bankruptcy process. The approval of a second peace settlement after the debtor is declared bankrupt creates legal uncertainty, as the existing provisions do not provide for more than one peace settlement. Additionally, this decision potentially harms creditors by prolonging the settlement of debts, which should have been clear, thus allowing room for misuse of legal procedures. The findings of the study show that the approval of this second peace settlement not only contradicts the fundamental principles of law but also risks harming creditors, who should be protected by the bankruptcy system to ensure their rights are fairly met. Therefore, this research suggests that consistent application of the law, in line with existing provisions, is necessary to uphold the principles of justice, legal certainty, and the credibility of the national bankruptcy system. Furthermore, reforms in regulations or law enforcement are needed to ensure that legal practices operate in accordance with principles that are fair and transparent.
Pembahasan Kilat Undang-Undang Nomor 3 Tahun 2022 tentang Ibu Kota Negara di Era Rezim Presiden Joko Widodo Hoshi Rahma Saraswati
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 4 (2025): Amandemen : Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i4.1279

Abstract

This study aims to examine the process of enacting Law Number 3 of 2022 concerning the Capital City, which was completed in a relatively short period of only 42 days. The main focus of this research is to assess whether the legislative process was in accordance with the principles of proper law-making as stipulated in Law Number 12 of 2011 on the Formation of Laws and Regulations. This study employs a normative legal research method with a literature-based approach, relying on the analysis of legislation, legal literature, and relevant official documents. The findings indicate that the drafting process of the Capital City Law was conducted hastily and did not fully comply with the applicable provisions. This is reflected in the limited public participation, the lack of transparency in the deliberation, and the absence of democratic principles that should guide the law-making process. The fact that the bill was deliberated in only 42 days demonstrates a legislative process that was neither ideal nor substantive in nature. Moreover, the accelerated process tends to reflect a conservative and elitist character, in which the aspirations of the wider community were insufficiently accommodated. In conclusion, the enactment of Law Number 3 of 2022 cannot be considered ideal from the perspective of constitutional law or democratic principles. Therefore, it is necessary to evaluate and reform legislative mechanisms to ensure that future law-making processes are more participatory, transparent, and truly reflective of the interests of the people.
Penerapan dan Integrasi Prinsip-Prinsip Hukum terhadap Penyelundupan Hukum yang Berlaku Dikontrak Dagang Internasional Yulian Dwi Nurwanti; Adhy Nugraha; Bambang Tresno wahyudi
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 4 (2025): Amandemen : Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i4.1283

Abstract

A country in its efforts to prosper the people requires a lot of money. For this reason, financial resources are needed to finance the state, which come from Customs levies and other legal levies. Smuggling crime is a serious problem in the administration of the state economy, this is because if smuggling increases with various physical, or administrative forms, it will result in more money not being collected by a country, thus hampering the targets set by the state through customs levies which are expected to increase every year. Legal smuggling is an act that aims to avoid the application of national law so that the person concerned obtains a certain benefit according to his wishes. This smuggling consists of two types, namely physical smuggling and administrative smuggling. Legislation regarding smuggling offenses is contained in Law Number 17 of 2006 concerning Amendments to Law of the Republic of Indonesia Number 10 of 1995 concerning Customs. And the parties responsible and related to the field of customs and excise must be more selective in checking export and import goods entering or leaving Indonesia, because misuse of procedures or authority will have a major impact on state losses.
Relevansi Restorative Justice dalam Penyelesaian Perkara Pemalsuan Uang yang Dilakukan oleh Anak Najwa Deisya Mayla; Fristia Berdian Tamza; Diah Gustiniati Maulani; Dona Raisa Monica; Refi Meidiantama
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 4 (2025): Amandemen : Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i4.1284

Abstract

This research aims to analyze the relevance of applying restorative justice in resolving counterfeiting cases committed by children, by examining the normative, juridical, and practical aspects within Indonesia’s juvenile criminal justice system. The background of this study arises from the dilemma between protecting the rights of children as offenders and the state’s obligation to maintain economic stability and public trust in the national currency. The research method employed is juridical-descriptive with a normative approach,. The implementation of restorative justice can still safeguard public interests, provided it involves relevant institutions such as Bank Indonesia and produces measurable recovery agreements. Thus, restorative justice serves as an alternative approach that balances child protection and legal certainty, while also contributing to the prevention of counterfeit money circulation in society.
Kekuatan Hukum Memorandum of Understanding (MoU) pada Perjanjian Pageant Miss Beauty Jatim 2022 Fresil Nurassyafa Almayunda; Hardian Iskandar; Dodi Jaya Wardana
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 4 (2025): Amandemen : Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i4.1287

Abstract

The Memorandum of Understanding (MoU) is a preliminary agreement in contracts established under the Common Law system, and this research is based on the increasing phenomenon of using MoUs as an initial form of agreement in various fields, including the organization of beauty pageants; however, in practice, there remains ambiguity regarding the extent to which an MoU has binding legal force, particularly when one party commits a breach of contract or when disputes arise, thus this study formulates two main issues, namely the legal status of the parties involved in the MoU of the Miss Beauty East Java 2022 pageant agreement and the legal consequences of the non-performance of such MoU, employing a normative juridical method through statute, conceptual, and case approaches to analyze the practice of MoUs in Miss Beauty East Java 2022, and the findings indicate that although MoUs are not explicitly regulated in the Indonesian Civil Code, they may be considered preliminary agreements subject to the principle of freedom of contract under Article 1338 of the Civil Code, with the legal status of the parties being binding as long as the MoU fulfills the essential elements of a valid contract (agreement, legal capacity, specific object, and lawful cause), while the legal consequences of non performance may give rise to legal liability resolved through non-litigation efforts such as mediation or arbitration, or ultimately through litigation if amicable settlement fails, leading to the conclusion that the MoU in the Miss Beauty East Java 2022 pageant possesses binding legal force as a preliminary agreement rather than merely a moral commitment, provided that it is clearly drafted and meets the validity requirements of a contract under Indonesian law.

Page 14 of 17 | Total Record : 162

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