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All Journal JURNAL MAGISTER HUKUM UDAYANA LAW REFORM JURNAL LITIGASI (e-Journal) SALAM: Jurnal Sosial dan Budaya Syar-i Sriwijaya Law Review Journal of Indonesian Legal Studies Hasanuddin Law Review Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Ius Constituendum Undang: Jurnal Hukum Nagari Law Review JISIP: Jurnal Ilmu Sosial dan Pendidikan PALAR (Pakuan Law review) Jurnal Simbur Cahaya Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam LEGAL BRIEF Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Indonesia Law Review (ILREV) Jurnal Hukum Pidana dan Kriminologi Ex Aequo Et Bono Journal of Law Jurnal Hukum dan Pembangunan Journal of Law and Legal Reform JILS (Journal of Indonesian Legal Studies)
Nelson, Febby Mutiara
Fakultas Hukum, Universitas Indonesia Kampus UI Depok, Depok, Jawa Barat, 16424 Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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Cracking the Code: Investigating the Hunt for Crypto Assets in Money Laundering Cases in Indonesia Nelson, Febby Mutiara; Prosperiani, Maria Dianita; Ramadhan, Choky Risda; Andini, Priska Putri
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4534

Abstract

This study aimed to investigate the use of digital information and communication technology in the form of crypto assets as proceeds of crime in money laundering action, due to the multi-layered security of the blockchain. This phenomenon was presented on a global scale in transnational crimes, providing challenges for Indonesian law enforcement officials in hunting the crypto assets scattered outside its legal jurisdiction. The results showed that Police Investigators and General Prosecutors utilizing penal and non-penal approaches in performing the crypto assets tracing, seizing and recovering, which shows the importance of maintaining formal and informal cooperation with other countries through the Financial Intelligence Units (FIUs) and Interpol, besides developing domestic regulations in controlling the crypto assets physical trading. Due to legal uncertainty of storing and releasing crypto assets, the investigators and the prosecutors faced disagreement in determine the procedures, which then affected the asset recovery process of Indra Kesuma case. This study proposed potential models for effective management on confiscated crypto assets that law enforcement officials could adopt in recovering these assets such as seizure orders, confiscation orders, and pre-confiscation sale. This was a legal study conducted by collecting data through literature reviews and interviews.
Bridging the Gap of Ineffective Coordination in Indonesia: A Comparative Study on the Functional Differentiation and Dominus Litis Principle Nelson, Febby Mutiara; Aini, Abni Nur
Media Iuris Vol. 8 No. 3 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i3.77425

Abstract

The ongoing reform of the Indonesian Criminal Procedure Code (“KUHAP”) seeks to align with the new Criminal Code (“KUHP 1 Tahun 2023”), which will take effect in 2026. A central issue in this reform concerns the coordination mechanism between investigators and public prosecutors, particularly the tension between functional differentiation and the principle of dominus litis. While functional differentiation separates the roles of investigators and prosecutors, dominus litis positions the prosecutor as the main authority responsible for controlling the progress of criminal cases. This study employs doctrinal legal research combined with a comparative approach to examine coordination practices in the Netherlands, France, China, and Thailand. The findings reveal that functional differentiation under the 1981 KUHAP limits the prosecutor’s role as dominus litis (from the Latin term meaning “controller of the case”), resulting in disharmony in coordination between investigators and prosecutors. This lack of harmony leads to inefficiencies in the pre-prosecution process, including the recurring exchange of case files (bolak-balik perkara). In contrast, universal practice shows that early prosecutorial involvement during the investigation stage fosters mutual understanding and ensures accurate supervision, thereby minimizing procedural delays.Furthermore, by referring to Article 132 of the 2023 Criminal Code, this paper argues that the principle of functional differentiation should no longer apply in Indonesia. The new provision strengthens the prosecutor’s role as dominus litis, affirming that investigation is an inseparable part of prosecution.
Konsep Pengaturan Saksi Mahkota dalam Proses Peradilan: Suatu Perbandingan dalam Hukum Acara Pidana Indonesia dan Belanda Danusubroto, Alexia Sonia; Nelson, Febby Mutiara
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.241-252.2023

Abstract

Crown witnesses are witnesses who come from or are taken from one of the suspects or other defendants who jointly commit a criminal offence. In its application in criminal justice in Indonesia, the existence of crown witnesses is still a matter of debate between one another. This paper discusses the concept of crown witnesses in Indonesian criminal justice with perpetrator witnesses or better known as crown witnesses in Dutch criminal justice using the comparative law method. The similarities and differences that exist between the two legal systems are not intended to determine which legal system is better than the other, but are intended as a method to understand how the legal system in another country, namely the Netherlands. The results of the research show that crown witnesses and perpetrator witnesses generally have the same concept as each other, the regulation of crown witnesses is contained in SEMA Number 4 of 2011 which describes the determination of justice collaborators who are in the position of suspects not as the main perpetrators and the need for participation in the criminal act they are charged with. As for the regulation in the Netherlands, it is contained in the Dutch Criminal Code Procedure which is regulated in the terms crown witness and undertaking witness. There are several differences such as the determination of testimony by the prosecutor, the existence of an agreement before giving testimony in Dutch criminal justice, and the possibility of refusal to testify in Dutch criminal justice.
Politik Hukum Agraria untuk Hak Atas Tanah Ulayat bagi Pemenuhan HAM dan Kepentingan Publik Murni, Hidayati; Nelson, Febby Mutiara
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2154

Abstract

The political direction of agrarian law with regard to customary law and customary rights (beschikkingsrecht) of indigenous peoples during the Dutch colonial period wanted to unify and codify land law that applied to all groups of people based on the principle of concordance, but failed miserably, so that the pluralism policy was still applied. The current problem is in contemporary Indonesia, so it can be predicted that the prospect of pluralist customary rights of indigenous peoples must be maintained because it is in line with the mandate of the constitution in the upcoming reform era in the face of globalization by combining with efforts to reform agrarian law and land law through research on the political direction of customary rights law for the fulfillment of human rights or the public interest, The research method used by the author to conduct research is Juridical Nomaritf, the results of research in this study need to be followed up by mapping customary rights according to the rules of Geodesy, so that it is clear the extent of customary rights areas in the archipelago and ultimately can contribute to supporting the existence and legal certainty of customary rights in particular and land law for the public interest which will provide fulfillment of human rights.
PENERAPAN SANKSI PRAKTIK BISNIS CURANG SEBAGAI UPAYA MELINDUNGI KONSUME: SUATU KAJIAN PERBANDINGAN INDONESIA DENGAN BRUNEI DARUSSALAM Basry, Arianisti Zulhanita Putri; Nelson, Febby Mutiara
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 6, No 3 (2022): JISIP (Jurnal Ilmu Sosial dan Pendidikan)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v6i3.3354

Abstract

Perlindungan konsumen merupakan suatu sistem yang sangat penting dalam menjamin keselamatan maupun hak-hak dari konsumen pada saat melakukan transaksi jual-beli guna memenuhi kebutuhan sehari-harinya. Indonesia telah menetapkan Undang-Undang Perlindungan konsumen sebagai landasan hukum yang berlaku sebagai cara preventif dan kuratif dalam melindungi hak konsumen. Seperti halnya Indonesia, Brunei Darussalam sebagai sebuah negara juga memberikan beberapa pengaturan mengenai perlindungan konsumen. Hal ini ditujukan sebagai upaya dari negara Brunei Darussalam sendiri dalam menjamin maupun melindungi seluruh rakyat Brunei Darussalam yang berperan sebagai konsumen. Maka jurnal ini akan melakukan penelitian perbandingan peraturan sanksi atas pelanggaran di bidang hukum perlindungan konsumen di Indonesia dan Brunei Darussalam serta bagaimana contoh penerapan sanksi atas pelanggaran di bidang hukum perlindungan konsumen baik itu di Indonesia maupun di negara Brunei Darussalam
INITIAL COIN OFFERINGS AS AN ALTERNATIVE METHOD FOR RAISING CAPITAL: LEGAL CONSIDERATIONS AND REGULATORY SOLUTIONS IN INDONESIA Pasaribu, Juwita Patty; Nelson, Febby Mutiara; Santoso, Topo; Ari, Fransiska
Indonesia Law Review Vol. 15, No. 2
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Blockchain technology has been used in various sectors, notably in facilitating crypto asset transactions, specifically for processing an Initial Coin Offering (ICO) or token sales that were first introduced in 2013. In Indonesia, it can be observed that there are several legal issues in the execution that expose them to potential misuse in the ICO transaction, leading to criminal activities. Additionally, Indonesia was ranked as the second-highest country in the world to experience crypto asset fraud schemes in 2019. To address legal issues related to ICO, this study aims to provide a comprehensive legal assessment of ICO as a modern technology-based approach that is commonly used for raising organizational capital through the issuance of tokens. Following an analysis of the legal vulnerabilities in ICO and their impacts on the public, this study mainly proposes to regulate ICO in capital market law, which includes preventive legal measures and fundamental legal principles to protect the public. This study, using a comparative method, also explores the global prevalence and negativities associated with ICO, examines regulatory frameworks related to ICO in Switzerland and the United States, and identifies legal issues in the general use of blockchain technology, as well as emphasizes the needs of the Indonesian government’s response toin ensuring lawful legal certainty for legal actionICO, using a comparative method. Based on this assessment, it can be argued that strengthening the regulatory framework for ions of ICO, particularly in Indonesia, is crucial in preventing criminal actions related to in this transaction and ensuring legal protection as well as legal certainty for the public.
COMPARISON OF PSYCHOTROPIC NARCOTICS LAWS BASED ON INDONESIAN AND DUTCH LAW THE COMPARISON OF PSYCHOTROPIC NARCOTICS LAWS UNDER INDONESIAN AND DUTCH LAW Riska Ruth Verarussy; Febby Mutiara Nelson
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 3 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i3.2155

Abstract

The purpose of this study is to compare drug abuse is closely related to the distribution of illegal goods which is one of the criminal offenses throughout the world, especially in Indonesian and Dutch law. as the Criminal Code (KUHP) as a Dutch colonial legacy. During the Dutch colonial government, the Wetboek van Strafrecht voor Nederlands-Indie (Staatsblad 1915: 732) was enforced. Drugs and psychotropic substances can cause death if abused. The Netherlands allows the use of narcotics while Indonesia considers the use of narcotics to be illegal. The method used in this research is the method of legal comparison of the legal system of Indonesia and the Netherlands against the law of Narcotics and Psychotropic Drugs applied. The results of this study indicate that Indonesia and the Netherlands both apply the civil law system. The purpose is to find out the differences and similarities of criminal law of narcotics and psychotropic drugs Indonesia with the Netherlands. Indonesia designed legislation to prohibit the use and distribution of narcotics, while the Netherlands designed legislation only to limit the amount of use and the amount of drug distribution.
PENGARUH TRIAL BY THE PRESS TERHADAP PENEGAKAN HUKUM PIDANA DI INDONESIA Pardede, Sonora Gokma; Nelson, Febby Mutiara
LITIGASI Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i2.10259

Abstract

Press coverage on criminal news has allegedly conducted trial by the press. Media seems to take the role as law enforcement by searching for evidence, interviewing witnesses, analyzing the case and at the end judging based on their opinion towards the criminal case. Trial by the press certainly contradict the principle of presumption of innocence and the fair trial. Trial by the press often found when reporting the news of murder case of Brigadier Yosua and the domestic violence case of Valencya. This research studied about the impact of trial by the press on the process of criminal law enforcement in Indonesia and how the media covers the criminal case to avoid trial by the press. The research method used is juridical normative with conceptual analysis, statute approach and case analysis. The findings of the research are that trial by the press resulted in trial by the public where people conclude their own judgment of one particular case. Post entry into force of the New Penal Code, alleged media conducting trial by the press is subject to imprisonment and fine under Article 281 of the New Penal Code Keywords: Trial by The Press, Pers, Presumption of Innocent, Fair Trial.
Asset Forfeiture through Non-Conviction Based Asset Forfeiture and Management of Criminal Proceeds Assets: A Comparative Study with the United States and Thailand Anisa, Tasya; Nelson, Febby Mutiara
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4183

Abstract

Confiscation is based on the principle that the proceeds of crime must be confiscated, because the convicted person should not benefit from the crime he committed. The procedure for handling confiscated property is something that needs to be regulated. So it is very important in a rule to determine who is responsible for taking the seized goods and holding them, where they should be stored, and what will be done with them. This paper compares and contrasts the NCB non-conviction based asset forfeiture rules owned by Indonesia, the United States and Thailand as well as the responsibilities in managing assets based on the results of confiscation and confiscation owned by these countries. The selection of the United States as a comparison country in this paper is based on the fact that countries that adhere to the common law legal system have commonly practiced the concept of NCB asset forfeiture as an activity in confiscating and seizing assets and the United States has been implementing the concept for decades. While in the Southeast Asian region, Thailand is one of the countries that has long implemented the concept of NCB asset forfeiture and has an independent institution
The Conflict between Mining Law and Anti-Corruption Law in Indonesia’s Extractive Sector: A Study of Legal Justification and Judicial Reasoning Pandiangan, Marolop; Harkrisnowo, Harkristuti; Nelson, Febby Mutiara
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 9 Issue 1 (2026) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v9i1.14411

Abstract

Corruption in Indonesia’s extractive industry has generated significant state revenue losses, regulatory distortions, and environmental harm. A key legal issue arises from the concurrent use of the Anti-Corruption Law and the Mineral and Coal Mining Law in addressing offenses within the sector, raising questions regarding legal certainty and the proper application of the lex specialis principle. This study examines the legal justification for applying the Anti-Corruption Law to mining-related offenses, analyzes judicial reasoning in relevant court decisions, and formulates a framework for criminal policy reconstruction. This research employs a normative legal method, combining statutory, conceptual, and case approaches. It critically analyzes legislative frameworks alongside selected judicial decisions to identify patterns of interpretation and enforcement. The study further situates these findings within theories of lex specialis, legal certainty, and utilitarian deterrence. The results demonstrate that the application of the Anti-Corruption Law is often justified by courts based on broader notions of state financial loss and deterrence objectives. However, this approach has led to interpretative inconsistencies, particularly in distinguishing between administrative violations under mining law and criminal acts qualifying as corruption. Such inconsistencies reflect an unresolved tension between sector-specific regulation and general anti-corruption enforcement. This study argues that the core issue lies not merely in normative overlap, but in the absence of clear doctrinal boundaries and coherent judicial standards. Accordingly, it proposes regulatory harmonization, strengthened interpretative guidelines, and an integrated criminal policy framework that combines penal, administrative, and restorative mechanisms to promote legal certainty, accountability, and sustainable governance in Indonesia’s extractive industry
Co-Authors Aini, Abni Nur Andini, Priska Putri Anisa, Tasya Annisa Maudi Arsela Ari, Fransiska Athika Salsabilla Harahap Ayuningsih, Irma Reisalinda Azalia Delicia Dumanauw Basry, Arianisti Zulhanita Putri Choky Risda Ramadhan, Choky Risda Danusubroto, Alexia Sonia Edwin Ligasetiawan Emilka Nuradanta Fatmawati Parenrengi Febrian Harkristuti Harkrisnowo Haykal Hafizul Arifin Intan Hendrawati Jatna, R Narendra Laras Adysti Nariswari Leonardus Agung Putra Utama Murni, Hidayati Nadya Farras Indriati Neisa Angrum Adisti Pandiangan, Marolop Panji Purnama Pardede, Sonora Gokma Pasaribu, Juwita Patty Pricilla Amelinda Jacob Pricilla Amelinda Jacob Prosperiani, Maria Dianita Rafiqa Qurrata A’yun Rafiqa Qurrata A’yun Riska Ruth Verarussy Rizky Adi Nugraha Saputra, Rakha Naufal Simanjuntak, Melva Retta Ruby Sondang, Esther Melinia Soplantila, Valentino Dinatra Tasya Anisa Topo Santoso Topo Santoso Ubwarin, Erwin