Jurnal Online Universitas Pekalongan
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Differences and Points of Reference of Ood in the Perspective of Procedural Law of the State Administrative Court and Civil Procedure Law
Full text linkThis study aims to examine the differences and tangents related to the Object of Dispute (OOD) in the perspective of the State Administrative Court (PTUN) Procedural Law and the Civil Procedure Law. In judicial practice, the determination of OOD is crucial because it concerns absolute authority between two different judicial regimes. This research uses a normative juridical method with a legislative and conceptual approach, and is analysed qualitatively. The results of the study show that although the PTUN and the civil courts both handle legal disputes, the fundamental differences lie in the type of legal subject, the nature of the object of the dispute, and the underlying principles. On the other hand, there are potential tangents in the case of objects that are civil in nature but are issued by state administrative bodies or officials, which gives rise to jurisdictional overlaps. Therefore, it is necessary to affirm norms and harmonize the regulation of absolute authority to avoid legal dualism that is detrimental to justice seekers. This research makes a theoretical and practical contribution in strengthening the boundaries of the absolute competence of the judiciary in Indonesi
Criminal Procedure Law Reform on Non-Imposing of Penalty in Judicial Decisions Following the Enactment of Law Number 1 of 2023 on the Indonesian Criminal Code
Full text linkThe reform of criminal law under Law Number 1 of 2023 on the Indonesian Penal Code (KUHP) as the new material criminal law introduces the concept of Judicial Pardon or Rechterlijk Pardon. This reform allows for the possibility of a guilty verdict without the imposition of a criminal sentence in the Indonesian Penal Code. The central issues addressed in this study are: (1) What are the aims and conceptual foundations of Judicial Pardon or Rechterlijk Pardon? and (2) How is the concept regulated under Law Number 1 of 2023 on the Penal Code, Law Number 8 of 1981 on the Criminal Procedure Code (KUHAP), and the 2012 Draft Criminal Procedure Code (RKUHAP)? This study employs a normative juridical method, using both the statute approach and the comparative approach. The research is based on secondary data, gathered through library research, and analyzed qualitatively. The criminal law reform through Law Number 1 of 2023 introduces Judicial Pardon or Rechterlijk Pardon as an alternative consideration for judges, allowing them to refrain from imposing a sentence while still upholding the principles of justice and humanity. However, this reform in the concept has yet to be accommodated within Indonesia’s formal criminal law, as reflected in the Criminal Procedure Code of 1981 and the 2012 Draft Criminal Procedure Code. These codes currently do not recognize Judicial Pardon as a valid form of judgment—that is, a decision wherein a defendant is proven guilty beyond reasonable doubt but is not punished due to judicial clemency. Therefore, harmonization and adjustment are needed to ensure consistency in the application of Judicial Pardon or Rechterlijk Pardon within both material and formal criminal law systems, contributing to a more coherent and unified criminal justice system in Indonesia
Legal Consequences Of Insider Trading In Limited Liability Companies
Full text linkThe background of this study focuses on insider trading practices and the legal consequences for insider trading perpetrators in limited liability companies. The specific target of this study is to explain the legal consequences for insider trading perpetrators. The insider trading phenomenon is pivotal to examining the limited liability companies\u27 evolution, as insider trading may impact the company\u27s prospects. Insider Trading provides many benefits for its perpetrators, including obtaining accurate information from insiders regarding the company\u27s prospects in the future. This information can augment stock prices and can also decrease significantly. It allows the perpetrators to gain extraordinary profits by buying or selling earlier than other parties. Through insider trading, investors can earn profits that other parties may not enjoy. Indonesia classifies insider trading as a crime. This point is in line with Law Number 8 of 1995 regarding the Capital Market, which prohibits individuals possessing insider information about a company from purchasing or selling shares in the capital market
Reassessing Sovereignty and Sustainability in Nickel Downstreaming: An Economic Analysis of Indonesia’s Legal Framework
Full text linkIndonesia possesses the world’s largest nickel reserves, positioning the commodity as a key strategic natural resource—often classified as a critical mineral. Based on Article 33 of the 1945 Constitution, the governance of natural resources, including nickel, must be carried out fairly and sustainably to benefit the people\u27s welfare. The policy of nickel downstreaming, particularly through the development of smelter industries, represents one expression of state sovereignty over natural wealth. Nonetheless, the execution of this policy presents several challenges, including environmental degradation, unequal distribution of economic gains, and reliance on non-renewable, polluting energy sources like coal. This study adopts an economic analysis of law framework to evaluate the efficiency and effectiveness of Indonesia’s nickel downstreaming regulations. Using a normative juridical method with statutory and conceptual approaches, the research finds that although current regulations formally demonstrate state sovereignty, they fall short in upholding the constitutional principles of sustainability and social justice. The policy has, in practice, led to environmental harm and socio-economic disparities among impacted communities. From an economic analysis of law perspective, the downstreaming strategy has yet to achieve optimal economic efficiency, fair benefit distribution, and proper handling of negative externalities. As such, regulatory reform is essential to ensure legal certainty, promote environmental preservation, and reinforce social welfare through mining downstream policies, including those related to nickel
The Thought of the Ulama of the Islamic Association on the Transformation of the Social and Cultural Role of Women as Housewives: Implications for the Concept of Gender Equality
Full text linkThe Unity of Islam cleric\u27s thinking is distinctive in determining legal provisions, especially in formal rituals. However, a different approach is used when discussing the shift in the role of housewives, which does not yet have a firm view from Islamic Unity scholars. This research uses descriptive analysis method by collecting data through observation, interviews, and documentation, as well as the main data source from the opinions of Islamic Unity scholars. The aim is to analyze the thoughts of Islamic Unity scholars on the changing social and economic roles of women as housewives. The results of the study were analyzed using an empirical juridical approach, gender equality theory, and the concept of family law reform from Tahir Mahmood. In conclusion, the Islamic Union scholars consider the role of women in family law as part of muamalah that can be developed progressively, while still paying attention to the principles of Islamic law. This thinking is socialized positively through various activities to the community, with the al-maslahah al-mursalah approach to maintain the principle of women\u27s dual role as housewives, without equating all activities between men and women
The Authority Of The Public Prosecutor In Confiscation Of Asset For Perpetrators Of Money Laundering Criminal Acts With Offshore Conversion Scheme: Authority Of The Public Prosecutor In Confiscation Of Asset For Perpetrators Of Money Laundering Criminal Acts With Offshore Conversion Scheme
No full textThe purpose of this research is to analyze the law in Indonesia which regulates the confiscation of assets of perpetrators of money laundering crimes using overseas conversion schemes which place assets resulting from criminal acts abroad, as well as identifying the scope of the Public Prosecutor\u27s authority in handling money laundering criminal cases with an offshore conversion scheme. By using normative juridical research methods, it was found that currently the main regulation for money laundering criminal cases is Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. Meanwhile, the authority of the Prosecutor as Public Prosecutor is regulated in Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor\u27s Office of the Republic of Indonesia. There are progressive steps in the preparation of legal regulations in the field of money laundering, namely the drafting of the Draft Law on Asset Confiscation which allows the Public Prosecutor as the executor of the judge\u27s decision to carry out asset confiscation in rem, as well known as non-conviction based forfeiture asset, that means legal action against the assets themselves, not against to the asset itself. individual (in personam) as in ordinary criminal cases.Tujuan dilakukannya penelitian ini adalah untuk menganalisis hukum di Indonesia yang mengatur terkait perampasan aset terhadap pelaku tindak pidana pencucian uang dengan skema offshore conversion yang menempatkan aset hasil tindak pidananya di luar negeri, serta mengidentifikasi ruang lingkup kewenangan Jaksa Penuntut Umum dalam menangani perkara tindak pidana pencucian uang dengan skema offshore conversion. Dengan menggunakan metode penelitian yuridis normatif, ditemukan bahwa saat ini peraturan yang menjadi payung dalam perkara tindak pidana pencucian uang adalah Undang-Undang Nomor 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Sedangkan kewenangan Jaksa sebagai Penuntut Umum diatur dalam Undang-Undang Nomor 11 Tahun 2021 tentang Perubahan Atas Undang-Undang Nomor 16 Tahun 2004 tentang Kejaksaan Republik Indonesia. Terdapat Langkah progresif dalam penyusunan peraturan hukum dalam bidang tindak pidana pencucian uang, yaitu disusunnya Rancangan Undang-Undang Perampasan Aset yang memungkinkan Jaksa Penuntut Umum sebagai eksekutor putusan hakim untuk melakukan perampasan aset secara in rem atau dalam tuntutan disebut juga non-conviction based forfeiture asset, yaitu tindakan hukum yang melawan aset itu sendiri, bukan terhadap individu (in personam) seperti dalam perkara pidana biasa
Providing Legal Protection for Holders of Electronic Land Certificates
Full text linkDigital transformation in Indonesia’s land administration is being realized through the implementation of Electronic Land Certificates, aiming to enhance efficiency, transparency, and legal certainty. This study explores the evidentiary strength and legal protection afforded to holders of electronic land certificates. Using a normative legal approach, the analysis draws on relevant legal frameworks, including the Electronic Information and Transactions Law, the Consumer Protection Law, and Ministry Regulation No. 3 of 2023 of the National Land Agency/Agrarian Affairs and Spatial Planning. The findings indicate that electronic land certificates are legally valid as evidence in court, safeguarded by data security regulations, and supported by encryption technologies, electronic signatures, and QR codes. Legal protection is provided through both preventive and repressive measures, covering rights to information, personal data security, and dispute resolution mechanisms. However, several challenges persist, especially in regard to digital literacy and infrastructure, and system integration. In conclusion, the successful adoption of electronic land certificates depends on regulatory coherence, technological readiness, and active public participation to establish a secure and reliable digital land administration syste
Law and Investment Comparison in Australia, South Korea, and Indonesia
Full text linkThis essay examines the legal and policy frameworks regulating foreign direct investment (FDI) in Australia, South Korea, and Indonesia by focusing on three key areas of law: national laws on foreign investment (including treaties), competition and consumer law, and anti-corruption law. These legal domains significantly influence the decisions and risk assessments of outbound investors. The study highlights how each country’s legal system—Australia’s common law versus South Korea’s and Indonesia’s civil law traditions—affects FDI regulation. It also contrasts developed (Australia and South Korea) and developing (Indonesia) economies, revealing distinct challenges and opportunities in attracting sustainable FDI. Comparative legal analysis is used to assess the effectiveness and limitations of existing frameworks, especially in the context of pre- and post-pandemic reforms. While Australia and South Korea are seen as stable and secure environments for investment, Indonesia, despite being high-risk, offers potentially higher returns. The essay argues that legal clarity and effective governance—especially in anti-corruption and competition regulation—play a critical role in fostering investor confidence. Using a normative legal research method with descriptive, analytical, and case study approaches, the essay concludes that comprehensive understanding of these legal areas is essential for minimizing investment risks and promoting sustainable FDI flows
The Legality and Legal Validity of Online Auctions: A Normative Study in the Era of Public Service Digitalization
Full text linkThis research examines the legality and legal validity of online auctions within the framework of applicable laws and regulations, and assesses its consistency with the principles of administrative law and legal protection for the parties. The purpose of this study is to analyze whether the implementation of online auctions has an adequate legal basis and how the formal and material validity of online auctions is normatively guaranteed. This research uses juridical-normative method with statutory approach and conceptual approach. The data analysis technique is carried out qualitatively by reviewing relevant laws and regulations, including the Minister of Finance Regulation (PMK), the Regulation of the Public Procurement Policy Agency (LKPP), and other technical regulations for the implementation of online auctions. The novelty of this research lies in the normative evaluation of the convergence between positive law and the rapidly growing practice of digital auctions. The results show that although the implementation of online auctions has been accommodated in a number of regulations, there are still lacunae of norms and inconsistencies between regulations that have the potential to cause legal uncertainty. On the other hand, the legal validity aspect of online auctions is still considered not fully fulfilling the principles of transparency, accountability, and legal protection for participants. This study recommends the establishment of special regulations regarding online auctions in the form of laws or at least comprehensive government regulations, in order to strengthen the legal basis and ensure certainty and justice in the practice of online auctions in the digital era
Criminal Responsibility for Perpetrators Distributing Content Electronic Gambling (Analysis of Decision Number: 367/ Pid.Sus /2025/Pn. Mdn)
Full text linkStudy This to describe related problem gambling that focuses on regulation offense load gambling based on regulation legislation in Indonesia and Accountability criminal for perpetrator distribute gambling through Electronic analysis decision number : 367/ Pid.Sus /2025/ PN . Mdn ). The research method used namely type study legal normative , so the data used is secondary data , and do data analysis with qualitative . Based on results found that arrangement offense load gambling based on regulation legislation in Indonesia , namely load gambling has regulated in the Criminal Code and Law Law No. 7 of 1974 concerning Orderliness Gambling , if offense gambling normal . As well as Article 27 paragraph (2) of the Law Republic of Indonesia Number 1 of 2024 Concerning Change Secondly , under the Law Republic of Indonesia Number 11 of 2008 Concerning Information and Transactions Electronics . Accountability criminal for perpetrator distribute gambling through Electronic based on analysis decision number : 367/ Pid.Sus /2025/PN. Mdn ) namely accountability criminal has fulfil elements , which are the perpetrators proven without right distribute , transmit and or make can accessible information electronics and or document electronics that have load gambling so that element the has fulfilled and has been dropped punishment criminal in accordance Article 27 paragraph (2) in conjunction with Article 45 paragraph (3) of the Law Republic of Indonesia Number 1 of 2024 Concerning Change Secondly , under the Law Republic of Indonesia Number 11 of 2008 Concerning Information and Transactions Electronic has fulfilled , and stated has proven in a way valid and convincing do act criminal gamblin