Article Per Year (5 Year)
p-Index From 2021 - 2026
0.562
P-Index
This Author published in this journals
All Journal Journal Customary Law
Lucky Ferdiles
Borobudur University, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
A Qualitative Study on Corporate Criminal Liability in Criminal Offenses in Jakarta Waters (An Analysis of Pollution, Smuggling, and Illegal Fishing Cases) Iman Sholikin; Lucky Ferdiles
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.v3i3.1.5805

Abstract

This study aims to examine corporate criminal liability in various criminal offenses occurring in the waters of Jakarta, particularly cases of marine pollution, smuggling, and illegal fishing. Crimes in the maritime sector increasingly indicate the involvement of corporations, causing not only economic losses but also environmental damage and threats to state sovereignty. However, law enforcement against corporations still faces various challenges, both normative and practical. This research employs a qualitative method with an empirical juridical approach, using case studies, legal document analysis, and interviews with relevant stakeholders. The findings reveal that corporate criminal liability has not been optimally implemented due to difficulties in evidentiary processes, weak coordination among law enforcement agencies, and the absence of clear standards in determining corporate fault. Furthermore, there is a tendency for law enforcement to focus more on individual perpetrators rather than corporations as legal subjects. Therefore, strengthening regulations, enhancing the capacity of law enforcement officials, and harmonizing policies are necessary to improve the effectiveness of criminal law enforcement against corporations in the waters of Jakarta.
Reform of the Administrative Sanctions System for Violations of Downstreaming Obligations by Mining Business Permit Holders Frans Irawan; Lucky Ferdiles
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.v3i3.1.5809

Abstract

This study aims to analyze and reconstruct the administrative sanctions system for enforcing downstreaming obligations in the mineral and coal mining sector, based on Article 33 of the 1945 Constitution and the provisions of Law Number 3 of 2020 and Law Number 6 of 2023. The research method used is a normative juridical approach, with a statutory and conceptual perspective. The results indicate that although downstreaming obligations have been formulated imperatively through the provisions of Article 103 and Article 170 of the Mineral and Coal Mining Law, the existing administrative sanctions system is ineffective due to normative weaknesses such as unclear violation parameters, the lack of measurable success indicators, and the broad discretion of administrative officials. Empirically, weak oversight, inconsistent enforcement of sanctions, and tolerance for violations have created a gap between legal norms and their implementation in the field. Therefore, it is necessary to reconstruct the administrative sanctions system through the implementation of tiered sanctions, the imposition of administrative fines based on state losses, the strengthening of technology-based oversight systems, and the harmonization of regulations between sectors to increase the effectiveness of law enforcement and encourage the success of downstreaming as an instrument of national economic development.
Problems of Proving and Confiscating Crypto Assets Proceeding from Money Laundering Crimes by the Prosecutor's Office in the Indonesian Criminal Justice System Emil Brunner; Lucky Ferdiles
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.v3i3.1.5811

Abstract

This study aims to analyze the challenges of proving and confiscating crypto assets in money laundering crimes and to formulate an adaptive legal concept within the Indonesian criminal justice system. The method used is normative juridical with a statutory and conceptual approach, through a review of the Criminal Procedure Code and its updates, Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, and Law Number 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions (ITE) Law. The results show that the Indonesian criminal law evidentiary system is not yet completely able to accommodate the decentralized, pseudonymous, and cross-jurisdictional characteristics of crypto assets, resulting in difficulties in identifying ownership, validating blockchain evidence, and relying on expert testimony. Furthermore, the mechanism for confiscation and confiscation of assets is also ineffective due to limited regulations regarding private key control, digital evidence management, and technical and jurisdictional barriers. Therefore, legal reform is needed by strengthening blockchain-based electronic evidence regulations, developing adaptive asset recovery mechanisms, including non-conviction-based forfeiture, and enhancing the institutional capacity of the Attorney General's Office and international cooperation. This will enable a criminal justice system that is responsive to technological developments and effective in combating crypto-asset-based money laundering.
Co-Authors Emil Brunner Frans Irawan Iman Sholikin