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Articles 14 Documents
 1   2 
Comparison of Personal Guarantees and Collateral in Bank Credit Agreements and Leasing Financing Ida Ayu Cintiya Kencana Dewi; I Made Aditya Mantara Putra
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p05

Abstract

This study aims to analyse the effectiveness of guarantees in bank credit agreements and leasing financing, specifically comparing personal guarantees and collateral. Using a normative research method, this study investigates the regulations governing both types of guarantees from the perspective of Indonesian positive law. The objective of this study is to provide a better understanding of when and why each type of collateral should be used, as well as to identify challenges in its application. Through literature studies, analysis of legislation, and a review of court decisions, this study finds that collateral offers greater legal certainty and facilitates execution, especially when the collateral has a stable market value. Conversely, personal guarantees provide flexibility in collateralisation but are highly dependent on the guarantor's financial capacity and good faith. The results of this study are expected to provide recommendations for legal practice in the field of financing and assist creditors in selecting the optimal type of collateral for their situation.
Discourse on the Role of Victim Advocates in the Concept of Plea Bargaining: Towards Restorative Justice? Ni Putu Tya Suindrayani; Rahmat Angga Dwi Putra; Tomi Agi Fratama; Putri Mega Silvia Pa
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p02

Abstract

The purpose of this research is to examine how the discourse on the role of victim advocates in the concept of plea bargaining as an attempt to achieve restorative justice in the adjudication of criminal cases in Indonesia. The methodology used is qualitative research with a non-doctrinal normative legal research method, as well as a regulatory and conceptual approach. The results of this study reveal a discourse on the situation of victim advocates in the current Indonesian criminal justice system, followed by a critical review of the concept of plea bargaining in the criminal justice system, and attempts to achieve restorative justice for victims by strengthening the role of victim advocates through its implementation in the concept of plea bargaining. Thus, the concept of plea bargaining not only prioritizes the interests of the defendant, but also serves as an alternative pathway to achieve recovery for victims of crime.
Building a Fair Criminal Justice System: The Urgency of a Single Prosecution System for Prosecutors and Police Alma Aulia Shafa Purbowo; Rafel Nanda Purnomo; Mardian Putra Frans
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p07

Abstract

The Indonesian criminal justice system faces complex challenges in coordination and effectiveness of law enforcement, particularly between the police and the prosecutor's office. The dualism of investigative authority that has existed for some time has given rise to various structural problems, resulting in legal uncertainty and reducing the quality of criminal law enforcement. This study focuses on analyzing the urgency of implementing a Single Prosecution System as a reformative solution in building a more equitable and effective criminal justice system. The concept of a Single Prosecution System is of particular concern because in the practice of law enforcement in Indonesia, there is still a division of dual authority, where prosecutors and the police both have the authority to investigate certain cases such as corruption and gross human rights violations. This condition often leads to unclear tasks between institutions, weak coordination, and overlapping authorities, which result in inconsistencies in the handling of criminal cases. The purpose of this study is to identify the weaknesses of the current criminal justice system and analyze how the implementation of the Single Prosecution System can be a solution to create an integrated, effective, and fair criminal justice system. This study uses a legal-normative approach with secondary data consisting of primary and secondary legal materials. Data analysis was conducted qualitatively. The results of the study indicate that reforming the criminal justice system through the implementation of a Single Prosecution System can eliminate overlapping authority between prosecutors and the police, strengthen institutional coordination, and create an Indonesian criminal justice system that guarantees legal certainty and justice for the community.
Paradigmatic Conflict of Law on Narcotics and Legislative Synchronization with the New Indonesia Criminal Code Linda Ikawati; Rengga Kusuma Putra; Satriya Nugraha; Sitta Saraya; Retno Eko Mardani
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p03

Abstract

This study analyzes the paradigmatic dilemma of Indonesia’s narcotics law: the necessity of strict prosecution against transnational syndicates versus the humanitarian crisis of prison overcrowding caused by the incarceration of addicts. Law Number 35 of 2009 concerning Narcotics embodies a philosophical dualism (retribution vs. rehabilitation), yet its implementation is dominated by a punitive orientation. The purpose of this research is to analyze the philosophical tension within Law 35/2009 and project the implications of its legislative synchronization with the restorative principles in the new Criminal Code (Law 1/2023). The method used is normative juridical with a prescriptive character, utilizing statutory, conceptual, and comparative approaches. The results conclude that the new Criminal Code risks significant failure in resolving the capacity crisis due to restrictions on alternative sanctions for crimes carrying penalties of over five years, which covers the majority of Narcotics cases. The codification attempt also potentially weakens the prosecution of transnational crimes due to the incomplete adoption of special investigation techniques. The primary recommendation is a firm legislative synchronization that separates jurisdiction: the new Criminal Code as lex generalis for minor users, and the Narcotics Law as a strengthened lex specialis to target dealers, supported by the implementation of factual decriminalization based on public health.

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