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KEPASTIAN HUKUM PERJANJIAN KERJA YANG DITANDATANGANI SECARA ELEKTRONIK DALAM PROSES PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL Marie Issabella; Salmon Ginting; Roni Pandiangan
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2861

An employment agreement forms the legal foundation of the relationship between an employer and a worker, setting out the rights and obligations of both parties. The advancement of information technology has encouraged the use of electronic signatures in executing employment agreements, including fixed-term employment agreements, raising questions about their validity and evidentiary strength, particularly when industrial relations disputes arise. This study aims to examine the legal regulation of electronically signed employment agreements and to analyze their legal certainty as evidence in the settlement of industrial relations disputes. This research employs a normative juridical method with statutory and conceptual approaches, presented in a descriptive-analytical manner. The findings indicate that Indonesian contract law has adapted to digital technological developments as regulated under the Law on Information and Electronic Transactions (UU ITE), such that electronic employment agreements—whether signed with certified or uncertified electronic signatures—remain valid and binding provided they satisfy the requirements for a valid agreement. Nevertheless, a normative gap remains regarding whether the use of a certified electronic signature is mandatory for employment agreements. In proving industrial relations disputes, the validity of an electronic employment agreement rests not solely on the electronic document itself, but also on the entire process demonstrating the parties' electronic consent, which is recognized as valid evidence under the Law on Information and Electronic Transactions. This study recommends strengthening regulations on electronic employment agreements and establishing clearer dispute resolution mechanisms to ensure legal certainty for all parties involved.

KEPASTIAN HUKUM MENGENAI BATAS TANGGUNG JAWAB DIREKSI ATAS TERJADINYA FRAUD DALAM PENGELOLAAN PERSEROAN TERBATAS Efran Dippos M. Sinaga; Nur Hakim; Roni Pandiangan
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2875

This research is motivated by the absence of legal certainty regarding the scope of the Board of Directors' liability for fraud committed in the management of a Limited Liability Company. Although Law Number 40 of 2007 concerning Limited Liability Companies imposes fiduciary obligations upon directors to act in good faith, with due care, and in the best interests of the company, it does not provide clear legal parameters for determining when directors may be held personally liable for fraudulent conduct. This regulatory ambiguity has resulted in inconsistent legal interpretation and judicial application, particularly in distinguishing between legitimate business risks protected by law and unlawful conduct involving fault, abuse of authority, or fraud. This research employs the Theory of Legal Certainty and Theory of Legal Liability. This research adopts a normative legal research method using statutory, case, analytical, and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal sources collected through library research and analyzed qualitatively. The analysis focuses on the Indonesian Civil Code, Law Number 40 of 2007 concerning Limited Liability Companies as amended by Law Number 6 of 2023, together with relevant judicial decisions concerning the civil liability of directors in the management of Limited Liability Companies. The findings demonstrate that the personal liability of directors for fraud does not arise automatically merely because the company has suffered financial losses. Instead, such liability must be established through proof of fault, abuse of authority, negligence, or breach of fiduciary duties committed by the directors in performing their managerial functions. The research further reveals that the absence of explicit statutory provisions defining the scope of directors' liability for fraud has created legal uncertainty in judicial practice. Therefore, a consistent interpretation of the statutory provisions governing directors' liability is required by emphasizing the principles of good faith, due care, and corporate accountability in order to achieve a balanced legal framework that protects directors acting in accordance with the law while simultaneously ensuring legal certainty for the company, shareholders, creditors, and other affected stakeholders.

KEPASTIAN HUKUM PENERAPAN INDEPENDENT CRIME PADA TINDAK PIDANA PENCUCIAN UANG DALAM SISTEM PERADILAN PIDANA INDONESIA Mohammad Solihin; Tofik Yanuar Chandra; Kristiawanto Kristiawanto
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2883

Article 69 of Law No. 8 of 2010 on the Prevention and Eradication of money laundering is a norm that applies as a positive law in Indonesia which states that in order to be able to conduct investigations, prosecutions, and examinations in court hearings against money laundering crimes, it is not mandatory to prove the origin of the criminal offense first. The formulation of the problem in this thesis is how the application of independent crime on money laundering in the Indonesian criminal justice system ? How is the legal certainty of the application of independent crime to money laundering in the Indonesian criminal justice system ? The research method used is normative juridical with the approach of legislation, conceptual, case and comparison. Data were obtained from primary legal materials, secondary legal materials and tertiary legal materials. And analyzed by the method of legal certainty and law enforcement. This study focuses on the analysis of legal norms that regulate the context between the position of money laundering as a follow-up crime and as an independent crime. This research will refer more to literature review,legislation, and relevant literature to gain a deep understanding of money laundering. The result of this study is the possibility of proving the crime of money laundering by not first proving the origin of the crime of money laundering. Non-material criminal acts of their own origin at least include, but are not limited to: (a) passive money laundering perpetrators (article 607 paragraph (1) letter c of Law Number 1 of 2023 concerning the Criminal Code); (b) Uitloker or medeplechtigheid perpetrators of money laundering who are not involved with the original criminal offense ((article 607 paragraph (1) letter A of Law Number 1 of 2023 concerning the Criminal Code in conjunction with Article 20 or in conjunction with Article 21 of Law Number 1 of 2023 concerning the Criminal Code); or (c) Third Party Money Laundering perpetrators. Furthermore, the non-materiele dader of the original crime is processed by law in accordance with the rules in the instrument Article 69 of Law Number 8 of 2010 concerning the Prevention and Eradication of money laundering, can be caused by: (a) the perpetrator of the materiale Dader of the original crime has the status of a search list of people; or (b) the case file between the materiale Dader of the original crime and the non-materiale dader of the original crime is separated (splitshing) by a concurrent/almost simultaneous legal process.

PERLINDUNGAN HUKUM TERHADAP PENGATURAN SUBKONTRAK DALAM PENGADAAN JASA KONSTRUKSI DI LINGKUNGAN PERBANKAN BERBASIS PRINSIP GOOD GOVERNANCE Eugenia Shani Gisela; Maryano Maryano; Arief Wibisono
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2884

The use of subcontracting in the procurement of construction services in the banking sector is a common practice to support project efficiency. However, various problems remain in practice, including the use of subcontractors without the consent of the service user, the transfer of core work to subcontractors, a weak oversight system, unclear division of legal responsibilities, and the suboptimal implementation of Good Governance principles. These conditions indicate a gap between the applicable legal regulations (das sollen) and their implementation (das sein), resulting in insufficient legal protection for the parties. This study aims to analyze the implementation of subcontracting regulations in the practice of procurement of construction services in the banking sector and to analyze legal protection in construction service procurement based on Good Governance principles. In this study, the researcher uses the legal protection theory according to Philipus M. Hadjon and the good governance theory according to Dwiyanto. The research method used in this study is normative juridical research, namely legal research with a literature review based on primary, secondary, and tertiary legal sources. The research approaches used are the Statutory Approach, the Conceptual Approach, the Analytical Approach, and the Case Approach. The legal material collection technique was carried out by identifying and inventorying positive legal regulations, literature, journals, and other legal sources. The legal material analysis technique used grammatical interpretation, systematic interpretation, and analogical construction. The research results indicate that the implementation of subcontracting regulations in construction service procurement practices within the banking sector has not been optimal due to a lack of norms regarding the limits of work that can be subcontracted, the absence of a clearly regulated written consent requirement from service users, weak oversight of subcontractors, and the unclear division of legal responsibility between main contractors and subcontractors. The legal protection applied is also still oriented towards repressive dispute resolution and is not supported by adequate preventive legal protection mechanisms. This research proposes a reconstruction of subcontracting regulations through a construction service procurement model based on good governance and risk-based construction procurement. This model positions the bank as the risk owner, limits the transfer of core work, requires written consent from service users, strengthens verification and oversight of subcontractors, and clarifies the division of legal responsibility between main contractors and subcontractors. The reconstruction is expected to be able to realize legal certainty, legal protection, and transparent, accountable, and risk management-based construction services procurement governance in the banking environment

PENEGAKAN HUKUM PIDANA TERHADAP PEREDARAN NARKOTIKA DI DALAM LEMBAGA PERMASYARAKATAN Lio Alaska; Ardison Asri
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2897

This research aims to analyze criminal law enforcement against narcotics distribution within Correctional Institutions (Lapas) based on prevailing laws and regulations, and to identify the impeding factors. This study employs a normative legal research methodology with a statute approach and a conceptual approach, analyzed through the rule of law theory, Soerjono Soekanto's law enforcement theory, and Lawrence M. Friedman's legal system theory. The findings indicate that criminal law enforcement against narcotics distribution within Lapas has a comprehensive normative foundation, encompassing Law Number 35 of 2009 on Narcotics, Law Number 22 of 2022 on Correctional System, the National Criminal Code under Law Number 1 of 2023, and the new Criminal Procedure Code under Law Number 20 of 2025. However, the enactment of the National Criminal Code has generated normative uncertainty due to the revocation of several Narcotics Law provisions without clear equivalents. Eight narcotics smuggling methods within Lapas were also identified, including concealment in visitors' belongings, within visitors' bodies, throwing over prison walls, use of drones, involvement of corrupt officers, and controlling drug networks from inside Lapas. The impeding factors consist of legal substance factors, law enforcement factors, facility and infrastructure factors, societal factors, and legal culture factors, which mutually interact and can only be resolved through a holistic and comprehensive approach.

IDE DASAR SISTEM PENUNTUTAN TUNGGAL (SINGLE PROSECUTION SYSTEM) OLEH JAKSA SEBAGAI PENUNTUT UMUM DALAM SISTEM PERADIALAN PIDANA TERINTEGRASI Dhimas Anthony Muslim; Maryano Maryano; Kristiawanto Kristiawanto
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2905

This thesis examines the fundamental concept of the Single Prosecution System implemented by public prosecutors within Indonesia's integrated criminal justice system. The study focuses on the position of the Public Prosecution Service (Kejaksaan) as the dominus litis in the prosecution process and the urgency of integrating the criminal justice system to achieve effectiveness, legal certainty, and justice. This study employs a normative juridical legal research method, which emphasizes the examination of legal norms (law in the books). The research primarily relies on statutory regulations and library materials as secondary legal sources. The approaches applied in this research include the statutory approach, literature approach, conceptual approach, historical approach, comparative approach, and case approach. The legal materials consist of primary legal sources, including the 1945 Constitution of the Republic of Indonesia, Law Number 31 of 1997 concerning Military Courts, the Indonesian Code of Criminal Procedure (KUHAP), Law Number 11 of 2021 concerning the Amendment to Law Number 16 of 2004 on the Public Prosecution Service of the Republic of Indonesia, Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, and Law Number 16 of 2004 concerning the Public Prosecution Service of the Republic of Indonesia. The findings reveal that strengthening the authority of public prosecutors under the Single Prosecution System can improve coordination among law enforcement agencies and reinforce the integration of the criminal justice system. However, effective implementation requires regulatory harmonization and institutional strengthening. Furthermore, the future implementation of the Single Prosecution System in Indonesia does not imply the physical centralization of all prosecutors within a single prosecution office. Rather, it refers to the centralization of prosecutorial policy, standardization, and accountability under a single authority, namely the Attorney General. Under this system, the Corruption Eradication Commission (KPK) and the Military Prosecutor's Office (Oditurat Militer) would continue to exercise their respective specialized functions while acting "for and on behalf of" a unified and integrated national prosecution system.

KEPASTIAN HUKUM LELANG EKSEKUSI HAK TANGGUNGAN DENGAN PENETAPAN NILAI LIMIT YANG TIDAK PROPORSIONAL Nico Natanael Simanjuntak; Khalimi Khalimi; Indah Riyanti
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2906

Article 6 of the Mortgage Law grants authority to the first Mortgage Holder to sell the collateral object through a public auction if the debtor defaults. This provision is further complemented by Article 55 paragraph (1) and Article 57 of the Minister of Finance Regulation Number 122 of 2023, which regulate the obligation to determine a Limit Value and the use of an appraisal report as the basis for its determination. However, in practice, there are still instances where Limit Values are determined in an objective and disproportionate manner. Therefore, this research examines the regulation of Limit Value determination and the legal certainty of Mortgage execution auctions where the Limit Value is not based on objective and proportional standards. This research employs the Legal Certainty Theory by Jan Michiel Otto and the Theory of Property Rights by Mariam Darus Badrulzaman. The research method used is normative juridical research, utilizing library-based legal materials or secondary data consisting of primary, secondary, and tertiary legal sources. The research approaches applied include the statutory approach, conceptual approach, analytical approach, and case approach. The legal materials were collected by identifying and inventorying positive legal regulations, books, journals, and other relevant legal sources. The analysis of legal materials was conducted through systematic and grammatical interpretation as well as analogical construction. The results of the research indicate that the regulation of Limit Value determination in Mortgage execution auctions based on the Mortgage Law and Minister of Finance Regulation Number 122 of 2023 has provided a legal basis for the Seller’s authority to determine the Limit Value based on appraisal or assessment results. However, these regulations have not yet provided clear and uniform standards regarding the limits of reasonableness and proportionality of the Limit Value, resulting in discretionary space that may cause differences in legal application in practice. The implementation of auctions with Limit Values that are not objective and proportional has not provided legal certainty for the parties, as it may result in losses to the economic value of the collateral object. The determination of a Limit Value that does not comply with the principles of objectivity, fairness, prudence, and good faith may be qualified as an unlawful act, resulting in the auction being declared invalid and creating an obligation to restore the debtor’s rights over the collateral object.

PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PERUNDUNGAN YANG MENGAKIBATKAN TRAUMA PSIKIS PADA KORBAN DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Andi Abdullah Mutakaliman; Diding Rahmat
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2917

This research aims to analyze the regulation of Indonesian criminal law against bullying offenses that cause psychological trauma to victims, and to analyze the criminal liability of bullying perpetrators who cause psychological trauma to victims under Indonesian criminal law. This study employs a normative legal research methodology with a statute approach and a conceptual approach, analyzed through the legal protection theory of Philipus M. Hadjon, the criminal liability theory of Chairul Huda and Moeljatno, and the victimology theory of Arif Gosita and Siswanto Sunarso. The findings indicate that: first, the regulation of Indonesian criminal law against bullying offenses causing psychological trauma remains fragmentary, as no specific legislation explicitly criminalizes bullying as a standalone offense. Law enforcers must rely on several instruments, namely Law Number 1 of 2023 on the Criminal Code through Article 466, Law Number 35 of 2014 on Child Protection through Article 76C jo. Article 80, Law Number 12 of 2022 on Sexual Violence Crimes, and Law Number 19 of 2016 on Electronic Information and Transactions through Article 27 paragraph (3) for cyberbullying cases. Second, criminal liability of bullying perpetrators can be established upon the cumulative fulfillment of four elements, with the primary challenge being the proof of psychological trauma requiring forensic psychology expert testimony. In cases involving juvenile perpetrators, diversion mechanisms may only be pursued under strict conditions that do not compromise victims' rights.

PENERAPAN PIDANA MATI TERHADAP PELAKU TINDAK PIDANA TERORISME DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA Muhammad Faros Haikal; Ardison Asri
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2918

Terrorism constitutes an extraordinary crime that causes mass casualties and threatens state security, leading lawmakers to threaten the death penalty as one of the sanctions against its perpetrators. However, the existence of the death penalty frequently generates debate from a human rights perspective, particularly concerning the status of the right to life as a non-derogable right. This research aims to analyze two main issues: first, how the imposition of the death penalty against perpetrators of terrorism is regulated under Indonesian legislation; and second, how the imposition of the death penalty is examined from a human rights perspective. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The findings indicate that the threat of the death penalty against perpetrators of terrorism is regulated under Article 6 and Article 10A of Law Number 5 of 2018 in an alternative, rather than mandatory, manner. Following the enactment of Law Number 1 of 2023 on the National Penal Code (KUHP Nasional) on 2 January 2026, the status of the death penalty shifted from a principal punishment to a special punishment, accompanied by a ten-year probationary mechanism that, in principle, also applies to death sentences in terrorism cases. Compared to Malaysia and Singapore, Indonesia's regulatory framework is relatively more progressive. From a human rights perspective, the threat of the death penalty against terrorism can be justified through the doctrine of limitation of human rights and Constitutional Court Decision Number 2-3/PUU-V/2007, provided it is applied selectively to the most serious crimes and accompanied by adequate procedural safeguards, including the probationary mechanism as a concrete manifestation of human rights protection. This research concludes that the regulation and imposition of the death penalty against perpetrators of terrorism in Indonesia reflect a balance between firm law enforcement and respect for human rights, although its implementation still requires the strengthening of technical guidelines and institutional readiness.

PENGAMBILAN GAMBAR TANPA IZIN SEBAGAI BENTUK PELANGGARAN PRIVASI DIGITAL DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Bayu Saptahadi; Selamat Lumban Gaol
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2919

The rapid development of information technology has given rise to the phenomenon of capturing a person's image without consent, potentially violating the right to digital privacy, while Indonesia's criminal law regulation of such conduct has previously been partial and scattered across several statutes. This research aims to examine Indonesia's criminal law regulation of unauthorized image capture as a form of digital privacy violation, and to analyze whether such conduct can be qualified as a criminal offense under Indonesia's positive law. This research is a normative legal study employing statutory, conceptual, and case approaches, drawing on primary, secondary, and tertiary legal materials, analyzed qualitatively through a prescriptive method. The results show that Indonesia's criminal law regulation of unauthorized image capture has evolved gradually, from the Electronic Information and Transactions Law and the Personal Data Protection Law, which only reach the distribution stage or require additional elements, to the old Criminal Code, which requires indecent content or violence, and finally to Articles 407 and 408 of the National Criminal Code, effective since 2 January 2026, which for the first time explicitly criminalize the act itself as a standalone offense. This research further concludes that unauthorized image capture in places affording a reasonable expectation of privacy can now be qualified as a standalone formal offense, without requiring distribution or concrete harm to the victim. The resulting legal certainty provides firmer protection for victims, although synchronization with the Personal Data Protection Law and interpretation of privacy expectations in public spaces still require further guidance from law enforcement.

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Contact Name
Sukardi Malik

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corpusjuris.manggalajournal@gmail.com

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+6281917222929

Journal Mail Official
corpusjuris.manggalajournal@gmail.com

Editorial Address
Jalan Merdeka Raya, Karang Pule, Kecamatan Sekarbela, Kota Mataram, NTB 83116, Indonesia

Location
Kota mataram,

Nusa tenggara barat

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Sukardi Malik

Contact Email corpusjuris.manggalajournal@gmail.com

Phone +6281917222929

Journal Mail Official corpusjuris.manggalajournal@gmail.com

Editorial Address Jalan Merdeka Raya, Karang Pule, Kecamatan Sekarbela, Kota Mataram, NTB 83116, Indonesia

Location Kota mataram, Nusa tenggara barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Sukardi Malik

Contact Email
corpusjuris.manggalajournal@gmail.com

Phone
+6281917222929

Journal Mail Official
corpusjuris.manggalajournal@gmail.com

Editorial Address
Jalan Merdeka Raya, Karang Pule, Kecamatan Sekarbela, Kota Mataram, NTB 83116, Indonesia

Location
Kota mataram,

Nusa tenggara barat

INDONESIA