International Journal of Nusantara Law and Policy

Forcible Seizure of Motor Vehicles Due To Default on Consumer Financing Payments

Samgar Siahaan — 2023-12-18

Financing institutions focus on consumer financing, including motor vehicles, with fiduciary collateral. In practice, consumers who default on payments may be considered in breach of contract, leading to the execution of the fiduciary collateral. This study examines the procedure for repossessing a vehicle in cases of consumer default, legal protection for consumers against forced repossession, and the criminal liability of debt collectors. The research employs a normative juridical method with a descriptive-analytical approach and library research. The findings indicate that the execution of fiduciary collateral must involve the police, consumers' rights are protected by law, and debt collectors who unlawfully seize collateral can face criminal charges. Additionally, financing companies can be sued for unlawful acts and are required to provide compensation

Criminal Liability of Cigarette Companies For Non-Payment of Customs Duties

Tompian Jopi Pasaribu — 2023-12-18

Companies, as legal entities, possess rights and obligations equivalent to other legal subjects. Within the framework of Indonesia as a rule-of-law state based on Pancasila and the 1945 Constitution, Law No. 39 of 2007, amending Law No. 11 of 1995 on Excise, aims to ensure legal certainty, justice, transparency, and accountability. The Directorate General of Customs and Excise (DJBC) is tasked with monitoring violations within customs areas, including excisable goods such as cigarettes. This normative juridical study examines the criminal liability of cigarette companies using counterfeit excise stamps, as illustrated by Decision No. 900/Pid.Sus/2018/PN.Sda. In this case, the defendant, Bagus Setiawan, as the owner of CV Surya Jaya, was proven guilty of violating the Excise Law and was subjected to criminal penalties, including fines, product confiscation, and asset seizure. This research highlights the DJBC's role in setting excise tariffs and the legal implications for corporations that violate excise regulations

Synchronizing Restorative Justice in Criminal Law: A Study of Attorney General Regulation No. 15 of 2020 In The Republic of Indonesia

Aryanfi Kantha Diprama — 2023-12-18

The Attorney General Regulation No. 15 of 2020 on Termination of Prosecution Based on Restorative Justice represents an innovation by the Attorney General's Office of Indonesia to address evolving societal legal needs. However, the regulation contains shortcomings and conflicts with criminal law provisions regarding the resolution of criminal cases outside the court system under restorative justice principles. This normative legal research employs a descriptive-analytical approach, analyzing general theories and concepts to explain and compare relevant data. The findings are as follows: First, the essence of restorative justice in Indonesia's criminal justice system lies in fostering peace among offenders, victims, and society, emphasizing the inseparability of justice and peace. Second, significant inconsistencies exist between the regulation and the Indonesian Penal Code in terms of offense categories, procedures for prosecution termination, victim involvement, recidivism, and age limits. Incompatibilities with the Criminal Procedure Code are also evident, as the latter lacks explicit provisions on out-of-court settlements. Third, the adoption of restorative justice in the regulation shifts the paradigm of punishment goals, sacrificing legal certainty in prosecution termination practices

Investigation and Inquiry Into False News (Hoax) Conducted By The North Sumatra Regional Police

Vebri Rahmadani — 2023-12-18

The increased use of the internet in Indonesia, through various devices such as computers, smartphones, and tablets, facilitates the rapid dissemination of information, including false news or Hoaxes. Electronic media allows news to spread in seconds and on a large scale, which also makes it easier for Hoaxes to be circulated. The police, in accordance with Article 30, paragraph 4 of the 1945 Constitution, play a crucial role in enforcing the law against Hoaxes through both preventive and repressive measures. Regulations related to Hoaxes in Indonesia include the Criminal Code (KUHP), Law No. 1 of 1946, and the ITE Law. In practice, the North Sumatra Regional Police have undertaken various efforts and faced challenges in investigating and handling Hoaxes

The Court's Ruling on the Determination of Suspect Status by a Pretrial Judge as a Development in Indonesian Criminal Procedure Law

Dandy Alfayed Ginting — 2023-12-18

This article examines Decision No. 24/Pid.Pra/2018/PN.Jkt.Sel, which orders the Corruption Eradication Commission (KPK) to determine the suspect status of Boediono and related parties in the Bank Century corruption case. The research employs a normative and analytical approach, comparing pretrial practices in other countries and exploring judicial law-making by judges. The findings indicate that the decision is not regulated under the Indonesian Criminal Procedure Code and exceeds the authority of pretrial proceedings, which should only encompass formal aspects. It is recommended that clear limitations on the authority of pretrial proceedings be established and that the mechanism be improved through the Draft Criminal Procedure Code to enhance legal certainty