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All Journal Jurnal Cita Hukum International Journal of Business, Law, and Education
Milda Istiqomah
Universitas Brawijaya, Malang, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Digital Concealment in Money Laundering: A technology-neutral approach to aggravated criminal liability in Indonesia Shendy Prasetyo; Milda Istiqomah; Bambang Sugiri
International Journal of Business, Law, and Education Vol. 7 No. 2 (2026): International Journal of Business, Law, and Education (on progres)
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i2.1517

Abstract

The increasing use of digital anonymity technologies has transformed the modus operandi of money laundering, creating new challenges for criminal law enforcement. Although a Virtual Private Network (VPN) is a legitimate cybersecurity technology, its deliberate misuse may conceal digital identities, obstruct financial investigations, and complicate asset tracing. This study examines the Indonesian legal framework governing money laundering involving VPNs and evaluates whether their intentional use should constitute an aggravating circumstance. This research employs normative legal research using statutory, conceptual, and comparative approaches. The findings reveal that Indonesian anti-money laundering legislation is capable of prosecuting offenses involving VPNs; however, it lacks normative differentiation regarding the intentional use of anonymity-enhancing technologies. This study argues that such misuse increases the offender's culpability and the social harmfulness of the offense, thereby justifying enhanced criminal sanctions. Accordingly, the study proposes a technology-neutral reform introducing the intentional misuse of VPNs and similar technologies as a statutory aggravating circumstance in Indonesia's anti-money laundering regime.
Judicial Activism In Criminal Prison Sentences Below The Minimum Sentence In Narcotics Cases From A Criminal Accountability Perspective Raenes Wadi; Prija Djatmika; Milda Istiqomah
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i2.47061

Abstract

Sentencing decisions that fall below the specific minimum stipulated by law are, at first glance, considered a violation of the principle of legality, which requires that punishment strictly follow the written law. However, within the framework of Judicial Activism, such decisions may be justified when they adhere to the fundamental principles of criminal law, reflect the dynamic development of legal thought, and protect the defendant’s fundamental rights from arbitrary or disproportionate enforcement. This study aims to analyze the extent to which judges may exercise judicial activism when imposing sentences below the statutory minimum. The research employs a normative legal method using statutory and conceptual approaches to reinterpret the principle of legality in its function as a regulatory instrument in criminal law and in relation to the concept of criminal responsibility. The study explores how the judiciary, as an independent pillar of the legal system, can play a corrective role in achieving substantive justice. The findings reveal two key conclusions. First, Judicial Activism may be applied within the bounds of the principle of legality, enabling judges to rectify prosecutorial errors and issue fairer sentences by balancing the defendant’s culpability with the circumstances surrounding the crime. This flexibility ensures that the law serves justice rather than rigid formalism. Second, judges must use clear guidelines when exercising such discretion, notably by assessing the degree of the defendant’s responsibility and the factual findings revealed during trial proceedings. Ultimately, this study underscores that judicial activism, when grounded correctly in legal reasoning and human rights protection, strengthens the legitimacy and humanity of the criminal justice system.
Co-Authors Bambang Sugiri Prija Djatmika Raenes Wadi Shendy Prasetyo