Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat

PERTANGGUNGJAWABAN PIDANA KURATOR YANG MELAKUKAN PENGGELAPAN DALAM PENGURUSAN DAN PEMBERESAN HARTA PAILIT

Rianto, Hendri Jayadi, Paltiada Saragi — Fri, 25 Feb 2022 00:00:00 +0700

Bankruptcy is a general confiscation of all assets of a bankrupt debtor whose management and settlement is carried out by the curator under the supervision of a supervisory judge, (Article 1 paragraph 1 of Law No. 37 of 2004) Bankruptcy regulations are made and issued because the assets of the debtor are not sufficient to be distributed to creditors as a result of the seizure of bankruptcy assets. With the aim that to protect creditors from obtaining their rights in bankruptcy, to provide opportunities for debtors and creditors to negotiate and make mutual agreements or even provide protection to creditors and debtors for errors or omissions from the curator in the bankruptcy estate. The purpose and objective of writing this thesis is to find out the responsibilities of a curator who made mistakes or omissions in the management and settlement of bankrupt assets and also to find out the extent of legal protection for debtors and creditors against actions taken by the curator. The research method used is a normative juridical research with a statutory approach and uses a decision study where the author analyzes the position of debtors and or creditors who file a bankruptcy application and have legal standing as an applicant for bankruptcy to companies, both private and state-owned companies.

ANALISIS YURIDIS PEMBELAAN TERPAKSA DIRI SENDIRI BERDASARKAN PASAL 49 KITAB UNDANG-UNDANG HUKUM PIDANA

Marrio Nicholas, Petrus Irwan Panjaitan, Radisman Saragih — Wed, 08 Feb 2023 00:00:00 +0700

The definition of forced defense when viewed in terms of language, forced defense or noodweer consists of the words nood and "weer". Nood which means an emergency or in an unexpected (difficult) situation, which requires immediate response in a forced situation. Weer means defense which means the act of defending, helping, releasing from danger. Forced Defense Exceeding Limits (noodweer exces) has two conditions to be able to declare someone carrying out forced defenses that are exceeding limits. First, there must be a situation that gives rise to forced defense as discussed above (Article 49 paragraph (1) of the Criminal Code). Second, there must be great mental turmoil as a result of the attack causing a forced defense that goes too far. Based on the formulation of Article 49 paragraph (2) of the Criminal Code The purpose of this research is to find out and discuss protection, the rights of victims who are subject to criminal sanctions by judges and an analysis of the decisions given by judges in the case study case Number 1/Pid.Sus-Anak/2020/PN kpn. The writing of this law uses a normative juridical research method, the type of data used is secondary data, the approach method used is a statutory approach, and data analysis uses qualitative analysis to determine protection for victims of wiretapping.

Corporate Social Responsibility Berdasarkan Pendekatan Economic Analysis Of Law

Melandito Marakey, Rr. Ani Wijayati, Johnson SMT Pangaribuan — Wed, 08 Feb 2023 00:00:00 +0700

Corporate Social Responsibility (CSR) or in Article 1 number 3 of the Company Law is referred to as Social and Environmental Responsibility, which aims to develop the local community or society in general. Furthermore, the regulation regarding CSR is regulated again in Article 74 paragraph (1), which stipulates that only PTs engaged in or related to natural resources are required to carry out CSR. This raises a consequence, that PTs that are not active or related to natural resources are not required to carry out CSR. The CSR arrangements in Article 74 paragraph (1) then become inconsistent with the 3rd paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia which talks about welfare and prosperity and is also inconsistent with the 5th precept of Pancasila which talks about social justice for all. people of Indonesia. The formulation of the problem in this thesis is why there are differences in CSR obligations for companies engaged in or related to natural resources and companies that are not engaged in or related to natural resources, and How is the application of EAL to CSR arrangements is in the Company Law. This research is normative legal research with a conceptual approach and a statutory approach. The data used is secondary data in the form of primary legal materials: the 1945 Constitution of the Republic of Indonesia, Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 32 of 2009 concerning Environmental Protection and Management, Law Number 12 of 2011 concerning the Formation of Legislation, while secondary legal materials are obtained from books, journals, theses, and other literature. From the results of the study, it was concluded that the provisions referred to in Article 74 paragraph (1) which only require PTs engaged in or related to natural resources to carry out CSR are inconsistent with the goals of the state as stipulated in the Preamble of the 1945 Constitution of the Republic of Indonesia, paragraph 3 regarding welfare. and prosperity, as well as being inconsistent with the 5th precept of Pancasila, therefore there must be an amendment to the article, making it obligatory for all or all PTs to carry out CSR. Then because the law exists for humans and not vice versa, the law must provide maximum benefits for humans, through its regulations using basic concepts of economics, to produce laws that are useful, efficient, valuable, and rational.

Pertanggungjawaban Pidana Penebangan Liar Wilayah XXX (Nomor Putusan : Nomor XXX/XXXX/XXXX/XXXX)

Nico Demus Siregar, Petrus Irwan Panjaitan, Edward ML Panjaitan — Wed, 08 Feb 2023 00:00:00 +0700

Illegal logging in the Pasangkayu region of West Sulawesi has become a serious threat to forest sustainability. Forests, vital for ecosystems and human livelihood, are often exploited irresponsibly for personal gain, such as agriculture or timber sales. Based on Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, particularly Article 82, individuals involved in illegal logging can be held criminally liable if they meet the elements of a criminal act (actus reus) and criminal intent (mens rea). This study uses a normative juridical approach with descriptive analysis to examine legal accountability. In the Pasangkayu case, the perpetrators were proven guilty of illegal logging, with no grounds for justification or excuse. The court confiscated key evidence, including 280 pieces of timber, a timber transport vehicle, a saw, and a Toyota Land Cruiser. Criminal liability is imposed when the unlawful act is committed intentionally, and the perpetrator is aware that their actions violate the law. Therefore, legal enforcement must ensure that all elements of the offense are fulfilled to impose appropriate sanctions and deter future violations.