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INDONESIA
Jurnal Penelitian Hukum Legalitas
Published by Universitas Jayabaya
ISSN : 14118564     EISSN : 25025511     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Penelitian Hukum Legalitas (JPHL) is published duo-annually in May and November, and aimed to provide research articles in order to have a significant implication to the world of law. Jurnal Penelitian Hukum Legalitas (JPHL) provides cutting-edge and comprehensive analysis of gap between theory and practice as well as the significant implications of the legal world. The scope of this journal has become essential for criminal law, civil, constitutional and international law. The Journal is highly relevant to all professionals, directors, managers, entrepreneurs, professors, academic researchers and graduate students in the field of Law studies.
Arjuna Subject : -
Articles 5 Documents
 1 
Search results for , issue "Vol 17, No 1 (2023)" : 5 Documents clear
Perlindungan Hukum Kreditur Terhadap Pembatalan Perjanjian Perdamaian Irpan Hadi
Jurnal Penelitian Hukum Legalitas Vol 17, No 1 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i1.263

Abstract

This research aims to examine and understand the implementation of peace agreement dispute resolution in the Bankruptcy Process for Delaying Debt Payment Obligations (PKPU), as well as evaluate homologation decisions against creditors based on Law No. 37 of 2004 concerning Bankruptcy and Delaying Debt Payment Obligations. The research method used in this research is normative legal research conducted as an effort to obtain the necessary data related to the problem. The results of this study reveal that legal protection for creditors, especially unsecured creditors (concurrent), is very limited due to large debts by debtors. Debtors have significant control over the postponement of debt payment obligations (PKPU) application, and secured creditors often have no influence on this decision. Asset sales after bankruptcy are often insufficient to satisfy debts, to the detriment of creditors. Therefore, government intervention is required to provide better legal protection to creditors, especially unsecured (concurrent) creditors, which takes into account their human rights and business continuity. In this context, legal measures such as action paulina and the principle of parity creditorium in the Bankruptcy Law are essential to protect creditors. Thus, this research highlights the need for improved legal protection for creditors, especially unsecured creditors, in insolvency situations in Indonesia.
Tanggung Jawab Pidana dan Uang Pengganti dalam Kasus Pencucian Uang Korupsi di Indonesia Januar Rasito; Kristiawanto Kristiawanto; Mohamad Ismed
Jurnal Penelitian Hukum Legalitas Vol 17, No 1 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i1.264

Abstract

This research discusses evidence in corruption money laundering cases in Indonesia, focusing on the use of reverse burden of proof. This burden of proof is applied primarily to the assets of the defendant in corruption cases. However, the use of this reverse burden of proof still raises uncertainties in its implementation, especially in identifying assets that are not defendants, and can have an impact on the ownership rights of the defendant's assets. This research uses a normative juridical method with interpretative analysis to investigate the complexity of the evidentiary mechanism. The results show that the defendant must prove that his/her assets are not the proceeds of a criminal offense to retain the right to the assets, otherwise, the assets will be confiscated by the state. Therefore, further clarification is needed in the relevant laws to improve clarity and fairness in the application of the reverse burden of proof in corruption and money laundering cases.
Penegakan Hukum Terhadap Anak Pelaku Tindak Pembunuhan Ni Nyoman Dara R.D; Tofik Yanuar Chandra; Mohamad Ismed
Jurnal Penelitian Hukum Legalitas Vol 17, No 1 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i1.260

Abstract

Children are in an environment that increasingly leads to criminal acts, one of which is murder. In law enforcement, problems arise because the perpetrators of these crimes are children who do not yet have legal capacity. In Indonesia, law enforcement against children who commit murder has been regulated in Law Number 11 of 2012 concerning the Child Criminal Justice System with the aim that the legal process is different from adults. The method in this research is normative juridical. The result of this research is law enforcement against children who commit murder in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, can be sentenced to the main criminal sanction, namely imprisonment formulated in Article 81 paragraph (2), "The imprisonment that can be imposed on children is at most 1/2 (one half) of the maximum imprisonment for adults
Perlindungan Hukum Hak Awak Kapal Dalam Pelaksanaan Perjanjian Kerja Laut Thomas Narpati Hendrawan; Achmad Fitrian; Gatut Hendro Tri Widodo
Jurnal Penelitian Hukum Legalitas Vol 17, No 1 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i1.261

Abstract

The shipping sector is one of the vital sectors in the transportation of people and goods, so in the implementation of shipping activities, workers who work on ships are called as Ship's Crew (ABK). According to Law Number 17 of 2008 on Shipping, crew members are ship’s crew members other than masters, what is meant by crew members are people who work or are employed on a ship by the ship’s owner or operator of the ship to carry out tasks on board according to their position listed in the seafarer’s book (monsterrol). Problems related to legal protection of the rights of crew members in implementing seafarer employment agreements are mostly disputes about termination while the employer does not provide severance pay due to the legal principle that applies to seafarer employment agreements is referring to specific legal principle, namely lex specialis derogate lex generalis. The results of the study show that the legal basis for making maritime labor agreements in principle refers to Book II Chapter 4 of the Indonesian Commercial Code concerning Seafarer Employment Agreements. Nevertheless, the provisions of seafarer employment agreements in the Indonesian Commercial Code refer further to the provisions of employment agreements in Chapter 7A Book III of the Indonesian Civil Code, furthermore, in the procedure for seafarer employment agreement, seafarer employment agreements must fulfil legal requirements such as work agreements in general, but there is a slight difference in that work agreements generally only have two subjects involved in a work agreement. In the making of a seafarer employment agreements between the employer and the ship's crew must be made before the Syahbandar and legal protection for the crew is regulated in the seafarer employment agreements where the Government Regulation on the Seamanship that the seafarer employment agreements requires minimum wages, leave, welfare, safety and other than that, if there is an industrial relations dispute, it can resolve through the bipartite and tripartite phase.
Mediasi Penal Sebagai Bentuk Penanganan Perkara Anak Ringgi Sarungallo; Ramlani Lina Sinaulan; Mohamad Ismed
Jurnal Penelitian Hukum Legalitas Vol 17, No 1 (2023)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v17i1.262

Abstract

Dispute resolution with mediation is an alternative of problems solving in society. In the concept of the current developments of the Judiciary, the procedure for handling criminal cases in several countries has been known for penal mediation. Penal mediation is an alternative settlemen of criminal cases emphasizing restorative justice approach, which is carried out between the victim and the offender or his/her family with the purpose of the restoring the balance in the society. This study aims to analyze how to the implementation of penal mediation children criminal cases with type of research is an literature approach. The presence of penal mediation is deemed necessary by the community as a means of resolving of chidren criminal cases that are fast, economical, and acceptable by parties outside the court so as to achieving a win win solution and will bring justice to perpetrators and victims. The application of penal mediation for the purpose of achieving Pancasila justice.

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