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

Criminal Responsibility for Police Officers as Narcotics Dealers

2025-06-04T02:09:48+00:00

General Background: The involvement of law enforcement officers in drug trafficking poses a serious threat to the credibility and integrity of the police institution. Specific Background: While the general public is subject to strict legal consequences for narcotics distribution, the role of police officers as offenders introduces a complex dynamic in the enforcement of narcotics law. Knowledge Gap: Existing studies often overlook the mechanisms and accountability processes specific to police officers involved in such crimes. Aim: This study aims to examine the legal regulations, legal procedures, and criminal liability applied to police officers who act as drug dealers.
Results: Using a normative juridical method, the findings reveal that police officers are held criminally accountable under the Narcotics Law, without exception or special treatment. Legal proceedings are conducted in general courts, and offending officers are typically suspended and risk dishonorable discharge (PTDH) for institutional damage. Novelty: The research highlights the internal disciplinary implications in addition to formal legal sanctions, emphasizing institutional accountability. Implications: The study suggests the imposition of severe sanctions against offending officers to preserve public trust and institutional integrity, and to serve as a deterrent against abuse of authority in narcotics crimes.

Highlights:

Police officers face the same legal process as civilians for narcotics crimes.
Offending officers are subject to suspension and possible dishonorable discharge.
Harsh sanctions are essential to uphold public trust in law enforcement.

Keywords: Criminal Liability, Police Officer, Drug Trafficking, Narcotics Law, Institutional Integrity

Police Strategy to Tackle the Crime of Online Fraud

2025-06-04T02:37:52+00:00

General 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

Model of Paranormal Testimony as Evidence in the Crime of Witchcraft from the Perspective of Legal Certainty

2025-06-26T04:18:20+00:00

General Background: The criminalization of black magic presents complex challenges at the intersection of law, culture, and religion. Specific Background: Article 252 of Indonesia's National Criminal Code regulates black magic based on claims of supernatural power, punishable by imprisonment or fines. Knowledge Gap: However, there is limited clarity on the role of paranormal witnesses in the evidentiary framework of such crimes, particularly from the perspective of legal certainty. Aims: This study aims to design a model for utilizing paranormal witnesses as supporting evidence in black magic cases. Results: Employing a sociolegal method with legislative and conceptual approaches, supplemented by interviews with East Java Regional Police investigators and religious figures, findings reveal that scientific investigation methods are prioritized over paranormal testimony. In Islamic law, proving black magic requires confession, valid witness testimony, or strong qarinah, with input from ruqyah experts serving only as reinforcement. Novelty: The study introduces a model that aligns with Article 184(1) Jo. 183 of the Criminal Procedure Code, positioning paranormal testimony as non-autonomous, corroborative evidence. Implications: The research proposes establishing a certified paranormal association to ensure formal legality and regulated participation in criminal investigations involving supernatural claims.

Highlights:

Legal evidence for black magic relies on scientific and sharia-valid proof.
Paranormal testimony serves only as supporting (non-primary) evidence.
Certified paranormal associations are proposed for formal legal legitimacy.

Keywords: Paranormal Witness, Evidence, Witchcraft Crime, Legal Certainty

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

Simple, Swift, and Low Cost Judiciary in Handling Environmental Crimes by Corporations through Deferred Prosecution Agreement

2025-06-27T05:59:57+00:00

General Background: Indonesia's criminal justice system aspires to uphold the principles of simplicity, swiftness, and cost-efficiency. Specific Background: However, these ideals remain inadequately realized, particularly in addressing environmental crimes perpetrated by corporations—cases often burdened by protracted processes and limited effectiveness in restoring state losses. Knowledge Gap: Conventional legal approaches have failed to achieve significant restitution, signaling a need for alternative mechanisms. Aims: This study examines the potential application of the Deferred Prosecution Agreement (DPA) framework as a tool to actualize a more efficient judiciary in prosecuting corporate environmental offenses. Results: Using a normative juridical method with statutory and comparative approaches, the study finds that the DPA offers a concrete, legally feasible means of pursuing compensation while streamlining judicial procedures. Novelty: The research introduces the concept of DPA into Indonesia’s legal discourse as an innovative, non-traditional solution for environmental crime cases involving corporate actors. Implications: The adoption of DPA mechanisms, accompanied by normative and institutional adjustments, could significantly enhance Indonesia's judicial efficiency and environmental accountability frameworks.

Highlights:

Promotes judicial principles of simplicity, speed, and cost-efficiency.
Offers innovative restitution for environmental damage by corporations.
Requires legal and institutional adaptation for implementation in Indonesia.

Keywords: Expedited Justice, Simplicity, Low-Cost Proceedings, Environmental Pollution, Deferred Prosecution Agreement

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

The Validity of Eigendom Land Transitioning to Certificate of Building Rights Without Administration from the Village Head

2025-06-10T02:04:23+00:00

General Background: Land conversion is a crucial legal process in Indonesia's agrarian reform. Specific Background: The enactment of the 1960 Agrarian Law (UUPA) mandated the conversion of colonial land rights, including Eigendom, into the national land tenure system such as Sertifikat Hak Guna Bangunan (SHGB). Knowledge Gap: However, limited studies examine the legal implications when such conversions occur without formal administrative support from local authorities. Aims: This study investigates the legality of Eigendom land conversion into SHGB in the absence of administrative validation from the village head. Results: Using a normative juridical method and statutory interpretation, the study finds that the absence of administrative verification, particularly from the village head as the provider of land status information, undermines the legal validity of the SHGB conversion despite the presence of ownership evidence. Novelty: This research uniquely highlights the critical but often overlooked procedural role of local administrative involvement in legitimizing land rights transformation. Implications: The findings underscore the necessity of integrating formal administrative procedures to ensure legal certainty, minimize disputes, and strengthen public trust in land registration practices within Indonesia’s agrarian legal framework.

Highlights:

Highlights the legal impact of missing village administration in land conversion.
Emphasizes the role of UUPA in transitioning colonial land rights.
Stresses the need for administrative procedures to ensure validity.

Keywords: Administration, Eigendom, Transition, Validity.