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All Journal Kertha Semaya JURNAL MAGISTER HUKUM UDAYANA 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 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 Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Antara Tuntutan dan Kesepakatan: BLBI dan Era Deferred Prosecution Agreement Simanjuntak, Melva Retta Ruby; Nelson, Febby Mutiara
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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

Abstract

This article discusses the settlement of criminal cases through Deferred Prosecution Agreement (“DPA”) procedures, particularly in the context of the Bantuan Likuiditas Bank Indonesia (“BLBI”) Case. The purpose of this discussion is to find a mechanism for settling criminal cases that aligns with principles of simple, fast, and cost-effective justice, especially in cases involving corporations. The focus of the article includes two aspects: the impact of using DPA mechanisms in resolving criminal cases and the impact of using DPA mechanisms in improving the efficiency of BLBI case resolution. The method used in this research is a doctrinal study focusing on research regarding rules, principles, and norms related to the settlement of criminal cases, specifically using the DPA mechanism. In the BLBI case, it is known that the case was settled through a non-criminal mechanism using the Master Settlement Acquisition Agreement (“MSAA”). MSAA is an application of the Non-Prosecution Agreement (“NPA”) mechanism because there was no involvement of Prosecutors and Courts in drafting the MSAA. If at that time the government had chosen the DPA mechanism, the settlement of the BLBI case could have been faster. This is because in DPA, Prosecutors can immediately prosecute if the party fails to comply with the terms of the agreement within the specified time. Thus, it would no longer be necessary to involve the criminal justice system process starting from the investigation stage. Keywords: Deferred Prosecution Agreement (“DPA”), BLBI case, corporations.
Perampasan Aset Tanpa Pemidanaan dalam Perspektif Hukum Responsif Ayuningsih, Irma Reisalinda; Nelson, Febby Mutiara
Jurnal Ius Constituendum Vol. 7 No. 2 (2022): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v7i2.5142

Abstract

This research aims to  analyze  the implementation of asset forfeiture resulting from criminal acts in Indonesia and compare it with implementation in Australia from a responsive legal perspective. The results of this comparison are expected to provide solutions to the problem of implementing asset forfeiture in Indonesia. This research needs to be discussed more because the practice of asset forfeiture in Indonesia cannot recover state financial losses. The research method used in this study is a normative juridical research method using legal comparisons. The novelty of this study is to compare the implementation of  non-conviction  based asset forfeiture  in Australia and add examples of criminal cases. This research concluded that the asset forfeiture with criminal forfeiture in Indonesia  implemented based on existing laws and regulations have not been able to accommodate the social needs of the community in the return of state financial losses, as practiced in Australia. Therefore, Indonesia needs to establish a law on  non-conviction based asset forfeiture  whose regulatory material refers to the 36 (thirty-six) key concepts of  non-conviction  based asset forfeiture.  Penelitian ini bertujuan untuk menganalisis pelaksanaan perampasan aset hasil tindak pidana di Indonesia dan membandingkannya dengan pelaksanaan di Australia ditinjau dari perspektif hukum responsif. Hasil perbandingan ini diharapkan memberikan solusi atas permasalahan pelaksanaan perampasan aset di Indonesia. Penelitian ini dilatarbelakangi oleh praktik pelaksanaan perampasan aset hasil tindak pidana di Indonesia yang tidak dapat mengembalikan kerugian keuangan negara. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian yuridis normatif dengan menggunakan perbandingan hukum. Kebaruan dari penelitian ini adalah dengan membandingkan pelaksanaan perampasan aset tanpa pemidanaan di Australia serta menambahkan contoh kasus tindak pidana. Penelitian ini menyimpulkan bahwa perampasan aset dengan pemidanaan atau criminal forfeiture di Indonesia yang dilaksanakan berdasarkan peraturan perundang-undangan yang berlaku saat ini belum dapat mengakomodir kebutuhan sosial masyarakat dalam pengembalian kerugian keuangan negara, sebagaimana dipraktikkan di Australia. Indonesia perlu membentuk suatu peraturan perundang-undangan perampasan aset tanpa pemidanaan yang materi pengaturannya mengacu pada 36 (tiga puluh enam) konsep kunci perampasan aset tanpa pemidanaan.  
Financial Service Provider and Online Sexual Exploitation of Children: A Lacunae in Indonesia Legal Framework? Nelson, Febby Mutiara; Santoso, Topo
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.14264

Abstract

Online sexual abuse and exploitation of children is a serious global issue nowadays. In Indonesia, data from the Ministry of Women’s Empowerment and Child Protection (KemenPPA) shows that the number of reported child violence cases reached 24,158 in 2023. Of this total, sexual violence was the most common, with 10,932 cases. The key problem lies in the gap within the Legal Framework for addressing Child Sexual Exploitation in Indonesia. The issue is becoming more serious because the financial sector also plays a role, as perpetrators use financial means to carry out their actions. This has not been adequately addressed by Indonesia’s legal framework. Although Indonesia has prohibited and imposed penalties for perpetrators of child sexual exploitation and online sexual exploitation (for example, through the Criminal Code, Child Protection Law, Law on Sexual Violence, Pornography Law, and Electronic Information and Transactions Law), efforts to address the misuse of the financial sector by perpetrators have not been reflected in laws governing the financial services sector (such as the Indonesia Financial Services Authority Law, Banking Law, Indonesia Financial Services Authority Regulations, etc.). This paper, through a doctrinal research approach, examines the extent to which Indonesia’s legal framework addresses child sexual exploitation in accordance with international standards, conventions, trends, and developments. By analyzing how other countries—such as England, Wales, Sweden, the United States, and Australia—handle child sexual exploitation, particularly in relation to financial service providers, Indonesia can learn valuable lessons. In conclusion, this paper finds that Indonesia’s legal framework is insufficient to address child sexual exploitation and abuse involving financial means.
Reformulation of Corporate Liability Implementation in Money Laundering Crimes Novian, Muhammad; Santoso, Topo; Nelson, Febby Mutiara
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.19999

Abstract

Money laundering crimes (ML) are currently committed not only by individuals but also by corporations. The provisions of Money Laundering Crimes (MLC Law) regulate corporations, specifically Limited Liability Companies (PTs). However, since the enactment of MLC Law, only five legally binding rulings have involved corporations as perpetrators of ML offenses. In these rulings, there are several errors in the application of law. These errors include the fulfillment of the benefit element only being met when there is an increase in wealth, overlooking other circumstances such as a decrease in liabilities that the company must pay or use for its operations. Furthermore, in another ruling, the panel rejected the additional criminal charge of dissolving the corporation, with the legal reasoning that MLC Law does not regulate corporate dissolution. There are several rulings in which limited liability companies (PTs) were named as suspects but were ultimately found not guilty because the element of intent to conceal or disguise the origin of assets derived from criminal offenses was not fulfilled. This paper then compares several ML cases that occurred in the UK involving PTs, reflecting on some of these cases. In this paper, the author propose several ideas for the application of MLC Law, particularly for PTs involved in ML offenses. The methodology employed is doctrinal research. The paper emphasizes the necessity of optimizing sanctions against corporations that violate the MLC Law, not only in their capacity as perpetrators of money laundering but also for failing to fulfill obligations stipulated under the law.
Factors of politeness as reason for mitigation in judge's decision: Is it still relevant to be maintained? Nelson, Febby Mutiara; Saputra, Rakha Naufal
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 1: (July) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i1.2025.1847

Abstract

Background: Judges play a crucial role in the judicial process. According to Article 1 point 8 of Law Number 8 of 1981 on Criminal Procedure (KUHAP), a judge is a state official authorized to adjudicate cases. Their duties include examining, deciding, and resolving cases. In making decisions, judges consider both aggravating and mitigating factors. Aggravating factors may include the defendant having previous convictions, while mitigating factors may include polite behavior during court proceedings. This article focuses on polite behavior as a mitigating factor. It explores how judges assess politeness in court and whether this factor remains relevant in modern criminal case decisions. Methods: To answer this problem, the author researches using the socio-legal method, where the author will examine the problem with legal norms governing polite elements as a reason for mitigation and supported by surveys to support data from existing norms and decisions related to this matter. Findings: Judges still consider the element of modesty as a reason to mitigate punishment in criminal cases. From the results of a survey of 76 judges from 64 courts, 49 respondents stated that the element of civility is still relevant to be maintained in the judicial process. Factors considered by judges as indicators of the defendant's civility in court include polite language, cooperative attitude, and non-verbal expressions that show respect for the trial process. Conclusion: This research shows that the element of modesty is still considered relevant by the majority of judges as a mitigating consideration. The defendant's demeanor in court can signal remorse and good faith which influences the judge's decision. Novelty/Originality of this article: This research combines a normative approach and socio-legal methods that are rarely used in the study of mitigating circumstances. A survey of 76 judges from different regions and ethnic backgrounds in Indonesia provides valuable insights into the actual practice of civility considerations in trials. This article confirms that the relevance of modesty is not just a formal tradition, but also reflects important social and cultural dynamics in the judicial process in Indonesia.
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.
Reconstruction of Coercive Measures in the Indonesian Corruption Criminal Justice System Asnawi; Febrian; Nashriana; Nelson, Febby Mutiara
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6701

Abstract

This study examines the reconstruction of coercive measures within Indonesia’s criminal justice system for corruption cases, with a focus on procedural disparities among law enforcement agencies and the urgency for reform in criminal procedural law. The legal issues addressed include the disharmony in implementing coercive actions—such as arrest, detention, search, and seizure—among institutions like the Police, the Prosecutor's Office, and the Corruption Eradication Commission (KPK). The aim of this research is to formulate a direction for reconstructing a more integrated and just system of coercive measures in handling corruption cases. The study adopts a normative juridical method, utilizing statutory and conceptual approaches, and is analyzed qualitatively. The novelty of this research lies in its proposed design of a coercive measures system based on institutional integration and the principle of due process of law, which has not yet been explicitly regulated in Indonesia's current legal framework. The findings reveal overlapping authorities and procedural inconsistencies that hinder the effectiveness of law enforcement. The main recommendation is to revise the Indonesian Code of Criminal Procedure (KUHAP) by incorporating coordinating norms among institutions and standardized procedures for coercive measures in corruption cases, in order to ensure accountability and the protection of suspects' fundamental rights.
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.
Co-Authors Aini, Abni Nur Andini, Priska Putri Anisa, Tasya Annisa Maudi Arsela Ari, Fransiska ASNAWI 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 Fachry Abda El Rahman Fatmawati Parenrengi Intan Hendrawati Laras Adysti Nariswari Leonardus Agung Putra Utama Murni, Hidayati Nadya Farras Indriati Nashriana Novian, Muhammad Panji Purnama Pasaribu, Juwita Patty Pricilla Amelinda Jacob Prosperiani, Maria Dianita Rafiqa Qurrata A’yun Rizky Adi Nugraha Saputra, Rakha Naufal Simanjuntak, Melva Retta Ruby Sondang, Esther Melinia Sonora Gokma Pardede Tasya Anisa Topo Santoso