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The Digest: Journal of Jurisprudence and legisprudence
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27460371     DOI : https://doi.org/10.15294/digest
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal is published in Bahasa and English, both print and online versions. The Digest is also intended to be an Indonesian and International forum for discussion and analysis of court decisions. Each issue of The Digest: Journal of Jurisprudence and Legisprudence includes insightful analysis and discussion on court decisions.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
 1   2 
Inaccuracy of the State Attorney in Drafting a Lawsuit that Causes a Non-Executable Judgement: Case Study in Civil Case No. 06/Pdt. G/2015/PN.Bbs Puspita, Natalia Diah Ayu; Christy, Maria Acynta
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 1 (2024): The Digest, June 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i1.3339

Abstract

Verdict Number: 06/Pdt.G/2015/PN.G/2015/PN.Bbs cannot be executed, even though it has become inkracht (final and binding). This situation contradicts the indicators of law enforcement assessment, which state that civil courts should not face unreasonable delays, must enforce decisions effectively, and must uphold the objectives of achieving justice, expediency, and legal certainty. This research examines the plaintiff's errors in preparing the lawsuit, which led to the non-executable verdict, and explores how to properly draft a lawsuit to ensure its execution. This study is normative legal research, where the research materials are analyzed qualitatively and presented descriptively. The findings of this research reveal that several mistakes made by the plaintiff contributed to the verdict’s non-execution. These errors include the plaintiff’s failure to include non-punitive claims and to attach a request in the lawsuit. The plaintiff also did not provide the title deed for the disputed land, and the positum and petitum were drafted asynchronously, with the claim for compensation mixed with the request for dowry. It is essential for the plaintiff to be meticulous when drafting the petitum, as any errors in this stage can impact the judge’s decision. The lawsuit must be prepared thoroughly and specifically, stating the legal grounds and structuring the petitum in accordance with these grounds and the factual circumstances. Additionally, the plaintiff should avoid combining compensation claims with requests for dwangsom (penal sanctions) in the same petitum.
Corporate Criminal Liability of Corruption Criminal Actions PT. Sinarmas Asset Management: Study of Supreme Court Ruling Number 1228 K/Pid.Sus/2023 Indraswara, Dede; Masyhar Mursyid, Ali; Wulandari, Cahya
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 2 (2024): The Digest, December 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i2.3984

Abstract

Corporations, as legal entities, can be held criminally liable for corruption offenses under Indonesian law. The legal framework in Indonesia recognizes corporations as subjects of criminal law, as outlined in Law No. 20 of 2001 concerning the Eradication of Corruption Crimes (UU Tipikor). However, there are still gaps in the law, particularly regarding main and additional penalties for corporate entities. The introduction of Law No. 1 of 2023 concerning the Criminal Code (KUHP Nusantara) addresses these shortcomings by providing more comprehensive regulations on corporate criminal liability, particularly for corruption-related offenses. This study employs a qualitative research approach, using legislative analysis, case law examination, and conceptual analysis. The research is doctrinal and juridical-normative, relying on literature studies and document analysis of statutory regulations and court decisions regarding corporate corruption. The study focuses on the corruption case involving PT. Sinarmas Asset Management (PT. SAM), where the corporation was held criminally liable under both the Anti-Corruption Law and the Indonesian Criminal Code. The research reveals that the Indonesian Criminal Code offers more detailed provisions, including additional penalties for corporations convicted of corruption. The case study also highlights significant legal developments in the trial process. Initially, the District Court convicted PT. SAM of corruption, but this verdict was overturned by the Jakarta High Court, which acquitted the company. However, the Supreme Court disagreed with the lower courts and upheld the conviction, continuing to impose penalties on PT. SAM for the mismanagement of unauthorized funds. This case underscores the complexities of corporate criminal liability in corruption cases and the evolving nature of judicial interpretations of corporate accountability in Indonesia.
Plagiarism Trademark Dispute between Ms Glow and Ps Glow: Case Study Judge's Decision No. 2/Pdt.Sus-HKI/Merek/2022/PN Niaga Mdn Junaidi; Hodriani; Perangin-angin, Reh Bungana Beru
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 1 (2024): The Digest, June 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i1.7032

Abstract

In the realm of business and competitive markets, branding plays a crucial role. A brand serves as a key identifier with the primary goal of distinguishing an entrepreneur's products from those of competitors. This article examines the trademark dispute between MS Glow and PS Glow, revealing two different rulings from the same legal case, specifically the cancellation of a trademark. The differing interpretations of the Trademark and Geographical Indications Law by the judges have raised concerns, prompting scrutiny of the clarity in the application of trademark law in Indonesia. This research uses a normative method, utilizing secondary data that includes primary legal materials such as court decisions and legislative texts related to trademarks. Additionally, secondary legal materials such as journals and books are referenced to enhance understanding. The data analysis methodology employed is qualitative juridical analysis. The findings show that both cases share a common issue similarity in beauty product brands. Each party claims to possess legitimate intellectual property rights and asserts that they have avoided any trademark infringement. Notably, the legal dispute between PS Glow and MS Glow does not fall under the Nobis in Idem principle, as the lawsuit filed in the Surabaya court was initiated before the Medan Commercial Court’s decision had been finalized. This study offers important insights into trademark disputes, the application of trademark law in Indonesia, and the complexities involved in handling trademark conflicts between competing parties.
Legal Politics of Implementing Public Housing Savings in Government Regulation Number 21 of 2024 based on the Siyasah Maliyah Perspective Nadiya
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 1 (2024): The Digest, June 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i1.7546

Abstract

The Tapera Programme is designed to assist Indonesians, particularly those who need financial support to purchase their first home. However, shortly after the programme’s official enactment under Government Regulation (PP) No. 21 of 2024, it faced significant public criticism. The policy was viewed as burdensome for low-income workers and unfair to middle-income earners. Despite strong opposition, the government maintained its stance, asserting that the Tapera Programme would not be delayed. This research examines three key aspects: 1) the political and legal reasoning behind the formulation of policies in PP No. 21 of 2024 concerning the Tapera Implementation Programme; 2) a comparative study of the implementation of similar housing savings programmes in other countries; and 3) an assessment of the Tapera Programme from the perspective of Siyasah Maliyah, or Islamic financial governance. Using a normative juridical research approach, the study employs both legislative and conceptual methodologies. The research reveals that the Tapera Programme is intended to support low-income communities (MBR) by easing the financial burden of home ownership through interest incentives on mortgage payments. However, the proposed implementation mechanism was unclear, and the absence of a dedicated fund management body led to concerns about potential corruption. The study also finds that, unlike in other countries where housing savings funds are voluntary and often integrated with pension schemes, Tapera contributions are mandatory, with funds restricted to housing purposes. Lastly, the Siyasah Maliyah review highlights that the programme must comply with Islamic financial principles, ensuring it provides benefits to the public while adhering to ethical financial practices, such as avoiding interest (riba). This research provides policy insights, comparative perspectives, and an evaluation of Tapera from an Islamic financial governance standpoint, offering valuable recommendations for improving the programme and ensuring its alignment with public interest and Islamic law.
Gender Equality as Human Rights: Efforts to Empower Women and Improve Family Welfare in Boja Village Anis Widyawati; Dian Latifiani; Lyna Latifah; Rohadhatul Aisy; Shofriya Qonitatin Abidah; Siti Amatil Ulfiyah; Amel Ellsamia Indiyani; Adilia Putri Kusuma; Heru Setyanto
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 1 (2024): The Digest, June 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i1.9006

Abstract

The research aims to explore the socio-political dimensions of gender justice and human rights, emphasizing women's political equality while ensuring appropriate support for family life. Using a combination of field research (non-doctrinal) and a literature review of primary sources, including those related to Boja Village, the paper analyzes legislative changes and economic initiatives that have enhanced women's status and family welfare. The study also examines global and national gender-equality indices, evaluating their progress through both quantitative indicators and qualitative policy assessments/public opinion. The discussion highlights the complex roles of governments, non-governmental organizations, and women’s activist groups in advocating for gender parity on a global scale. While many aspects of life have seen improvements, cultural and economic challenges, along with institutional remnants, continue to hinder equal opportunities for both men and women. The coordinated approach to women’s and family welfare emphasizes gender- and culture-sensitive empowerment of the individual. The chapter concludes with policy and practice recommendations aimed at fostering more gender-sensitive interventions, accelerating progress toward universal human rights, and advancing the sustainable development agenda.
Tracing the Legal Path: An Analysis of the Bankruptcy Decision: Case of Bankruptcy Supreme Court Decision No. 559 K/Pdt.Sus-Pailit/2015 A'am Amirulhaq
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 1 (2024): The Digest, June 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i1.19041

Abstract

This study analyzes Decision No. 559 K/Pdt.Sus-Pailit/2015, which involves a bankruptcy petition filed by creditors against PT Hong Seng Papua International. Utilizing a normative legal research methodology, the research focuses on relevant legal frameworks, particularly Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The analysis reveals that PT Hong Seng has two creditors and has defaulted on its matured debt obligations, prompting the Makassar Commercial Court to declare the company bankrupt. The importance of written documentation, such as debt acknowledgment letters and loan agreements, is emphasized as crucial evidence for the bankruptcy claim. The study concludes that the Commercial Court's decision aligns with existing legal provisions, resulting in the rejection of the debtor's cassation petition. These findings significantly enhance the understanding of bankruptcy law application in Indonesia and its implications for future legal practices. The research highlights the necessity for clear and structured documentation in financial transactions to protect creditor rights and maintain the integrity of the legal system. Ultimately, this case not only sheds light on a specific bankruptcy situation but also addresses broader issues related to the enforcement of bankruptcy laws in Indonesia, underscoring the need for stringent adherence to legal documentation standards in financial dealings. This understanding is vital for both debtors and creditors to navigate their rights and obligations effectively, fostering a more responsible approach to debt management and strengthening trust within business relationships.
Disputes in the Civil Realm as a Justification for Eliminating Criminal Acts from The Perspective of The New Criminal Code: Study of Decision Number 225/Pid.B/2019/PN. Btl Diaudin; Cahya Wulandari; Ali Masyhar Musyid
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 2 (2024): The Digest, December 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i2.19042

Abstract

This research investigates significant changes in the criminal law approach to disputes in the civil realm, specifically focusing on the justification for excluding certain criminal acts under the new Criminal Code. This shift reflects the evolution of criminal law towards a more equitable and human rights-oriented system of law enforcement. The main objective of this research is to analyze the implications and changes introduced by the new Criminal Code concerning the recognition of civil disputes as a justification for eliminating criminal acts. Additionally, the research aims to understand the impact of these changes on criminal law practice and their effect on justice within the legal system. This study employs normative legal research methods, involving the analysis of laws, legal regulations, court decisions, and relevant legal literature. A qualitative approach is used to examine and understand the changes in the new Criminal Code and their practical implications for criminal law enforcement. The findings indicate that the new Criminal Code provides greater recognition of civil disputes as a valid justification for eliminating criminal liability. This change reflects efforts to create a criminal law system that is more inclusive and sensitive to ethical values, morality, and justice. In practice, this shift alters the approach to law enforcement in cases involving civil disputes, aligning the criminal law system more closely with principles of fairness and human rights.
Progressive Law Dialectics: Statesmen’s Role as Constitution Guardians and the Independence of Indonesia's Constitutional Court Endriyani Lestari; Fitria Damayanti; Uche Nnawulezi
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 2 (2024): The Digest, December 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i2.19043

Abstract

This study examines the filling of public offices with special criteria, as outlined in the constitution, which applies specifically to Constitutional Court judges. However, the term "statesman" is not explicitly defined in the criteria. Progressive law, de facto, emphasizes the substantive dimension of justice in the pursuit of upholding the right to justice and democracy. This paper explores the reconstruction of recruitment and external supervision of constitutional judges, focusing on the qualifications of statesmen from a progressive legal perspective. It also discusses the relevance of the progressive legal understanding of statesman qualifications to the independence of the Constitutional Court in Indonesia. The method employed in this research is normative juridical, conducted through literature review. The findings suggest that constitutional decisions and policies should be based on a justice dimension grounded in progressive law. The qualification of a statesman can be assessed through a track record of daily actions and relationships with the broader environment. By applying statesman qualifications to constitutional judges, it signals their capability and compatibility in ensuring the independence of institutions that prioritize justice in state governance and public administration.
Unraveling Bankruptcy: A Detailed Analysis of the PT Pazia Retailindo Case Priska Maulidina Ayu Ananta
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 2 (2024): The Digest, December 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i2.19044

Abstract

Decision Number 44/Pdt.Sus-Pailit/2020/PN Niaga Jkt.Pst. discusses the bankruptcy process of PT Pazia Retailindo, initiated by two petitioners, PT Dana Kaya and Ambar Bawono. This study aims to identify the legal relationships among the parties involved and analyze the evidence submitted to support the bankruptcy petition. The method used is normative legal writing, focusing on the provisions of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The analysis shows that all requirements for the bankruptcy petition have been met, including the existence of more than one creditor, debts that have fallen due, and facts that can be proven simply. The judge decided to grant the bankruptcy petition, appointing a curator to manage the debtor's assets, and emphasized the importance of simple evidence in the bankruptcy legal process. This decision underscores the protection of creditor rights and fairness in the management of bankruptcy assets, reflecting the implications of the debtor's failure to fulfill its obligations.
Critically Reveal The Dimensions of Damage From Unauthorized Use of Personal Data: Study of Decision Number 78/Pid.Sus/2024/PN. Tng Putra, Tegar Islami; Fibrianti, Nurul; Fakhis, Adinda Zeranica Putri; Mohammad Raziq Fakhrullah
The Digest: Journal of Jurisprudence and Legisprudence Vol. 5 No. 2 (2024): The Digest, December 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v5i2.19941

Abstract

Unauthorized use of personal data can cause harm to personal data subjects. In its mandate, Decision Number 78/Pid.Sus/2024/PN Tng provides a general outline of the potential harm that may occur to personal data subjects. However, the decision does not specifically explain the forms of loss and its impact on personal data subjects. This research critically discusses the forms of crimes causing harm and their impact on personal data subjects' damage due to unauthorized use of personal data in Decision Number 78/Pid.Sus/2024/PN Tng. The research employs the Library Research method, also known as Legal Research, which focuses on analyzing primary and secondary legal materials based on existing literature. The findings indicate that several general regulations in Indonesia address the crime of unauthorized use of personal data, including Law Number 24 of 2013, Law Number 1 of 2024, Law Number 14 of 2008, and Law Number 27 of 2022. Meanwhile, Decision Number 78/Pid.Sus/2024/PN Tng outlines the damage to personal data subjects resulting from unauthorized use of personal data, with this study revealing various impacts of damage both materially and non-materially.

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