Lentera Hukum
Not a member yet
210 research outputs found
Sort by
Garuda Indonesia-Rolls Royce Corruption, Transnational Crime, and Eradication Measures
Get PDFThe appointment of Emirsyah Satar, former President Director of PT Garuda Indonesia, and former Director of PT Mugi Rekso Abadi, Soetikno Soearjo who was the beneficial owner of Connaught International Pte. Ltd. as an intermediary for bribery against the Emirsyah in the alleged bribery case of aircraft and aircraft engine procurement from Airbus SAS and Rolls Royce PLC by PT. Garuda. Cross-border corruption carried out by Rolls-Royce is not only corruption committed by a private entity, but the case is also related to efforts to recognize the concept of Foreign Affairs Bribery as a new type of corruption. This research aims to find out the corruption as a transnational crime committed by multinational corporations and how inter-state cooperative actions can prosecute corruption cases. Legal questions raised are: (1) how can the United Nations Convention Against Corruption mechanism be used in exposing the Garuda Indonesia-Rolls Royce corruption case as a transnational crime, and (2) what legal remedies which can be applied to punish corruption committed between Garuda Indonesia-Rolls Royce? This study argues that, as part of transnational crime, of course, Garuda Indonesia and Rolls-Royce's corruption is an extraordinary crime that is not only detrimental to business practices but also the rule of law in Indonesia and other countries involved. Corruption done by Rolls-Royce, which involved Emirsyah Satar as a former director of Garuda Indonesia, has harmed Indonesia. Thus, Jurisdiction of criminal acts of corruption is needed. It should be under the legal system of corruption eradication in Indonesia. There is a need for interpretation because Indonesia is part of the state which ratified UNCAC through Law No. 7 of 2006. Therefore, recognizing the Foreign Affairs Bribery concept as part of a judge's rechtvinding (finding of law) of the Criminal Court that multinational/transnational corporations comply with and respect the rule of law and eradication of corruption in Indonesia. It includes in making lex specialis (law governing a specific subject matter) related to Foreign Affairs Bribery so that similar cases do not occur in the future for Indonesia.
Keywords: Corruption, Transnational Crime, Garuda Indonesia, Rolls-Royce
Formulasi Korporasi sebagai Subjek Hukum Pidana dalam Regulasi Lingkungan Hidup di Indonesia
Get PDFThe existence of human life is extremely dependent on the environment, and the environment has provided free various needs for humans, which is an absolute requirement so that humans can maintain their lives. Environmental problems are essentially human ecological problems and environmental problems arise as a result of environmental pollution. This is an element of many negligence errors committed by companies or legal entities that operate, including the element of deliberate and negligent use of environmental law through Law No. 32 of 2009, concerning Environmental Protection stated in Article 116 UUPPLH. Corporate liability in environmental crime is the subject of discussion in cases with the decision register number No.1405K / Pid.Sus / 2013, namely PT. KARAWANG PRIMA SEJAHTERA (PT. KPSS), which is engaged in the metal, steel, and export-import aluminum and trade industry. In its location, PT KPSS produces Aero Slag waste from iron and steel smelting, bottom ash waste and fly ash obtained from the burning of coal in power plans. The criminal responsibility of environmental crimes is also carried out by PT KALISTA ALAM, which operates in the fields of plantation, industry, supplier, and shipping in the oil palm business. In its violation, PT KALISTA ALAM has opened land by burning it, which is carried out continuously to expand oil palm cultivation/ In the verdict, No. 131 / Pid.B / 2013 / PN.MBO, the company was charged for committing environmental crimes.
Keyword: Environmental Pollution, Environmental Crime, Criminal Accountabilit
Pengawasan Warga Negara Asing Penerima Bebas Visa Kunjungan dalam Perspektif Hukum Kewarganegaraan
Get PDFThe President issued a Presidential Regulation concerning visa-free visits to 179 countries aimed at advancing the economy. Referring to Presidential Regulation 21 of 2016 concerning Free Visit visa, in which Article 3 paragraph (1) that the recipient is free of a Visit visa is exempt from the obligation to have a Visit visa to enter Indonesian territory. As well as Article 4 paragraph (1) and paragraph (2) states that foreign tourists will be given permission to stay for a visit for 30 days but cannot extend the period of the visa exemption or convert it into another residence permit. Although the regulation will attract many foreign tourists to visit Indonesia, over time many of them have misused the right. This article found that the increasingly high demand and supply of labor made use of the visa-free policy gap that visited, leading to the emergence of increasingly massive illegal foreign workers. This is clearly a bad impact on Indonesia. So this article seeks to formulate how to improve the oversight mechanism for misuse of visa-free visits that could potentially harm the state.
Keywords: Supervision, Foreign Nationals, Visa-free Visi
Perlindungan Hukum terhadap Notaris yang Beritikad Baik Membuat Akta Jual Beli Saham dalam Kasus Tindak Pidana Pencucian Uang
Get PDFThis study discusses the legal protection against a notary who has good faith to make the contract of sale with stock in this case of criminal money laundering. To this extent, the study examines the legal protection for notaries who are eligible to be victims from the money laundering cases caused by user services. This study uses normative legal research with statute, philosophical and historical approaches. This study finds that legal protection for notaries referred to Articles 66 and 66A of the Notary Act is essentially tended to internal or administrative measures. Nevertheless, notaries have verschoningsrecht or the right to renegade, another instrument for legal protection in undertaking the Notary Act. The legal protection concept for notaries with the determinate profession on the informant side has been determined limitedly under Article 17 paragraph 1 of the Money Laundering Act.
Keywords: Construction, Legal Protection, Notary, Money Launderin
The Principle of Utilization of Rahn in Non-Cash Transaction of Gold at Islamic Banks
No full textNon-cash transaction of gold is one type of service by Islamic banks. Non-cash transactions of gold using the contract as a binder between Islamic banks and customers. The contract consists of a murabahah and rahn contract; this contract is contained in a Proof of Ownership of Gold (SBKE). In the rahn contract, there is a stipulation that gold, which is the object of cash, is used as collateral for Islamic banks. This study aims to analyze the validity and suitability of the rahn contract and future conceptions of noncash transactions of gold trading using the principle of benefit. The results showed that the rahn contract on the non-cash transaction of gold cash did not meet the validity of the contract contained in Article 21 KHES (Compilation of Sharia Economic Law) because there were provisions that contradicted Article 18 paragraph (1) item h of Law Number 8 of 1998 about Consumer Protection. Rahn in the non-cash transaction of gold is generally the same as the pawn only in the non-cash transaction of gold; there is an initial transaction in the form of murabahah. The next conception regarding the sale and purchase of gold in cash is a guarantee used no longer in the form of gold, but in the form of proof of ownership of gold or gold certificate, this is based on the MUI DSN fatwa Number 68 / DSN-MUI / III / 2008 concerning (rahn) Tasjily.
Keywords: Non-cash Transaction of Gold, Rahn Contract, Principle of Utilit
Kepastian Hukum dalam Pasal 112 dan 127 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika
No full textNarcotics are commonly used for the world of health. Along with the times, the use and development of narcotics are increasing, no longer for health services. In Law Number 35 of 2009, concerning narcotics, there are many articles that discuss multi-interpretations. Among them include Article 112 and Article 127. This article tries to understand whether Article 112 and Article 127 have provided legal certainty against the Protecting and Fighting of Narcotics Borders, as well as discusses the policy formulation of ius constituendum on the protection and overcoming of narcotic acts. The type of research used is normative juridical, namely legal research, that establishes laws as a building system of norms. Article 112 and Article 127 of the Narcotics Law have not provided legal certainty, because the article editorial still contains multiple interpretations and meanings. Article 112 stipulates not to sell and circulate the editorial. This article ends with a suggestion to add to the article provided in Article 112.
Keywords: Narcotics, Narcotics Abusers, Actors of Narcotics Crim
The Iddah Period as A Reason for Cancellation of Marriage
Get PDFThe iddah period is a waiting period that applies to a woman whose marriage is broken legally through a divorce or physically through the death of a husband. Any woman who has not had a prior marriage must observe the iddah period. As one of the legal conditions of marriage, failure to complete the iddah period can result in the cancellation of any secondary marriages. In this study, judges release a verdict in accordance with the laws and legislation of Indonesia, namely Law No. 1 of 1974 on Marriage and a compilation of Islamic law found in Al-Qur'an and Hadith. This article uses legal research based on positive laws including judicial decision. This study concluded that if a marriage is prohibited for a failure to satisfy the condition of iddah, that marriage must be canceled. This article employs statute and conceptual approaches to legal research, as well as case study methodology, with the aim of departing from the views and doctrines that develop in law in order to build a legal argument that addresses legal issues. Analyzing the Decision of the Mojokerto Religious Court Number 1365/Pdt.G/2014/PA.Mr, this study argues that prospective spouses are responsible for awareness of their prospective partners’ marriage eligibility and fulfillment of all requirements, material and formal, clearly stipulated in state and religious law.
Keywords: Iddah, Islamic Law, Marriage Cancellatio
Model Kontrol Keimigrasian dalam Mencegah Tindak Pidana Terorisme di Indonesia
Get PDFThis article attempts to elaborate an immigration control model that is capable in preventing terrorist activities in Indonesia. By observing several terrorism case-laws, this study draws a nexus between terrorism and several aspects within immigration, including passport issuance, border control, foreigner surveillance, and visa and entry permit issuance. Technically, in relation to such a nexus, this study finds that the current immigration control model is built upon three elements of duty: namely intelligence, surveillance, and border control. In principle, these three elements ought to be executed as an interconnected cycle. Consequently, a preventive control model should be circular, in the sense that any activities between elements of duty cannot be separated from one another. In order to become an established terrorism prevention mechanism, this control model requires information and data exchange amongst the immigration units. Moreover, any involvements from other institutions, such as police, BNPT, BIN, and NCB-Interpol are also preconditioned to ensure the efficacy of the circular model.
Keywords: Immigration, Control, Terroris
Law Enforcement of Criminal Defamation Through Electronic Media
Get PDFDefamation through Electronic Media as regulated in Article 27 paragraph (3) of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 on Information and Electronic Transactions does not explain in detail the elements of "insulting content and/or defamation;†therefore, the understanding of this term is subjective to the victim. Article 27 also includes the phrase "no rights," suggesting that victims' legal rights in response to defamation are limited. Even so, the Information and Electronic Transactions Law (ITE Law - Undang-Undang Informasi dan Transaksi Elektronik) itself does not provide a detailed explanation of these elements. The results found in this study are an objective criteria to assess whether electronic information or electronic documents which can be qualified as defaming. This study argues that defamation occurs if: (a) information or documents are built based on the clarity of the insulted person's identity; (b) the purpose of words is deemed insulting; (c) defamation is addressed to natural person or legal person (d) the content and context of each case, and (e) the allegations. In addition, a person is said to have the right to commit criminal defamation if carried out in the public interest and by being forced to defend himself.
Keywords: Criminal Defamation, Electronic Media, Indonesi
Perlindungan Hukum Mitra Ojek Daring di Indonesia
Get PDFAs one of the countries with the highest population density in the world, the opportunity to work in Indonesia is not directly proportional to its population density so that the number of unemployed is still relatively high. The development of technology has entered in business and it is seen as an alternative with its emergence of the online transportation service providers such as Go-Jek. In the case of partnership agreements used by partners with Go-Jek, partners as parties that have weak bargaining power while Go-Jek has strong bargaining power. From a legal standpoint, the main problem is the absence of legislation that clearly regulates online motorcycle taxis and partnership agreements between partners and Go-Jek. Therefore, it is necessary to analyze the online motorcycle taxi, and the legal protection aspects against partners based on partnership agreements and legal remedies in the event of a dispute in the implementation of the partnership agreement. With doctrinal research, this article argues that the partnership agreement is an agreement on innominaat so that in its implementation it should not conflict with the laws and regulations on it. The results of the study indicate that online motorcycle taxis have not yet been regulated in Indonesian laws and regulations, the partnership agreement has not provided legal protection for partners and in the event of a dispute, there can be legal action in accordance with the partnership agreement clause.
Keywords: Legal Protection, Partnership Agreement, Online Taxi