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All Journal Jurnal Greenation Sosial dan Politik Greenation International Journal of Law and Social Sciences
Subianta Mandala
Universitas Borobudur, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Effectiveness of Mutual Legal Assistance Mechanisms in Tracking and Recovering Corrupt Assets Transformed into Crypto Assets by White Collar Criminals Raden Ferdiandra Defry Yusdanial; Subianta Mandala
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.493

Abstract

The development of digital technology has created new challenges in eradicating corruption, particularly when criminal assets are transformed into cross-border, difficult-to-trace crypto assets. In this context, the Mutual Legal Assistance (MLA) mechanism has become a crucial instrument for countries, including Indonesia, to track, confiscate, and return crypto assets resulting from corruption committed by white-collar criminals. This study examines the effectiveness of MLA using a statutory and conceptual approach, specifically referring to Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters, Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, and international provisions such as the United Nations Convention Against Corruption (UNCAC). The analysis reveals that the implementation of MLA in crypto asset cases continues to face various obstacles, including limited regulations that do not yet adequately address financial technology-based crimes, bureaucratic delays between countries, and the limited technical capacity of law enforcement officials in digital forensics and crypto asset tracing. Therefore, strengthening national regulations is necessary through revising the MLA Law to make it relevant to crypto developments, increasing the capacity of law enforcement agencies to master digital investigative technology, and expanding international cooperation through both multilateral instruments such as the UNCAC and more operational bilateral agreements. Optimizing the MLA mechanism is expected to enhance the effectiveness of tracking and recovering corrupt cryptocurrency assets while strengthening the integrity of the legal system in addressing the challenges posed by technology-based cross-border crime.
A Comparative Review of Notarial Protocol Law Regarding the Storage of Minutes of Deeds Relating to Changes in the Legal Form of Limited Liability Companies from Time to Time Jimmy Tanal; Subianta Mandala
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.494

Abstract

This study examines the evolution of legal provisions regarding the storage of notarial protocols in Indonesia from the colonial era to the current digital era. The Indonesian Notary Law (Stbl. 1860 No. 3) placed full responsibility on individual notaries, without clear security standards or timeframes. After independence, significant reforms came through Law Number 30 of 2004 in conjunction with Law Number 2 of 2014 concerning the Notary Office (UUJN), which introduced a multi-layered oversight mechanism by the Supervisory Board and regulated the submission of protocols upon the resignation or death of a notary, as stipulated in Articles 62–65. Further integration is evident in the provisions of Articles 21–23 of Law Number 40 of 2007 in conjunction with Law Number 6 of 2023 concerning Limited Liability Companies, which require the reporting of deeds of amendments to the Articles of Association through an electronic system. National archival standards, as stipulated in Article 23 of Law Number 43 of 2009 and Minister of Law and Human Rights Regulation Number 9 of 2017, further emphasize the importance of digitization, supported by personal data protection in Law Number 27 of 2022 and the recognition of electronic signatures through Article 11 of the Electronic Information and Transactions (ITE) Law. This study highlights a comparison of authority, storage mechanisms, and security standards from the colonial era to the present, while also identifying barriers such as limited physical space, the risk of data breaches, and technological readiness. The findings indicate that synchronizing the UUJN (National Law on Notaries), the UU PT (Company Law), and the Law on Archives is crucial to ensuring efficient, secure, and technologically advanced notarial archives management.
The Restriction of Interest Compensation under Article 27B(2) of the Indonesian General Taxation Law and Its Implications Harry Kesowo Wibowo; Subianta Mandala
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.520

Abstract

The amendment of the General Provisions and Tax Procedures Law (UU KUP) through the replacement of Article 27A with Article 27B has narrowed taxpayers’ rights to receive interest compensation (imbal bunga) in cases of tax overpayment. Under Article 27B (2), interest compensation is only granted for overpayments originating from refund requests on tax returns (SPT Lebih Bayar) and limited to the amount approved during the Final Discussion of Audit Results (PAHP). This normative juridical research examines the fairness and legal implications of such limitations by analyzing statutory provisions, doctrinal interpretations, and the principles of legal certainty and equality before the law. The findings indicate that the restriction creates a substantive imbalance: when taxpayers lose in a dispute, the state imposes substantial penalties, yet when taxpayers win, they receive no compensation for the funds held by the state during the litigation period. This asymmetry undermines the corrective justice principle and may erode taxpayers’ trust in the tax administration. The study concludes that Article 27B(2) should be reconsidered to ensure a more equitable balance between taxpayer rights and state authority by expanding the scope of interest compensation to include all tax overpayments arising from dispute resolutions. Such reform would enhance fairness, accountability, and the integrity of Indonesia’s tax system.
The Existence of PT Pegadaian as a Bullion Bank Business Player in Indonesia Muhammad Yusuf Y. Badar; Subianta Mandala
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.553

Abstract

This study aims to analyze the existence of PT Pegadaian as a player in the bullion banking business in Indonesia, explore the most appropriate institutional structure, and formulate strategies and efforts to win the competition. PT Pegadaian, as a Non-Bank Financial Institution (LKBB) with strong infrastructure, networks, and public trust, and long experience in the gold business, has significant potential to play a role in bullion banking services, namely financial institutions that manage gold-based trading, storage, financing, and investment activities. This is in line with global trends and the increasing interest of the Indonesian public in stable investment instruments with high intrinsic value, namely gold. This study uses normative legal research methods with a conceptual and legislative approach. The primary data sources include literature, laws and regulations related to financial institutions, banking, LKBB, and gold (bullion) governance, as well as comparative studies of bullion banking practices in other countries. Data analysis was conducted using a descriptive-qualitative approach to evaluate PT Pegadaian's position, potential, and legal framework and to formulate strategic recommendations.
Lack of Regulations Regarding the Maximum Limit of Compensation That Can Be Charged to Notaries for Negligence in Making Authentic Deeds Yanah Susanti; Subianta Mandala
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.555

Abstract

Article 84 of Law Number 2 of 2014 concerning the Notary Public (UUJN) stipulates that notaries may be subject to compensation sanctions if they are negligent in making authentic deeds. However, the article does not stipulate a maximum limit for compensation that can be imposed, thus creating a legal vacuum that impacts legal certainty and protection for notaries and the public. This ambiguity opens up opportunities for excessive lawsuits and an imbalance between professional responsibility and legal protection for public officials. This study uses a statutory and conceptual approach by examining the relationship between Article 84 of the UUJN, Article 1365 of the Civil Code concerning unlawful acts, and Article 1243 of the Civil Code concerning breach of contract. The results indicate that the regulation of notary liability is still general and does not fulfill the lex certa principle as required by the theory of legal certainty. Comparison with the legal systems in the Netherlands, Germany, and France shows that the regulation of notary liability limits through a system of limited liability and professional liability insurance can provide balanced protection for the profession and service users. This study recommends revising Article 84 of the UUJN by adding provisions on maximum compensation limits, establishing implementing regulations, and implementing a mandatory professional insurance system. These regulations are expected to achieve justice, legal certainty, and proportional protection for all parties.
Legal Liability of Business Actors in Online Money Buying and Selling Transactions Resulting in Consumer Losses Aris Setiawan; Subianta Mandala
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.409

Abstract

Consumer protection law is an important concern because it relates to regulations aimed at improving people's welfare. The Consumer Protection Law was designed for various reasons, one of which is the limitation of legal provisions that are able to protect the interests of consumers in Indonesia. In addition, in facing the era of globalization, national economic development is required to support the development of the business world which is able to provide various goods and/or services to improve people's living standards. Online buying and selling transactions are generally defined as trade carried out via the internet. This growth in online transactions is also supported by increasing industrial productivity which provides various products to be marketed digitally. This has encouraged the popularity of online buying and selling businesses because of the ease of implementation, relatively small capital requirements, and management that does not require a complex management system. This research uses a normative juridical method, namely a scientific approach that aims to find the truth based on legal logic from a normative perspective. This research aims to examine legal principles, rules and doctrines using secondary data complemented by primary data. The research results show that the responsibilities The Consumer Protection Law does not specifically govern business actors' interactions with customers in online purchasing and selling operations. Therefore, given the numerous possible losses and fraud schemes that could hurt customers, more precise regulations are required to govern online transactions. Although The written consumer protection provisions of Law Number 8 of 1999 concerning Consumer Protection settlement procedures are deemed sufficient, their actual application frequently deviates from the law's primary goal of giving consumers legal protection and certainty.
Dynamics of Civil Law in the Digital Era: Transformation, Challenges, and Legal Certainty Muhammad Abdurrohman Sholih; Subianta Mandala
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.579

Abstract

The digital era has transformed the socio-economic landscape, giving rise to new legal objects and relationships unanticipated by the Indonesian Civil Code (KUHPerdata), a colonial-era legal product. Phenomena such as electronic contracts, digital assets (crypto assets and NFTs), and online dispute resolution (ODR) challenge the relevance and capability of the existing civil law framework. Despite partial regulations like the Information and Electronic Transactions (ITE) Law, this legal fragmentation creates uncertainty and systemic friction, where a 19th-century legal framework clashes with 21st-century digital realities, thereby hindering the growth of the digital economy that demands legal certainty. This study aims to analyze the normative limitations of the KUHPerdata in accommodating digital transformation, identify key legal challenges related to the validity of electronic contracts, the property status of digital assets, and the effectiveness of ODR, and formulate a responsive and integrative civil law reform concept. This research employs a normative juridical method with a statute approach and a conceptual approach. The analysis is conducted on primary legal materials such as the KUHPerdata and the ITE Law, as well as secondary legal materials relevant to cyber law theory and legal reform. The study finds that the concept of property ('kebendaan') in the KUHPerdata is inadequate for classifying digital assets, causing ambiguity in ownership, inheritance, and collateralization. While the ITE Law provides de jure legitimacy to electronic contracts, de facto implementation is hampered by the absence of technical rules on evidence and data security. Furthermore, the lack of a specific legal framework for ODR creates a legal vacuum that obstructs efficient e-commerce dispute resolution. Indonesia's current civil law framework is reactive and fragmented, failing to provide comprehensive legal certainty in the digital era. A fundamental and holistic reform of the KUHPerdata is imperative to modernize the concept of property law, establish secure standards for electronic transactions, and build a solid legal foundation for ODR.
Constitutional Democracy and the Challenges of Election Administration in the Era of Digital Disruption Agung Fernando; Subianta Mandala
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.580

Abstract

Digital disruption has fundamentally transformed the electoral landscape in Indonesia, shifting political campaigns and discourse into cyberspace. This transformation presents a paradox for constitutional democracy: on the one hand, technology offers potential efficiency through innovations such as e-voting; on the other hand, it has become a primary vector for the spread of disinformation, hoaxes, and hate speech that undermine election integrity, erode public trust, and deepen social polarization. The existing legal framework for elections, particularly law no. 7 of 2017, has proven inadequate to effectively regulate the dynamics of digital campaigns and address cyber threats, leaving election organizers (the general elections commission (KPU) and the elections supervisory agency (bawaslu) often in a reactive position. This study aims to analyze the impact of digital disruption, particularly disinformation, on the integrity of election administration and constitutional democracy in Indonesia, evaluate the adequacy of the legal framework for elections in addressing digital challenges, and examine the legal, technical, and social feasibility of implementing technological innovations such as e-voting. This study uses a normative legal method with a legislative approach. The analysis is conducted on the 1945 constitution, law no. The study examined law no. 7 of 2017 concerning elections, the electronic information and transactions law (UU ITE), and regulations from the general elections commission (KPU) and the elections supervisory agency (bawaslu) to assess the gap between legal norms and the reality of digital challenges. It found that current election regulations have significant legal gaps regarding the oversight and enforcement of campaign violations on social media, such as trolling and non-transparent political advertising. Oversight efforts by bawaslu and the KPU tend to be reactive (e.g., content takedowns) and rely heavily on collaboration with other institutions such as the ministry of communication and information. The implementation of e-voting is hampered by three main obstacles: the lack of a comprehensive legal basis, cybersecurity vulnerabilities, and low public trust in digital systems. Digital disruption poses a fundamental threat to Indonesia's electoral democracy that has not been mitigated by the existing legal and institutional framework. Comprehensive reform of the elections law is needed to specifically regulate digital campaigns, ensure transparency of funds, and implement strict sanctions. Furthermore, strengthening the technical and digital forensic capacity of bawaslu and the KPU is a necessity, which must be balanced with a national digital literacy program to build community resilience against disinformation.
Co-Authors Agung Fernando Aris Setiawan Harry Kesowo Wibowo Jimmy Tanal Muhammad Abdurrohman Sholih Muhammad Yusuf Y. Badar Raden Ferdiandra Defry Yusdanial Yanah Susanti