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All Journal Eduvest - Journal of Universal Studies Research Horizon Mawaddah: Jurnal Hukum Keluarga Islam
Kiki Kristanto
Universitas Palangka Raya, Indonesia
Religion Aerospace Engineering Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Normative Critique of Passive Money Laundering Formulation in Indonesian Criminal Law: An Islamic Proportionality Perspective Aditya Wiguna Sanjaya; Kiki Kristanto; Nabilaa Mohamed; Taufik Firmanto; Rudhi Achsoni
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.82

Abstract

Money laundering crimes are generally classified into active and passive forms. In the Indonesian context, passive money laundering based on Article 607 paragraph (1) letter (c) of the Criminal Code adopts the pro parte dolus pro parte culpa model which equates criminal liability between intentional acts and those committed due to negligence. This approach raises normative issues related to the principle of proportionality which requires differentiating sanctions based on the degree of error. This study aims to analyze the principle of proportionality in Islamic criminal law and evaluate the suitability of the formulation through a comparative approach. This study uses normative legal methods with legislative, conceptual, and comparative approaches. The analysis was carried out on the provisions of Indonesian criminal law, Islamic criminal law principles, and several relevant foreign legal systems. The results of the study show that Islamic criminal law expressly distinguishes the level of error in the imposition of sanctions, as reflected in the concepts of qisas and diyat. This principle is also in line with a number of modern legal systems that separate intentional crimes (dolus) and negligent crimes (culpa) with different criminal consequences. On the other hand, the pro parte dolus pro parte culpa model in the Criminal Code has the potential to obscure these differences by imposing equivalent sanctions, thereby weakening the principle of proportionality and risking substantive injustice. This research contributes theoretically through strengthening the study of comparative criminal law based on the integration of Islamic law perspectives, as well as practically by recommending the reformulation of criminal policies to ensure more optimal proportionality and justice.
Legal Certainty in Recovering State Financial Losses in Corruption Crimes Deby Rimenda Br Ketaren; Kiki Kristanto; Rico Septian Noor
Eduvest - Journal of Universal Studies Vol. 6 No. 2 (2026): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v6i2.52304

Abstract

Corruption, as an extraordinary crime, requires extraordinary measures—especially in recovering state financial losses—which demands legal certainty. This research aims to analyze legal certainty in procedures for recovering state financial losses caused by criminal acts of corruption, focusing on the role of public prosecutors and the effectiveness of the applicable legal mechanisms. Using normative legal research methods with legislative and conceptual approaches, this study processes primary and secondary legal materials through documentation and interpretative analysis techniques. The results of the study show that although procedures for recovering state losses are regulated in the Corruption Eradication Law and its derivative regulations, legal certainty has not been fully realized due to the unclear authority of the public prosecutor or the Corruption Eradication Commission (KPK) in tracking and seizing assets, as well as weak synchronization between criminal and civil instruments. Therefore, this study recommends reformulating regulations that explicitly define the authority of law enforcement agencies, providing adequate facilities and infrastructure for the Attorney General’s Office and the KPK, and strengthening the role of the community in reporting criminal acts of corruption. These efforts are expected to create legal certainty in the recovery of state losses, increase the effectiveness of restitution, and restore public confidence in the judicial system.
Accountability of Prosecutors in the Management of Evidence and Seized Assets from Criminal Offenses Calista Eka Triana; Kiki Kristanto; Hilyatul Asfia; Eny Susilowati
Research Horizon Vol. 6 No. 3 (2026): Research Horizon - Juni 2026
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.6.3.2026.1137

Abstract

The management of evidence and seized assets is a crucial aspect of the criminal justice system because it is closely linked to the evidentiary process, legal certainty, and the preservation of the economic value of confiscated property. This study aims to analyze the accountability of prosecutors in managing evidence and seized assets derived from criminal offenses and to identify the obstacles encountered in their implementation. The study employed an empirical juridical method supported by a literature review approach. Primary data were obtained through interviews with prosecutors, while secondary data were collected from statutory regulations, academic books, and scientific journals. The findings reveal that prosecutorial accountability has generally been implemented in accordance with applicable legal provisions through the stages of receiving, storing, maintaining, returning, destroying, and executing evidence. Internal supervision and the application of the chain of custody principle also contribute to maintaining the integrity of evidence management. However, budget constraints, inadequate infrastructure, and evidence accumulation remain significant challenges. Therefore, strengthening the evidence management system, improving storage facilities, optimizing budget allocation, and enhancing inter-agency coordination are necessary to achieve more professional, accountable, and effective evidence management.
Co-Authors Aditya Wiguna Sanjaya Calista Eka Triana Deby Rimenda Br Ketaren Eny Susilowati Hilyatul Asfia Nabilaa Mohamed Rico Septian Noor Rudhi Achsoni Taufik Firmanto