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Corpus Juris : Jurnal Ilmu Hukum
Published by Lembaga Pendidikan dan Penelitian Manggala Institute
ISSN : -     EISSN : 31099173     DOI : https://doi.org/10.62335/corpusjuris.v1i1.743
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and another section related contemporary issues in law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 17 Documents
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KEPASTIAN HUKUM MENGENAI TANGGUNG JAWAB SOSIAL PERUSAHAAN DALAM MEWUJUDKAN PEMBANGUNAN BERKELANJUTAN harmaein harmaein; Khalimi Khalimi; Gatut Hendro Tri Widodo
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 1 No. 2 (2025): CORPUS JURIS : Jurnal Ilmu Hukum, Desember 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v1i2.2124

Abstract

This research is motivated by the existence of legal provisions governing corporate social responsibility (CSR), which are expected to contribute to sustainable development, yet in practice various irregularities remain prevalent, including the misuse of CSR funds by several major corporations. The issues examined concern the legal framework of CSR under Law Number 40 of 2007 on Limited Liability Companies and the extent to which legal certainty is ensured in its implementation to achieve sustainable development. The purpose of this study is to analyze the legal construction of CSR and to evaluate its effectiveness and legal certainty in supporting sustainable economic, social, and environmental development. The theoretical foundations employed are the theory of legal certainty and responsive law theory. This research employs a normative legal methodology using the statutory approach, the case approach, and the comparative approach. The data sources consist of primary legal materials such as statutes and government regulations, secondary legal materials including literature, journals, and expert opinions, and tertiary legal materials such as dictionaries and information media. Data were collected through library research, while analysis was carried out using grammatical and systematic interpretation to assess the consistency of CSR provisions with the concept of legal certainty and their implementation in practice. The results of the study indicate that, normatively, the regulation of CSR in Indonesia has a clear legal basis through Law Number 40 of 2007 and Government Regulation Number 47 of 2012. However, the legal certainty of its implementation remains suboptimal due to normative ambiguities, particularly regarding budgeting mechanisms, standards of propriety and reasonableness, and sanctions for companies that fail to implement CSR. Cases of CSR misappropriation further demonstrate weaknesses in oversight and inconsistent enforcement. This research concludes that to realize sustainable development, regulatory strengthening, enhanced transparency, and more effective supervisory mechanisms for CSR implementation are required.
PERTANGGUNGJAWABAN PIDANA KURATOR PELAKU TINDAK PIDANA PEMALSUAN SURAT DALAM PENGURUSAN HARTA PAILIT Ade Nandar Silitonga; Tofik Yanuar Chandra; Mohamad Ismed
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 1 No. 2 (2025): CORPUS JURIS : Jurnal Ilmu Hukum, Desember 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v1i2.2223

Abstract

In recent years, there has been growing concern regarding indications of an increase in the practice of document forgery committed by certain curators in the context of bankruptcy administration. This study aims to examine and analyze the forms of criminal acts of document forgery in the administration of bankruptcy by curators, as well as the criminal liability of curators who commit such offenses. The theoretical framework employed in this research includes the theory of criminal liability and the theory of punishment. The results of the study indicate that the forms of criminal acts of document forgery in bankruptcy administration by curators include the creation of fictitious documents, alteration of authentic documents, manipulation of receipts, asset value manipulation, and the use of false deeds or creditor lists with the intent to deceive or mislead relevant parties. These actions not only harm creditors and disrupt the lawful distribution of bankruptcy assets but also undermine the integrity of the bankruptcy process, causing economic and moral losses. The criminal liability of curators for these acts is absolute and personal, as curators, in addition to violating the provisions of Articles 263, 264, or 266 of the Criminal Code, also betray their pro justitia mandate and fiduciary duties as guarantors (Garantenstellung) of the bankruptcy estate. The intentionality (dolus) of such acts, along with their impact on creditors and the bankruptcy system, aggravates the severity of the misconduct. Therefore, professional independence does not confer immunity; rather, it serves as an aggravating factor, making criminal sanctions necessary to uphold justice, provide deterrence, protect the bankruptcy system, and maintain broader socio-economic stability
PENEGAKAN HUKUM PIDANA TERHADAP KERUSAKAN LINGKUNGAN OLEH PERTAMBANGAN EMAS TANPA IZIN DIKABUPATEN MERANGIN Permata, Hani Alisia; Ismed, Mohamad; Basuki , Basuki
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 1 No. 2 (2025): CORPUS JURIS : Jurnal Ilmu Hukum, Desember 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v1i2.2333

Abstract

Research Objectives: 1) To examine and analyze the handling of illegal gold mining (PETI) perpetrators who cause environmental damage. 2) To examine and analyze law enforcement against PETI perpetrators by prioritizing the restoration of the resulting environmental damage. Research Methods: This research employs a normative legal research method with several approaches: the statute approach, conceptual approach, analytical approach, philosophical approach, and case approach.Research Results: The Indonesian Forum for Environment (WALHI) of Jambi Province stated that as of 2025, the forest area damaged by illegal gold mining in Merangin is estimated to exceed 17,936 hectares. The handling of PETI perpetrators by the Merangin Regency Government, the Police, and the Governor of Jambi has not been optimal, despite the issuance of the Governor of Jambi's Circular Letter No. 414/491/DPMD/2025 regarding PETI. Law enforcement against PETI perpetrators has not yet achieved the three fundamental legal pillars: legal certainty (rechtssicherheit), utility (zweckmassigkeit), and justice (gerechtigkeit). This is due to several factors: a) the legal substance governing PETI, b) the lack of firmness among law enforcement officials, and c) the legal culture of the community regarding PETI activities, while law enforcement facilities remain adequate. Criminal sanctions for PETI are regulated under Article 158 of Law No. 3 of 2020 concerning Mineral and Coal Mining, which carries a maximum penalty of 5 (five) years imprisonment and a maximum fine of IDR 100 billion. Based on Article 80 paragraph 1 letter (a) of the Criminal Procedure Code (KUHAP) under Law No. 20 of 2025, PETI perpetrators may pursue Restorative Justice. While Restorative Justice in ordinary crimes involves a settlement between the victim and the perpetrator, in environmental crimes committed by PETI, Restorative Justice can be facilitated through environmental Non-Governmental Organizations (NGOs), following the doctrine of Christopher Stone. There is a pressing need for government regulations to determine who represents the environment as a legal subject and how fines can be distributed for post-mining reclamation.
KEWENANGAN LEGISLASI DEWAN PERWAKILAN DAERAH TERKAIT RANCANGAN UNDANG-UNDANG DAERAH KEPULAUAN Watihelu, Abubakar; Mau, Hedwig Adianto; Sagala, Rotua Valentina
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 1 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, April 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i1.2425

Abstract

This research is motivated by the limited legislative authority of the Regional Representative Council (DPD) in the formulation of the Archipelagic Regions Bill, which is constitutionally participatory rather than decisional in nature. Although the DPD possesses representative legitimacy as a regional chamber and is authorized to propose and deliberate bills related to regional matters, final legislative approval remains vested in the House of Representatives and the President. This condition creates a gap between regional representation and the effectiveness of the DPD in advocating for the interests of archipelagic regions. This study employs the theory of authority and the theory of distributive justice as its theoretical framework. This research adopts a normative legal research method using statutory, conceptual, and analytical approaches. The statutory approach examines constitutional provisions and legislation governing the legislative authority of the DPD. The conceptual approach explores doctrines of authority and the theory of distributive justice, particularly in assessing the allocation of legal benefits and burdens affecting archipelagic regions, while the analytical approach evaluates the consistency between existing legal norms and the practical exercise of the DPD’s legislative authority in the formulation of the Archipelagic Regions Bill. The findings indicate that the legislative authority of the DPD in the formulation of the Archipelagic Regions Bill is normative, procedural, and symbolic, lacking binding decisional power. These limitations have resulted in an uneven realization of distributive justice for archipelagic regions within the national legal framework. This study concludes that an ideal construction of the DPD’s legislative authority requires strengthening its role during deliberative stages, restructuring more effective coordination mechanisms with the House of Representatives, and optimizing its oversight function to ensure that the enactment and implementation of the Archipelagic Regions Law effectively realize distributive justice for archipelagic regions
PENERAPAN KEADILAN RESTORATIF DALAM TINDAK PIDANA KEPEMILIKAN SATWA LANGKA YANG DILINDUNGI DI INDONESIA Putrawan, I Nyoman Gede; Kristiawanto, Kristiawanto; Basuki, Basuki
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 1 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, April 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i1.2426

Abstract

This study aims to provide a juridical analysis of the ownership of protected wildlife by members of the public and to examine relevant law enforcement approaches, including the potential application of restorative justice. The issues addressed focus on the legal construction governing the ownership of protected wildlife, the formulation of criminal liability under statutory regulations, and the manner in which law enforcement may be implemented proportionally without undermining conservation objectives.The research employs a normative legal method using a statutory approach, a conceptual approach, and a systematic approach. The primary legal materials include the 1945 Constitution of the Republic of Indonesia, particularly Article 33 paragraph (3), Undang-Undang Nomor 5 Tahun 1990 tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya as amended by Undang-Undang Nomor 32 Tahun 2024, as well as implementing regulations such as Peraturan Pemerintah Nomor 7 Tahun 1999 tentang Pengawetan Jenis Tumbuhan dan Satwa and Peraturan Pemerintah Nomor 8 Tahun 1999 tentang Pemanfaatan Jenis Tumbuhan dan Satwa Liar. The study also considers Indonesia’s international commitments within the framework of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The findings indicate that protected wildlife falls under the regime of state control based on the principle of the state’s right to control natural resources as stipulated in Article 33 paragraph (3) of the Constitution. Unauthorized ownership of protected wildlife constitutes a formal criminal offense, which is deemed complete at the moment a person possesses or maintains protected species without lawful authorization, without the need to prove concrete ecological damage. Socio-cultural reasons, tradition, or ignorance of the law do not qualify as justifications or excuses under Indonesian criminal law. From an environmental law perspective, illegal ownership contradicts the precautionary principle and the principle of sustainable development, as it has the potential to disrupt ecosystem balance and accelerate species extinction. Nevertheless, in practical law enforcement, the principle of proportionality must be applied by distinguishing between offenders involved in organized illegal wildlife trade networks and non-commercial individual offenders. Under certain circumstances, restorative justice may be considered as an alternative resolution, provided that ecological restoration is ensured and conservation objectives are not weakened. This study concludes that unauthorized ownership of protected wildlife by the public constitutes an unlawful act and must be regarded as a threat to the sustainability of national biodiversity. Firm, proportionate, and integrated law enforcement, combined with preventive approaches, is essential to achieving effective wildlife protection.
TANGGUNG JAWAB HUKUM PERUSAHAAN PENYEDIA JASA PEMBAYARAN (PJP) TERHADAP PENYALAHGUNAAN KANAL PEMBAYARAN UNTUK TRANSAKSI ILEGAL Hutagaol, Immanuel Maykael Martono Reinhard; Mau, Hedwig Adianto; Widodo, Gatut Hendro Tri
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 1 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, April 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i1.2433

Abstract

The rapid development of digital payment systems through Payment Service Provider (PJP) companies has significantly enhanced transaction efficiency; however, it has also created legal issues related to the misuse of payment channels for illegal activities such as money laundering, online fraud, and illegal gambling. The central legal problem concerns the unclear boundaries of legal liability imposed upon PJPs when their payment channels are misused by merchants or users. This research applies the theory of legal certainty and the theory of legal liability to assess the extent to which Indonesian positive law regulates the scope of obligations, fault, and liability of PJPs within the digital payment ecosystem. This study employs normative legal research using statute approach, conceptual approach, analytical approach, and comparative approach. The legal materials consist of primary legal sources including legislation governing payment systems, anti-money laundering, and information technology, as well as secondary legal materials derived from legal doctrines and scholarly writings. Data collection was conducted through library research and analyzed qualitatively using grammatical and systematic interpretation methods. The findings indicate that Indonesian positive law does not yet provide clear and definitive limitations regarding PJP liability, resulting in legal uncertainty and potential over-criminalization. In principle, PJPs cannot be held criminally liable in the absence of intent, gross negligence, or participation in unlawful acts. The liability of PJPs is more appropriately positioned within the administrative and risk-based compliance framework, including the obligation to implement prudential principles, Know Your Customer (KYC), and Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT) measures. Accordingly, more comprehensive regulatory clarification is required to ensure legal certainty, protect the digital payment industry, and strengthen the effectiveness of preventing financial cybercrime
KEPASTIAN HUKUM PEMBIAYAAN DALAM UPAYA PENEMPATAN PEKERJA MIGRAN INDONESIA DI LUAR NEGERI Herdiman, Heru; Maryano, Maryano; Hakim, Nur
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 1 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, April 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i1.2434

Abstract

Financing the placement of Indonesian Migrant Workers (PMI) abroad still faces the problem of unclear schemes, cost transparency, and potential losses for PMI. The existence of legal certainty in financing that is fair, transparent, and guarantees the protection of PMI rights in accordance with laws and regulations. The legal norm has not been fully implemented consistently in the field, so a study is needed on the legal certainty of financing in order to realize the placement of PMI that is fair and protected. The method used in this study is normative legal research conducted as an effort to obtain the necessary data in connection with the problem. Data used with secondary data and tertiary legal materials. In addition, primary data is also used as supporting secondary data legal materials. For data analysts conducted by the method of qualitative juridical analysis. The results of the study that the arrangement of financing the placement of Indonesian Migrant Workers (PMI) has actually been regulated comprehensively in law No. 18 of 2017 and its Implementing Regulations, but the legal certainty is not optimal due to regulatory inconsistency, weak implementation of cost transparency, and ineffective implementation of zero cost policy and the principle of Employer Pays, especially in destination countries such as Saudi Arabia, Malaysia, and Singapore. Therefore, it is necessary to strengthen legal certainty through harmonization and codification of financing regulations, affirmation of transparent and binding Employer Pays principles, integrated digital supervision, and strengthening law enforcement through cross-agency coordination such as BP2MI, the Ministry of manpower, the Indonesian National Police, the Attorney General's Office of the Republic of Indonesia, and the Financial Services Authority

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