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Articles 28 Documents
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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.
Gray Zone: Copyright in Images from Generative Artificial Intelligence Modified by Human Creativity Galih Dwi Ramadhan; Fahim Abrar Abid
Kertha Patrika Vol. 48 No. 2 (2026): Contemporary Challenges in Law: Comparative Perspectives on Justice, Legal Pro
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i02.p03

Abstract

Images are objects protected by intellectual property rights, especially copyright. Artificial Intelligence/AI technology that can create an image using the text-to-image feature, also known as generative AI. The results of the images created from the features owned by generative AI create a gray zone in copyright terms of legal protection and ownership of images created by Generative AI, which can also be freely modified by humans using their intellectual creativity. This study analyzes the copyright of images created by generative AI modified by humans under Indonesian Copyright Law No. 28 of 2014 concerning Copyright, using a normative method with a juridical approach. This research will conduct an analysis related to AI as subjects and objects under Copyright Law and the ownership and legal protection of images created by Generative AI and modified by human creativity.
Joint Data Controller Responsibility in OSS RBA System Interoperability after the Personal Data Protection Law Enactment Deva Alfianto Supardi; Habiba Salsabil Ananda Ghofar; Daffa Hakima Nur Dzaki; Shinta Hadiyantina; Muhammad Reza Magistra
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p01

Abstract

The business licensing reform enacted through Law Number 11 of 2020 concerning Job Creation has given rise to the Risk-Based Online Single Submission (OSS RBA) system, which relies on real-time data interoperability from various government agencies. The ratification of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) introduces a new legal regime that creates ambiguity regarding the legal status of the parties within the OSS RBA ecosystem. This research aims to analyze the legal qualification of the parties involved in personal data processing within the ecosystem, evaluate the application of the Joint Controllership concept in OSS RBA interoperability, and formulate a mechanism for allocating legal responsibility in the event of personal data protection failures. The research employs a normative juridical method with statutory and conceptual approaches. The result indicate that the relationship between the Ministry of Investment/BKPM and the data source agencies is more appropriately qualified as Joint Controllers, as they collectively determine the purposes and means of personal data processing. A legal void exists in the regulation of joint controllership within the OSS RBA. The absence of agreements or derivative technical regulations governing the allocation of responsibility creates ambiguity that can be detrimental to data subjects. Therefore, derivative regulations are necessary to stipulate in detail the joint controllership mechanism and to mandate the preparation of Data Sharing Agreements (DSAs) between agencies, which would define the responsibilities of each party in accordance with the provisions of the PDP Law.
Questioning the Decline in the Number of Hand Catching Operation by the Corruption Eradication Commission Ayu Putriyana; Arini Azka Muthia
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p04

Abstract

One way the Indonesian government eradicates corruption is by forming the Corruption Eradication Committee and one way to take action against corruption is by conducting hand catching operation. The purpose of writing this article is to explain the causes of the decline in the number of hand catching operation in recent years, especially in 2024, even though the Corruption Eradication Committee hand catching operation had been intensively carried out to prosecute corruption, but instead of experiencing a spike, the number of hand catching operations actually decreased. The preparation of this article uses a normative legal research method related to hand catching operations and the latest Corruption Eradication Committee Law. In addition, in order for the analysis results to be more in-depth, the author also uses a legislative and conceptual study approach. There are 2 (two) research results in this article, namely, first, the term hand catching operations is indeed not found in the Criminal Procedure Code and the Corruption Eradication Committee Law, but a series of actions that are the same as hand catching operation containing the stages of wiretapping, searches, arrests and confiscations have been regulated in the latest Corruption Eradication Committee Law. Second, the hand catching operation which is currently experiencing a decline in 2024 is due to several things such as changes in the hand catching operation mechanism in carrying out wiretapping, searches, and/or confiscations, permission from the Supervisory Board is required. Hand catching operation has also been studied by corruptors who on average have high intellectual education so that by studying the hand catching operation method
Legal Protection of Bonds in Bankruptcy Vincentius Saryo Saputro; Andrew Nicholas Samuel; Michael Jordan Wirayudha
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p06

Abstract

This study examines legal protection mechanisms for bondholders during issuer bankruptcy through a comparative analysis of Indonesian and US frameworks. Indonesian regulations—including the Capital Market Law, Bankruptcy and Suspension of Payment Law, and trustee provisions—demonstrate significant gaps in protecting bondholder claims during insolvency proceedings. Conversely, the US system, anchored by the Trust Indenture Act of 1939 and Chapter 11 Bankruptcy Code, provides superior protection through creditors’ committees, cramdown provisions, and fiduciary duty shifts that ensure both substantive and procedural safeguards. Key findings reveal Indonesia's regulatory deficiencies in claim prioritization, trustee empowerment, and bondholder representation in bankruptcy proceedings. This research proposes US-model reforms to strengthen investor protection, enhance market credibility, and promote economic stability in Indonesia’s capital market.
Money Laundering in Terrorism Financing: Transnational Crime Context Desia Rakhma Banjarani; Taufani Yunithia Putri; Ricco Andreas; Mona Ervita; Dhafina Marsyah Tahirah; Ariesta Wibisono Anditya
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p03

Abstract

Even though currently many have set various policies to prevent and eradicate money laundering and terrorism, in reality these two criminal acts still occur frequently. This research wants to take a deeper look at the crime of money laundering in terrorism financing based on a review of transnational crime. The aims of this research, namely to analyze money laundering and terrorism financing involved in transnational crime and to identify  money laundering law enforced in terrorism financing. This research is normative legal research that uses a statutory approach. The purpose of this research is to find intersection between money laundering and terrorism financing involved in transnational crime and to analyses money laundering law enforced in terrorism financing. The result of this research is the intersection between money laundering and terrorism lies in their mutual violation of law and potential to cause widespread harm is an act that violates the law and harms many people. Terrorism and other criminal acts related to terrorism are a form of transnational organized crime, because they involve complex international networks. Various efforts to eradicate money laundering, especially at the international level related to terrorism, were carried out by member countries of the Organization for Economic Co-operation and Development (OECD).
The Role Of The Village Consultative Body In The Formulation Of Village Regulations Rena Delya Citra; Louise Theresia; Ahmad setiawan
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p07

Abstract

This study aims to examine and analyze the role of the Village Consultative Body (Badan Permusyawaratan Desa/BPD) in the formulation of Village Regulations (Peraturan Desa) in Simpang Naneng Village, Karusen Janang District, East Barito Regency. The BPD holds a strategic position as a representative institution that accommodates and channels the aspirations of the community, while also participating in the formulation of village policies together with the village government. This research employs a qualitative descriptive method, with data collected through interviews, observations, and documentation. The findings reveal that the BPD of Simpang Naneng Village has played an active role, particularly in the stages of planning and deliberation of village regulations. However, several obstacles remain, such as the limited understanding of BPD members regarding legal drafting procedures, inadequate human resource capacity, and weak coordination with the village government. These challenges often hinder the effectiveness and inclusiveness of policy-making at the village level. Despite these limitations, the involvement of BPD contributes significantly to promoting democratic governance and ensuring that community needs are reflected in village regulations. The study concludes that strengthening the capacity of BPD members, enhancing cooperation with the village government, and improving community participation are essential steps to create transparent, accountable, and participatory governance at the village level.

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