Abstract:The Indonesian capital market plays a pivotal role in mobilising long-term financing for corporations and providing investment opportunities to the public. However, persistent stock fraud cases undermine market integrity…
and investor confidence. This study aims to evaluate the effectiveness of the existing legal framework for investor protection against stock fraud, analyse its practical implementation, and recommend measures to strengthen both preventive and repressive mechanisms. Employing a normative legal research design with a qualitative approach, the study integrates statute, conceptual, and case approaches, focusing on Law No. 8 of 1995 on Capital Markets, OJK regulations, the Criminal Code, and notable cases such as PT Hanson International Tbk. The findings reveal that while the legal framework normatively aligns with the Legal Protection Theory, Justice Theory, and Legal Effectiveness Theory, substantial gaps remain between regulation and enforcement. Weak supervisory coordination, delayed intervention, lengthy judicial processes, and low investor legal literacy reduce effectiveness. Recommended reforms include adopting regtech and suptech, enhancing cross-agency data integration, implementing AI-based surveillance, establishing a specialised capital market court, and strengthening investor education. The study concludes that combining regulatory improvements, adaptive enforcement, and public legal empowerment is essential to safeguard investors, maintain market integrity, and promote sustainable economic growth.
Abstract:This study analyzes the judicial reasoning behind Putusan Pengadilan Negeri Sidoarjo No. 199/Pid.Sus/2023/PN Sda, a landmark decision involving corporate criminal liability for environmental violations in Indonesia. The…
case centers on PT Surya Prima Semesta’s illegal disposal of hazardous waste (fly ash and bottom ash) without an environmental permit, resulting in the prosecution of its corporate director. Employing a normative juridical method, the research examines the court’s application of doctrines such as strict liability and identification theory within the framework of Law No. 32 of 2009 on Environmental Protection and Management. The findings show that the court adopted a formalistic, text-based legal reasoning model, treating permit violations as inherently punishable acts regardless of actual environmental harm. While the decision reinforces regulatory compliance and affirms corporate culpability, it lacks engagement with broader organizational responsibility and foundational environmental law principles like the precautionary principle and sustainability. This study argues for a more integrated doctrinal approach one that balances rule-based logic with value-oriented reasoning to enhance legal consistency, advance environmental justice, and align Indonesia’s corporate accountability framework with international standards.
Abstract:Cybercrime has become a serious challenge in the digital age, requiring a dynamic legal approach to respond to this threat. This study aims to investigate legal developments in the application of criminal sanctions against…
st cybercrimes. Through a critical analysis of various cases and regulatory developments, this study will explore the effectiveness of criminal sanctions applied in tackling cybercrime.
This research method includes comparative law analysis, case studies, and interviews with criminal law experts. Research findings will include the evolution of the concept of cybercrime, the legal challenges faced in enforcing criminal sanctions, and the impact of the application of criminal law on cybersecurity levels
The results of this study are expected to provide in-depth insight into the progress of criminal law in responding to cybercrime, as well as provide a basis for further improvement and development in the relevant legal framework. The practical implications of this research are expected to help authorities, legal professionals, and academics in understanding the dynamics of criminal law related to cybercrime, so as to formulate policies that are more effective and responsive to evolving cybersecurity threats.
Abstract:International Criminal Court (ICC) adalah pengadilan pidana internasional pertama yang bersifat permanen dan independen yang menangani kasus pelanggaran kejahatan internasional. Tujuan utama ICC adalah untuk mewujudkan keadilan…
eadilan di seluruh dunia, membantu menghentikan konflik, dan menyempurnakan putusan pengadilan internasional sebelumnya Tentang kejahatan genosida, yang merupakan kejahatan yang tidak mengakui keberadaan sekelompok orang karena alasan ras, etnis, agama, atau budaya.
Abstract:The purpose of this study is to analyze the legal responsibility of banks towards customers in cases of personal data leaks, examine the extent of legal protection provided to customers, and describe efforts that can be…
made to minimize the risk of data leaks. This study uses a literature study method by collecting and analyzing various legal sources, such as laws and regulations, court decisions, journals, and literature related to data protection in the banking sector. The results of the study indicate that banks have legal responsibilities based on the Personal Data Protection Law (UU PDP) and banking provisions to maintain the confidentiality of customer data. If a data leak occurs, the bank can be subject to administrative, civil, or even criminal sanctions depending on the level of negligence. In addition, this study found that customers have the right to claim compensation if the data leak causes material or immaterial losses. However, the effectiveness of law enforcement still faces challenges, such as lack of customer awareness and complexity of evidence. Therefore, it is necessary to strengthen regulations, improve cybersecurity systems by banks, and educate customers to mitigate the risk of data leaks. The implications of this study are expected to provide recommendations for regulators and banking industry players in strengthening the protection of customer personal data.
Abstract:The ambiguity of the norms in Article 51 of the Law raises issues regarding the validity of copies of corrected deeds and the liability of Notaries towards the parties involved. This study aims to analyze the legal status…
s of the corrected deed copies and the forms of Notaries' responsibility for errors that occur. The research method used is normative juridical legal research with legislative and conceptual approaches, through descriptive qualitative analysis of primary and secondary legal materials. Research findings indicate that corrections to copies of deeds remain valid and equivalent to the deed minutes as long as the errors are administrative in nature and the corrections are made in accordance with regulations, so they do not alter the substance of the deed. However, if corrections are made not in accordance with the UUJN procedures or result in substantial differences with the minutes, then the copy of the deed may be downgraded to a private deed and categorized as a legally defective deed. Notaries are liable in civil, administrative, criminal, and ethical terms, because such negligence constitutes an unlawful act under the concept of liability. In conclusion, corrections to deed copies remain valid as long as they do not change the substance and are carried out according to procedure, while Notaries are obliged to bear legal responsibility for any typing or writing errors arising from their negligence.
Abstract:Crimes against the environment in the form of environmental destruction can be committed by individuals or corporations. Business activities carried out by corporations often cause environmental damage, because corporate…
activities are primarily aimed at profit. This article was written using a normative legal research method with a case approach. The legal materials used in writing this article are primary legal materials and secondary legal materials. The results of this research are criminal liability for corporations that commit criminal acts as in Decision Number No. 133/Pid.B/2013/PN. Mbo is in the form of civil lawsuit sanctions for losses suffered by victims and criminal sanctions.
Abstract:Disclosure of a criminal case in order to find the perpetrator of a criminal act cannot be separated from witness statements as evidence. Witness testimony that is recognized as evidence is only testimony that meets subjective…
ective and objective requirements as a witness. In this regard, problems often arise in practice regarding testimonium de auditu witnesses, related to the strength of their evidence before the trial. For certain criminal acts, finding witnesses who saw, heard and experienced the crime is not easy. For example, criminal acts of sexual abuse against children, which are difficult to find because when a criminal act of sexual abuse occurs, at that time there must be only the perpetrator and the victim. The aim of this research is to determine the value and evidentiary strength of the testimony of testimonium de auditu witnesses in the process of proving criminal acts of child molestation. This problem will be answered using normative legal research methods through case studies of Decision Number: 146/Pid.Sus/2020/PN Ktg. The results of the research in writing this article are that the evidentiary value of all evidence, including witnesses, is in the hands of the judge. Judges in determining the value and proof of evidence must pay attention to its suitability with other evidence.
Abstract:This paper aims to analyze the regulatory framework on arrest and detention in Indonesian Criminal Procedure Code under human rights perspective. This study employed doctrinal legal research using statute and conceptual…
approaches. The findings of this research reveal that the principles of law enforcement and human rights, which include the principles of legality, necessity, and proportionality, are essentially general principles that can be used to determine whether state actions that interfere with citizens' rights and freedoms violate or do not violate human rights. The legal provisions concerning arrest and detention did not fit the human rights standpoint particularly in the context of procedure and the length of detention. The proportionality and the necessity principle have not been fully considered as the ethical basis for arresting the perpetrator of a crime. Hence, what is needed is to amend the Criminal Procedure Code considering the adoption of both necessity and proportionality principle in the arrest and detention.
Abstract:This paper aims to analyze the need for the specific criminal procedure for disabled persons in Indonesian criminal justice system. This study employed doctrinal legal research using statute and conceptual approaches. The…
e findings of this research reveal that the criminal justice system is based on the normalcy concept, which holds that everyone is physically and cognitively normal. As a result, the investigation, prosecution, and examination processes in court proceedings are exclusively aimed at and created for regular people. Persons with disabilities have been pushed to the margins and perhaps ignored. Persons with disabilities' rights are frequently infringed, both as perpetrators and as witnesses/victims of criminal activities. The medical method should be abandoned in favor of a social approach for the criminal justice system to be pro-people. What's needed is for law enforcement to do their jobs at each stage of the criminal justice system so that people with disabilities can have a fair trial. In the early phases of the criminal justice process, a profile assessment is required to determine the character, challenges, and requirements of people with disabilities.