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p-Index From 2021 - 2026
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All Journal Jurnal Hukum Sehasen Rechtsvinding
Wildan Ambron Ritonga
Universitas Jambi
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Implications of Foreign Investment Limitations on 'The End Justifies the Means' Practices within the Indonesian Investment Sector M. Aidil Akbar; Wildan Ambron Ritonga; Rifqi Pratama Putra
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1372

Abstract

This study aims to analyze the implications of Presidential Regulation (Perpres) Number 49 of 2021 on the emergence of "the end justifies the means" practices by foreign investors within joint venture companies in Indonesia. Although this regulation provides investment facilities to stimulate national economic growth, certain strategic sectors remain subject to foreign ownership restrictions. A primary issue arises when domestic investors face financial constraints in fulfilling the required majority shareholding portions. This condition leads to legal smuggling practices by foreign investors seeking full corporate control, notably through nominee shareholder mechanisms. This legal research highlights how the capital disparity between foreign and domestic investors triggers the use of trusteeship agreements or dummy corporations, which are strictly prohibited under Indonesian law. The findings suggest the necessity of strengthening legal frameworks and oversight to balance foreign investment interests with national economic sovereignty
Criminalization Of Cohabitation In The National Criminal Code And The Problems Of Proving It According To The 2025 Criminal Procedure Law: Reconstruction Of The Element Of “Living Together As Husband And Wife” From A Fair Trial Perspective Wildan Ambron Ritonga; Aditiarman Aditiarman; Aditya Kusuma Sumantri; Beni Setiawan; Fanita Aditia
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i1.11846

Abstract

Cohabitation is a social reality in the form of cohabitation between two people as a married couple without a legally recognized marital bond. Law Number 1 of 2023 concerning the Criminal Code criminalizes it through Article 412, but the formulation of “living together as husband and wife outside of marriage” leaves the issue of conceptual boundaries, duration, patterns of domestic relations, and space for state intervention in private life. This research discusses two problems: the regulation of cohabitation crimes in the National Criminal Code and the construction of proof according to Law Number 20 of 2025 concerning the Criminal Code. The research uses normative legal methods with limited legislative, conceptual, and comparative approaches, through a prescriptive analysis of primary legal materials and eighteen attached scientific articles. The results of the study show that Article 412 is a complaint offense that has a formal character and continues, so it is not enough to prove the existence of two people in one place or the alleged intercourse. The elements of delinquency must be built from the continuity of residence, the establishment of a factual household, social representation as a couple, and the absence of a valid marriage. The 2025 Criminal Code expands evidence through Article 235 and recognizes electronic evidence in Article 242, but also requires authentication, legality of acquisition, and judicial testing. The study concluded that the effectiveness of Article 412 enforcement depends on layered evidentiary standards that limit speculation, protect privacy, and prevent criminalization based on moral prejudice.
Co-Authors Aditiarman Aditiarman Aditya Kusuma Sumantri Beni Setiawan Fanita Aditia M. Aidil Akbar Rifqi Pratama Putra