Arena Hukum

Reconstruction of Restitution as an Additional Punishment for Victims of Criminal Acts

2024-03-15T01:22:08+00:00

Victims of criminal acts as suffering parties should get comprehensive protection, especially in the process of recovering losses that they have experienced. Since the enactment of the National Criminal Code which has protected victims, efforts to recover losses for victims began to be considered with the inclusion of compensation as an additional form of punishment. However, compensation as an additional punishment creates weaknesses, this weakness is illustrated by the nature of additional punishment, namely additional punishment as a type of punishment that is not mandatory to be imposed, so that victims will not automatically get compensation, of course, this does not reflect the value of justice for victims. So it is necessary to analyze the Reconstruction of Compensation Arrangements as Additional punishment for Victims of Criminal Acts that are Just and Useful. This paper is prepared based on the results of normative research using a statutory approach (Statute Approach) and analysis of grammatical and teleological interpretations. The results of this study show that the reconstruction of restitution arrangements for victims that are just and beneficial is to place criminal compensation through restitution mechanisms as one form of perpetrators' responsibility to victims of criminal acts as one of the main types of punishment in the provisions of the National Criminal Code, with the placement of criminal compensation as one of the main criminal forms will create certainty for victims in obtaining recovery of the convict.

Special Testimony as a Reforming Concept in the Indonesian Juvenile Criminal Justice System

2024-04-25T00:54:57+00:00

Children who have suffered from sexual violence face an increased risk of re-victimization during judicial proceedings. Research by Hannah (2019) and Nina Papalia (2021) indicates that about 50% of child victims experience re-victimization during trials, as they are required to relive their traumatic experiences. In response, countries like Norway and Brazil have introduced additional preventive measures to mitigate these negative effects. This normative study utilizes legislative, conceptual, and comparative methodologies. Its objective is to examine the regulations governing the testimony of child victims of sexual violence in Indonesia, Norway, and Brazil, and to prescriptively identify positive aspects that could be incorporated to enhance Indonesia's Juvenile Justice System. The research findings indicate that Brazil's "special testimony" model for child testimony is more suitable for adoption in Indonesia than the "Nordic Model" implemented in Norway. The concept of "special testimony" that can be integrated into Indonesia's Juvenile Justice System includes (1) the investigation process conducted with electronic recording, which can be used as evidence in court; (2) the examination of testimony by a psychologist or an investigator trained in child psychology; (3) the frequency of a child's testimony limited to only once during the investigation stage, unless deemed necessary by the judge; (4) the use of technology or electronic devices during special examinations by a psychologist in a designated interview room.

Application of Procedural Justice vis a vis Substantive Justice in Law Enforcement

2023-02-06T03:47:29+00:00

This study aims to examine the application of procedural justice and substantive justice in law enforcement. The research method used in this article is mixed, namely normative and sociological legal research. Normative legal research uses a conceptual approach and a case approach, while sociological legal research uses a socio-legal approach because the concept of law enforcement will be analyzed from the perspective of legal culture. The research discussion shows that the application of procedural justice vis a vis substantive justice in the realm of law enforcement often cannot run simultaneously, in certain circumstances procedural justice takes precedence, but in other circumstances substantive justice takes precedence. Procedural justice is closely related to the propriety and transparency of the decision-making process. Meanwhile, substantive justice focuses on internal aspects, which contain elements in the law about "truth" and "guilt". However, both must remain grounded in existing legal norms. Based on the results of this study, it can be concluded that there has been a discourse on the application of procedural justice vis a vis substantive justice in law enforcement. The author divides this discourse into three stages, namely the investigation stage, the prosecution stage, and the decision stage.

Restructuring the Requirements for Establishing a Company to Adopting a One-Man Company Without Limitation

2023-02-16T07:36:08+00:00

The acceptance of a one-man company in Indonesian company law is progress, but it is not yet by the modern concept of a one-man company and is contrary to justice. Modern one-man companies are not limited to certain types of limited liability companies but are an alternative to multi-member companies. Restrictions on the type of one-man company have implications for unequal opportunities in the establishment of one-man company. Based on these problems, this research aims to answer three issues, namely the basis for adopting certain types of one-man companies, the relationship between certain types of one-man companies and justice, and the prospects for adopting one-man companies without restrictions on certain types. Using the types of doctrinal legal research and law reform-oriented research, this research produces three conclusions. First, the acceptance of one-man companies is only for Persero, regional-owned enterprises, village-owned enterprises, companies in the capital market, and micro and small business companies according to the characteristics of each of these companies which are different from companies in general in the aspects of establishment, function, organ structure, and dissolution. Second, the acceptance of one-man company only for certain types of companies has implications for unequal opportunities for everyone to establish one-man company and this is against the principle of justice. Third, the restructuring of the requirements for the establishment of a company does not eliminate the terms of the agreement but provides an option for everyone to establish a multi-shareholder company based on an agreement or to establish a one-man company.

P2P Lending Default Settlement in Indonesia and United States

2022-10-10T02:28:31+00:00

This study aims to examine the arrangement and settlement of default on P2P Lending in Indonesia and the United States. This research is normative research, that is analyzing data concerning the legal norms contained in the legislation and using a comparative approach to the United States. The results of the study show that first, there are differences in the arrangement and settlement of defaults on P2P Lending in Indonesia and the United States. Settlement of P2P Lending defaults in the United States uses a collection mechanism by an internal team and a third party (Debt collector) but in its implementation, it must comply with the Fair Debt Collection Practices Act (FDCPA). Meanwhile, in Indonesia, the settlement of loan defaults can be resolved through litigation and non-litigation through LAPS. However, there is still not much being done through litigation or non-litigation through LAPS but by using the services of third parties (debt collectors) which is often problematic because there is no law that specifically regulates debt collection practices.

Legal Responsibility of Grab Shops to Consumers in Online Buying and Selling Online

2023-02-06T03:50:55+00:00

In this modern era of globalization, all human activities are sought to be carried out quickly and easily. Human activities are minimized with tools, sophisticated tools in the form of electronics are all made to make human work easier. People are no strangers to the internet. All levels of society can enjoy internet services anytime and anywhere. One of them is in the field of buying and selling online. Grab Toko is an e-commerce platform service that provides massive promotions of up to 90 percent related to the electronic goods it sells. Grab Toko carries out promotions through advertisements on TV, social media, brochures, and others. So many consumers who see the advertisement are tempted by the promotions offered by grab stores. So that many consumers transfer some money to get these goods, but the grab shop does not send all consumer orders so many consumers are harmed. This study aims to analyze the problems in buying and selling online. The research method used in this writing is a normative juridical type which is carried out by studying the applicable legal norms or norms and reviewing library materials that contain theoretical concepts related to the legal issues discussed. The results of the research on the discussion in this thesis are, First, the form of legal responsibility of grab stores towards consumers in buying and selling online. Second, settlement efforts can be made by consumers to grab stores in buying and selling online

The Urgency of Reforming Indonesian Arbitration Law Within a Paradigmatic Perspective

2024-04-25T00:46:58+00:00

As time progressed, there was a desire from several parties to reform Law No. 30 on Arbitration and Alternative Alternative Dispute Resolution. This is based on the fact that the current Arbitration Law is considered no longer by existing developments. Although the renewal of Indonesian arbitration law is an inevitable necessity for Indonesia, it does not mean that the renewal of arbitration law goes as it is, just following the existing flow without any clarity of direction. This research aims to analyze the paradigmatic basis that can be developed to reform Indonesian Arbitration law. The research method used is normative legal research with a statute approach and conceptual approach. The results show that the universalistic particularism paradigm can be developed to reform Indonesian arbitration law. To renew Indonesian Arbitration law, the current Arbitration Law can be retained as a domestic Arbitration regulation, while for international arbitration regulation, the UNCITRAL Model Law on International Commercial Arbitration can be adopted.

Examining the Government's Efforts to Curb Abandoned Land

2023-07-25T04:32:59+00:00

Controlling land indicated to be abandoned is part of aligning agrarian reform goals. Effective land management will result in land use following its intended use, one of which is the right to cultivate. This writing aims to describe and provide an overview of land indicated as abandoned with the status of cultivation rights granted and to provide recommendations for respecting and protecting the community's rights to the land they own. The method used is a normative juridical approach by making comparisons in the form of a case approach and a statutory regulation approach. The results of this research are that several factors make land indicated as abandoned and the government's efforts to resolve it. The legal position should work based on what is in the norms to achieve certainty and justice over land. The form of legal operation is part of harmonizing existing regulations with social conditions in society as mandated in paragraph 4 of the 1945 Constitution of the Republic of Indonesia. That the government of the Republic of Indonesia protects the entire nation and prospers society as a whole.

Legal Construction of FPIC as a Protection Ulayat Rights

2023-07-04T01:53:58+00:00

This study examines the arrangements for protecting the ulayat rights of Indigenous people by looking at the current problems. Apart from that, researchers will also relate it to the FPIC policy as a solution to protecting the ulayat rights of Indigenous people. The research method used is normative law and uses four approaches, namely the statutory approach, conceptual approach, case approach, and comparative approach. In analyzing the legal issues studied, researchers used literature study techniques and used legal materials consisting of primary legal materials and secondary legal materials. The protection of Indigenous peoples over ulayat rights has been regulated in several regulations and even protected by the constitution. However, the process of implementing the protection of indigenous peoples' customary rights is still far from expectations. For this reason, FPIC needs to be adopted as a national legal instrument. FPIC practices have been implemented and proven successful in India and the Philippines. FPIC emphasizes the participation of indigenous peoples in determining their rights.

Construction of Telemedicine Implementation License Arrangements Application Based in Indonesia

2024-03-28T02:00:28+00:00

Health services are now in the palm of our hands, known as telemedicine. Application-based telemedicine services that tend to be in demand by the public are technology companies that serve in the field of teleconsultation. Teleconsultations of interest to users in Indonesia are e-services in collaboration with healthcare providers, pharmaceutical service providers, or maternity service providers. Looking at the existing legal vacuum compared to Malaysia and Singapore, which have both developed telemedicine for the community, researchers see that there is no very significant regulation of the implementation guidance and supervision of telemedicine services, especially on application-based teleconsultation developed by technology companies. The type of research used is Juridical-Normative research. Researchers use laws and regulations in Indonesia as well as regulatory comparisons with Malaysia and Singapore. The approaches used by researchers are the statutory approach, conceptual approach, and comparative approach. The aim is to create specific ideas in the implementing regulations for licensing the implementation of application-based telemedicine in Indonesia. The results show that there is no specific licensing arrangement for the implementation of application-based telemedicine developed by technology companies in Indonesia. More specific arrangements can be outlined in Government Regulations by the hierarchy of laws and "beleidsregel" with discretionary authority owned by Administrative Officials to fill the legal vacuum (rechtsvacuum) by the legal adage Lex Semper Dabit Remedium which means "the law always provides a cure or solution to a problem" this is in line with the spirit of progressive law in society.

National Law Development Perspective on Job Creation Law: A Critique

2023-07-04T01:34:04+00:00

Choosing "shortcuts" is not always the best way, especially when establishing national legal policy. Such as the establishment of Law Number 6 of 2023 on Job Creation (Job Creation Law) to replace and abolish the conditionally unconstitutional status of Law Number 11 of 2020 on Job Creation (Law No. 11 of 2020). The problem that arises is that the formation of the Job Creation Law is carried out through the issuance of government regulations in lieu of laws. This step is more straightforward than making changes normally, but this legal choice shows the arrogance of the government in Indonesia's law development. Therefore, this article aims to analyze the establishment of the Job Creation Law arising from a compelling exigency and elaborate on its relationship with national law development based on Constitutional Court Decision No. 91/PUU-XVIII/2020. Through socio-legal inquiry, this article shows that the establishment of the Job Creation Law initiated through Perppu fails to fulfill the requirement of compelling exigency and negates meaningful participation to improve Law No. 11 of 2020 as ordered by the Constitutional Court's decision. The next findings explain the enactment of the Job Creation Law as an arrogant national law development effort by the government so that the substance tends to reflect orthodox law development.

Polarization of Islamic Scholars on the Legality of Cryptocurrency Usage as Currency

2023-07-24T00:20:58+00:00

Cryptocurrency is one of the concerns related to the development of virtual finance, whose existence raises pros and cons among Islamic scholars. The problem of this research is related to the polarization of scholars who justify and forbid the use of cryptocurrency as a currency for transaction purposes. This type of research uses normative legal research with a statutory and conceptual approach from the perspective of Islamic law. The data uses secondary data, which includes primary, secondary, and tertiary legal materials. The findings indicate that some Islamic scholars forbid cryptocurrency based on the absence of its intrinsic value and the large level of fluctuation that causes gharar. Meanwhile, some scholars allow cryptocurrencies to be created and used only for monetary purposes, with no other utility. The recommendations in this paper are that, in principle, cryptocurrency is inevitably accepted as a new type of medium of exchange that is by the times, Islamic scholars need to establish ijma' and qiyas which are the basis for determining the halal value in their use.