Enigma in Law

Juridical Analysis of Default in Building Construction Agreements in Limited Liability Companies in Batam, Indonesia

Titik Aminah — 2024-01-19

Building construction agreements are one of the agreements that often occur in Batam, Indonesia. This agreement is usually carried out by a limited liability company (PT) as a contractor with another party as the project owner. Default is one of the problems that often occurs in building construction agreements. This research aims to analyze the juridical aspects of default in building construction agreements at PT in Batam, Indonesia. This research uses normative juridical research methods. Data was obtained through literature study and interviews with sources who are experts in the fields of law and construction. The research results show that defaults in building construction agreements can occur due to various factors, including errors in carrying out work, delays in completing work, damage to work, and violation of the terms of the agreement. Default in a building construction agreement can cause losses for the injured party. Therefore, there are various efforts that can be made by the aggrieved party to resolve the issue of default, including termination of the agreement, claims for compensation, and demands for work to be reworked.

Juridical Analysis of Criminal Sanctions for Money Laundering Proceeds of Narcotics Crimes

Juhrin Pasaribu — 2024-01-19

Money laundering proceeds of narcotics crimes is a criminal offense regulated in Law Number 8 of 2010 concerning prevention and eradication of the crime of money laundering. This crime is a serious crime that can endanger economic stability and state security. Criminal sanctions for laundering money from narcotics crimes are regulated in Article 3 of Law Number 8 of 2010. The criminal sanctions that can be imposed on perpetrators of this crime are in the form of a maximum imprisonment of 20 years and a maximum fine of IDR 10 billion. A juridical analysis of criminal sanctions for laundering money from narcotics crimes needs to be carried out to determine whether these sanctions are in accordance with the objectives of regulating this criminal act. The aim of regulating the crime of money laundering resulting from narcotics crimes is to prevent and eradicate the crime of money laundering, as well as to protect the interests of society and the national economy. Criminal sanctions for laundering money from narcotics crimes are in accordance with the objectives of regulating this crime. These criminal sanctions are preventive and repressive, so they can prevent and eradicate money laundering crimes, as well as provide a deterrent effect to perpetrators.

Analysis of the Impact of Revisions to the Consumer Protection Law in the Digital Era

Erniyanti Erniyanti — 2024-02-09

The development of digital technology has brought significant changes in various aspects of life, including trade transaction patterns. The digital era opens up new opportunities for businesses and consumers, but on the other hand, it also presents new challenges in terms of consumer protection. This research aims to analyze the impact of the revision of the consumer protection law in the digital era. This research uses a qualitative method with a case study approach. Data was collected through interviews with legal experts, businesses, and consumers, as well as analysis of related documents. The research results show that the revision of the consumer protection law has had both positive and negative impacts. The positive impact is that the revision of this law strengthens consumer rights and provides legal certainty in digital transactions. The negative impact is that the revision of this law still has several weaknesses in its implementation.

A Meta-Analysis of the Effectiveness of Restorative Justice Programs in Reducing Recidivism: A Global Perspective

Syahwami Syahwami — 2024-07-15

Restorative justice (RJ) is a growing alternative to traditional punitive justice, emphasizing offender accountability, victim reparation, and community reintegration. This meta-analysis aims to quantify the effectiveness of RJ programs in reducing recidivism across diverse global contexts. A systematic search of electronic databases (Scopus, Web of Science, PsycINFO) from 2018-2024 was conducted, including studies that assessed the impact of RJ on recidivism using experimental or quasi-experimental designs. The primary outcome was recidivism (any reoffense), with secondary outcomes of violent and non-violent recidivism. Random effects models were used to calculate pooled effect sizes. Thirty-two studies met the inclusion criteria (N = 18,654 participants). The overall pooled effect size for RJ on recidivism was -0.11 (95% CI -0.15, -0.07), indicating a small but statistically significant reduction in recidivism compared to traditional justice. Subgroup analyses revealed greater effects for youth offenders (-0.16) and for programs with high adherence to core RJ principles (-0.18). In conclusion, RJ programs demonstrate a modest but consistent effect in reducing recidivism. The findings support the continued implementation and expansion of RJ, particularly for young offenders and in settings with strong adherence to RJ philosophy.