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All Journal Orasi: Jurnal Ilmu Politik dan Sosial Siber International Journal of Advanced Law
Lukman Hakim
Universitas Bhayangkara Jakarta Raya, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penegakan Hukum Pidana Terhadap Tindak Pidana Pencucian Uang Gayus Tambunan di Indonesia Andhika Yudha Fardana; Dijan Widijowati; Lukman Hakim
Orasi: Jurnal Ilmu Politik dan Sosial Vol. 1 No. 3 (2025): Orasi: Jurnal Ilmu Politik dan Sosial
Publisher : Inovan Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63217/orasi.v1i3.143

Abstract

The financial system and the national economy are significantly affected by complex money laundering crimes (ML), with criminal law policies regulated in several laws, including Law No. 8 of 2010, being used in Indonesia to combat money laundering. The main objective of this study is to examine the effectiveness of criminal law policies in preventing money laundering, the challenges faced by law enforcement agencies, and the Gayus Tambunan case – a striking illustration of the weakness in the application of law in Indonesia. This study uses a statutory approach, literature review, and normative legal methodology. The findings of this study show that although there is a legal framework in place, there are still several barriers in implementation and law enforcement, including poor coordination between agencies, insufficient human resources, and low public awareness and involvement. Therefore, to build an efficient and just law enforcement system in combating money laundering in Indonesia, it is crucial to strengthen regulations, enhance the capabilities of law enforcement agencies, and educate the public.
Reconception of Criminal Liability for Money Politics Crimes in General Elections Under Law No. 7 of 2017 Bambang Sunaryo; St. Laksanto Utomo; Lukman Hakim
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 2 (2025): Siber International Journal of Advanced Law (October - December 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i2.322

Abstract

This research addresses the issue of money politics as a serious criminal offense that threatens the integrity of electoral democracy in Indonesia. Law Number 7 of 2017 on General Elections has indeed stipulated criminal sanctions for money politics practices; however, its regulation remains limited to formal actors such as campaign teams and election organizers. It creates a normative gap, as intellectual actors such as legislative candidates, funders, and other informal networks remain beyond the reach of the law. Based on this weakness, then the research aims to formulate a reconception of criminal liability that is more just, progressive, and responsive to the complexity of money politics crimes, which are collective and structural in nature. The method used in this study is a normative-empirical method supported by several approaches. The main approaches are the statute approach and then the conceptual approach, while the supporting approaches include the case approach, philosophical approach, sociological approach, and comparative approach to countries that have succeeded in holding structural actors in money politics accountable, such as South Korea, Brazil, and Italy. The theories used in this research are the rule of law theory (grand theory), progressive law theory (middle range theory), and criminal liability theory (applied theory). The results of this study are expected not only to enrich the discourse on electoral criminal law but also to provide a theoretical and normative foundation for regulatory reform. As a scholarly contribution (novelty), this research offers proposed reforms to the Election Law and the concept of collective-structural criminal liability, which can go beyond direct perpetrators to include functional roles within the criminal networks of money politics in elections. This research is relevant to promoting more substantive law enforcement in elections and ensuring democratic justice in line with the principles of the rule of law.
Co-Authors Andhika Yudha Fardana Bambang Sunaryo Rr. Dijan Widijowati St. Laksanto Utomo