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Devi Mutiara Sanni
Fakultas Hukum Universitas Airlangga
Education Law, Crime, Criminology & Criminal Justice

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Abuse of Authority in Procurement Under the Corruption Law Asis; Devi Mutiara Sanni
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.47077

Abstract

Nowadays, the practice of corruption in government procurement of goods and services is becoming increasingly sophisticated, and it is not uncommon for perpetrators to hide behind formal procedures such as the determination of the Self-Estimated Price (Harga Perkiraan Sendiri/HPS). This becomes legally justifiable because Article 26, Paragraph (6) of Presidential Regulation No. 16 of 2018 states that the HPS is not the basis for calculating the amount of state financial loss. However, the crime of corruption in the context of procurement does not lie in the numerical difference, but rather in the malicious intent (mens rea) when abusing authority in the process of determining the HPS. This study uses a normative legal research method with a statutory and case approach. This research addresses the following issues: 1). Can the inflation of the Self-Estimated Price (HPS) fulfill the element of "abuse of authority" in Article 3 of the Corruption Eradication Law, even though it is not used as the basis for calculating state losses? 2). Is proving malicious intent (mens rea) in the HPS determination process more essential to prosecute corruption perpetrators compared to proving the amount of state financial loss? In this study, it was found that an unreasonable HPS is not a representation of state loss, but rather an instrumentum delicti a tool intentionally created to facilitate the crime. The main finding shows that the act of inflating the HPS perfectly fulfills the element of "abusing authority" in Article 3 of the Corruption Eradication Law, as this action creates a corrupt opportunity for other parties. Therefore, it is imperative that law enforcement officials prioritize investigations into the process and methodology of HPS formulation to prove conspiracy and abuse of authority, rather than being trapped in debates about calculating state losses based on estimations.
Juridical Analysis of the Application of the Precautionary Principle in Business Contracts for the Utilization of Natural Resources in the Mining Sector Devi Mutiara Sanni
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.58181

Abstract

The application of the precautionary principle in the management of natural resources constitutes an essential aspect in ensuring the achievement of sustainable development. This principle requires the adoption of preventive measures in every activity that has the potential to cause environmental damage. This research aims to analyze the application of the precautionary principle in business contracts within the mining sector and its implications for environmental protection and legal certainty. The research method employed is normative juridical, utilizing a statutory approach. Legal sources were obtained through the study of legislation, legal doctrines, and academic literature. The findings indicate that, in practice, mining business contracts in Indonesia remain primarily focused on commercial aspects and have not yet fully internalized the precautionary principle. This condition results in weak environmental protection and potential long-term socio-ecological losses. The study recommends the construction of contracts that incorporate the precautionary principle as a normative standard, so that contracts function not only as private agreements but also as preventive legal instruments to support environmental protection and sustainable development.
Juridical Analysis of Fiduciary Security over Crypto Assets: Reconstructing Possession, Enforcement Mechanisms, and the Urgency of a Central Custodian in Ensuring Certainty of Collateral Value Devi Mutiara Sanni
Law Research Review Quarterly Vol. 12 No. 6 (2026): Special Edition Part 2
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i6.58860

Abstract

The development of crypto assets as part of the digital economic transformation has generated new legal implications within Indonesia’s secured transactions framework, particularly concerning their potential use as objects of fiduciary security. This study aims to analyze the mechanisms of possession and execution of fiduciary security over crypto assets under the Indonesian legal system and to examine the urgency of establishing a central custodian to ensure legal certainty and the stability of the collateral value. This research employs a normative juridical method using statutory and conceptual approaches. Legal materials were obtained through library research on legislation, legal literature, and previous studies, which were analyzed qualitatively and prescriptively. The findings indicate that crypto assets juridically satisfy the characteristics of intangible movable property possessing economic value and, therefore, may theoretically serve as objects of fiduciary security. However, the existing fiduciary security regime has not adequately accommodated the decentralized nature of blockchain technology, particularly with regard to digital possession based on private keys, mechanisms for digital seizure, and the execution of security interests over crypto assets. Furthermore, the high volatility of crypto asset values and the absence of a centralized controlling authority create risks to collateral value certainty and creditor protection. Accordingly, legal reconstruction is required through regulatory reform and the establishment of a central custodian as a digital asset custodial institution responsible for ensuring control, supervision, value stability, and the effective execution of fiduciary security involving crypto assets. KEYWORDSFiduciary Security; Crypto Assets; Central Custodian.
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