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All Journal Journal Customary Law Siber Nusantara of Law and Politic Review (SNLPR)
Dwi Kusumo Wardhani
Borobudur University, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Problematic of Bankruptcy Offenses in Affirming the Parameters Between Business Failure and Fraudulent Bankruptcy in Indonesia Lalu Bayu; Dwi Kusumo Wardhani
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5786

Abstract

Bankruptcy criminal offenses are legal instruments that function to maintain trust in economic activities and to protect the interests of creditors from fraudulent acts by debtors. In the Indonesian legal system, regulations concerning bankruptcy are related to Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, which is oriented towards civil and procedural aspects, as well as the National Criminal Code through Law Number 1 of 2023, which links criminal liability to bankruptcy conditions, including for business actors and corporations. Nevertheless, these regulations still give rise to fundamental problems in the form of a normative gap regarding the absence of clear parameters to distinguish between legitimate business failure and bankruptcy involving elements of fraud. This normative gap has implications for legal uncertainty in determining the limits of criminal liability, and it has the potential to lead to the criminalization of entrepreneurs acting in good faith or to suboptimal law enforcement against fraudulent acts in bankruptcy. This research aims to (1) analyzing the normative gaps in the regulation of criminal bankruptcy offenses related to the distinguishing parameters between business risk and criminal acts, as well as (2) Studying the concept of reforming bankruptcy criminal offenses in a fair manner within the Indonesian legal system. The research method used is normative juridical with a statutory approach and a conceptual approach. Therefore, it is necessary to add and reinforce regulations regarding indicators of bad faith as well as distinguishing parameters between business failure and fraudulent bankruptcy, accompanied by the development of an adaptive and proportional law enforcement mechanism, in order to realize legal certainty and justice within the bankruptcy legal system.
Reconstruction of the Business Legal System in Encountering the Complexity of Maritime Goods Distribution Disputes Including Business Competition, Transportation Responsibility and Problematic Receivables Le Nie; Dwi Kusumo Wardhani
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5806

Abstract

The study aims to analyze and reconstruct the business legal system in addressing the complexity of maritime goods distribution disputes in Indonesia, involving aspects of business competition, transportation liability, and problem receivables. The research employs a normative juridical approach, combining statutory and conceptual perspectives through a review of norms in the Civil Code, the Commercial Code, and Law Number 5 of 1999 regarding the Prohibition of Monopolistic Practices and Unfair Business Competition. The results indicate disharmony and conflicting norms between legal regimes, leading to legal uncertainty and weak protection for business actors, particularly distributors in the maritime distribution chain. Empirical issues such as violations of distribution areas, price wars, damage to goods by porters, and problem receivables with disproportionate payment schemes demonstrate that existing law is not yet adaptive to modern business practices. Therefore, an integrative reconstruction of the business legal system is necessary through regulatory harmonization, which strengthens the principles of justice and legal certainty, and establishes a regulatory model capable of accommodating the interrelationships between contracts, transportation, business competition, and financing
Legal Gaps in Regulation and Criminal Liability for the Use of Personal Mobility Devices on Sidewalks and Roads Sapta Eka Yanto; Dwi Kusumo Wardhani
Siber Nusantara of Law and Politic Review Vol. 2 No. 1 (2026): Siber Nusantara of Law and Politic Review (October 2025 - March 2026 )
Publisher : Siber Nusantara Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/snlpr.v2i1.723

Abstract

The development of micro-transportation technology has given rise to Personal Mobility Devices (PMDs) as a new mode of mobility increasingly used in public spaces, both on sidewalks and on roads. The presence of PMDs raises legal issues because the Indonesian traffic law system does not yet provide clear and comprehensive regulations regarding the status, usage space, and criminal liability mechanisms for users. Law Number 22 of 2009 concerning Traffic and Road Transportation still relies on conventional vehicle classifications, placing PMDs in a normative area that is not explicitly addressed. The condition creates legal uncertainty, difficulty in enforcement, and potential violations of the safety of pedestrians and other road users. This study aims to analyze the nature of the legal vacuum in PMD regulations, examine the weaknesses of the applicable criminal liability construction, and formulate the need for more adaptive traffic law reform. The research method employed is normative legal research with statutory, conceptual, and comparative legal approaches. A comparative analysis was conducted on PMD regulations in Singapore, the United Kingdom, Germany, and France to identify a proportional and safety-oriented regulatory model. The results reveal that a purely repressive approach through criminal law is ineffective when applied to PMDs and risks excessive criminalization. This study recommends reforming traffic law through special regulations on Personal Mobility Devices (PMD) that prioritize administrative and preventive approaches, along with selective criminal sanctions to ensure legal certainty and public safety.
Co-Authors Lalu Bayu Le Nie Sapta Eka Yanto