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Dhita Widya Putri
University of Debrecen, Faculty of Economics and Business, Institute of Economics, Hungary

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Beyond Formal Legality: Economic Crime Regulation, Legal Circumvention, and the Protection of Socially Vulnerable Interests in Indonesia and Hungary Raka Fachriansyah; Herlita Eryke; Dhita Widya Putri; Putra Perdana Ahmad Saifulloh
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.34506

Abstract

Study Objective: This study examines how criminal law addresses legal evasion without eroding the principle of legality, and how such responses can protect the interests of vulnerable populations.Method/Approach: This study is a legal research that uses both statute and comparative approaches.  comparing Indonesia's fragmented sectoral regime with Hungary's functional combination of anti-tax-abuse, budget-fraud, welfare-fraud, oversight-responsibility, and asset-oriented enforcement.Novelty: This study uses vulnerability as an analytical criterion for identifying the public interests that suffer disproportionate consequences when complex economic crime diverts public resources or distorts market access.Findings: Indonesia should not criminalize all forms of formal compliance that undermine the purpose of regulation. Such a formula w7ould be uncertain and risk turning legitimate administrative disputes into criminal cases. A more defensible approach is a two-tier model. Administrative anti-abuse measures should address both artificial arrangements and tax or regulatory evasion. Hungary offers a useful comparative lesson because its budget fraud regime consolidates several forms of fiscal fraud while maintaining identifiable behavioral elements.Conclusion: Criminal liability only applies if a scheme includes fraudulent conduct, concealment of material facts, false documentation, fictitious transactions, deliberate avoidance of a predetermined public obligation, and demonstrable fiscal or public interest harm.