JURNAL MERCATORIA
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252 research outputs found
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Product Responsibility and Licensing of Skincare Product Labels in The Perspective of Justice
No full textThis article aims to analyze skincare product label licensing regulations in Indonesia, examine product liability and label licensing for skincare products from the perspective of justice, and explore efforts to combat criminal acts involving the distribution of skincare products that is failed to meet the quality also the safety standards. The problem is focused on the discovery—at the beginning of 2025—of 16 cosmetic items containing harmful and/or prohibited substances, including 10 contract-manufactured products and 6 imported products, and the necessity to ensure that all skincare products on the market comply with established quality and safety standards. In order to address this problem, the theoretical frameworks of product liability theory, justice theory, and crime prevention theory are used. The data is gathered through a review of literature and sujected to qualitative analysis. This study ultimately finds that that improved dissemination of regulatory information, stricter enforcement by BPOM, and awareness among all relevant parties are required to ensure consumer protection and the integrity of skincare product labeling
Juridical Review of Confiscated Goods of Corruption Crime (Study of Decision Number 40/Pid.Sus/TPK/2020/PN Mdn)
No full textThis study aims to examine the enforcement of criminal law and legal certainty in asset confiscation related to corruption cases, by focusing on Decision No. 40/Pid.Sus/TPK/2020/PN Mdn. The case concerns a private actor who manipulated the procurement process of waste-processing machines in Tanjungbalai City, causing state losses of more than IDR 1.5 billion. Using a normative juridical method and statutory-case approach, the research analyzes relevant legal norms, legislation, and jurisprudence. The data sources include primary legal materials (statutes and court decisions), secondary materials (journals and legal commentaries), and tertiary materials (legal dictionaries). The analysis shows the defendant violated Article 2(1) and Article 18 of Law No. 31/1999 in conjunction with Law No. 20/2001, supported by Article 55(1) of the Indonesian Penal Code. In addition to imprisonment, the court imposed a restitution penalty, enforceable through asset seizure and auction. The urgency of this issue lies in the challenge of recovering state losses when assets are in the name of third parties. This decision highlights the significance of legal certainty and enforceability in asset confiscation rulings, especially in corruption cases involving non-state actors. This research contributes to legal development in anti-corruption enforcement and provides a precedent for how asset recovery should be implemented
The Relevance of The Principle of No Criminal Punishment Without Fault (Geen Straf Zonder Schuld) in Corporate Criminal Liability in Indonesia
No full textThe principle of Geen Straf Zonder Schuld faces a paradox when applied to corporations, which, as a legal fiction, have no mens rea. However, the profound impact of corporate crime demands an effective mechanism for criminal accountability. This normative juridical research examines the relevance of the principle of Guilt in Indonesian corporate criminal Law through legislative, conceptual, and case-based approaches. The first findings show that, before the New Criminal Code, the application of the principle of Guilt was pragmatic through the Theory of Identification, which attributed the corporation's mens rea to the management or directing mind. This approach is supported by PERMA No. 13 of 2016 and is evident in decisions such as PT GJW and PT CND. The second finding shows the evolution of the doctrine in two directions: (a) the exclusion of the principle of culld through strict Liability in various lex specialis, especially the Law on Environmental Protection and Management; and (b) the transformation of the meaning of debt through the Corporate Culture Model, which views blame as the failure of the system or organizational culture to prevent crime. The culmination is the codification of the Corporate Culture Model in the New Criminal Code (Law No. 1 of 2023), which marks a shift from treating mistakes as lending errors to treating them as authentic corporate mistakes
Cyberstalking Crime in The Perspective of Islamic Criminal Law
No full textThis article aims to analyze the adequacy of cyberstalking regulation within Indonesian criminal law and to examine it from the perspective of Islamic criminal law. The study focuses on the absence of a specific cyberstalking offense in Indonesian criminal legislation and on how Islamic law positions such conduct within the framework of jarimah ta‘zīr. The research employs a normative juridical method using statutory, conceptual, and comparative approaches. The findings indicate that Indonesian criminal law still relies on the provisions of the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and the Sexual Violence Crime Law (UU TPKS), all of which do not fully capture the digital, repetitive, and multidimensional nature of cyberstalking. From the perspective of Islamic criminal law, cyberstalking is classified as a jarimah ta‘zīr because it violates the principles of ḥifẓ al-nafs and ḥifẓ al-ʿird, thereby leaving the determination of sanctions to judicial ijtihād based on public interest. This study underscores the urgency of regulatory reform to formulate a clearer and more integrative cyberstalking offense that aligns with victim protection principles in accordance with maqāṣid al-sharīʿah
Legal Liability of E-Commerce Site Against Sales of Counterfeit Trademarks Products
No full textThis article examines the legal liability of e-commerce platforms for selling counterfeit trademark products in Indonesia. The problem focuses on the extent of responsibility e-commerce platforms hold under Indonesian trademark law, particularly Law Number 20 of 2016 on Marks and Geographical Indications and Law Number 28 of 2014 on Copyrights. A statutory approach is used as a theoretical reference to approach this problem. The data is collected by qualitatively analyzing relevant legislation and policies. The study results show that the Trademark Law in Indonesia has not regulated the sale of products using counterfeit brands in e-commerce. The Copyright Law in Indonesia only regulates that the manager of a trading place can be held accountable if a sale of products violates copyright. In contrast, the Trademark Law does not restrict this. So that confusion arises: can the organizer of an electronic system in online buying and selling be held civilly liable if their e-commerce site provides products using counterfeit brands
Legal Analysis of the Judge's Considerations in Supreme Court Decision Number 123 K/Pdt.Sus-PHI/2022 concerning Termination of Employment due to Company Efficiency
No full textThis study aims to analyze the judges' considerations in Supreme Court Decision Number 123 K/Pdt.Sus PHI/2022 regarding termination of employment (PHK) due to efficiency, particularly in the context of worker protection, legal certainty, and the application of labor norms. The study uses a normative juridical method with an approach of analyzing court decisions and legal literature. The results of the analysis show that the judge emphasized that termination of employment due to efficiency is legally valid if the employer can prove the existence of losses or potential losses to the company and has fulfilled the rights of workers, including severance pay, length of service awards, and compensation in accordance with PP 35/2021. The judges' considerations reflect the application of Law 13/2003, PP 35/2021, as well as the principles of worker protection, justice, and legal certainty, although the standard of proof for efficiency remains relatively flexible. This study concludes that the decision provides legal certainty for employers as well as adequate protection for workers, but requires consistent supervision and enforcement to maintain the principle of substantive justice. . While this ruling provides legal certainty for the disputing parties, academically, we need to examine the Ratio Decidendi, or the judge's underlying reasoning. The question is: How does the judge determine the threshold at which a company is deemed "efficient" enough to lay off workers? Without strict criteria, the rationale of efficiency risks becoming a "convenient tool" for companies to unilaterally terminate employment
Legal Study of Bankruptcy in Indonesia: Study of Decision Number 36/Pdt.Sus-Pailit/2020/PN Niaga Jkt.Pst
No full textThis study aims to analyze the legal position of debtors and creditors in bankruptcy cases and assess the judge's considerations in Decision Number 36/Pdt.Sus-Pailit/2020/PN Niaga Jakarta Pusat, particularly the extent to which these considerations are in accordance with applicable legal norms. The research method used is normative juridical, with an approach based on legislation, court decisions, and legal literature related to bankruptcy. Data was obtained through document studies and court decisions, then analyzed qualitatively to assess the balance of debtor and creditor rights and the consistency of the decision with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The results of the study show that debtors who are declared bankrupt experience restrictions on their property rights, while creditors obtain legal certainty through the mechanism of appointing a curator and distributing assets. The judges' considerations emphasize the examination of evidence, the right to be heard, and the principle of substantive justice, so that the decisions are generally consistent with applicable legal norms. This research contributes to the understanding of bankruptcy law practices in Indonesia and serves as a reference for efforts to resolve disputes between debtors and creditors in a fair and transparent manner
Implementation of Protection for Non-Organised Orphans by The Mosque Prosperity Agency (Study on BKM Nurul Hidayah and BKM Silaturrahim)
No full textThis article aims to determine the implementation of child protection laws in protecting non-orphanage orphans based on Law No. 35 of 2014. The problem focuses on the implementation by the Nurul Hidayah Mosque welfare agency and BKM Silaturrahim, obstacles and efforts to overcome obstacles in providing protection for orphans. To approach the problem, the theory of legal protection is used. Secondary data is obtained from secondary legal materials in the form of books, laws and regulations and primary data obtained directly from the field through interviews and analyzed qualitatively. This study concludes that the implementation of protection for non-orphanage orphans by BKM in practice is community-oriented. Considering that non-orphanage orphans live in the community (not in official orphanage institutions), the strategy taken is more focused on social support, economic assistance, and protection initiated by the local community. BKM Silaturrahim in practice have implemented basic child care in the form of cash and school supplies. Meanwhile, for Social and Psychological Protection in BKM Silaturrahum, it is already visible with the existence of a Madrasah for these children
Legal Aspects of Corporate Responsibility for Road Damage Caused by Overdimensioned and Overloaded Transport Vehicles
No full textThis article aims to analyze the ideal construction of criminal liability for corporations responsible for violations of goods transportation with over-dimensional and overloading (ODOL) specifications. The problem is focused on the lack of effective legal framework and enforcement mechanisms to address corporate responsibility in ODOL vehicle violations that contribute to traffic accidents, road damage, and safety hazards. In order to approach this problem, a theoretical reference of corporate criminal liability and transportation law enforcement is used. The data is collected through legal research methodology including statute analysis, case studies, and regulatory examination, and analyzed qualitatively through normative legal analysis. This study concludes that an ideal construction of corporate criminal liability requires comprehensive regulations with firm government commitment, active participation from vehicle-owning companies, and strict sanctions targeting not only drivers but also their superiors and companies that order ODOL transportation, as well as vehicle owners, to create effective deterrent effects and maximize law enforcement in controlling over-dimensional and overloaded vehicles while addressing resulting problems such as traffic congestion, road infrastructure damage, and traffic accidents that may cause injuries or fatalities
Legal Certainty of Jurisdiction and Authority of the International Criminal Court (ICC) Regarding the Detention of Rodrigo Duterte in the “War on Drugs” Case
No full textThis article aims to analyze the relationship between state withdrawal and the jurisdiction of the International Criminal Court (ICC), particularly in the context of the Philippines' decision to withdraw from the Rome Statute. The problem is focused on the legal implications of such a withdrawal, especially in terms of how it influences the ICC's authority to investigate and prosecute crimes committed prior to the effective withdrawal date. This issue is exemplified by the Philippines' controversial "war on drugs" campaign under President Rodrigo Duterte, which has led to the deaths of thousands of civilians and is alleged to constitute serious human rights violations and crimes against humanity. In order to approach this problem, a normative theoretical reference is used to examine international law and the principles of accountability that underpin the ICC’s mandate. Data is collected through a comprehensive analysis of legal texts, court rulings, and relevant case studies. This study concludes that despite a state’s formal withdrawal from the Rome Statute, its responsibility for international crimes committed before the withdrawal remains intact. The ICC continues to hold jurisdiction over such crimes, as demonstrated by its ongoing investigation into the deaths linked to Duterte’s policies. This case highlights significant challenges related to political sovereignty, while also raising critical questions about the tension between national autonomy and global justice