Maidin Gultom
Universitas Katolik Santo Thomas, Indonesia

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Optimizing Corporate Criminal Sanctions in Restoring Environmental Functions: Towards Ecological Justice Niswan Harefa; Maidin Gultom; Ica Karina; Sahata Manalu; Ariston Bachtiar Limbong
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.2015

Abstract

The degradation of environmental functions caused by corporate crime has become a systemic crisis in Indonesia. Criminal sanctions that merely impose fines often fail to restore damaged ecosystems, thereby prolonging ecological injustice. This study aims to formulate an optimization model for corporate criminal sanctions oriented toward genuine environmental restoration and ecological justice. Using a qualitative socio-legal method, the research integrates normative analysis of Law No. 32 of 2009, Supreme Court Regulation No. 13 of 2016, and related jurisprudence with empirical data from 30 final and binding court decisions (2015–2023), in-depth interviews with 15 key informants, and focus group discussions. Data were analyzed through thematic and comparative case analysis. The results reveal that only 16.7% of sanctions imposed a mandatory environmental restoration order, and even these were poorly formulated, with no measurable biological recovery targets or monitoring mechanisms. The optimization model designed consists of five elements: judicial capability building, restructuring restoration clauses in verdicts, embedding scientific advisory panels, establishing an ecological remediation fund sourced from corporate fines, and post-judgment supervision by an independent oversight body. The discussion confirms that without transforming the logic of punishment from a retributive-deterrent paradigm to a restorative-ecological one, sanctions will remain symbolic. The conclusion emphasizes that authentic ecological justice can only be achieved when the restoration of damaged environmental functions becomes the primary yardstick of sanction effectiveness
Optimizing the Recovery of State Losses through Civil Lawsuits Against Assets Suspected of Being Proceeds of Corruption Mancur Sinaga; Maidin Gultom; Sahata Manalu; Ica Karina; Maranatha Purba
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2026

Abstract

Corruption in Indonesia inflicts massive financial losses on the state, yet the recovery of such losses remains suboptimal despite a robust criminal enforcement framework. This study explores the optimization of state loss recovery through civil lawsuits (gugatan perdata) targeting assets suspected to be proceeds of corruption. Employing a qualitative normative-empirical method, the research analyzes statutory provisions, court decisions, and asset recovery data from 2019 to 2023. The findings reveal that while the state attorney’s authority to file civil claims based on unlawful acts (onrechtmatige daad) under Article 1365 of the Civil Code provides a powerful non-conviction based pathway, its utilization is hampered by fragmented regulations, weak inter-agency coordination, and procedural uncertainties in tracing and securing assets. Case studies show that civil lawsuits have achieved significant recoveries, yet the overall recovery rate against total state losses remains below 15%. The discussion proposes an optimization model that includes the harmonization of legal instruments, establishment of a dedicated asset recovery task force, adoption of non-conviction based forfeiture mechanisms consistent with UNCAC, and enhanced international mutual legal assistance. The model integrates pre-litigation asset preservation, reverse burden of proof for illicit enrichment, and the use of digital forensics for asset tracing. The conclusion asserts that maximizing civil litigation for asset recovery not only reimburses the state treasury but also delivers a strong deterrent effect by incapacitating corrupt actors economically, provided that political will and institutional reform are sustained