DiH: Jurnal Ilmu Hukum

Reframing Prosecutorial Legitimacy: Embracing Restorative Justice in Criminal Case Discontinuation

Bintang Sekar Ayu — 2024-05-29

This research aims to find out and understand the scope of the Prosecutor's office, especially in the field of prosecution in the criminal justice system, as explained in this journal, namely regarding regulations related to the authority of the Prosecutor in implementing the termination of prosecution for criminal cases based on the principle of restorative justice and regarding obstacles to the implementation of restorative principles. justice at the prosecution stage. This research was carried out using a statutory regulatory approach and a conceptual approach using library data, namely normative juridical, which was carried out by examining library materials or secondary materials that were collected and analyzed qualitatively. The authority of the Prosecutor's Office in implementing the Termination of Prosecution is strictly regulated in the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative justice and is supplemented by the Circular Letter of the Deputy Attorney General for General Crimes Number 01/E/EJP/02/2022 dated 10 February 2022 and in its implementation Restorative justice is considered capable of being a solution in resolving cases quickly with the main principle of prioritizing participation between victims, perpetrators and the community as well as restoration of a situation. Furthermore, in implementing the termination of prosecution of a case, it is not impossible that there are obstacles that must be faced by the Prosecutor as Public Prosecutor, especially in reconciling the interests of the victim and the perpetrator in achieving peace.

Implementing Forensic Psychology to Assess Criminal Responsibility in Juvenile Offenders

Muhammad Ridho Sinaga — 2024-05-31

Almost every juvenile offender is diagnosed with one or more categories of mental disorders. Currently, the role of psychology at the police level in handling juvenile offenders serves as a supplementary element when deemed necessary, as stipulated in Article 27 of Law No. 11/2012. This forensic psychology process provides the legal system with clinical data and analyses of the defendant's mental function, mental status, and capacity at the time of the alleged crime. By producing assessments, forensic psychologists offer law enforcement agencies a basis for making informed decisions regarding criminal responsibility and appropriate measures for juvenile offenders. This article focuses on the influence of psychology on criminal responsibility and the role of forensic psychology in determining criminal responsibility during the investigation of juvenile offenders. The research method employed is normative-legal research. The findings indicate that the element of fault is synonymous with the element of criminal responsibility, with fault being fundamentally psychological. The central role of clinical psychologists in evaluating criminal responsibility for juvenile offenders involves obtaining and providing the legal system with clinical data and analyses of the defendant's mental function, mental status, and capacity at the time of the alleged crime. This includes determining whether the defendant was suffering from mental disorders, mental illness, mental disabilities, or mental retardation at the time of the alleged crime. The emphasis is on documenting criminal histories related to the emotional or mental condition of juvenile offenders.

Towards Economic Optimization: Evaluating The Impact of Legal Changes

Sita Dewi Hapsari — 2024-05-31

Restorative justice symbolizes a paradigm shift in enforcing criminal laws, right from focusing on penalizing the offenders to attending to mending the damages caused by crime while promoting reconciliation and restoration of relations within the society, has been found as well in the context of taxation to address violations of tax regulations. Tax law enforcement with a Restorative justice approach is considered to provide a more comprehensive and sustainable solution in dealing with violations. Dispute resolution is focused on reconciling the parties, in this case between the state which is positioned as a victim and the party who committed the violation, this is done to create a better compliance climate and reduce protracted problems. This journal article is prepared in order to analyse the impact of the implementation of Restorative justice regulated in the Law Harmonisation of Taxation Regulations. By using a doctrinal legal research method based on theory and application to regulations, it is hoped that the results of theoretical analysis based on the principle of restorative justice and the economic analysis of law approach can provide further insight into how Restorative justice applied as a law enforcement approach, especially in the field of taxation, can benefit the state as an effort to achieve harmonisation of tax regulations and their efficiency for sustainable economic.

Maintaining Debtors' Rights in Cessie Actions Through Implementing the Principle of Transparency

Carissa Amanda Siswanto — 2024-06-02

Cessie agreements, wherein creditors transfer rights to receivables to another party, are commonplace in the business world. However, under certain circumstances, a cessie agreement can be rendered null and void, leading to legal consequences for the parties involved. This research aims to analyze the legal protection afforded to debtors in the absence of notification regarding cessie actions, particularly in light of the principle of transparency for debtors. The normative legal research employed utilizes a statutory and doctrinal approach. This study found that a cessie agreement executed unilaterally, without the debtor's notification and approval, contravenes the nature of a cessie as stipulated in Article 613 Paragraph (2) of the Civil Code. A cessie agreement requires the approval of all parties involved. Consequently, the failure to fulfill the fourth condition (i.e., an act that contravenes public order and morality) of Article 1320 of the Civil Code renders the cessie agreement null and void. As a result, the receivables remain and cannot be written off, but the original creditor is prohibited from transferring them to new creditors. Debtors should pay close attention to credit agreements with banks, particularly clauses concerning the transfer of receivables via cessie, which must be approved by all parties. Moreover, debtors must understand the legal provisions regarding the submission of lawsuits for unlawful acts if the original and/or new creditors act arbitrarily and cause losses.

Regulation of People's Economy in Regions Based on Pancasila and Reflexive Law Theory

Wahyu Hidayat — 2024-06-04

Pancasila serves as a fundamental normative framework encompassing politics, economics, and culture. Reflexive law functions as a coordination system for actions within semi-autonomous social sub-systems during transitional periods. This study aims to analyze the regulation of the populist economy within the context of Pancasila and reflexive legal theory. The research methodology is normative, employing a conceptual approach. The primary finding indicates that Pancasila must be embraced as a way of life, deeply embedded in the national consciousness, spirit, and ethos, and reflected in thoughts, attitudes, and actions related to the populist economy. Furthermore, the dissemination of Pancasila's understanding is essential, particularly in regions of Indonesia that have not yet established regulations on modern retail restrictions. It is imperative for government officials, especially those at the regional level such as members of the Regional House of Representatives, Regional Heads, and strategic policymakers, to thoroughly comprehend Pancasila grounded in a populist economy when formulating policies based on Pancasila. Additionally, the government can enhance its preparedness by aligning with Gunther Teubner's perspectives on harmonizing modern law with public interests. Teubner argues that to improve public welfare and address the crisis of formal rationality, the law needs to be rematerialized. This rematerialization of law depends on the application of reflexive law as a coordination mechanism within and among semi-autonomous social subsystems. In the Indonesian context, this approach aligns with the values of Pancasila and the concept of Economic Democracy.

Optimisation of Trademark Registration Policy for MSMEs in Indonesia

Rizki Zakariya — 2024-06-06

The growing economy is accompanied by increased business competition among business actors, including Micro, Small, and Medium Enterprises (MSMEs). Trademark infringement is a risk inherent in such business competition. Therefore, it is crucial to mitigate disputes and trademark infringement by other business actors through trademark registration. However, the number of MSMEs registering trademarks remains very low, accounting for only 0.06% of the total. The results of this study highlight the urgency of a legal approach to MSME trademark registration. This urgency is underscored by the history of trademark regulation in Indonesia and international influences, the need for MSMEs to register trademarks to obtain protection, encourage innovation and creativity, and enhance their value and financing. Despite these benefits, the number of MSMEs that register their trademarks remains low due to a lack of awareness about the benefits of trademark registration and unfamil Therefore, it is necessary to improve trademark registration policies. This can be achieved by the Regency/City Government allocating a proportional and planned budget for socialization and assistance activities for MSMEs registering trademarks in their area. Additionally, the Government can encourage the private sector and financial institutions to contribute to the financing of MSME trademark registrations. Such measures are expected to increase the rate of trademark registration among MSMEs with government policies aimed at promoting such registration.

Justice-Based Enhancements to the Civil Servant Rumenaration System in the Ministry of Religious Affairs

Siti Khoiriyah — 2024-06-30

The Ministry of Religion is currently undertaking a bureaucratic reform program aimed at enhancing organizational structure, management systems, human resources, and salary or remuneration frameworks. The 2008 Ministry of Finance Work Plan profile outlines a Bureaucratic Reform program, which includes the enhancement of the remuneration system. This study seeks to evaluate and analyze the implementation of remuneration improvement policies at the Ministry of Religion, grounded in juridical aspects and principles of justice. The research adopts a normative legal approach, utilizing legislative, conceptual, and case study methodologies. Legal materials are sourced from primary, secondary, and tertiary sources. Data collection is conducted through a comprehensive literature review and analyzed qualitatively. Findings reveal that remuneration is a fundamental aspect of human resource management, concerning the financial compensation employees receive for their organizational duties. To meet the diverse expectations and needs of stakeholders, the remuneration system must uphold the principles of justice. Fairness in the remuneration system within government agencies is mandated by Law Number 43 of 1999. By incorporating performance allowances into the remuneration structure, the system is expected to be more equitable, thereby mitigating welfare disparities both among civil servants and between civil servants and private sector employees.

Protection of Human Rights in Pancasila Democracy

Pika Sari — 2024-06-30

Pancasila serves as the foundation of the Indonesian state and the principal ideology guiding the formulation and implementation of government policies. This research aims to provide evaluative and informative material on Pancasila from a human rights perspective. The study falls within the juridical-normative category, involving the examination of theories, concepts, legal principles, and regulations pertinent to the research subject. Specifically, this research seeks to evaluate and elucidate the human rights dimensions embedded within Pancasila values. Pancasila underscores the protection of individual rights as articulated in the 1945 Constitution, which guarantees fundamental rights such as the right to life, the right to freedom of religion, and the right to education. This study examines the protection of human rights within the context of Pancasila democracy in Indonesia. Utilizing a literature review and an empirical data approach, the article delves into the philosophical and legal underpinnings of Pancasila democracy and its implications for human rights protection in Indonesia. As the state ideology, Pancasila democracy emphasizes the importance of participation, justice, and welfare for all citizens, including the safeguarding of human rights. In Pancasila democracy, the protection of human rights is a paramount responsibility of the Indonesian state. By strengthening law enforcement, ensuring the fair application of laws, and fostering active societal participation, Indonesia can guarantee and respect the rights of every citizen in alignment with the democratic principles of Pancasila.

The Influence of Theorie Von Stufenbau Der Rechtsordnung in the Indonesian Legal System

Syofyan Hadi — 2024-07-14

The aim of this research is to analyze the influence of Hans Kelsen's Theorie Von Stufenufbau Der Rechtsordnung on the Indonesian legal system. The research method employed is legal research with a statutory and conceptual approach. Primary and secondary legal materials are analyzed using normative analysis. The findings reveal that Theorie Von Stufenufbau Der Rechtsordnung significantly impacts the Indonesian legal system. There are at least two main influences identified. First, the system of laws and regulations in Indonesia has been structured hierarchically since the enactment of the Temporary People's Consultative Assembly Decree No. XX/1966 up to the present day. However, this hierarchy is not absolute, especially concerning the positions of Perppu and People's Consultative Assembly Decrees. Second, there is a recognized mechanism for reviewing legal norms to ensure their validity, whether through judicial review, political review, or executive review. The hierarchical structure of Indonesia's legal system reflects Kelsen's theory, which posits that law consists of interrelated levels of norms. Each level derives its authority from the norm above it, with the basic norm at the apex, serving as the source of legitimacy for the entire legal system. In the Indonesian context, this basic norm can be identified as the UUD NRI 1945, which underpins all subordinate legislation. The review mechanism for legal norms also illustrates the influence of Kelsen's theory. Judicial review, conducted by the Constitutional Court, assesses whether a law aligns with the Constitution. Political review is undertaken by legislative bodies such as the DPR, which can evaluate and amend legislation. Executive review is carried out by executive bodies, such as the President or ministers, who have the authority to adjust or repeal regulations deemed inappropriate.

Legality of Electronic Contracts in the Context of Good Faith Principle Application in E-Commerce Transactions within the Modern Economy: A Review Based on Wilstheorie

Pristika Handayani — 2024-08-17

Seeing the many facilities provided by E-commerce, especially related to electronic contracts, legal problems arise from the side of civil law related to the validity of the agreement and the legal relationship of the parties. This research aims to determine the validity of electronic contracts from the perspective of the application of the principle of good faith in e-commerce transactions in the context of modern economics according to Wilstheorie. Electronic contracts are the result of advances in technology and information, where buying and selling transactions are carried out online through electronic media. The provisions regarding the legal requirements and legal force of electronic contracts in the laws governing electronic transactions are still uncertain. Electronic contracts are often made in a standardized contract format, where the clauses made do not pay attention to the application of the principle of good faith and applicable laws and regulations. Wilstheorie emphasizes the importance of moral and intellectual agreements with integrity and honesty and has an important role in shaping social structures that are not only fair but also sustainable. The research method used in this scientific work is normative juridical research method. The results of this study state that Wilstheorie about standard contracts is an agreement or contract based on a shared understanding of the values and principles that underlie common life in society with integrity and honesty. This concept emphasizes the importance of moral and intellectual agreements in shaping a fair and sustainable social order.

Clarity of Information and Consumer Consent in the Usage of Personal Data by E-Commerce Platform

Dinda Silviana Putri — 2024-08-26

The widespread use of e-commerce platforms in the era of the industrial revolution 4.0 cannot be separated from concerns about the use of personal data by these platforms without the consent of consumers. This can lead to misuse of consumers' personal data and causing losses. For this reason, regulations that protect consumer personal data from this are needed. In this regard, the existing legal instruments in Indonesia to protect personal data in general has been regulated in Law Number 27 of 2022 concerning Personal Data Protection and Government Regulation of the Republic of Indonesia Number 80 of 2019 concerning Trading Through Electronic Systems (PP 80/2019). The problem is, these regulations do not provide an affirmation regarding the terms and conditions of the format that must be made by e-commerce platforms, thus that they are often made with lengthy and complex legal language which results in the impression that consumers agree to the use of personal data, even though they do not know it. Regarding this problem, the authors provide recommendations for adding provisions to PP 80/2019 which contains a brief, clear, and simple format of terms and conditions that must be made by e-commerce platforms in relation to the use of personal data.