176 research outputs found
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Appointment of Notaries under Indonesian and Singaporean Law: Pengangkatan Notaris dalam Hukum Indonesia dan Singapura
No full textGeneral Background: Notaries play a vital role in society by providing legal certainty through authentic deeds. Specific Background: However, their status and appointment processes vary significantly depending on the legal system of a country. Knowledge Gap: There is limited comparative analysis regarding the appointment of notaries in civil law countries like Indonesia and common law countries like Singapore. Aims: This study aims to analyze and compare the legal frameworks governing the appointment of notaries in Indonesia and Singapore, highlighting their differences, similarities, strengths, and weaknesses. Results: The findings reveal significant differences in the appointment process, requirements, and supervisory authority. In Indonesia, notaries are appointed by the Minister of Law and Human Rights based on Law No. 2 of 2014, while in Singapore, the appointment is conducted by the Senate of the Singapore Academy of Law under the Notaries Public Act Chapter 208. Novelty: This study offers a focused comparative analysis of notarial appointment processes within two distinct legal traditions—civil law and common law—which is rarely addressed in previous literature. Implications: The results provide practical insights for legal practitioners and policymakers in Indonesia and offer considerations for improving the notarial appointment system in line with global best practices.
Highlights:
Highlights the structural differences in notary appointments between Indonesia and Singapore.
Reveals the impact of legal traditions (civil vs. common law) on notarial authority.
Provides insights to improve Indonesia’s notarial appointment process.
Keywords: Notary Appointment, Comparative Law, Civil Law, Common Law, Legal Syste
Optimizing the Enforcement of Asset Forfeiture as an Additional Penalty for Corruption Offenders to Recover State Losses: Optimalisasi Penerapan Pidana Tambahan Perampasan Aset terhadap Koruptor sebagai Upaya Pemulihan Kerugian Negara
No full textCorruption continues to generate substantial state losses in Indonesia, while enforcement strategies still prioritize imprisonment over effective asset recovery, leaving illicit proceeds beyond the reach of the state. This study aims to evaluate the legal framework and enforcement barriers of asset forfeiture as an additional penalty for corruption and to assess the reform potential of non-conviction based asset forfeiture for accelerating recovery of state losses. Using a normative juridical design, the research applies statutory and conceptual approaches through systematic analysis of the Indonesian Criminal Code, anti-corruption legislation, anti-money laundering provisions, and the Draft Law on Asset Forfeiture of Criminal Acts. The study finds that although asset forfeiture is legally recognized, implementation remains weak due to integrity deficits in law enforcement, fragmented legal instruments, and limited operational effectiveness in tracing and confiscating proceeds of corruption. As a result, asset recovery outcomes are frequently suboptimal and deterrence effects are diluted. The key novelty is the policy argument that a comprehensive non-conviction based asset forfeiture regime, as advanced in the draft legislation, can enable confiscation of illicit assets even when criminal conviction is unattainable, thereby closing enforcement gaps that conventional conviction-based forfeiture cannot address. The findings imply that legal reform should institutionalize non-conviction based asset forfeiture alongside stronger due process safeguards, interagency coordination, and anti-money laundering alignment to improve corruption deterrence and measurably increase recovery of state losses.
Highlights:
Current forfeiture enforcement gaps sharply limit corruption asset recovery and state loss restitution.
Non-conviction based forfeiture enables confiscation when prosecution fails through death, flight, or absconding.
Comprehensive forfeiture legislation strengthens due process, interagency coordination, and corruption deterrence outcomes
Keywords: Non-Conviction Based Forfeiture, Asset Recovery, Corruption Deterrence, Financial Crime Governance, Anti-Money Laundering, Legal Refor
Criminal Law Enforcement Corruption Against State-Owned Enterprises After The Enactment of The SOE Law In 2025
No full textGeneral Background: State-Owned Enterprises (SOEs) play a strategic role in Indonesia’s welfare-state framework but remain highly vulnerable to corruption, particularly due to long-standing ambiguities in the legal status of SOE assets. Specific Background: The enactment of Law No. 1 of 2025 and Law No. 16 of 2025 fundamentally redefines SOEs as pure corporate entities by separating SOE assets from state finances and adopting the Business Judgment Rule (BJR). Knowledge Gap: Despite these reforms, there is limited scholarly clarity on how corruption law enforcement should be applied to SOEs after 2025, especially in distinguishing business risk from criminal abuse of authority. Aims: This study analyzes the direction and implications of corruption law enforcement against SOEs following the 2025 SOE Law. Results: Using a normative legal method and case-based analysis of the LPEI, PT BRI, and PT Perindo cases, the study finds that SOE accountability may shift to the public domain when losses arise from conflicts of interest or abuse of authority, thereby nullifying BJR protection. Novelty: This research is among the first to systematically examine corruption enforcement under the post-2025 SOE legal regime using recent cases. Implications: The findings emphasize the need for clear enforcement guidelines to prevent the misuse of BJR while ensuring legal certainty and effective anti-corruption measures in SOEs.
Highlights:
Asset Separation: SOE assets are legally distinguished from state finances, altering the basis for determining public financial loss.
BJR Limitation: The Business Judgment Rule protects good-faith decisions but does not apply where conflicts of interest or abuse of authority exist.
Enforcement Direction: Corruption law remains applicable to SOEs when corporate governance failures shift accountability to the public domain.
Keywords: State-Owned Enterprises, Corruption Law Enforcement, Business Judgment Rule, Corporate Accountability, Legal Refor
Police Strategy to Tackle the Crime of Online Fraud: Strategi Kepolisian Menanggulangi Tindak Pidana Penipuan Online
No full textGeneral Background: Social media fraud is increasingly prevalent in the digital era, causing public concern and economic losses. Specific Background: Serdang Bedagai Regency in Indonesia is particularly vulnerable due to various local contributing factors. Knowledge Gap: In-depth studies analyzing the causes, criminal modus operandi, and local law enforcement responses to social media fraud from a criminological perspective remain limited. Aims: This study aims to examine the factors contributing to social media fraud in Serdang Bedagai, identify the perpetrators' methods, and evaluate the countermeasures taken by the Serdang Bedagai Police Resort. Results: The findings reveal that fraud is driven by economic hardship, a consumerist culture, limited digital literacy, a lack of public caution, and weak governmental oversight. The common fraud schemes include fake online loans, deceptive e-commerce transactions, and fictitious prize giveaways. The local police implement both penal approaches (criminal law enforcement) and non-penal strategies (preventive, cooperative, and educational efforts) to address the issue. Novelty: This study uniquely integrates a criminological framework with a normative juridical method, offering a localized analysis of digital fraud and its law enforcement responses. Implications: The results inform the development of community-based cybersecurity policies and enhance the effectiveness of digital crime prevention and prosecution in vulnerable regions.
Highlights:
Highlights localized factors influencing digital fraud in Serdang Bedagai.
Identifies specific criminal schemes and police countermeasures.
Offers a criminological and juridical perspective for policy formulation.
Keywords: Social Media Fraud, Criminology, Law Enforcement, Digital Literacy, Cybercrime Prevention
 
Substantive Justice in Law Enforcement against Nominee Account Crimes from the Perspective of Aristotle and H.L.A. Hart's Philosophy: Keadilan Substantif dalam Penegakan Hukum terhadap Kejahatan Akun Nominee dalam Perspektif Filsafat Aristoteles dan H.L.A. Hart
No full textGeneral Background: The rapid development of financial systems and information technology has intensified complex economic crimes, including the misuse of nominee accounts to conceal beneficial ownership. Specific Background: In Indonesia, law enforcement often remains trapped in formalistic approaches that focus on nominal account holders, overlooking substantive perpetrators behind nominee structures. Knowledge Gap: This condition reveals a gap between formal legal responsibility and substantive justice, where moral culpability and true control over assets are insufficiently addressed in positive law enforcement practices. Aims: This study aims to analyze the application of substantive justice in handling crimes involving nominee accounts through the philosophical perspectives of Aristotle and H.L.A. Hart. Results: Using a normative-juridical and philosophical approach, the study finds that effective law enforcement should assess legal responsibility based on actual control, intent, and benefit, rather than mere formal ownership. Novelty: By integrating Aristotle’s concepts of distributive and corrective justice with Hart’s theory of legal rules and moral reasoning, this study offers a synthesized philosophical framework for penetrating legal formalism in nominee-related crimes. Implications: The findings imply the need for a paradigm shift in Indonesian law enforcement toward substantively just, morally grounded, and proportionate accountability to ensure that law functions as an instrument of genuine justice rather than procedural compliance alone.
Highlights:
Emphasizes the need to move beyond formal ownership toward identifying the true beneficial owner in nominee-based crimes.
Integrates classical moral philosophy and modern legal theory to strengthen substantively just law enforcement.
Highlights the urgency of reforming Indonesian legal practices to align legal certainty with moral accountability.
Keywords: Substantive Justice, Nominee Accounts, Legal Formalism, Aristotle, H.L.A. Har
Criminal Liability for Child Grooming Operational Patterns in Mobile Legends Online Gaming
No full textGeneral Background—The rapid expansion of digital interactive spaces has intensified risks of non-physical sexual violence against children, particularly through online gaming platforms; Specific Background—Mobile Legends, one of Indonesia’s most popular multiplayer games, offers communication features that have been exploited by perpetrators to conduct child grooming through gradual trust-building and manipulation; Knowledge Gap—Indonesian criminal law does not explicitly regulate child grooming as a standalone offense, creating uncertainty in attributing criminal liability at pre-physical stages; Aims—This study analyzes the criminal liability of child grooming perpetrators operating through Mobile Legends within the framework of Indonesian law; Results—Using a normative juridical method, the study finds that perpetrators’ actions satisfy the elements of actus reus and mens rea under existing statutes, including child protection, electronic information, and sexual violence laws, even without physical contact; Novelty—The research integrates criminal liability theory with empirically identified grooming patterns in online gaming environments, emphasizing accountability at the preparatory and psychological manipulation stages; Implications—The findings suggest that while current laws can substantively address digital child grooming through systematic interpretation, effective enforcement requires enhanced digital forensic capacity, child-centered reporting mechanisms, and stronger collaboration with game platform providers to ensure comprehensive child protection in the digital era.
Highlights:
Digital Modus Operandi — Child grooming in Mobile Legends occurs through staged psychological manipulation using in-game and external communication features.
Legal Accountability — Even without physical contact, grooming actions fulfill actus reus and mens rea under Indonesian child protection, ITE, and TPKS laws.
Regulatory Urgency — The absence of explicit grooming provisions highlights the need for clearer norms and stronger digital law enforcement mechanisms.
Keywords: Child Grooming, Online Gaming, Criminal Liability, Digital Sexual Violence, Indonesian La
Criminal Law Enforcement against Illegal Gold Mining (Study of Decision No. 153/Pid.Sus/2023/PN.Mdl): Penegakan Hukum Pidana terhadap Pertambangan Emas Ilegal (Studi Putusan No. 153/Pid.Sus/2023/PN.Mdl)
No full textGeneral Background: Illegal gold mining has long served as a vital economic lifeline for communities in Lingga Bayu District, Mandailing Natal Regency. Specific Background: Despite its deep-rooted presence and socio-economic significance, such mining activities persist without formal governmental authorization, creating tension between legal norms and community livelihoods. Knowledge Gap: Existing legal enforcement often emphasizes punitive action, yet overlooks the structural socio-economic challenges faced by traditional miners. Aims: This study examines the implementation of criminal law enforcement against illegal gold mining and evaluates the fairness and justice outcomes of Decision Number 153/Pid.Sus/2023/PN Mdl by the Mandailing Natal District Court. Results: Findings indicate that while law enforcement adheres to normative legal standards and ensures legal certainty, it falls short in delivering substantive justice and long-term legal benefits for local miners. Novelty: The study highlights the misalignment between repressive legal mechanisms and the socio-cultural realities of community-based mining practices, advocating for a shift from a purely legalistic approach to one that is humanistic and transformative. Implications: The research suggests a need for integrative legal reform, including affirmative policies for people's mining legalization, to achieve holistic and sustainable justice for marginalized mining communities.
Highlights:
Highlights the gap between legal enforcement and local socio-economic realities.
Critiques the repressive nature of criminal law against traditional miners.
Proposes a transformative and inclusive legal reform model.
Keywords: Illegal Mining, Law Enforcement, Community Justice, Court Decision, Humanistic Approac
Legal Liability for Violations of Outsourced Workers’ Rights in Indonesia from the Perspective of Comparative Joint Liability Principles in Spain and the Philippines: Pertanggungjawaban Hukum atas Pelanggaran Hak Pekerja Outsourcing di Indonesia dalam Perspektif Perbandingan Prinsip Joint Liability di Spanyol dan Filipina
No full textGeneral Background: The widespread adoption of outsourcing in Indonesia aims to enhance corporate flexibility and efficiency. Specific Background: Despite comprehensive regulation under UU 13/2003, UU 6/2023, and PP 35/2021, outsourced workers frequently experience violations of fundamental rights due to unclear allocation of legal responsibilities between outsourcing providers and user companies. Knowledge Gap: Existing Indonesian regulations place full liability solely on outsourcing companies, leaving limited legal remedies when providers fail to fulfil obligations, unlike countries applying joint liability. Aims: This study analyzes Indonesia’s legal framework on outsourced workers’ rights and compares it with the joint liability principles adopted in Spain and the Philippines. Results: Findings indicate that Indonesia’s system creates structural protection gaps, while Spain and the Philippines impose solidary responsibility on both provider and user companies, ensuring stronger enforcement of wages, social security, and working conditions. Novelty: This research provides a comparative legal perspective demonstrating how joint liability can operate as an equitable mechanism for outsourced worker protection. Implications: Adoption of joint liability in Indonesia could enhance legal certainty, prevent responsibility evasion, and strengthen workers’ access to remedies, offering a policy alternative for future legislative reform.
Highlights:
Indonesia’s current framework places full responsibility on outsourcing providers, creating protection gaps.
Spain and the Philippines strengthen worker rights through solidary (joint) liability between providers and user companies.
Joint liability offers a viable reform option to enhance fairness and legal certainty for outsourced workers in Indonesia.
Keywords: Outsourcing, Legal Liability, Joint Liability, Worker Protection, Comparative Labor La
Comparative Legal Analysis of Indonesian and South Korean Consumer Protection in Cosmetic Safety Regulations
Full text linkGeneral Background: The rapid growth of the cosmetics industry and new product innovations challenge businesses to remain competitive while meeting consumer expectations and legal standards. Specific Background: Given their direct application to the human body, cosmetic product safety is crucial, as non-compliance can pose health risks. Knowledge Gap: Despite existing regulations, hazardous cosmetic products still circulate. Understanding the production limits of business actors is essential to ensure consumer safety.Aims: This research uses normative legal analysis to compare cosmetic safety regulations in Indonesia and South Korea, focusing on consumer protection through comparative, statutory, and case approaches. Results: Both countries incorporate consumer protection principles in their cosmetic regulations. However, South Korea is more advanced with specific cosmetic laws. Novelty: The study presents a comparative analysis of cosmetic safety laws in Indonesia and South Korea, supported by international references. Implications: The findings offer insights into regulatory frameworks and suggest Indonesia adopt a more specific law, akin to South Korea’s Cosmetics Act, to improve consumer safety standards.
Highlights:
South Korea’s Cosmetics Act offers a more specific and advanced regulatory model.
Unsafe cosmetics still circulate in Indonesia despite existing laws.
Comparative legal analysis reveals the need for regulatory reform in Indonesia.
Keywords: Comparative Law, Consumer Protection, Cosmetic, Regulation, Safety Standards
 
Strengthening the Role of the Corruption Eradication Commision (KPK) in Preventing Corruption through the Illicit Enrichment Approach in LHKPN Reporting: Penguatan Peran KPK dalam Pencegahan Tindak Pidana Korupsi melalui Pendekatan Illicit Enrichment pada Pelaporan LHKPN
No full textGeneral Background: Corruption remains a persistent systemic problem in Indonesia, prompting preventive strategies centered on transparency and accountability of public officials. Specific Background: The Corruption Eradication Commission (KPK) administers the State Officials’ Wealth Report (LHKPN) as a preventive instrument; however, its implementation is weakened by low compliance, data inaccuracy, and the absence of stringent sanctions. Knowledge Gap: Although Indonesia has ratified the United Nations Convention against Corruption (UNCAC), the Illicit Enrichment mechanism mandated therein has not been substantively integrated into the national legal framework to reinforce LHKPN. Aims: This study examines the prospects of incorporating the Illicit Enrichment concept into Indonesian regulations to strengthen LHKPN as an effective tool for corruption prevention. Results: The findings indicate that adopting Illicit Enrichment could enhance substantive verification of LHKPN, ensure accountability of asset disclosures, and provide a legal basis for follow-up actions against unexplained wealth. Novelty: This study offers a focused legal analysis linking Illicit Enrichment directly to the strengthening of LHKPN as a preventive mechanism rather than solely as a punitive tool. Implications: Regulating Illicit Enrichment in Indonesia would bolster the preventive mandate of the KPK, improve asset transparency, and contribute to more effective corruption deterrence through enhanced legal certainty and enforcement.
Highlights:
LHKPN remains a central preventive instrument but is weakened by low compliance and weak sanctions.
Illicit Enrichment offers a legal mechanism to address unexplained wealth and strengthen accountability.
Integrating Illicit Enrichment can enhance the KPK’s preventive and supervisory effectiveness.
Keywords: Corruption Prevention, Illicit Enrichment, LHKPN, Asset Transparency, KP