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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Pembaharuan Hukum Jurnal Syntax Fusion : Jurnal Nasional Indonesia Indonesian Journal of Multidisciplinary Science Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Journal Evidence Of Law Journal of Innovation Research and Knowledge POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) PENA LAW: International Journal of Law Dharmawangsa: International Journal of the Social Sciences, Education and Humanitis SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum ARMADA : Jurnal Penelitian Multidisiplin Blantika : Multidisciplinary Journal Advances In Social Humanities Research Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah Asian Journal of Social and Humanities Corpus Juris : Jurnal Ilmu Hukum
Kristiawanto, Kristiawanto
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Upaya Pemulihan Aset Pelaku Tindak Pidana Korupsi Guna Mengoptimalisasi Kerugian Keuangan Negara Karinda, Frans Jomar; Kristiawanto, Kristiawanto; Ismed, Mohamad
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 9 No. 6 (2022)
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v9i5.27688

Abstract

Functionalization of criminal law in the context of law enforcement of criminal acts of corruption, both in terms of material criminal law, formal criminal law (criminal procedural law), as well as criminal implementation, still faces obstacles, especially regarding the asset recovery policy of perpetrators of corruption which has implications for execution of payment of replacement money in order to optimize the return of state financial losses. Through the evaluation stage, it is known at this time that the criminal law has not functioned properly in tackling corruption, such as in the case of executing the payment of replacement money, where the prosecutor as the executor often has difficulty in executing the convict's property to be confiscated and auctioned to cover all or the difference in state financial losses that must be paid by the convict. This is due to the fact that the current national law still has many weaknesses that create difficulties for law enforcers in recovering the assets of perpetrators of corruption, especially in terms of confiscation of assets of perpetrators of corruption, so that the return of state financial losses caused by criminal acts of corruption when this is not optimal.Keywords: Asset Recovery; State Financial Losses AbstrakFungsionalisasi hukum pidana dalam rangka penegakan hukum tindak pidana korupsi, baik ditinjau dari sudut hukum pidana materiil, hukum pidana formil (hukum acara pidana), maupun pelaksanaan pidana, masih menghadapi kendala-kendala, terutama berkenaan kebijakan pemulihan aset pelaku tindak pidana korupsi yang berimplikasi pada pelaksanaan eksekusi pembayaran uang pengganti guna optimalisasi pengembalian kerugian keuangan negara. Melalui tahap evaluasi, diketahui saat ini bahwa hukum pidana belum berfungsi dengan baik dalam menanggulangi tindak pidana korupsi, seperti dalam hal mengeksekusi pembayaran uang pengganti, di mana Jaksa sebagai eksekutor sering kali mengalami kesulitan dalam mengeksekusi harta benda terpidana untuk disita dan dilelang guna menutupi seluruh atau selisih kerugian keuangan negara yang harus dibayarkan oleh terpidana. Hal ini disebabkan, bahwa hukum nasional saat ini masih banyak kelemahan-kelemahan yang menimbulkan kesulitan bagi penegak hukum dalam melakukan pemulihan aset pelaku tindak pidana korupsi, terutama dalam hal perampasan aset pelaku tindak pidana korupsi, sehingga pengembalian kerugian keuangan negara yang diakibatkan tindak pidana korupsi saat ini tidak optimal.Kata Kunci: Pemulihan Aset, Kerugian Keuangan Negara
Normative ideas legal protection to witness and victim in criminal case Suganda, Atma; Kristiawanto, Kristiawanto; Dewi, Ratna
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 11 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i11.945

Abstract

Legal protection of witnesses and victims in criminal cases is an important aspect of the Indonesian criminal justice system. This is due to the crucial role of witnesses and victims in assisting law enforcement and achieving justice for victims. However, legal protection for witnesses and victims in Indonesia still has weaknesses, with many cases remaining undisclosed due to a lack of adequate evidence. This study aims to analyze normative ideas regarding legal protection for witnesses and victims in criminal cases. The research method used is the normative juridical method. The data collection technique in this study involves a literature study. The data analysis used in normative law research is qualitative analysis. The results of the study show that normative ideas are needed to strengthen legal protection for witnesses and victims in criminal cases. These ideas include strengthening the legal foundation through expanding the scope of protection, strengthening protection institutions, increasing public awareness, reforming the criminal justice system that focuses on developing a victim-centered justice system, and the use of technology in legal protection for witnesses and victims. Through the strengthening of legal protection, it is hoped that witnesses can give important testimony without fear, which ultimately supports the creation of a fair legal system and provides effective legal protection for all Indonesian citizens.
ALTERNATIF PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI DENGAN KERUGIAN KEUANGAN NEGARA BERJUMLAH KECIL Anugerah, Listakeri S.; Kristiawanto, Kristiawanto; Ismed, Mohamad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 3 (2025): SINERGI : Jurnal Riset Ilmiah, Maret 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i3.1012

Abstract

Alternative criminal liability that can be provided to the perpetrators of corruption in the event of State losses caused by a small amount but meeting some of the characteristics presented by the researcher. In Indonesia, there have been many examples of corruption cases where the state's financial losses are small, but they are still continued to trial. The imposition of imprisonment on perpetrators of corruption is currently considered no longer effective in providing a deterrent effect on the perpetrators. Basically, the victim of corruption is the state. The state which in this case experiences losses of state assets makes the state the sole victim who must be given justice as a manifestation of the purpose of the law. The state as a victim with the result of the loss of state assets, in the long term also causes misery for the community. The method used in this study This study uses descriptive analytical research, which is carried out with the main aim of providing an objective picture or description of a situation. With a statute approach, case approach, conceptual approach, analytical approach, normative juridical approach. The research results recommend alternative responsibilities that will be imposed on perpetrators of corruption crimes amounting to small state financial losses as long as they meet the classifications that have been studied by the Researcher. The results of this study that on the impact of corruption practices on a small scale on the quality of handling cases for law enforcement and the quality of sentencing the perpetrators, as well as the recovery of State losses so that the state that has been harmed as a victim regain their rights that have been taken away by the perpetrators. Through the analysis of the literature and the study of several cases presented by the author, this thesis also identifies common patterns that occur, causal factors, as well as suggestions for handling them.
KONSEP NORMATIF SANKSI PIDANA TERHADAP PELAKU PERUNDUNGAN (BULLYING) UNTUK MEWUJUDKAN KEPASTIAN HUKUM Haryanto, Rudi; Kristiawanto, Kristiawanto; Basuki, Basuki
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 6 (2025): SINERGI : Jurnal Riset Ilmiah, Juni 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i6.1415

Abstract

Bullying is a deliberate, repeated, and systematic behavior aimed at causing physical or psychological discomfort to others, often carried out for the perpetrator’s own amusement in witnessing the victim’s suffering. Bullying can take the form of mocking, insulting, making offensive remarks, or spreading false stories that isolate the victim or make them the subject of ridicule, leading to feelings of inferiority, fear, and distress. This behavior is increasingly concerning, as it affects various groups ranging from children to adults and can result in severe physical and psychological consequences, including fatal actions such as suicide. This study aims to analyze the effectiveness of criminal law in addressing bullying in Indonesia and to explore future normative concepts of criminal sanctions that combine both repressive and restorative approaches. The research problems raised in this study are. the current concept of criminal sanctions against bullying perpetrators, and the normative concept of criminal sanctions needed to ensure legal certainty in the future. Theories used in this research include the theory of punishment and the theory of legal certainty. he research method used is a normative legal approach. This study uses a statute approach, a case approach and a comparative approach which in principle originates from primary legal materials consisting of laws and judges' decisions, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. The legal material analysis technique uses grammatical interpretation techniques. This study reveals that the current concept of criminal punishment for bullying perpetrators in Indonesia adopts a mixed theory that combines retribution, prevention, and rehabilitation. However, the legal framework remains fragmented and unsystematic, leading to legal uncertainty and inconsistent law enforcement. To ensure legal certainty and public protection, a specific and comprehensive regulation on bullying is needed, including both criminal sanctions and additional penalties such as account suspension, content removal, temporary social media bans, public apologies, restitution, community service, and revocation of certain rights. The study also recommends the establishment of anti-bullying response units in educational institutions and workplaces, integrated with law enforcement and relevant agencies, to provide early detection, reporting mechanisms, and appropriate follow-up for bullying cases
Proving Motive In Premeditated Murder Cases Laia, Aturkian; Mustofa, Muhammad; Kristiawanto, Kristiawanto
Asian Journal of Social and Humanities Vol. 3 No. 4 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i4.474

Abstract

The proof of motive in the crime of premeditated murder plays a crucial role but faces significant challenges due to the absence of a clearly defined motive within Article 340 of the Indonesian Criminal Code, leading to varying interpretations and inconsistent applications of the law. Some judges consider motive as a basis for sentencing, while others do not, resulting in legal uncertainty and concerns over fairness and uniformity in judicial decisions. This research aims to analyze the position of motive proof within the crime of premeditated murder and propose an ideal concept for its future application. Using a normative legal research method with statutory, conceptual, and case study approaches, the findings reveal that the absence of a clear directive regarding motive causes inconsistent judicial practices and undermines legal certainty. The study highlights the need to explicitly incorporate motive as an essential element of proof in Article 340 to enhance fairness and consistency in judicial decisions. It concludes that integrating motive into the legal framework of premeditated murder is critical to ensuring clarity for judicial interpretation, upholding justice, and strengthening the reliability of the legal system.
Strengthening Law Enforcement Against Digital Identity Abuse In Online Lending: A Normative And Forensic Analysis To Achieve Legal Certainty In Indonesia Rachmat Hidayat, Afif; Latif , Abdul; Kristiawanto, Kristiawanto
Advances In Social Humanities Research Vol. 3 No. 12 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i12.526

Abstract

The rapid expansion of digital financial services has transformed online lending into a mainstream financial solution, yet simultaneously created new vulnerabilities involving the misuse of digital identities. This study examines the legal enforcement mechanisms applied to perpetrators who unlawfully use another person's identity to obtain online loans within Indonesia's evolving cybercrime landscape. Employing a normative juridical method integrated with statutory, conceptual, and case-based approaches, this research analyzes the adequacy of existing regulations—including the Criminal Code, the Electronic Information and Transactions Law, and the Personal Data Protection Law and their practical implementation. Findings reveal that regulatory fragmentation, insufficient verification standards, and limited digital forensic competence hinder effective prosecution. Case analyzes further demonstrate recurring issues in evidentiary quality, particularly concerning metadata integrity, digital traceability, and chain-of-custody compliance. These constraints contribute to uncertainty in determining liability, thereby undermining broader legal certainty. The study argues that strengthening legal enforcement requires a multi-dimensional strategy encompassing the adoption of specialized legislation on digital identity misuse, enhancement of forensic capabilities, mandatory biometric verification for fintech providers, and integrated inter-agency coordination through a national digital identity framework. This research contributes theoretically by advancing discourse on cybercrime and digital identity governance, and practically by offering policy recommendations to enhance legal certainty, accountability, and public trust in the digital financial ecosystem.
Kepastian Hukum Penerapan Doktrin Business Judgement Rule terhadap Keputusan Direksi Badan Usaha Milik Negara (BUMN) dalam Perkara Tindak Pidana Korupsi Naser, Andi; Kristiawanto, Kristiawanto; Maryano, Maryano
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 1 (2026): CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah, Januari 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i1.2239

Abstract

State-Owned Enterprises (SOE) cannot be separated from the role of the board of directors. However, decisions made by directors in good faith and with due care are frequently drawn into the realm of criminal law whenever state financial losses occur. In fact, losses in the business context do not necessarily constitute negligence or abuse of authority as stipulated under the Anti-Corruption Law, but may instead result from ordinary business risks or business losses. In this context, the Business Judgment Rule (BJR) doctrine emerges as a form of legal protection for directors, aimed at preventing the criminalization of bona fide business decisions. This research aims to examine the form of criminal liability of BUMN directors in corruption cases in Indonesia and to analyze the extent of legal certainty in the application of the Business Judgment Rule doctrine to decisions made by BUMN directors in corruption cases. The research employs a normative juridical legal research method. It applies several approaches, namely the statutory approach, conceptual approach, comparative approach, and case approach. The findings indicate that in the application of the Business Judgment Rule doctrine to decisions made by BUMN directors in corruption cases, directors’ decisions should not be subject to legal challenge, as the governance of BUMN corporate organs remains governed by the Company Law and the State-Owned Enterprises Law. Consequently, state losses arising from directors’ business decisions cannot be attributed to personal criminal liability. If shareholders—represented by the state—consider themselves to have suffered losses, legal remedies may be pursued through civil litigation by filing a claim before the court. As a recommendation, this study emphasizes the need for comprehensive regulations governing the application of the Business Judgment Rule doctrine in practice, in order to minimize disparities in judicial decisions and to ensure legal certainty for directors in their efforts to generate value and benefits for the corporation
PENERAPAN KEADILAN RESTORATIF DALAM TINDAK PIDANA KEPEMILIKAN SATWA LANGKA YANG DILINDUNGI DI INDONESIA Putrawan, I Nyoman Gede; Kristiawanto, Kristiawanto; Basuki, Basuki
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 1 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, April 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i1.2426

Abstract

This study aims to provide a juridical analysis of the ownership of protected wildlife by members of the public and to examine relevant law enforcement approaches, including the potential application of restorative justice. The issues addressed focus on the legal construction governing the ownership of protected wildlife, the formulation of criminal liability under statutory regulations, and the manner in which law enforcement may be implemented proportionally without undermining conservation objectives.The research employs a normative legal method using a statutory approach, a conceptual approach, and a systematic approach. The primary legal materials include the 1945 Constitution of the Republic of Indonesia, particularly Article 33 paragraph (3), Undang-Undang Nomor 5 Tahun 1990 tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya as amended by Undang-Undang Nomor 32 Tahun 2024, as well as implementing regulations such as Peraturan Pemerintah Nomor 7 Tahun 1999 tentang Pengawetan Jenis Tumbuhan dan Satwa and Peraturan Pemerintah Nomor 8 Tahun 1999 tentang Pemanfaatan Jenis Tumbuhan dan Satwa Liar. The study also considers Indonesia’s international commitments within the framework of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The findings indicate that protected wildlife falls under the regime of state control based on the principle of the state’s right to control natural resources as stipulated in Article 33 paragraph (3) of the Constitution. Unauthorized ownership of protected wildlife constitutes a formal criminal offense, which is deemed complete at the moment a person possesses or maintains protected species without lawful authorization, without the need to prove concrete ecological damage. Socio-cultural reasons, tradition, or ignorance of the law do not qualify as justifications or excuses under Indonesian criminal law. From an environmental law perspective, illegal ownership contradicts the precautionary principle and the principle of sustainable development, as it has the potential to disrupt ecosystem balance and accelerate species extinction. Nevertheless, in practical law enforcement, the principle of proportionality must be applied by distinguishing between offenders involved in organized illegal wildlife trade networks and non-commercial individual offenders. Under certain circumstances, restorative justice may be considered as an alternative resolution, provided that ecological restoration is ensured and conservation objectives are not weakened. This study concludes that unauthorized ownership of protected wildlife by the public constitutes an unlawful act and must be regarded as a threat to the sustainability of national biodiversity. Firm, proportionate, and integrated law enforcement, combined with preventive approaches, is essential to achieving effective wildlife protection.
Co-Authors Achmad Fitrian Agil, Marwan Akkapin, Supaphorn Anugerah, Listakeri S. Basuki , Chandra, Tofik Yanuar Christine Christine Dandel, Lukman Syafri Darodjat, Tubagus Achmad Effendy Nasution, Fachreja Hasibuan, Fauzie Yusuf Ismed, Mohamad Ismed, Mohammad Karinda, Frans Jomar Kilikily, Nikolas Johan Kusuma, Filiasari Laia, Aturkian Latif , Abdul Lawadinata, Alicia Avelina Marsauli, Yopanus Maryano, Maryano Muhamad, Fadel Muhammad Mustofa Munzir, Marinov Nainggolan, Marsudin Naser, Andi Oktafianto, Wahyu Dwi Paparang, Santrawan T Putrawan, I Nyoman Gede Rachmat Hidayat, Afif Ratna Dewi Rattanapun , Supot Romie, Romie Rudy Haryanto Saputra, Adji Sibero, Sari Maharani Tarigan Suganda, Atma Supono Supono T. Paparang, Santrawan Teepapal, Tanawat Te’dang, Yonika Winner Tuasela, Bernadus Alfons Tubalawony, Agnasia Marliana Zaenudin, Aa Muhamad