Criminal Law Commons^™

Debating Expert Authority In Corruption Cases: The Challenge Of Interpreting State Financial Losses Under The 2023 Indonesian Criminal Code, Wendy Kenafiana Assanti, Hendry Julian Noor

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The 2023 Indonesian Criminal Code revises the formulation of corruption offenses, including rules on proving state financial losses; however, the elucidation of Article 603 raises questions regarding the competent institution and the evidentiary weight of audit results. This study examines how the provision may perpetuate ongoing debates over experts’ authority to determine state financial losses, which are often perceived as affecting legal certainty, and proposes a reformulation to provide clearer legal guidance. This doctrinal study employs statutory and case law approaches, utilizes qualitative methods, and applies Gustav Radbruch’s perspective as an analytical lens. It finds that Article 603’s elucidation uses …

Legal Implication And Solution: The Exemption For Apartment And Flat Developer's Bankruptcy Request As Insufficient To Meet Simple Proof Requirements, Veri Antoni, Azka Farrell Razaga

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Supreme Court Circular (SEMA) 3/2023 states that apartment and/or flat developers do not meet the simple proof requirements referred to in Article 8 paragraph (4) of Law 37/2004. This paper aims to answer what is the legal implication of the exception to the bankruptcy request against apartment and/or flat developers that were considered insufficient to meet the simple proof requirement in SEMA 3/2023? and what the solutions as a recommendation that can be provided? This research is normative legal research that employs legislative, conceptual, and comparative approaches through document studies to obtain secondary data. Simple proof in bankruptcy law refers …

Antitrust In Practice: Case-Based Comparative Analysis Of Predatory Pricing Enforcement In Indonesia And The United States, Anna Maria Tri Anggraini, Ahmad Sabirin, Farhandi Himawan

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Business entities employ predatory pricing as a strategy primarily aimed at eliminating competitors. The regulation and detection of predatory pricing are complex processes, and each country adopts distinct mechanisms to address the issue. The scientific contribution of this study lies in its comparative analysis of two different legal systems—Indonesia’s civil law and the United States’ common law—in addressing predatory pricing practices under competition law. It examines how differing legal frameworks influence the methods of proof, the application of the rule of reason principle, and the pattern of sanctions imposed on business actors. In addition, this study adopts an interdisciplinary approach …

Penggunaan Metode Socrates Dalam Mengembangkan Pendidikan Tinggi Hukum Di Indonesia, Syarifah Lisa Andriati, Inneke Kiki Rizki, Ain Najwa Binti Mohd Malian

Jurnal Hukum & Pembangunan

The ability to think critically and have the ability as a problem solver is needed in higher education Law in Indonesia. One of the methods used is the Socratic Method. Critical thinking is one of the aspects that law students must have to improve their ability as problem solvers. This research was conducted to contribute that the application of the Socratic method is effective to be applied in the learning process of higher education in Indonesia, as well as to provide evaluation and knowledge about the challenges and obstacles that will be faced in the process of applying the Socratic …

Mogok Kerja Tenaga Medis: Problematika Pada Uu Ketenagakerjaan Dan Pilihan Model Pengaturannya, Rama Agung

Jurnal Hukum & Pembangunan

The issue of healthcare workers' strikes remains complex in terms of regulatory frameworks. On one hand, there is a conflict of interest between public interest in access to healthcare services and, on the other, the Labor Law, which regards the right to strike as a fundamental right of workers, integral to collective bargaining. This paper examines the challenges in regulating healthcare workers' strikes by analyzing Article 139 of the Labor Law and exploring regulatory models that support the provision of high-quality healthcare services. The findings highlight several key points. First, Article 139 of the Labor Law does not yet provide …

Analisis Perluasan Makna Pasal 71 Ayat (1) Undang-Undang Pilkada Berdasarkan Putusan Pengadilan Negeri: Upaya Mewujudkan Keadilan Dalam Pilkada 2024, Supriyadi Supriyadi, Abdullah Iskandar

Jurnal Hukum & Pembangunan

The analysis and study of decisions is actually popular and developed in countries with common law systems, legal scholars, researchers and practitioners there place their court decisions as the primary object of legal study, which is why the existence of court decisions is the main benchmark in applying and shaping the law. In the context of legal development in Indonesia, the study of this decision has had a good place among legal scholars and researchers, this has been proven by the existence of several works produced focusing on the analysis of decisions, such as those popularised by the Judicial Commission …

Tapera: Melindungi Hak Atas Tempat Tinggal Atau Mengancam Kehidupan Yang Layak, Elizabeth Jeneva Samuella, Ida Susanti

Jurnal Hukum & Pembangunan

This study examines the People's Housing Savings (TAPERA) policy in the context of protecting the right to adequate housing and its impact on the decent living conditions of workers. Under TAPERA regulations, all workers are required to set aside a portion of their salary, including those who already own a home. While this policy aims to improve access to adequate housing, it raises questions about its impact on purchasing power and the fulfillment of other basic needs. The study employs an interdisciplinary approach using socio-legal methods to evaluate whether the mandatory TAPERA contributions can be considered a violation of the …

Lahirnya Tensi Metafisik Di Urat-Leher Projek-Projek Interpretasi Konstruktif, Herman Bakir, Mukhtasar Syamsuddin

Jurnal Hukum & Pembangunan

This project is a legal hermeneutics. The aim is to elaborate the paradigm of the law as integrity theory, Ronald Dworkin’s work, which has received recognition as one of the most influential philosophical systems in the world of law throughout the last century. The issues discussed are divided into three subjects: (1) the interpretation role in legitimizing “law” as a corpus that has a “soul”; (2) a concept of interpretation from the womb of the law as integrity theory; (3) the dual capacity of “constructive interpretation” in [a] “returning” law to its roots; and [b] housing “morals” within the body …

Jalan Tengah Indonesia Menuju Penghapusan Pidana Mati, Calvin Wie

Jurnal Hukum & Pembangunan

Constitutional Court Decision Number 2-3/PUU-V/2007 states that the death penalty does not conflict with the 1945 Constitution of the Republic of Indonesia. However, the decision provides a kind of guideline that suggests that efforts should be made to moderate the death penalty, including by removing the death penalty from the main criminal system and by formulating provisions for postponing the implementation of the death penalty (conditional capital punishment). This was followed up in the reform of the national criminal law with the promulgation of Law Number 1 of 2023 concerning the Criminal Code. This research aims to determine the legal …

Diskursus Kriminalisasi Pemidanaan Terhadap Pemberi Gratifikasi, Muhammad Fatahillah Akbar

Jurnal Hukum & Pembangunan

This article aims to examine the legal basis to prosecute gratifiers in Indonesian Corruption Justice System. Samin Tan as the giver of gratification to Eni Maulani Saragih had been acquitted by the Corruption Court of Jakarta Decision Number 37/Pid.Sus-TPK/2021/PN.Jkt.Pst on 30^th August 2021. Then, the Cassation to Supreme Court had also been rejected by Supreme Court Decision Number 2205 K/Pid.sus/2022 on 9^th June, 2022. Hence, Samin Tan stays acquitted. The decision majorly focuses on the “absence” of law which criminalizes gratifiers or gratification givers. Therefore, this article elaborates how similar cases shall be handled in the future. In …

Despair Amongst Brazil’S Youth: Does The Hague Convention On International Child Abduction Need More Bite?, Ishani Sanyal

Pace International Law Review

For decades, international child abduction by one parent from the legal custody of the other has been a persistent issue which continues to be overlooked by international organizations and countries from around the world. While the Hague Convention on the Civil Aspects of International Child Abduction has helped to initiate certain progress in addressing acts of international child abduction by parents, signatory states including Brazil have failed to enforce rulings and provisions of the convention. This article addresses how the convention does not account for structural inadequacies of Brazilian court systems which prevent thorough enforcement of international custody and visitation …

Fruit Of The Poisonous Utility Pole: Why Digital-Age Privacy Expectations Render Warrantless Pole Camera Surveillance Unconstitutional, Raymond M. Gaytan

Chicago-Kent Law Review

No abstract provided.

High At Home: How The Continued Federal Prohibition Of Cannabis In Federally Subsidized Housing Perpetuates The War On Drugs, Marcella Jackson

Villanova Law Review (1956 - )

No abstract provided.

Textualist Reasoning And The Open Fields Doctrine: A Survey Of State-Constitutional Decisions, Ariel Krogue

BYU Law Review

State constitutions can, and often do, provide more extensive individual rights than the Federal Constitution affords. When this occurs, state courts frequently cite textual differences between the Federal Constitution and their own state constitutions to explain their departures from federal norms. But do textual differences between the Federal Constitution and state constitutions actually explain why some states offer more constitutional protection than the federal government does? When it comes to the Fourth Amendment’s open fields doctrine, the answer is no.

This Note provides a fifty-state survey of state-constitutional search and seizure provisions; it also identifies those states that have rejected …

Twilight Of Deference? Kisor, Chevron, And The Fate Of Deference To The Commentary Of The United States Sentencing Guidelines, Hannah May

University of Cincinnati Law Review

No abstract provided.

A Bottom-Up Approach To Ai Facial Recognition Technology Wrongful Arrests And Subsequent 42 U.S.C. § 1983 Actions, Marty Ishmael

University of Cincinnati Law Review

No abstract provided.

Engaging Seminars: The Impact Of Storytelling In Public Safety Education, Mimi Gough, Glenn L. Walton

The Guardianship Journal

This paper examines the important role of storytelling in higher education as a technique for engaging students in course content and applies its relationship to the experiential learning theory (ELT) in which learners are actively seeking knowledge through authentic application. Storytelling can be a particularly effective method when used during live online seminars in public safety education, since this particular program of study often relies on verbally communicating realistic and credible information. Sharing various examples of actual encounters can help students better prepare for these types of situations when they face them in their future careers. Incorporating evidence to support …

Lost In Translation: How The Criminal Justice System Fails Individuals With Autism, J.Mckenna Harris

Master of Arts in Human Services

Adults with autism spectrum disorder face significant challenges throughout the criminal justice system, from initial police contact through incarceration. This capstone examined how the core features of autism, literal language processing, difficulty reading social cues, sensory sensitivities, and executive function deficits, create vulnerabilities that legal professionals frequently misunderstand. The literature review revealed a consistent pattern: behaviors rooted in autism are routinely misinterpreted as signs of guilt, defiance, or lack of remorse. During interrogations, individuals with autism are highly susceptible to false confessions because they struggle with abstract legal language, tend to comply with authority figures, and cannot predict the consequences …

A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues

2025 Fall Honors Capstones Projects - Archive

Domestic violence continues to affect millions of individuals worldwide, yet legal systems respond to it in very different ways. This research compares how India’s Protection of Women from Domestic Violence Act (2005) and the United States’ Violence Against Women Act (1994; 2021) protect victims and hold offenders accountable. Using a comparative legal analysis, the study examines both laws’ language, enforcement mechanisms, and effectiveness through court cases, government reports, and statistical data. By identifying the strengths of the United States model such as mandatory arrest provisions and victim support systems, the study aims to propose practical reforms for India’s legal framework. …

Free Will, Responsibility, And The Corporation: A Critique Of Corporate Criminal Liability, Declan C. Lawson

William & Mary Law Review Online

Part I of this Note will provide background on the relationship between free will and criminal liability and discuss the extant theories underpinning corporate criminal liability. Part II will examine the shortcomings of those theories. Part III will argue for a free will-based approach for apportioning blame for corporate criminal conduct. Such an approach is both theoretically and practically justified.

This abstract was taken from the author's introduction.