Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
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Legal Review of Corporate Criminal Liability in Traffic Accidents and The Concept of Law Enforcement Reviewed Based on Law Number 22 of 2009 Concerning Road Traffic and Transportation
No full textThis study examines the regulation and implementation of corporate criminal liability in traffic accident cases based on Law Number 22 of 2009 concerning Traffic and Road Transportation (LLAJ Law), with a case study at the Cirebon City Police. Theoretically, this research employs Peter Salim's Theory of Legal Responsibility and Soerjono Soekanto's Theory of Law Enforcement. The analysis shows that although the LLAJ Law provides a strong legal basis for prosecuting corporations through the obligation to ensure vehicle roadworthiness and operational safety, field implementation still faces significant obstacles. Law enforcement tends to be individualistic, focusing solely on the driver as the suspect. The main barriers include limited investigator competence in identifying corporate structural negligence, a lack of technical identification facilities, and a legal culture that does not yet demand corporate accountability. Proposed strategies to achieve legal certainty, justice, and public protection include strengthening structural audits of company management, enhancing investigators' technical capacity, and integrating administrative vehicle data between the police and the transportation department
Legal Analysis of The Prosecutor's Role in Efforts to Resolute Cases of Criminal Assault Through Restorative Justice (Study of Semarang District Prosecutor's Office)
No full textThis research is based on the need for a penal approach that prioritizes recovery, not retaliation. Especially against the criminal acts of persecution that often occur in Indonesian society. The purpose of this study is to analyze the role of the Prosecutor's Office in efforts to resolve cases of criminal acts of persecution through restorative justice based on the Prosecutor's Regulation of the Republic of Indonesia Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice, analyze how the weaknesses of the implementation of efforts to resolve criminal cases of persecution through restorative justice, and analyze the role of the Prosecutor's Office in efforts to resolve cases of criminal acts of persecution through restorative justice in the future. This study uses a sociological juridical approach method that identifies the law and examines the effectiveness of the law in society through empirical data. The results of this study show that the Prosecutor's Office plays a key role in the dominus litis authority possessed by the prosecutor to pursue cases of criminal acts of persecution through restorative justice, starting from assessing the feasibility of the case, facilitating the mediation/dialogue process, to the issuance of a Decree of Termination of Prosecution (SKP-2). However, in its implementation, the Prosecutor's Office still faces various weaknesses such as normative, structural, technical, and cultural/cultural weaknesses. This study also found that the arrival of the new Criminal Code brings fresh air to the Prosecutor's Office because it opens up great opportunities for strengthening the role of the Prosecutor's Office in making restorative justice the main approach in efforts to resolve cases of criminal acts of persecution
Legal Analysis of The Event of Every Person Who Intentionally Drives a Motor Vehicle in a Manner or in a Circumstance That Results in a Traffic Accident with Death, By Studying Decision Number 71/Pid.Sus/2025/Pn/Cilacap
No full textThis research aims to analyze the application of Article 311 paragraph (5) of Law No. 22 of 2009 to drivers who operate motor vehicles under the influence of alcohol resulting in death, particularly through an examination of the Cilacap District Court Decision No. 71/Pid.Sus/2025/PN Clp, as well as to assess the extent to which this provision protects the public and reflects the function of criminal law in the context of traffic safety. This study employs a normative juridical method through an examination of statutory regulations, doctrines of intent and negligence, the principle of legality, and relevant legal literature, complemented by an empirical juridical approach through an in-depth analysis of the facts and judicial considerations presented in the Cilacap District Court Decision No. 71/Pid.Sus/2025/PN Clp. The findings indicate that the application of Article 311 paragraph (5) has been executed accurately and proportionally, as the panel of judges successfully established the element of intent in the form of dolus eventualis, considering that the defendant was aware of the fatal risks of driving while intoxicated; at the same time, the study underscores the importance of maintaining a clear distinction between intent and negligence to prevent interpretative expansion that would conflict with the principle of legality
Legal Analysis and Implications of Modern Retail Licensing (Case Study: Alfamart and Indomart) In an Effort to Empower MSMEs in Pekalongan City
No full textFranchise minimarket chains such as Alfamart and Indomaret have websites accessible to everyone and provide detailed information on how to set up a franchise minimarket. Indomaret outlets are required to be 50–150 m2 in size, while Alfamart outlets are required to be 150–250 m2. The relatively small size of the business space allows for greater opportunities to enter the franchise system. Public interest in shopping at minimarkets has also increased due to the opinion that modern markets (including minimarkets) are tidier, cleaner, and more practical than traditional markets, although many people still choose to be loyal to traditional markets. This represents a shift from functional needs to psychological needs. Functional needs are needs directly related to the form or appearance (performance) of a product, while psychological needs are needs associated with the mental needs of consumers that can be met by shopping or purchasing a product. This research is a qualitative descriptive study. Qualitative descriptive research aims to describe or explain a phenomenon or problem in depth, using qualitative data such as interviews, observations, and document analysis. This research does not aim to test hypotheses or establish causal relationships, but rather focuses on a rich and detailed understanding of a phenomenon. This regulation aims to create a balance between modern retailers and local business actors. The existence of an electronically integrated business licensing system (Online Single Submission/OSS) based on the Job Creation Law has made the modern retail licensing process more centralized. However, the Pekalongan City Government still has the authority to limit or regulate certain aspects, such as zoning and partnerships
Analysis of Law Enforcement for Perpetrators of Criminal Acts of Assault From a Human Rights Perspective
No full textThis study examines law enforcement against perpetrators of assault crimes and its crucial role in safeguarding human rights (HR) in Indonesia. The research aims to analyze the implementation of law enforcement in assault cases from a human rights perspective, as well as to identify the obstacles and solutions encountered in the enforcement process. This study is important to ensure that the rights of both victims and defendants are fulfilled fairly and proportionally within the criminal justice system. The research method used is a socio-legal approach, combining normative study of applicable legal provisions with empirical analysis of social conditions in the field. Data were collected through literature review, legal documents, and interviews with law enforcement officers and victims of assault crimes. This approach enables the researcher to understand not only the formal legal aspects but also the social dynamics influencing law enforcement. The results show that law enforcement against assault perpetrators must always uphold human rights principles, respecting the rights of defendants while ensuring justice for victims. The obstacles encountered include limited human rights understanding among officers, insufficient institutional support and resources, and socio-cultural factors. To overcome these challenges, it is necessary to enhance the capacity of law enforcement personnel and provide continuous human rights education. This study concludes that human rights-based law enforcement can improve substantive justice and prevent recurring violence in society
Legal Analysis of the Authority of Law Enforcement Agencies in Marine and Coastal Areas
No full textIndonesia adheres to the concept of multi-agency single task in law enforcement in maritime and coastal areas. This is evident from the existence of 14 (fourteen) ministries/state institutions that have the authority to enforce the law in maritime and coastal areas as a result of the delegation of 18 (eighteen) laws related to maritime areas. The large number of ministries/state institutions involved in law enforcement makes the implementation of law enforcement ineffective due to the widespread overlapping authority regarding which institution has the authority to enforce the law if a violation occurs in Indonesian maritime and coastal areas. In addition, the problem of the large number of institutions authorized to enforce the law in maritime and coastal areas has a domino effect in the form of insufficient budget allocation for law enforcement, a shortage of the number and quality of investigative officers, and a lack of supporting facilities and infrastructure. This study aims to analyze the current regulation of law enforcement authority in maritime and coastal areas. To analyze the weaknesses and solutions in the implementation of law enforcement in maritime and coastal areas today. The research used in this thesis is normative legal. Normative legal research is usually "simply" a documentary study, using legal sources such as legislation, court decisions/rules, contracts/agreements/contracts, legal theories, and scholarly opinions. Another name for normative legal research is doctrinal legal research, also referred to as library research or document study. Based on the research conducted, it is known that the implementation of law enforcement in maritime and coastal areas is characterized by overlapping authority among 14 (fourteen) ministries/state institutions mandated by 18 (eighteen) laws as law enforcement officers in maritime and coastal areas. This overlapping authority is characterized by the existence of similar authority to carry out surveillance, pursuit, and investigation in maritime areas and Indonesian jurisdiction. This condition is particularly experienced byThe Indonesian Navy is based on Article 14 paragraph (1) of Law No. 5 of 1983 concerning the EEZ, Article 9 of Law No. 34 of 2004 concerning the Indonesian National Armed Forces, and Article 10 of Law No. 3 of 2002 concerning National Defense. In addition, there is also an overlap with the authority of the KPLP as regulated in Article 276-Article 278 of Law No. 17 of 2008 concerning Shipping
Analysis of The Influence of Auditor Competency, Auditor Independence, Audit Experience and Auditor Ethics on Audit Quality (Case Study at a Public Accounting Firm in Semarang)
Get PDFThis research aims to test and analyze whether auditor competence, auditor independence, auditor experience, and auditor ethics affect on audit quality. The population in this study were auditors who worked in Public Accounting Firm in Semarang. Sampling was carried out using the cencus method and the number of samples was 73 respondents. The type of data used is primary data. This study uses a questionnaire to collect data. The test techniques used are validity test, reliability test, classic assumption test including normality test, multicolinearity test, and heteroscedasticity test. Hypothesis testing in this study used multiple linear tests with SPSS version 26. The result of this study indicate that Auditor Competence has a negative and insignificant efffect on Audit Quality. Auditor experience has a positive and significant effect on audit quality. Auditor ethics has a positive and significant effect on Audit Quality
Legal Protection for Medical Personnel in Providing Clinical Services Through Telemedicine Based on Law of the Republic of Indonesia Number 17 of 2023 Concerning Health
No full textAbstract. Advances in information technology have driven the adoption of telemedicine as a new method of clinical service delivery, offering greater accessibility and efficiency. However, the implementation of telemedicine, which involves long-distance communication and technological complexity, raises crucial issues regarding the responsibilities and legal protections of medical personnel. This research is relevant in light of the enactment of Law Number 17 of 2023 concerning Health, which serves as the latest legal basis for regulating the health ecosystem in Indonesia, including telemedicine. This study aims to analyze and identify the form and scope of legal protection provided to medical personnel in providing clinical services via telemedicine, based on the provisions stipulated in Law of the Republic of Indonesia Number 17 of 2023 concerning Health. Furthermore, this study also examines the potential legal risks faced by medical personnel and the implications of the latest Health Law in ensuring legal certainty for telemedicine practices. This research employs a normative legal research method, with a statute approach and a conceptual approach. Data sources include primary legal materials (primarily Law No. 17 of 2023), secondary legal materials (literature, journals, and related legal documents), and tertiary legal materials. The analysis was conducted qualitatively and descriptively to draw logical and solution-oriented conclusions. The research findings show that Law No. 17 of 2023 explicitly recognizes and regulates the implementation of telemedicine as part of the health transformation. Legal protection for medical personnel is accommodated through more comprehensive regulations regarding professional service standards, practice permits, electronic medical records, and guarantees related to the handling of complaints and disputes. However, this research identified gaps or ambiguities in technical regulations regarding the authority and limitations of cross-regional/national telemedicine practices, as well as protection against diagnostic/therapeutic errors influenced by technological limitations, which have the potential to pose legal risks. Law No. 17 of 2023 concerning Health provides a stronger foundation for legal protection for medical personnel in telemedicine practices, but needs to be followed up with detailed and clear implementing regulations. Effective legal protection requires a synergy between strong regulations, the implementation of strict professional standards, and the use of technology that ensures data security and patient confidentiality
Legal Analysis of Prosecution of Money Laundering Crimes (TPPU) Proceeds of Narcotics Crimes in Indonesian Criminal Law
No full textAbstract. Money laundering (TPPU) derived from narcotics crimes is an organized crime that has a broad impact on economic stability, security, and the effectiveness of law enforcement. Narcotics crimes often generate significant financial profits, leading perpetrators to employ various money laundering methods to disguise the origins of their proceeds. This study aims to analyze the legal aspects of prosecuting money laundering (TPPU) derived from narcotics crimes based on Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering and Law Number 35 of 2009 concerning Narcotics. The research method used is normative legal research with a statutory, conceptual, and case study approach. The results indicate that prosecutions of money laundering derived from narcotics crimes still face several obstacles, including the lack of evidence to prove the predicate crime, limited asset tracking, minimal coordination between law enforcement agencies, and increasingly complex asset disguising patterns. However, prosecutions can be conducted without having to wait for a final and binding court decision on the predicate crime, as long as there is sufficient preliminary evidence. Furthermore, implementing a "follow the money" approach and optimizing the role of the Financial Transaction Reports and Analysis Center (PPATK) have proven to be crucial strategies in uncovering the flow of funds from narcotics crimes. This study concludes that effective prosecution of money laundering (TPPU) from narcotics crimes requires strengthened regulations, increased capacity of investigators and prosecutors, and cross-agency coordination to ensure the recovery of state assets and disrupt the sources of funding for narcotics crimes
Legal Review of the Problems of Registering Creations as Written Documents of Copyright Ownership at the DJKI, Ministry of Law in Indonesia
No full textAbstract. This study examines in depth the mechanism of registering works as written documents of copyright ownership in Indonesia, as well as the accompanying problems, focusing on the dualism between the principle of automatic and declarative copyright protection as stipulated in Law No. 28 of 2014 concerning Copyright, and the existence of a registration mechanism organized by DJKI. The background of this research problem is driven by the importance of intellectual property rights as a manifestation of human intellectual abilities that are protected by law, abolished in the theory of natural rights and utilitarianism, as well as its constitutionality in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Although copyrights appear automatically, the registration of works has a crucial function as an initial proof of ownership, which is later strengthened by the development of the E-Copyright system. However, this bold ease of access opens up the potential risk of data manipulation and overlapping claims, exacerbated by digital literacy challenges among creators. The purpose of this study is to analyze the effectiveness of the creation registration system in providing definite, fair, and beneficial protection for creators, as well as to identify the juridical and non-juridical content of this dynamic, including its relevance to the case of "Geprek Bensu" which illustrates the problem of ownership of rights and administrative compliance. This study uses normative juridical legal methods with a descriptive-analytical approach. The normative approach was chosen to analyze the legal principles written in Law No. 28 of 2014 concerning Copyright, as well as the relevant Civil Code and Trademark Law, in order to understand the declarative principles, the function of registering works, and the problems that arise. The research specification uses a case approach to examine the case of "Geprek Bensu" as a concrete illustration, a statute approach to meet compliance with applicable laws, and a contextual approach (conceptual approach). The results of the discussion concluded that the registration mechanism in Indonesia adheres to the principles of automatic and declarative protection, but Registration serves as a crucial initial proof of ownership, with the E-Copyright system increasing efficiency and accessibility but also opening up the risk of manipulation and overlapping claims. The main problem lies in the dualism between automatic protection and logging, which is compounded by the potential for double registration and juridical defects due to the ease of bold access. The case of "Geprek Bensu" is a clear reflection of this problem, where the court upheld the principle of first to file for trademarks, but the DJKI's subsequent action to recommend the removal of recognized trademarks raises serious questions about the rule of law and administrative compliance. The analysis of the theory of the state of law and legal protection emphasizes the need for consistent law enforcement, equal treatment, and improvement of the administrative process of intellectual property rights registration in order to ensure certainty, fairness, and effective protection for all creators and rights holders