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All Journal Lentera Hukum UNEJ e-Proceeding PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Konstitusi JURNAL RECHTENS Jurnal Suara Hukum Indonesian Journal of Law and Society Jurnal Konstitusi Suloh : Jurnal Fakultas Hukum Universitas Malikussaleh Yuridika Jurnal Kajian Konstitusi Jurnal Legislasi Indonesia Rechtenstudent Journal
Gautama Budi Arundhati, Gautama Budi
Universitas Jember
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Paradigm Shift in Law Enforcement in State-Owned Enterprises: An Analysis of the Restrictions on the Role of KPK Pujiwati Wiantin; Gautama Budi Arundhati; Al Khanif
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i3.391

Abstract

This study is motivated by the dual role of State-Owned Enterprises (BUMN) as business actors and agents of national development, which makes them vulnerable to governance issues, including corruption and abuse of authority. The supervision by the Corruption Eradication Commission (KPK), which has been crucial, becomes limited after the removal of the status of state administrators for SOE officials based on Law No. 1 of 2025. This creates new challenges in maintaining SOE accountability, thus requiring strengthening of supervisory mechanisms through civil law and the application of Good Corporate Governance principles. This study uses a normative legal approach with doctrinal legal research, focusing on normative-conceptual analysis of the paradigm shift in law enforcement in State-Owned Enterprises (BUMN), particularly the limitation of the Corruption Eradication Commission’s (KPK) authority from a civil law perspective. The research method combines three approaches: the statutory approach to review relevant regulations, the conceptual approach to explore applicable legal principles and theories, and the case approach to analyze court decisions related to law enforcement against SOE officials.
State Financial Losses Recovery Through Asset Forfeiture Raden Yudhi Teguh Santoso; Ainul Azizah; Gautama Budi Arundhati
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i2.342

Abstract

Indonesia, as a state governed by law (rechtstaat), guarantees the protection of its citizens' constitutional rights, including economic rights. However, the existence of corruption classified as an extraordinary crime has undermined the nation’s economic foundations and deprived the people of their economic entitlements. Law enforcement against corruption must not only focus on punishing perpetrators but also prioritize the recovery of state losses through the mechanism of asset forfeiture derived from criminal acts. This study examines the urgency and dynamics of asset forfeiture within the framework of Indonesia's positive law, including the relevance of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, and the Indonesian Penal Code (KUHP) of 2023. Furthermore, it discusses the concept of non-conviction based asset forfeiture and the need for a specific Asset Forfeiture Law as a manifestation of the state's commitment to restoring state finances and upholding the rule of law. This research also analyzes the strategic role of the Prosecutor's Office in the asset recovery process, as well as institutional challenges and inter-agency coordination issues in its implementation.
The Paradigm Shift in Law Enforcement in State-Owned Enterprises: An Analysis of the Restrictions on the Role of KPK Pujiwati Wiantin; Gautama Budi Arundhati; Al Khanif
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i3.391

Abstract

This study is motivated by the dual role of State-Owned Enterprises (BUMN) as business actors and agents of national development, which makes them vulnerable to governance issues, including corruption and abuse of authority. The supervision by the Corruption Eradication Commission (KPK), which has been crucial, becomes limited after the removal of the status of state administrators for SOE officials based on Law No. 1 of 2025. This creates new challenges in maintaining SOE accountability, thus requiring strengthening of supervisory mechanisms through civil law and the application of Good Corporate Governance principles. This study uses a normative legal approach with doctrinal legal research, focusing on normative-conceptual analysis of the paradigm shift in law enforcement in State-Owned Enterprises (BUMN), particularly the limitation of the Corruption Eradication Commission’s (KPK) authority from a civil law perspective. The research method combines three approaches: the statutory approach to review relevant regulations, the conceptual approach to explore applicable legal principles and theories, and the case approach to analyze court decisions related to law enforcement against SOE officials.
Illicit Enrichment and Human Rights: Comparative Legal Policy in Indonesia and Poland Ismail Marzuki; I Gede Widhiana Suarda; Fanny Tanuwijaya; Gautama Budi Arundhati
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n1.p301-323

Abstract

Corruption in Indonesia has been classified as an extraordinary crime; however, the absence of an illicit enrichment offense has resulted in law enforcement primarily targeting the symptoms of corruption rather than its root cause, namely the accumulation of disproportionate and unexplained wealth. This condition creates an urgent need to examine the potential criminalization of illicit enrichment while ensuring the protection of human rights. This study aims to analyze the construction of legal policy in Indonesia and Poland and to assess the extent to which criminal law policies concerning illicit enrichment in both jurisdictions integrate fundamental principles of criminal law and human rights within their normative design. The research employs a normative legal method, applying both comparative and conceptual approaches. The findings indicate that Indonesia remains in a transitional phase between the orientations of state efficiency and defendant’s rights, whereas Poland places greater emphasis on rights protection through the mechanism of extended confiscation. The criminalization of illicit enrichment can only be justified if it is formulated with precision and proportionality in order to maintain a fair balance between the effectiveness of anti-corruption enforcement and the protection of fundamental human rights.
Co-Authors Achmad Hasan Basri Afera, Gebrekiros Goytom Ainul Azizah Aisyah, May Fadha Al Khanif Al Khanif Aninda Novedia Esafrin Antikowati Antikowati Awaludin Marwan Ayu Megawati Bayu Dwi Anggono Dominikus Rato Fanny Tanuwijaya Firman Floranta Adonara Gebrekiros Goytom Afera I Gede Widhiana Suarda Khanif, Al Koesrianti Koesrianti Lina Hastuti Marzuki, Ismail Muhammad Bahrul Ulum Nur Kholis Nuzulia Kumala Sari Pujiwati Wiantin Raden Yudhi Teguh Santoso Ratih Listyana Chandra Rosita Indrayati Samuel Saut Martua Samosir Santoso, Dimas Bagus