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All Journal Journal of Mathematics Instruction, Social Research and Opinion
Suryawan Raharjho
Janabadra University
Humanities Education Languange, Linguistic, Communication & Media Mathematics Social Sciences

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The Paradox of Economic Criminal Law Enforcement After the New Criminal Code Between Regulatory Progressivity and Impunity for Corruption Guntarwan Indar Wibowo; Suryawan Raharjho; Muh. Syah Quddus
Journal of Mathematics Instruction, Social Research and Opinion Vol. 5 No. 2 (2026): June
Publisher : MASI Mandiri Edukasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58421/misro.v5i2.1386

Abstract

Indonesia's persistent corruption problem, characterized by escalating state losses and structural impunity, raises a critical question: does the 2023 Criminal Code reform genuinely strengthen economic criminal law enforcement, or does it merely produce progressive norms without effective implementation? This study aims to analyze the paradox between the regulatory progressivity of the new Criminal Code and the phenomenon of impunity in economic criminal law enforcement in Indonesia. This research employs a normative juridical method, drawing on a conceptual and legislative approach. Data were collected through literature studies involving primary legal materials (laws and regulations), secondary legal materials (academic books and journal articles), and tertiary legal materials (legal dictionaries and institutional reports from KPK, ICW, and PPATK). Analysis was conducted using prescriptive qualitative techniques, including legal interpretation, the construction of legal arguments, and the critical evaluation of norm consistency. The results show that the new Criminal Code strengthens corporate criminal accountability (Article 45), reinforces the fault principle (Article 36), and expands proportional sentencing as a progressive step in addressing modern economic crimes — including corruption that caused state losses reaching IDR 28.4 trillion in 2023 and IDR 310.61 trillion in 2024. However, a paradox persists: these progressive regulations have not translated into effective enforcement due to structural obstacles, including weak inter-institutional coordination among KPK, police, and prosecutors; the complexity of proving cases involving transnational financial networks; and structural impunity driven by perpetrators' political and economic power. The study recommends strengthening inter-institutional coordination and integrating digital technology in cross-jurisdictional investigations, while calling for further empirical and comparative studies to bridge the gap between legal norms and enforcement.
Disharmony of Criminal Norms in Accountability for Illegal Skincare Distribution in Digital Marketplaces Lulut Dyah Wardani; Suryawan Raharjho
Journal of Mathematics Instruction, Social Research and Opinion Vol. 5 No. 3 (2026): September
Publisher : MASI Mandiri Edukasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58421/misro.v5i3.1652

Abstract

The rapid growth of digital marketplaces in Indonesia has intensified the circulation of illegal skincare products, posing public health risks and undermining criminal enforcement. Prior studies focus mainly on civil and administrative consumer protection, leaving criminal norm disharmony underexplored. This study analyzes criminal norm construction, identifies normative disharmony, and reconstructs criminal liability for illegal skincare distribution in digital marketplaces. A normative juridical approach was applied through statutory, conceptual, and case-based analysis of primary, secondary, and tertiary legal materials. Findings reveal that criminal norms remain partial and sectoral, producing norm conflicts, overlapping regulations, and regulatory gaps—particularly concerning digital platform intermediaries and anonymous perpetrators. Normative disharmony is the primary obstacle to effective law enforcement. Reconstructing criminal liability through expanded legal subjects, corporate criminal liability, limited strict liability, and regulatory harmonization across the Health Law, Consumer Protection Law, and ITE Law is essential to strengthen legal certainty and consumer protection.
Reconstruction of Restorative Justice Policy in Enforcing DIY Regional Regulation Number 2 of 2017 Based on the Principles of Proportionality Oktora Wahyu Wijayanto; Suryawan Raharjho
Journal of Mathematics Instruction, Social Research and Opinion Vol. 5 No. 3 (2026): September
Publisher : MASI Mandiri Edukasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58421/misro.v5i3.1655

Abstract

Law enforcement of DIY Regional Regulation Number 2 of 2017 remains dominated by a repressive, legalistic approach that overlooks substantive justice. Despite the growing application of restorative justice in Indonesia's criminal law system, its integration into regional administrative law enforcement has not been systematically developed, creating a normative gap. This study aims to formulate a reconstruction of restorative justice policy based on the principle of proportionality in the enforcement of regional regulations. Using a normative juridical method with statutory, conceptual, and analytical approaches, this study analyzes primary and secondary legal materials through qualitative interpretation and prescriptive argumentation. Findings reveal that restorative justice remains implicit and non-institutionalized in regional administrative law, while the principle of proportionality has not been optimally applied. The proposed reconstruction integrates dialogue mechanisms, administrative mediation, and proportionality-based parameters as a non-judicial resolution model. This study contributes a normative framework for more adaptive, humanistic law enforcement and strengthens the legitimacy of regional government policy.
Co-Authors Guntarwan Indar Wibowo Lulut Dyah Wardani Muh. Syah Quddus Oktora Wahyu Wijayanto