Universitas Narotama Surabaya (UNNAR): Journals
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KEPASTIAN HUKUM PELAKSANAAN EKSEKUSI PUTUSAN PIDANA YANG TELAH BERKEKUATAN HUKUM TETAP
Full text linkThe execution of criminal verdicts that have permanent legal force is a crucial stage in the criminal justice system, which serves to ensure legal certainty while upholding victims' rights. This research aims to examine the mechanism and procedure for the execution of final criminal verdict (inkracht van gewijsde). The execution of criminal verdicts is an important stage in the criminal justice system because it confirms the enforceability of court decisions while ensuring the achievement of legal certainty. In the context of criminal judgment execution, legal certainty not only protects the rights of victims and convicts but also reflects fair and effective law enforcement. In order for the execution to run in accordance with legal provisions, an in-depth understanding of the legal basis, formal procedures, and principles governing the rights and obligations of all parties involved is required. By using normative legal research methods as well as approaches based on laws and regulations and legal concepts, this study examines the mechanisms and procedures for the execution of criminal decisions that have permanent legal force.
Keywords: Legal Certainty, Criminal Decision, Inkracht Van Gewijsde, Executio
PERLINDUNGAN HAK ULAYAT MASYARAKAT HUKUM ADAT DALAM KEGIATAN PERTAMBANGAN
Full text linkThis study examines the position of customary rights in the context of mining permit conflicts in Indonesia. Although customary rights have been recognized in various regulations, including the 1945 Constitution and the Basic Agrarian Law (UUPA), in practice, these rights are often ignored in the mining permit granting process. Conflicts arise when mining permits are issued for land that falls within the customary rights area of indigenous peoples, without involving them in the decision-making process. The purpose of this study is to determine the position of customary rights in relation to mining permits and the challenges faced by indigenous peoples in defending their rights. The results of this study show that although the customary rights of indigenous peoples are recognized in various regulations, this recognition is often not consistently applied in the practice of mining licensing. Indigenous peoples are often not involved in the licensing process, and their customary rights are often ignored when permits are granted for the exploitation of natural resources in their territories. This has led to conflicts between indigenous peoples and mining companies and the government.
Keywords: Land, Customary Rights, Indigenous Peoples, Mining
PENGATURAN TINDAK PIDANA DALAM PERATURAN DAERAH PASCA DITETAPKANNYA UU NO. 1 TAHUN 2024
Full text linkThe enactment of Law Number 1 of 2024 concerning the Criminal Code has brought fundamental changes to the criminal law system in Indonesia, including the regulation of criminal offenses in Regional Regulations (Peraturan Daerah). This research aims to examine the regulation of criminal offenses in Regional Regulations after the enactment of Law Number 1 of 2024. The changes include the elimination of imprisonment (pidana kurungan) in regional regulations, the adoption of a new fine categorization system consisting of eight categories, the obligation for all regional governments to adjust the criminal provisions in their regulations to comply with Book One of the new Criminal Code as mandated by Article 613, and the elimination of the distinction between crimes and violations. This study uses a normative legal research method with a statutory approach and a conceptual approach. The results show that regional regulations must undergo significant adjustments in terms of criminal sanctions, legal terminology, and enforcement mechanisms to remain consistent with the new national criminal law framework.
Keywords: Criminal Offense, Regional Regulation, Criminal Code, Law Number 1 of 202
How AI Impacts Entrepreneurs’ Psychology: Self-Efficacy, Technostress, Dependency, and Work Engagement (A Literature Review)
No full textThe rise of artificial intelligence (AI) presents entrepreneurs with unique yet significant psychological challenges and opportunities that remain underexplored. This literature review examines the impact of AI adoption on entrepreneurs’ psychological well-being, performance, and work engagement, addressing the question: What are the psychological effects of AI adoption on entrepreneurs? It builds on existing psychological theories regarding entrepreneurship and the rise of new technologies,, such as technostress and burnout, while narrowing the focus to the emergent field of AI and its impact on founders. Given that scholars have expressed that negative founder mental health correlates with poor business performance, examining how AI affects the psychological states of entrepreneurs is essential for the flourishing of both individuals and their startups.
Using a narrative synthesis of 39 studies, this paper categorizes findings into four key themes: Self-Efficacy, Mastery, and Confidence; AI Dependency and Automation Bias; Technostress, Burnout, and Anxiety; and Work Engagement. Findings indicate that AI tools can enhance entrepreneurs’ self-efficacy, confidence, and decision-making by lowering barriers to entry and reducing cognitive load (e.g., streamlining tasks and providing data-driven insights), particularly for diverse and underrepresented founders. At the same time, over-reliance on AI fosters dependency, automation bias, and diminished critical thinking, while both under- and over-use of AI correlate with heightened technostress, anxiety, and burnout. The relationship between AI adoption and work engagement appears two-fold: moderate use enhances productivity and focus, while excessive or minimal use undermines satisfaction and resilience. These findings underscore that entrepreneurs’ psychological outcomes depend on how they navigate AI’s capabilities and limitations, highlighting the need for balanced adoption strategies. Future research should examine longitudinal effects, individual differences, and targeted interventions to mitigate adverse outcomes and support founders’ well-being in an AI-driven entrepreneurial landscape
TINJAUAN PERILAKU PIDANA KERAHASIAAN DATA KONSUMEN TERAKOMODIR DALAM IMPLEMENTASI FINANCIAL TEKNOLOGI BERDASARKAN UNDANG UNDANG NOMOR 4 TAHUN 2023
Full text linkAccelerating the development of financial technology is mandated by law. A crucial aspect of financial technology management is its relationship to managing customer data confidentiality. Misuse of customer data remains rampant. Therefore, the purpose of this research is to determine that customer data confidentiality constitutes a criminal offense, requiring managers to exercise extreme caution. This research utilizes a normative juridical legal method with a statutory regulatory and conceptual approach. Therefore, the writing relies on primary sources, namely laws and expert opinions/doctrines. The results of the research indicate that data confidentiality is an essential principle in digital business activities, particularly in digital banking, and serves as an instrument for protecting data subjects' privacy rights. Financial institutions have a legal obligation to maintain the security and confidentiality of the personal data they manage.
Keywords: Fintech, Customer Confidentiality, Object of Criminal Offense, Tipidter
 
PENERAPAN PRINSIP KEADILAN DALAM PENGGANTIAN SANKSI PIDANA TERHADAP KORPORASI PELAKU TINDAK PIDANA KORUPSI MENURUT UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI
Full text linkThis study aims to analyze the form and legal basis of corporate criminal liability in corruption crimes and assess the application of the principle of justice in the replacement of criminal sanctions against corporations. The study focuses on the provisions of Article 2 and Article 20 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001, which recognizes corporations as subjects of criminal law and regulates the types of sanctions that can be imposed. This study uses a normative juridical method with a statutory and conceptual approach through a literature study of primary and secondary legal materials. The results of the study indicate that corporations can be held criminally responsible if the crime is committed by management or parties acting for and on behalf of the corporation within the scope of their authority. However, the regulation of sanctions limited to a maximum fine of one-third raises issues of effectiveness and does not fully reflect the principles of proportionality and justice, especially in cases involving large state losses and when fines are not paid. Therefore, strengthening regulations regarding the mechanism for substitute criminal sanctions is necessary so that criminal penalties against corporations can provide legal certainty, reflect substantive justice, and support the effectiveness of eradicating corruption involving corporations.
Keywords: corporate criminal liability, corruption, criminal fines, principle of justice, proportionalit
PENDAPAT HUKUM TENTANG PEMBENTUKAN “KAMPUNG RESTORATIVE JUSTICE” DI KABUPATEN GRESIK
Full text link“Kampung Restorative Justice” is a community-based initiative aimed at resolving criminal cases through restorative justice principles that emphasize restoring relationships between offenders, victims, and the community. Unlike conventional approaches that focus mainly on punishment, this model prioritizes mediation, dialogue, and mutual agreement to achieve fair and balanced outcomes for all parties involved. The concept was developed to implement restorative justice at the village level, particularly in rural communities where social harmony and collective values play a significant role in maintaining order. In this approach, case resolution does not only impose sanctions on offenders but also seeks to repair the harm caused by the crime and rebuild trust among community members. Its main objectives include restoring damaged relationships, achieving peaceful settlements through agreements accepted by all parties, increasing public awareness about restorative justice, and preventing future crimes by encouraging offenders to take responsibility for their actions. The implementation generally involves mediation facilitated by community leaders, traditional authorities, or religious figures who act as neutral mediators. Community participation is essential, as residents may serve as witnesses or stakeholders in the reconciliation process. This model has been applied in resolving minor offenses such as petty theft and minor assault. However, challenges remain, including limited public understanding, differing views among law enforcement officials, and inadequate facilities to support mediation processes.
Keyword: Restorative justice, Kampung Restorative Justice, community-based dispute resolution, mediation, criminal justice refor
STRATEGIZING THE DEVELOPMENT OF MSME IN DISTRICT X
Full text linkMicro, Small and Medium Enterprises (MSMEs) is a business segment that has the potential to grow and become one of the backbones of economic development in Indonesia, one of which is in Regency X. In order to support the achievement of the vision and mission of Regency X, the government of Regency X intends to spur the development of MSMEs in its region by providing an MSME development program that aims to help MSMEs to develop into one of the pillars of regional economic development in Regency X by encouraging tourism development and encouraging the development of the creative economy (startup).
This study uses quantitative and qualitative approaches. The quantitative approach was carried out to obtain influential criteria for the development of MSMEs in Regency X which were then analyzed by the Cochran Q Test, the results of the selected criteria were continued with the calculation of the weights of internal factors and external factors, the calculation of the Internal Strategic Factors Analysis Summary (IFAS) and External Strategic Factors Analysis Summary (EFAS) matrices, determination of the SWOT analysis cartesian diagram and SWOT matrix. A qualitative approach was used to explore information on internal and external factors affecting the development of MSMEs in Kabupaten X and determine MSME development strategies based on the IFAS and EFAS matrices from the SWOT analysis results
Sustainable Land Management (SLM) Practices in Drylands: How Do They Address Desertification Threats?
Full text linkDesertification poses a significant and growing threat to drylands worldwide, profoundly impacting biodiversity, livelihoods, and food security. These regions, covering approximately 41% of the Earth's land surface and inhabited by over 2 billion people (United Nations, 2019), are particularly vulnerable due to their low precipitation and fragile ecosystems. Desertification, driven by climatic variations and human activities, leads to the degradation of land, diminishing agricultural productivity, deteriorating water quality, and exacerbating poverty (D'Odorico et al., 2013).
In response to these challenges, Sustainable Land Management (SLM) practices have emerged as critical tools in combating desertification and restoring ecological balance in drylands. SLM encompasses a diverse array of strategies aimed at sustainably managing land resources to enhance soil fertility, conserve water, and support resilient agricultural and pastoral systems. These practices not only mitigate the adverse effects of desertification but also contribute to the sustainable development goals by improving ecosystem health and supporting local livelihoods.
This paper explores the various SLM practices implemented in drylands, evaluating their effectiveness in mitigating desertification threats through a synthesis of case studies and scientific evidence. By highlighting successful strategies and identifying challenges in the adoption and implementation of SLM practices, this study aims to provide insights into enhancing sustainable land management strategies in the face of escalating desertification pressures.
 
The Influence of Transformational Leadership, Organizational Commitment, Management Support on Innovation Performance in Insurance Companies
Full text linkPurpose: The following study aims to explore the influence of transformational leadership, organizational commitment, and management support on innovation performance in insurance companies in Indonesia.
Methodology: The following study employed a quantitative methodology, utilizing a survey as the tool for data collection. Data was collected by administering surveys to staff members of 4 insurance companies in Cirebon City. The SPSS software was used to enable multiple linear regression in the data analysis process.
Findings: The following research results prove that transformational leadership (X1), organizational commitment (X2), and management support (X3) have a positive and significant influence on innovation performance (Y) in insurance companies. This finding confirms the importance of creating effective transformational leadership, increasing organizational commitment, and providing optimal management support to encourage increased innovation performance in the insurance sector. Improving these three factors contributes significantly, encouraging employees to be more active in innovating, and improving overall company performance. The analysis proves that transformational leadership has a regression coefficient of 0.279, while organizational commitment reaches 0.536, and management support is 0.131. This underscores that these three factors are key to driving innovation.
Originality/value: This paper is original
Paper type: a Research Pape