Rechtsidee

A Proportional Sentencing Norms for Accomplices in Indonesian Corruption Cases

2025-05-16T07:35:10+00:00

General Background: Corruption is an extraordinary crime requiring effective legal measures. Specific Background: In Indonesia, accomplices in corruption crimes receive the same punishment as principal offenders, raising concerns about fairness. Knowledge Gap: Current laws do not differentiate culpability levels, leading to potential injustices. Aims: This study examines the proportionality of sentencing norms for accomplices in corruption cases. Results: Findings show that equal sentencing contradicts proportional justice and creates legal inconsistencies. Novelty: The study highlights conflicts between the Anti-Corruption Law and the Criminal Code, advocating for reform. Implications: Policy adjustments are needed to align sentencing with justice principles, ensuring fairness in anti-corruption enforcement.

Highlights:

Unequal Punishment: Accomplices receive the same sentence as principal offenders, raising fairness concerns.
Legal Inconsistency: The Anti-Corruption Law conflicts with the Indonesian Criminal Code on culpability.
Policy Reform Needed: Sentencing should align with proportional justice to ensure fairness in law enforcement.

Keywords: Proportionality, Accomplices, Offence

Comparative Legal Analysis of Indonesian and South Korean Consumer Protection in Cosmetic Safety Regulations

2025-05-25T06:32:51+00:00

General 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

Reconstructing the Requirements for an Incumbent Candidacy to Achieve Fair dan Democratic Regional Elections

2025-03-21T03:37:08+00:00

General Background: Regional elections play a crucial role in democratic governance, ensuring public participation in leadership selection. However, fair electoral competition is often challenged by the undue advantage of incumbent candidates. Specific Background: Indonesia’s Law No. 10 of 2016 permits incumbent regional heads to take a leave of absence during elections rather than resigning, raising concerns about potential abuse of power. Knowledge Gap: While existing studies discuss election regulations, limited research has specifically examined the urgency of mandatory resignation for incumbents seeking re-election. Aims: This study evaluates the fairness of incumbent candidacy requirements and proposes legal reforms to prevent electoral manipulation. Results: The analysis reveals that the leave requirement is insufficient to prevent conflicts of interest, as incumbents retain influence over state resources, policies, and personnel. Comparative legal frameworks from other countries suggest that a resignation mandate can enhance electoral integrity. Novelty: This research uniquely emphasizes the necessity of reconstructing candidacy rules to include mandatory resignation, drawing on constitutional principles of fairness and equality. Implications: The findings advocate for legislative amendments to establish a resignation requirement for incumbents, thereby strengthening democratic processes and ensuring a more equitable electoral system.

Highlights:

Incumbent Advantage: Allowing leave instead of resignation enables unfair use of state resources.
Legal Reform Needed: Mandatory resignation ensures equal competition in elections.
Democratic Integrity: Strengthening regulations prevents power abuse and promotes fairness.

Keywords: Regional Head, Elections, Incumbent Candidacy, Reconstruction