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Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines legal protection for child victims of sexual crimes from a criminal law perspective. Using a normative approach and literature review, this study aims to determine the legal protection for child victims of sexual violence, factors that influence the occurrence of sexual violence against children, and efforts to prevent sexual violence against children. The results of this study indicate that Indonesia has a responsibility to protect child victims of crime. Law Number 23 of 2002 in conjunction with Law Number 35 of 2024 in conjunction with Law Number 17 of 2016 concerning Child Protection provides a basis for protection that includes children's rights, protection from violent crimes and discrimination, and fulfillment of their dignity and honor. Special protection is given to child victims of sexual violence through rehabilitation, protection of victim identity, guarantee of safety for victim witnesses, and accessibility to case developments. Criminal sanctions for perpetrators of sexual violence against children are regulated in the Law and the Criminal Code. In handling cases of sexual violence, the role of forensic medicine is crucial in terms of collecting the necessary evidence. The principle of diversion is also applied in handling cases of sexual violence involving minors. Serious coordination between the police, prosecutors, and judges is needed to eradicate sexual violence against children. In closing, this study presents a general overview of legal protection for child victims of sexual crimes from a criminal law perspective. Efforts continue to be made to strengthen the protection and prevention of these crimes through coordination between institutions and effective law enforcement.

Imam Saputra; Sahrul Saputra; Rahmawaty Rahmawaty; Sultan Rexy Adji

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Structural failure in construction projects is a critical issue that not only endangers public safety but also triggers legal consequences for parties involved. This study explores mechanical structural failure from technical, legal, and professional responsibility perspectives. Technically, structural failures are often caused by inadequate planning, poor-quality materials, and improper construction practices. Legally, the Indonesian Construction Services Law (Law No. 2 of 2017) and the Indonesian Criminal Code (KUHP) provide a foundation for holding parties accountable, both civilly and criminally, especially when failures result in significant losses or casualties. The research also discusses the roles and responsibilities of construction consultants and contractors. Consultants are responsible for accurate design and oversight, while contractors must ensure implementation aligns with technical specifications and safety standards. Any negligence or deviation from duties by either party can lead to legal liability. This paper emphasizes the importance of integrating technical diligence with legal compliance to ensure the success and safety of construction projects.

Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Indradewi, Astrid Athina; Ginting, Yuni Priskila; Boong, Vicariya Retnowati

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to conduct a juridical analysis of cases of circulation of illegal cosmetic products. The method used is normative-dogmatic juridical research, which focuses on relevant legal doctrines and principles. The approach used is a conceptual approach and a statutory approach, with primary legal sources including the Health Law, BPOM Regulations, the Criminal Code (KUHP), and the Criminal Procedure Code (KUHAP). Secondary legal sources include journals, books, and other references that support the analysis. The results show that the distribution of illegal cosmetic products that do not meet safety and quality standards, as in the case of the defendant Megawati binti Rahmat alias Mega in verdict number 39/Pid.Sus/2020/PN Slr, is a serious violation of health law and consumer protection in Indonesia. Based on the principle of liability based on the element of fault, the defendant can be held legally responsible because it is proven that she distributed cosmetics without a distribution permit containing hazardous substances such as mercury. The Panel of Judges considered that the defendant's actions fulfilled the elements of unlawful acts in accordance with Article 1365 of the Civil Code and Article 196 of Law of the Republic of Indonesia Number 36 of 2009 concerning Health. The implications of this research emphasize the importance of strict law enforcement and the application of the principle of responsibility to protect public health from dangerous cosmetic products.

Michael Giovanni Joseph; Handoyo Prasetyo; Heru Sugiyono

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the use of nominee agreements as instruments of fraud within Indonesian foundations that operate private educations.  This research focuses on how foundation organs use the foundations to buy land assets for themselves and evade liability. The problem addressed is the gap between civil‐law façade and underlying criminal intent, whereby Patrons, Management, and Supervisors transfer land ownership out of the foundation’s name through a simulated agreement called nominee contracts. The research aims to analyze how these contracts facilitate systemic fraud and to propose a legal framework for holding both individuals and the foundation itself criminally accountable. A doctrinal‐normative method is employed, involving analyses of statutory provisions (Foundation Law, the old and the new Criminal Code), internal regulations, and key court decisions (e.g., Gunung Muria University, Al‐Hilaal Ambon, Morning Star). Findings reveal that nominee agreements consistently conceal intent to defraud, that existing legal provisions are underutilized or applied piecemeal, and that criminal courts have been reluctant to dissolve offending foundations despite clear evidence of strafbaarfeit (criminal act) by the foundation. The main synthesis highlights the necessity of a consistent approach by the law enforcement and the court to interpret nominee‐based transfers as criminal acts to prevent further asset diversion. The study concludes that integrating civil and criminal frameworks, along with strengthening oversight and enabling immediate dissolution of fraudulent foundations, is essential to safeguard public interest and restore trust in the nonprofit sector.

Agus Panahatan Panjaitan; Adi Putra Prajitna; Ade Nugroho; Agung Ramanto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The Child Protection Law affirms that the state guarantees children's rights to “protection from violence” as stipulated in the 1945 Constitution. This paper examines child abuse within the framework of Indonesian positive law using a normative approach and legal philosophy (positivism). The focus of the analysis is to what extent legal norms (such as the Child Protection Law, the Criminal Code, the Domestic Violence Law, etc.) align with the values of justice and children's human rights. A normative approach is used to analyze the laws and legal literature, while the philosophical approach, particularly the positivist ideas of Hans Kelsen and H.L.A. Hart, is employed to understand the relationship between legal norms and the concept of justice. The analysis reveals that although child protection regulations exist, their implementation on the ground tends to be legalistic, often neglecting humanitarian and justice elements. This study emphasizes the need for alignment between legal norms and substantive justice and the protection of children's human rights. The implication of this research is the need for a legal policy that is more responsive to children's rights and justice.

Nadiyatul Khairiah

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Abortion is a contentious legal and moral issue, as it involves two equally important rights: the right to life of the fetus and a woman's right to bodily autonomy and reproductive health. Under Indonesian criminal law, abortion is generally classified as a criminal offense, as stipulated in the Criminal Code (KUHP). However, exceptions are recognized under specific conditions such as medical emergencies and pregnancies resulting from rape, in accordance with Law Number 17 of 2023 on Health. This study aims to examine the legal boundaries between prohibited and permitted abortions and to analyze the challenges of implementing these provisions in practice. The findings indicate that despite the existence of legal exceptions, implementation remains difficult due to complex procedures, limited facilities, and inadequate understanding among law enforcement and health workers. Therefore, clear technical regulations and cross-sectoral education are essential to ensure fair legal protection for both women and medical professionals.

Sandy Ramadhiansyah

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Terrorism is an extraordinary crime that requires extraordinary measures. The Elucidation of Law Number 5/2018 describes that the crime of terrorism is a serious, deliberate, systematic, and planned crime that instills widespread fear. However, the law does not explicitly regulate exceptions to the statute of limitations rendering it subject to the general provisions in the Criminal Code. Under Law 5/2018, terrorism is punishable by death. Consequently if evades after 18 years, the obligation to prosecute is extinguished. In contrast, Law Number 26/2000 concerning Human Rights Courts excludes gross human rights violations like crimes against humanity from statute of limitations provision. Terrorism can be categorized as a crime against humanity. This is because terrorism is a widespread and systematic attack that directly aimed at the civilian population, as formulated in Law 26/2000. However, with both crimes against humanity and terrorism codified in the 2023 Criminal Code along with closing provisions revoking parts of Law 26/2000 and Law 5/2018, raises the question whether these crimes will now be subject to the statute of limitations provision in the 2023 Code. This is certainly not in accordance with both comparative practice in various countries and international law.

Reggita Salsabilla Nur Aulia Putri; Revata Vappa Lazuardi

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The crime of forging a signature is one form of the crime of document forgery. The reasons why a person commits the crime of signature forgery and also the efforts that must be made to overcome the crime of signature forgery can be determined using criminology. Article 263 of the Criminal Code regulates forgery of documents which is punishable by a maximum prison sentence of six years. From the research conducted, to find out the causes of people committing crimes of signature forgery can be done through various approaches, namely strain theory, control theory, and differential association theory. In understanding efforts to overcome the crime of signature forgery, it can be seen from the process of law formation and the social reaction to the crime of signature forgery. The forms of social reaction to the crime of signature forgery determine what preventive measures must be taken. The social reaction of law enforcement to the crime of signature forgery can be achieved through penal or non-penal measures.

Hafita Mutiara Zaharani

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The development of Indonesian criminal law underwent a significant transformation through the enactment of the 2023 Criminal Code, which replaced the Dutch colonial legacy and adopted a humanist-restorative punishment paradigm. This study analyzes the comparison between the Indonesian Criminal Code 2023 and the German Strafgesetzbuch (StGB), particularly in the structure of the main punishment and the purpose of punishment, to evaluate the suitability of the concept with modern judicial practices. The normative research method with a statutory and conceptual approach reveals that the 2023 Criminal Code expands the types of basic punishment, such as imprisonment, closure, supervision, fines, and community service, to diversify punishment that reduces dependence on prisons and supports social reintegration. However, the nominal category-based fine system still has the potential to create economic inequality, in contrast to Germany, which uses a day-fine system that is adjusted to the economic capacity of the offender. While Germany relies on suspended sentences and structured rehabilitation programs, Indonesia still faces challenges in the implementation of alternative punishments such as closure, which lack parameters and practices. Both countries' sentencing objectives emphasize community protection and rehabilitation, but Germany is more mature in its integration of the principle of proportionality, assessment of subjective offender factors, and supporting infrastructure. This research recommends reforming Indonesia's fine system by adopting a day-fine mechanism, developing technical guidelines for alternative punishment, strengthening rehabilitation programs, and harmonizing policies to improve economic justice and the effectiveness of punishment. The findings are expected to be a reference in improving the Criminal Code 2023 before its full implementation in 2026, so that the Indonesian criminal justice system is more responsive, fair, and in line with the values of Pancasila and modern legal principles.

Arifin Andiwewang; Moonti, Roy Marthen; Ahmad, Ibrahim

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 340 of the Indonesian Criminal Code (KUHP) regulates the crime of premeditated murder, which is characterized by the element of “with prior planning”. This element serves as the principal distinction between ordinary murder and premeditated murder. However, in judicial practice, this element is often interpreted inconsistently by judges, potentially resulting in disparities in verdicts and injustice in criminal adjudication. This research aims to restate and clarify the meaning of “prior planning” in Article 340 KUHP to promote a more consistent and fair application of the law. The research employs a normative juridical approach by analyzing a number of court decisions from the Kotamobagu District Court related to premeditated murder cases. The theoretical framework includes sentencing theory as the grand theory, legal interpretation theory as the middle theory, and criminal responsibility theory as the applied theory. The findings reveal inconsistencies in how judges assess the element of “planning”, particularly regarding the psychological state of the perpetrator and the existence of a cooling-down period between intention and execution. Based on these findings, a more explicit and standardized formulation of the term “prior planning” is necessary to ensure proportional legal enforcement, legal certainty, and substantive justice in applying Article 340 KUHP.

Thessa Lonians Marghareta Tentua; Divanny Elisabeth Oktavia Panjaitan; Irma Dwiyanti; Taun Taun

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of society and the increasing complexity of legal relations necessitate the reform of the national criminal law system. This research is motivated by the need to examine the relevance and responsiveness of provisions governing the criminal act of embezzlement in the 1946 Indonesian Criminal Code (Old KUHP) and the 2023 Indonesian Criminal Code (New KUHP). The aim of this study is to analyze the substantive similarities and differences between the two codifications of criminal law, and to assess the extent to which the New KUHP addresses the challenges of modern legal systems. This study employs a normative juridical method using a comparative approach to relevant legislation. The findings reveal that, while both codes share fundamental elements of embezzlement and similar sentencing structures, the 2023 KUHP adopts a more progressive approach. Key reforms include the expansion of legal subjects to include corporations, the adjustment of value thresholds for minor embezzlement, the implementation of more flexible sanctions such as fines, and the strengthening of restorative justice principles. The implications of these findings indicate that the 2023 KUHP is more adaptive to socio-economic dynamics and the needs of a modern criminal justice system. Accordingly, the New KUHP offers a more relevant and contextual legal framework, particularly in addressing embezzlement offenses.

Luthfi Hanif Abdillah

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Maritime piracy in the Gulf of Guinea has become a non-traditional security threat with serious implications for regional stability and global trade. Using a qualitative approach and a case study method, this study analyzes the characteristics, causes, and responses to piracy in the region. The main contributing factors include weak maritime governance, vulnerable socio-economic conditions, and transnational criminal networks. Although several initiatives such as the Yaoundé Code of Conduct and the YARIS system have been implemented, coordination challenges and limited capacity remain significant obstacles. This study emphasizes the importance of a multidimensional approach and cross-border cooperation to achieve sustainable maritime security.

Shelomita Putri Amelia; Elirica Aliyah Irwan Bauw; Muhammad Regan Syahrendra; Ruben Nicholas Alfredo Tobing; Mulyadi Mulyadi

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the ethical and professional dilemmas within the prosecutorial institution, particularly concerning the bribery case involving Prosecutor Pinangki Sirna Malasari. The study focuses on the legal implications and systemic impacts of the ethical violations committed by law enforcement officials. A case study methodology with a qualitative analysis approach was employed, including document reviews, court rulings, and media coverage. The findings indicate that the bribery actions of Prosecutor Pinangki reflect a degradation of integrity and professionalism within the prosecution service, potentially undermining public trust in the criminal justice system. Furthermore, this study identifies gaps in oversight and weak enforcement of internal ethical codes as contributory factors to the violations. The implications of this case extend beyond legal aspects, impacting social and political dimensions, given the central role of the prosecution in upholding the rule of law. The conclusion emphasizes the necessity for comprehensive reforms in recruitment, promotion, and oversight systems within the prosecution service, alongside heightened awareness regarding the importance of professional ethics for every prosecutor. This study recommends strengthening both internal and external control mechanisms and imposing strict sanctions for any ethical violations to restore public trust and maintain the integrity of the prosecutorial institution.

Endang Setiadi Permana; Deny Ernawan; Ade Suparman; Ahmad Burhanuddin

Jurnal Pengabdian dan Perubahan Sosial 2025 Lembaga Pengembangan Kinerja Dosen

The purpose of this activity is to find out how much knowledge the local community in Patimban Village has regarding the internet to avoid fraud on online shopping sites or E-commerce. This Community Service Activity uses a field observation method (direct observation) by visiting people's homes through the distribution of information paper. The results of the activity concluded: first, online fraud is in principle the same as conventional fraud through the use of electronic systems (computers, internet, telecommunications devices) as a criminal act of fraud based on Law Number 11 of 2008 concerning Information and Electronic Transactions. Law enforcement officers often experience difficulties and obstacles in ensnaring perpetrators of fraud; and second, this criminal act of fraud can be charged with Article 378 of the Criminal Code as a criminal act of fraud or Article 28 paragraph (1) of the ITE Law concerning the regulation of the spread of false and misleading news that is detrimental to consumers. Or it can be charged based on both articles at once, namely, 378 of the Criminal Code in conjunction with Article 28 paragraph (1) in conjunction with Article 45 paragraph (1) of Law No. 11 of 2008 concerning fraud and/or ITE crimes.

Siti Rahmawati Djula; Fence M. Wantu; Dian Ekawaty Ismail

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the Reconstruction of Contempt of Court Regulations  in Indonesia. Contempt of court is defined as an act of contempt against the judiciary. In Indonesia, the meaning of contempt of court is only interpreted narrowly so that it is considered less inclusive of all judicial organizers. This type of research is normative legal research with a legislative, conceptual, comparative and case approach. The results of the study are that the position of the contempt of court regulation in Indonesia has been contained in a chapter in the latest Criminal Code, but its application has not been supported by formal procedures. The meaning of contempt of court in Indonesia is only interpreted narrowly, this can be seen in the latest Padal 281 of the Criminal Code which only seems to protect judges, the contempt of court regulation should  also protect all judicial organizers who are directly involved in a judicial process, namely the prosecutor, legal representatives, victims, witnesses, and all trial participants. Next, contempt of court in Indonesia also only accommodates criminal contempt and sets aside civil contempt so that there is no deterrent effect for people, officials and others who do not comply with judicial decisions. Therefore, there is a need for special arrangements related to contempt of court in Indonesia that regulate crimes (criminal contempt) and non-compliance with court orders (civil contempt).

Ismaidar Ismaidar; Muhammad Aldin; August Saut Maringan Sihombing

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corporate crime in the environmental sector is one of the biggest challenges in law enforcement in Indonesia. Companies that pollute or destroy the environment are often difficult to hold criminally liable due to the impersonal nature of their legal entities. This study aims to analyze the effectiveness of law enforcement against corporations that commit environmental crimes and the obstacles faced by law enforcement officials in proving and imposing crimes against corporations. The method used is normative juridical with a legislative approach and case studies. This research found that although there is already a fairly strong legal framework, such as in Law No. 32 of 2009 and the new Criminal Code, implementation in the field is still weak. Some of the inhibiting factors include the difficulty of proving the responsibility structure in the corporation, the lack of investigator capacity, and the influence of economic power from corporations. Therefore, it is necessary to strengthen regulations, apparatus capacity, and corporate criminal accountability mechanisms that are more adaptive and firm.

Fransiska Migiliani Jehula; Heryanto Amalo; Debi F. Ng.Fallo

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to determine the application and considerations of criminal law to the criminal act of car sales fraud committed by members of the Indonesian National Police based on Decision Number 3/Pid.B/2024/Pn Rtg. The research method used is a normative research method. Normative research is a method that focuses on analysis that is conceptualized and developed by examining the rules, norms, and rules related to the problem being researched. The results of the study show that (1) the perpetrator of a crime committed by a member of the police who is a civil servant, the judge imposes a general crime but does not apply a code of ethics hearing, which should be subject to disciplinary sanctions and code of ethics sanctions. (2) The judge in considering a decision should pay close attention to the incriminating matter of the defendant, namely the defendant's actions that are contrary to his work as a law enforcer.

Elisabeth Puji Sri Rejeki; Rudepel Petrus Leo; Rosalind Angel Fanggi

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Obscenity is often defined in the Criminal Code, which is a criminal act that contradicts and violates a person's decency and moral norms, all of which are in the environment of sexual lust. This crime of obscenity can deviate further where this crime of obscenity is committed by the perpetrator and the victim is someone of the same sex in this case the perpetrator is a man and the victim is a man as well or can be called (homosexual). The research method used is empirical juridical research. The results of the study show that the occurrence of same-sex abuse crimes is influenced by several factors, namely sexual orientation factors, psychological factors and science and technology abuse factors and child abuse crimes carried out with law enforcement efforts for crimes in pre-emptive efforts, preventive efforts and repressive efforts. The suggestions submitted include: The role of the family, especially parents, should be further improved in shaping a person's personality must be done from the moment a person is in the process of forming a personality and In order to be able to suppress and break the chain of the crime of same-sex molestation (homosexual) against children, it is necessary to improve the provisions in the Criminal Code and Law No. 23 of 2002 in conjunction with Law No. 35 of 2014 concerning Child Protection, namely by amending criminal penalties For perpetrators of sexual violence against children, it becomes life or the death penalty.

Jekli Tosubu; Robby Waluyo Amu; Ibrahim Ahmad

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The implementation of police discretion in the process of investigating criminal defamation cases shows that discretion is an important instrument for police officers in assessing, determining, and following up on a criminal report based on urgency, public interest, and the principles of proportionality and professionalism. In cases of defamation, which are often subjective and private, discretion allows investigators to consider various factors such as motive, impact, and the possibility of resolution outside the criminal path. Factors Affecting the Implementation of Police Discretion in the Process of Investigating Criminal Defamation Cases show that discretion is not carried out absolutely, but is influenced by various internal and external factors, namely: Legal and Regulatory Aspects, Case Characteristics, Professionalism and Ethics of Investigators, Social and Environmental Pressure, Facilities and Resources. Police Discretion should be regulated more clearly in positive law other than Law Number 2 of 2002 and the Criminal Procedure Code so that the principles of Legal Certainty and Respect for Human Rights are more apparent. Police offices need to provide special facilities such as mediation rooms that are neutral, comfortable, and support the creation of a dialogical atmosphere between the disputing parties. Increasing the number of investigators and managing a more balanced workload will provide space for investigators to consider the discretionary path more seriously without sacrificing work efficiency. The Standard Operating Procedure (SOP) for discretion at the Polres level needs to be adjusted to local socio-cultural characteristics. In Gorontalo, for example, a legal approach that is sensitive to family values and customs must be officially accommodated in work procedures.

Rahmawati Rahmawati; Roy Marthen Moonti; Nurwita Ismail; Muslim A. Kasim

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the criminal liability of debt collectors involved in forcibly seizing motorized vehicles from consumers. Such actions, often conducted by third parties representing finance companies, frequently occur without proper legal procedures and involve violence, coercion, or violations of consumer rights. The study responds to ongoing incidents where debt collectors act with force, while legal enforcement remains insufficient. Utilizing an empirical normative legal approach, the study combines a review of relevant laws—such as the Criminal Code (KUHP), Consumer Protection Law, and Financial Services Authority regulations with field research, including interviews with victims and observations in Kayubulan Village, Limboto Subdistrict, Gorontalo Regency. The findings reveal that debt collectors who repossess vehicles without official documentation, prior notification, or through intimidation may be committing criminal acts under Article 368 of the KUHP (extortion) and Article 335 (unpleasant acts). These actions clearly conflict with legal norms and consumer protection principles. The study recommends that finance institutions strengthen oversight of third-party collectors and ensure all collection activities comply with legal and ethical standards. Additionally, raising public legal awareness is essential, particularly regarding consumer rights and available legal remedies against coercion or unlawful conduct during debt collection. This dual strategy enhancing institutional accountability and empowering consumers aims to bridge the gap between law and practice, ensuring justice and legal protection in financial transactions.