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All Journal Cepalo Contrarius
Jan Alizea Sybelle
Stellenbosch University
Environmental Science Law, Crime, Criminology & Criminal Justice

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Reframing State Loss Policy in Price-Related Corruption Cases: A Future Agenda Amir Firmansyah; Mohammad Abdallah Alshawabke; Suzali Sulaiman; Jan Alizea Sybelle
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.274

Abstract

State losses from corruption cases in Indonesia are commonly interpreted solely as financial losses, while broader economic losses are largely overlooked. Corruption generates impacts that extend beyond fiscal depletion, affecting economic stability, social welfare, ecological integrity, and other systemic dimensions. This study therefore aims, first, to identify and examine the challenges arising from the ambiguous definition of state loss in Indonesia’s legal framework, particularly in price-related corruption cases; second, to analyse Singapore’s conduct-based model of corruption enforcement, which does not treat state loss as an element of the offence; and third, to formulate an ideal normative framework that can strengthen Indonesia’s anti-corruption regime. Using a normative legal research method with statutory, comparative, and conceptual approaches, this study finds that the ambiguity of the state-loss concept has made it difficult to establish economic losses in court, leading judges to focus exclusively on financial loss and leaving broader economic harm unaddressed in judicial decisions. In contrast, Singapore’s approach, by excluding state loss as an element of corruption, allows enforcement to centre on gratification and corrupt intent, resulting in a more coherent and efficient process than the Indonesian model. Consequently, a reframing of the state-loss concept is required, including more precise parameters of economic loss within anti-corruption law, standardised methodologies for its calculation, and broader asset-recovery mechanisms to enhance legal certainty and improve the overall effectiveness of corruption enforcement.
LEGAL PLURALISM AND CUSTOMARY CRIMINAL LAW: COMPARATIVE PERSPECTIVES FROM INDONESIA AND SOUTH AFRICA IN POST-COLONIAL CRIMINAL JUSTICE SYSTEMS I Made Wirya Darma; I Gede Agus Kurniawan; Jan Alizea Sybelle
Cepalo Vol 10 No 2 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v10no2.5049

Abstract

This study examines legal pluralism in the regulation of customary criminal law through a comparative analysis of Indonesia and South Africa. Using a normative legal method with conceptual, comparative, and statutory approaches, it explores how both countries integrate customary criminal law into their national criminal justice systems. The findings show that both jurisdictions reflect a post-colonial commitment to legal pluralism by incorporating restorative justice grounded in indigenous legal traditions. Indonesia recognizes customary criminal law through Articles 2 and 66 of the New Criminal Code, while South Africa does so through Section 211 of the Constitution and the Traditional Courts Act. Although both systems seek to promote restorative justice and reduce recidivism, they differ in their institutional design and implementation. Indonesia adopts a hierarchical model in which customary sanctions supplement state law, whereas South Africa grants greater autonomy to customary courts. The study recommends implementing comprehensive Government Regulations and harmonizing Regional Regulations in Indonesia to strengthen legal certainty. It also recommends revising South Africa's Traditional Courts framework to improve judicial oversight, gender representation, and evidentiary standards while ensuring compliance with constitutional human rights protections.
Co-Authors Amir Firmansyah I Gede Agus Kurniawan I Made Wirya Darma Mohammad Abdallah Alshawabke Suzali Sulaiman