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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal Ius Constituendum Jurnal Ilmiah Mahasiswa Bidang Hukum Keperdataan JURNAL MERCATORIA Administrative and Environmental Law Review Kanun: Jurnal Ilmu Hukum Green Social: International Journal of Law and Civil Affairs International Conference on Social Science
Darmawan Darmawan
Universitas Syiah Kuala
Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Liability for Asset Forfeiture in Indonesia Concerning Drug Traffickers Jhoni Fernando Sinaga; Mahmud Mulyadi; Marlina Marlina; Darmawan Darmawan
Proceedings of the 1st International Conference on Social Science (ICSS) Vol. 4 No. 1 (2025): Proceedings of the 6th International Conference on Social Science (ICSS)
Publisher : Green Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/icss.v4i1.234

Abstract

The concept of criminal responsibility, involving both mens rea (mental state) and actus reus (physical act), is essential in determining liability for criminal acts in Indonesia. In narcotics trafficking cases, the application of these elements plays a crucial role in establishing accountability, especially when it comes to asset forfeiture. However, there are challenges in effectively applying these principles, particularly the concept of strict liability, which remains unclear in certain legal provisions regarding asset seizure. The research aims to analyze how mens rea and actus reus are applied in narcotics-related crimes in Indonesia and their implications for asset confiscation. Using case studies and legal analysis, the research identifies gaps in the application of strict liability and highlights inconsistencies in the law. The results show that although the principle of strict liability is implicitly applied in the Narcotics Law, there is a lack of clarity in its implementation, which leads to inconsistencies in the legal process. This research highlights the need for clearer legal frameworks and more consistent application of strict liability to enhance the effectiveness of narcotics crime deterrence. The implications of this research suggest that legal reforms are necessary to improve asset seizure processes and overall law enforcement effectiveness in Indonesia, providing a foundation for future research on the integration of criminal and civil aspects in narcotics cases.
Intellectual Property Rights as Joint Property from a Comparative Legal Perspective in Indonesia, the United States, and Europe Yudika Dwi Erwanda; Darmawan Darmawan; Azhari Azhari
Green Social: International Journal of Law and Civil Affairs Vol. 3 No. 2 (2026): June: International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v3i2.293

Abstract

This study examines the regulation of copyright royalties as joint property in Indonesia, the United States, and Europe, aiming to provide recommendations for better legal implementation. The research employs a normative juridical method with a comparative legal approach, utilizing library research and qualitative analysis of primary and secondary legal materials. The findings indicate that Indonesia, the United States, and Europe share common ground in recognizing royalties derived from copyright as joint property when such economic benefits are obtained during marriage. However, significant differences exist in their approaches. European countries, particularly Spain and the Republic of Moldova, clearly distinguish between exclusive rights and economic rights, where copyright remains the creator's personal property while royalties are classified as joint property. The United States demonstrates considerable flexibility through state-level regulations, adopting either community property systems or equitable distribution systems. Indonesia, through Decision No. 1622/PDT.G/2023/PA.JB, has begun recognizing royalties as joint property. Nevertheless, Indonesia still requires clearer and more comprehensive regulations to ensure legal certainty regarding the status of royalties as joint property and their distribution following divorce. This study contributes to developing legal frameworks that balance protecting creators' personal rights with the principle of fairness in family law.
Management of Confiscated Assets by the Prosecutor's Office: A Comparative Study between Indonesia and the United States Adi Tyogunawan; Mohd. Din; Rizanizarli Rizanizarli; Darmawan Darmawan; Jalal Johari
Administrative and Environtmental Law Review Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i1.4955

Abstract

The management of confiscated assets is an important aspect of governance in law enforcement and public financial administration. Confiscated assets function not only as consequences of criminal sanctions but also as state assets that must be managed in an orderly and accountable manner consistent with good governance principles. In Indonesia, the Indonesian Attorney General’s Office holds authority to execute final court decisions, including the management of confiscated and forfeited assets. In practice, administrative challenges persist, including limited technical regulations, weak asset governance, and the underutilization of economically valuable assets. This study analyzes the management of confiscated assets by the Indonesian Attorney General’s Office and compares it with the system in the United States using normative legal research with statutory and comparative approaches. The findings show that asset management in Indonesia remains focused on executing court decisions and is not fully integrated with productive state asset governance, while the United States has developed a more comprehensive model through criminal, civil, and administrative forfeiture supported by specialized institutions and stronger accountability. The study highlights the need to strengthen Indonesia’s regulatory framework and institutional capacity to ensure legal certainty and optimize public financial benefits through improved coordination, adequate storage facilities, stronger security standards, trained personnel, and more efficient auction mechanisms for valuable assets.
Co-Authors Adi Tyogunawan Azhari Azhari Azhari Yahya Cut Syakira Nafia Tasya Dahlia Farida Hamid Sarong Jalal Johari Jhoni Fernando Sinaga Juandra Juandra Khalid Khalid Mahmud Mulyadi Marlina, Marlina Mohd Din Mohd. Din Muhammad Gaussyah Mutiara Marni Rizanizarli, Rizanizarli Rizki Wahyudi Suud, Fitriah M Tajus Subki Yudika Dwi Erwanda