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AGUS PURWANTO
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INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)
Published by Winrow Veritas Law Firm
ISSN : -     EISSN : 27742245     DOI : https://doi.org/10.8888/ijospl
Core Subject : Humanities, Science, Education, Social,
Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice
he main focus of INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJoSPL) is to publish the results of research and work of thought, with the following fields: theory or doctrine, principles, norms, philosophy, comparison, application, history, relations with other disciplines in the field. -Social Sciences, Policy and Law. INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJoSPL) provides a forum for sharing timely and up-to-date publication of scientific research and review articles. The journal publishes original research papers at the forefront of law and social sciences. The topics included and emphasized in this journal are, but not limited to, law, political science, economics, environment, history, communication, sociology and safety. The topics related to this journal include but are not limited to: International law Contract law Civil law Political law Sociology Business studies Industrial relations Criminology Safety Constitutional and administrative law Tort law Common law and equity Legal history Social philosophy Behavioral science Management Environmental social science Criminal law Property law Religious law Political science Social psychology Communication studies Economics Education
Arjuna Subject : Bisnis, Menejemen, dan Akutansi (semua kategori) - Perilaku Organisasi dan Menejemen Sumber Daya Manusia
Articles 14 Documents
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Search results for , issue "Vol. 4 No. 2 (2023): June 2023" : 14 Documents clear
Analysis of Handling State Losses In Corruption Crimes Mulyono Mulyono; Eny Maryana
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i1.123

Abstract

Handling of corruption offenses. Article 4 of Law No. 31 of 1999 states that "The return of state or national financial losses does not eliminate the criminal prosecution of the perpetrators of criminal acts as referred to in Articles 2 and 3. The existence of state losses in a case and the amount of the loss are very important, and currently there is still controversy, both regarding the evidence presented and the interpretation of "state losses" in corruption cases. To determine the amount of state losses in corruption cases, if the case is simple, the determination is made by the Prosecutor's Office. If the case requires a thorough audit, the Audit Board of Indonesia (BPK) or the Financial Supervisory Agency under Article 22 and Article 23 of Law No. 15 of 2004 concerning Examination of State Financial Management and Responsibility jo Article 1 number (16) of Law No. 15 of 2006 concerning the Audit Board of Indonesia regulates the mechanism for compensation in the event of a shortfall or loss of state funds. Law No. 15 of 2016 is contained in BPK Regulation No. 3 of 2007 concerning Procedures for Resolving Compensation for Treasurers jo the Audit Board of Indonesia Regulation No. 2 of 2010 concerning Monitoring of the Implementation of Follow-up Actions on the Results of the Audit Board of Indonesia's Audit under Article 3 paragraph (3). According to the explanation in Law No. 31 of 1999 concerning Eradication of Corruption, state finance refers to all state wealth in any form, whether separated or not, including all parts of state wealth and all rights and obligations arising from it. According to Law No. 31 of 1999, state financial loss is the reduction of state wealth caused by an illegal act, abuse of authority/opportunity or means available to a person due to their position or status, a person's negligence, and/or circumstances beyond human capability (force majeure). State losses are defined as a definite and certain shortage of money, valuable papers, and goods as a result of unlawful acts, whether intentional or negligent.
The Concept of Alternative Justice In The Form of Cumulative Criminal Sanctions For Corporate Crimes : Adopting The Concept of Justice of Thomas Aquinas Eny Maryana
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i1.124

Abstract

: Justice according to Thomas Aquinas is the virtue of justice that involves "aliquod opus adaequantum alteri secundum aliquem aequalitatis modum", which means giving what should be received by others based on proportional equality. However, Thomas' thoughts have not been seen in the law enforcement system in Indonesia, especially in the context of corporate crime victims. Victims often do not receive justice, such as compensation and appropriate punishment for corporate criminals. Indonesia's criminal law system only recognizes two types of punishment, namely primary and additional punishments. Primary punishment includes the death penalty, imprisonment, detention, fines, and closure, with a maximum prison sentence of 20 years even if there are multiple victims with significant losses. Therefore, quantitatively speaking, this is unfair according to the principles of justice explained by Thomas Aquinas. Criminal sanctions against corporate crime perpetrators are regulated in Law Number 11 of 2020 concerning Job Creation. Although legal entities or corporations can be held accountable and punished, the primary punishment against corporations is only in the form of fines and/or additional punishments, such as confiscation of evidence, compensation, and restitution. However, the criminal sanctions in some large cases of corporate crime are not proportionate to the value of losses and the number of victims affected. Therefore, alternative thinking is needed in the context of proportionate punishment based on the principles of justice of Thomas Aquinas, namely cumulative justice. This research aims to analyze the application of cumulative law in Indonesia based on alternative justice for corporate crime victims. Alternative justice must be embodied in the form of revisions to the Criminal Code to implement a more just legal system in Indonesia. This study uses a descriptive-analytical approach with normative legal methods, and examines regulations and the Criminal Code. The results show that cumulative law as an alternative justice for corporate victims in seeking proportional justice must be applied in the legal jurisdiction of the Republic of Indonesia. This does not preclude the possibility of becoming a reality as the law advances and crime becomes increasingly sophisticated and well-organized.
The Implementation of The Death Penalty In Cases of Corruption According to Law No. 31 of 1999, as Amended by Law No. 20 of 2001 and Law No. 1 of 2023, From The Perspective of Legal Certainty is as Follows Piong Khoyfung; Asmariah Asmariah
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i1.125

Abstract

Criminal law regulates prohibited acts under the law and the criminal sanctions for perpetrators. Punishment is the suffering imposed by the state on criminal offenders. Corruption is an act that violates the law and involves the subordination of personal interests above public interests, including violations of norms, duties, and public welfare. Corruption is carried out through secrecy, betrayal, fraud, and manipulation that harm the people. The death penalty is considered the most severe punishment under Law No. 1 of 2023. The Criminal Code (KUHP) explicitly regulates the death penalty as the principal punishment. However, the implementation of the death penalty for corruption in Indonesia is still not optimal due to factors such as the lack of clarity and accuracy in the law enforcement system, as well as judges' assessment of justice and legal certainty for corruptors. Other obstacles also affect the implementation of the death penalty. Law No. 1 of 2023 states that the death penalty can be applied if the corruption perpetrator shows no remorse and good behavior during a 10-year probation period. If the corruption perpetrator demonstrates good behavior and receives clemency, the death penalty will not be carried out, even if the elements of Law No. 31 of 1999 on Corruption Eradication (UU Tipikor) Article 2 paragraphs 1 and 2 are fulfilled. Until now, no corruptor in Indonesia has been sentenced to death in various corruption cases. Furthermore, the punishment for corruptors under the Criminal Code is lower than under the Law on Eradication of Corruption Crimes (UU Tipikor). Article 2 of UU Tipikor establishes a minimum imprisonment of four years and a maximum of 20 years for corruptors. UU Tipikor also regulates a minimum fine of IDR 200 million and a maximum of IDR 1 billion for corruptors. The high number of corruption cases receiving lenient sentences and the absence of corruptors in Indonesia being sentenced to death indicate the need for a study of UU Tipikor Article 2 paragraphs 1 and 2. This aims to ensure that the application of the death penalty in corruption verdicts fulfills legal certainty without confusion in law enforcement. Although the death penalty is considered a last resort by law enforcement authorities in corruption cases, judges' assessment must also consider the aspects of crimes that harm the state and society, including corruption crimes committed in specific circumstances such as disasters. Article 2 paragraph (2) states that in cases of corruption committed in specific circumstances, the death penalty can be imposed to meet the elements of judges' assessment and consideration in imposing the death penalty verdict.
THE EFFECT OF ORGANIZATIONAL COMMITMENT ON SERVICE EXCELLENT AT PALM CAFÉ Daria Aryutami M. Selasa; Juliana Juliana
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i2.126

Abstract

The development of the hotel business, which is running more rapidly, and the recovery of the tourism industry also has an impact on the food and beverage provider sector which continues to grow. Doing business in providing food and drinks what is offered to guests is not only about food and drinks, but also the quality of service provided to guests. This study aims to analyze the relationship of organizational commitment to service excellent using quantitative research methods and collecting interview data and direct observation which clearly describes the object under study. Data analysis method used linear regression analysis with the help of Partial Least Square -SEM consists of two variables The target population in this study was all employees in palm café and the sample in this study was employees who worked in the food and beverage Service Department which amounted to 16 research respondents using the non-probability sampling method. Nonprobability sampling is a sampling technique Organizational Commitment as an independent variable and Service Excellent as the dependent variable. Employee commitment formed through regular employee training is one approach that has been used by organizational companies to achieve company goals in increasing profits. Employees who are trained continuously will have extensive knowledge, skills, and insights that will improve their job performance through the quality of service provided to customers by providing service excellent and besides that will generate loyalty to the company. In this study, employee organizational commitment has a relationship with service excellent.
Law Application To Children As Narcotics Abuse Persons Danang Halintoko; Marfendi Oktavianto Pratama; Ombun Simatupang; Hanang Wahyu Anshori; Sufiarina Sufiarina
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i2.127

Abstract

Typical psychological characteristics of adolescents are factors that facilitate substance abuse. However, for this to happen there are other factors that play an important role, namely the environmental factors of the substance user. These environmental factors have an influence on adolescents and trigger the emergence of motivation to abuse substances. In other words, the emergence of substance abuse problems is triggered by the interaction between environmental influences and the psychological condition of adolescents. The approach used in this study is a normative juridical approach. Normative Juridical Research Method is legal research that uses secondary data sources. As a legal (juridical) research with the object of juvenile law principles, the approach used is a juridical approach, namely formal juridical and empirical juridical approaches. Legal protection for children in the judicial process is carried out starting from the level of investigation, investigation, prosecution, examination at court hearings up to the implementation of the court decision. During the judicial process, the rights of the child must be protected by applicable law and therefore it must be carried out consistently by the parties involved in solving the problem of the naughty child.
Law Enforcement And Factors Background To The Crime Of Fraud In Online Selling Transactions In Indonesia Apriyas Munik; Fajar Ali Syabana; Ewin Eka ijayanto Wijayanto; Ali Rasya; Sufiarina Sufiarina
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i2.128

Abstract

The country of Indonesia is experiencing the growth of online shops which are developing very rapidly, several electronic transaction sites (e-commerce) or commonly called online shops which are well known especially to the people in Indonesia, including: Bukalapak.com, Tokopedia, OLX, Blibli.com, Elevenia, Lazada, Shopee, Berrybenka, Blanja.com, Zalora, JD.id and others. However, related to technological developments is one of the factors that can lead to crime. The forms of crime that exist are increasingly varied and more contemporary. Crime has been accepted as a fact, both in the simplest (primitive) society and in modern society, which is detrimental to society. The losses incurred can be in the form of losses in the sense of material or immaterial. Material losses, for example victims of crime and damage or destruction of property as well as the increased costs that must be incurred for handling it. Immaterial losses can reduce or lose public trust in the implementation of law enforcement carried out by law enforcers. With the development of technology, in reality crimes through the misuse of information technology are increasingly being committed. The type and mode of crime itself continues to grow. Criminal acts of fraud in online buying and selling transactions are currently growing with the times and technological advances. Legal regulations are made to anticipate this, but the existing regulations do not seem to reduce these crimes but have increased. Based on what has been described in the background above, the author tries to identify the following problems: What are the legal provisions against perpetrators of fraud in online buying and selling transactions? What are the factors behind the crime of fraud in online buying and selling transactions in Indonesia? In this journal the author uses a normative juridical approach, namely a method in which law is conceptualized as norms, rules, principles or dogmas. Legal provisions against perpetrators of criminal acts of fraud in online buying and selling transactions. As is known, the arrangements regarding electronic transactions regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions and Law no. 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Electronic Information and Transactions as the main basis for online buying and selling arrangements and Government Regulation Number 71 of 2019 concerning Electronic System and Transaction Operations. .
Role Of The National Narcotics Board Of The Republic Of Indonesia (BNN RI) In The Process Of Investigation In Narcotics Criminal Actions Ramosta Setiawan Sirait; Adhitya Garmenda Gunawan; Fajar Ade Satyawan; Aji Nugroho; Sufiarina Sufiarina
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i2.129

Abstract

The Indonesian people are currently faced with a very worrying situation due to the increasing prevalence of illegal use of various narcotics and psychotropics. This concern is getting sharper due to the increasingly widespread illicit traffic of narcotics and psychotropics which has spread in all levels of society, especially among the younger generation, even worse has entered the world of campuses, in student boarding houses. The approach used in this research is a normative juridical approach. The normative juridical approach is an approach that is carried out by examining the principles of criminal law, statutory regulations, and other regulations that are relevant to the problems studied. What are the obstacles faced by investigators from the National Narcotics Agency (BNN) related to the implementation of the Undercover Buy technique? Some of the internal obstacles in handling narcotics crimes committed using the Undercover Buy technique are as follows:1) Lack of required amount of equipment, 2) Limited operational costs, 3) Investigators' constraints after making an undercover buy. While the external constraints in dealing with follow narcotics crimes committed by undercover buying techniques are as follows: 1) Obstacles in obtaining informants / espionage. 2) Constraints determine the location of covert purchase. The efforts of investigators from the National Narcotics Agency (BNN) in overcoming obstacles to carrying out undercover buying techniques. The internal efforts made are as follows:1) Efforts to overcome the shortage of the necessary equipment. 2) Efforts to overcome limited operational costs. 3) Attempts made by investigators after making an Undercover Buy. While external efforts are as follows: a) Efforts to get informants and optimize roles suspect.b) Attempts to Determine Covert Purchase Locations.
Legal Study of Bureaucratic Reform in Improving the Quality of Public Services at the National Narcotics Agency of the Republic of Indonesia (BNN RI) Dewi Pertasari; Farliandi Farliandi; Lina Yuliana; Suparno Suparno; Sufiarina Sufiarina
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i2.130

Abstract

The illicit trafficking of drugs is a crime that is very broad and transcends the boundaries of a country, can move to all socio-economic layers of society in the world. Drug trafficking is a form of globalization of organized crime. The approach method used in this research is normative juridical legal research, namely legal research conducted by researching and studying literature. According to Soedjono Soekanto and Srie Mamuji, normative legal research includes: research on legal principles, legal systematics, levels of vertical and horizontal synchronization, comparative law and legal history. BNN RI, needs to represent institutional performance that must be oriented towards performance results that can be felt by the community. This professional and high-performing institutional strengthening will provide transformation points that have an impact on improving public services. The indicator of the success of this goal is measured by the Public Service Index. For the obstacles faced in Bureaucratic Reform in improving public services at the National Narcotics Agency of the Republic of Indonesia (BNN RI), that there are several factors that influence the not running of public services properly at the National Narcotics Agency of the Republic of Indonesia (BNN RI), namely employee performance problems that is not good, such as behavior that does not reflect serving optimally shows behavior that wants to be served
Government Efforts To Prevent Overlaps In Certificate Issuance Through Measurement And Mapping Herman Menropa Dlk Saribu; Aswin Aswin; Rachman Purba; Ari Suryana; Sufiarina Sufiarina
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i2.131

Abstract

Land registration is carried out by the government for the benefit of the people in order to provide guarantees of legal certainty in the field of land, which is carried out by the Land Office. Likewise with the transfer of rights, registration must also be carried out, so that the transfer of ownership of said rights can be recorded in the land book stating that the rights to the land have been transferred from the first owner to the next owner of the right through the process of transferring names. This study uses a normative juridical approach, namely: a way to find out the enactment of law in statutory regulations. Starting from an analysis of legal issues both from books and laws and regulations related to this research. Government efforts to prevent overlap in issuing certificates. To prevent overlap/overlapping in the issuance of certificates, the Government must make a decision that the only institution that takes care of land administration is the National Land Agency and other institutions only follow the instructions or regulations issued by the BPN. The basis for the establishment of BPN is Presidential Decree No. 26 of 1988. As an operational guide for BPN, the leadership of this institution then issued SK No. 11/KBPN/1988 in conjunction with Decree of the Head of BPN No. 1 of 1989 concerning the Organization and Working Procedures of BPN in Provinces and Regencies/Municipalities. Normatively, BPN is the only institution or institution in Indonesia that is given the authority to carry out the mandate in managing the land sector. The government has also strengthened the role and position of BPN by establishing Deputy V to specifically study and resolve land disputes and conflicts. According to the regulation of the Head of BPN-RI No. 3 of 2006 concerning the organization and work procedures of the BPN-RI, the study and handling of land disputes and conflicts is the field of Deputy V who is in charge of: 1) Directorate of land conflicts. 2) Directorate of land disputes. 3) Directorate of land cases (Article 346 Regulation of the Head of BPN-RI No. 3 of 2006)
Constraints To The National Narcotics Agency's Synergity With The Center For Financial Transaction Reporting And Analysis In Preventing And Eradicing The Crime Of Money Laundering In The Narcotics Business Novy Setyorantiningsih; Bayu Mahendra; Aryo Harry W; Mohamad Adrian Jufril; Sufiarina Sufiarina
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The circulation of narcotics by organized crime continues to increase and even seeks to disguise or eliminate the proceeds of narcotics crime by laundering money through financial institutions or by investing in economic activities. The problem in this study is regarding efforts to overcome the synergy constraints of BNN (National Narcotics Agency) and PPATK (Financial Transaction Reporting and Analysis Center) in preventing and eradicating money laundering crimes from the narcotics business. This study uses normative legal research (library) to draw conclusions about efforts that can be made in synergy between BNN and PPATK in preventing and eradicating criminal acts of laundering from the narcotics business, namely collaboration with related institutions and agencies, increasing the exchange or request for information and statistical data. speedy handling of narcotics crime cases as well as improving PPATK's performance and updating the agreements set forth in the MoU

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