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All Journal Yustisia JHCLS Justice Dialectical
Bambang Sugeng Rukmono
The General Attorney for Private Affairs and State Administration
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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THE ROLE OF SUPERVISORY JUDGE IN THE BANKRUPTCY OF FOUNDATION Bambang Sugeng Rukmono
Yustisia Vol 8, No 1: April 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i1.28000

Abstract

This article aims to find out how is the role of judges in overseeing the supervisory curator during the liquidation of the Foundation assets which is experiencing bankruptcy, as mandated in The Act No. 28 of 2004 about The Changes of Act no. 16 of 2001 about the Foundation and Act No. 37 of 2004 about Bankruptcy and Suspension of Payments of Debt. This Legal research is doctrinal and perspective. Source of the legal materials are used in the form of primary and secondary legal materials. The technique used in collecting the legal materials is study of librarianship. The technique used is analysis and interpretation of syllogism by using deductive thinking pattern. The results of the research and study produce a conclusion that these forms of control can be exercised by Supervisory Judge in supervising liquidation process while the curator of Foundation who has experienced bankruptcy is to provide licensing, approval, awarding, and proposal to curators in conducting the management and liquidation of bankrupt assets of foundation. Additional supervision conducted by Supervisory Judge is reporting responsibility of curator against the Builder ofthe Foundation regarding to the results of process of liquidation of Foundation’sassets which suffered bankruptcy. In addition, Supervisory Judge also examine the results of liquidation which is performed by curator over the clearing of the foundation’s assetswhich is experiencing bankruptcy.
The Effectiveness of Recovering Losses on State Assets Policy in Dismissing Handling of Corruption Rukmono, Bambang Sugeng; Suwadi , Pujiyono; Saiful Islam , Muhammad
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i2.259

Abstract

The recovery of state financial losses due to corruption in Indonesia does not reduce the criminal risk for corruptors, and the purpose of this study is to examine the effectiveness of asset forfeiture from corruption in Indonesia. This comparative normative legal research compares the recovery of state losses due to corruption in Indonesia and Saudi Arabia. This research confirms that. First, the current legal framework for collecting and seizing corruption-related assets in Indonesia must be revised to recover state financial losses. Second, the existing mechanisms need to be improved for law enforcement against corruption, particularly the recovery of state losses. When compared to Saudi Arabia, the mechanism for recovering corruption assets in Indonesia is less efficient, considering that in Saudi Arabia, corruptors may lose 70% of their wealth confiscated by the Saudi Arabian government. Third, the seizure of corrupt assets in Indonesia must use the paradigm of unexplained wealth. This approach allows for confiscating assets belonging to people whose value is grossly disproportionate to their known income and who cannot prove (using reverse proof) that they acquired the assets legally.
Reforming Deelneming Doctrine in State Financial Loss Crimes Bambang Sugeng Rukmono; Roberth Jimmy Lambila; Yessentemirova Aigul Maratovna
Jurnal Justice Dialectical Vol 3 No 1 (2025): Journal of Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v3i1.67

Abstract

Corruption involving state financial losses remains prevalent in Indonesia, often exacerbated by the ambiguity and divergent interpretations of legal norms, particularly the doctrine of deelneming (criminal participation). The inconsistent and politically influenced application of this doctrine has contributed to legal uncertainty in corruption prosecutions. This study aims to reconstruct deelneming in the context of corruption to enhance legal certainty and promote proportional criminal liability. Employing a normative juridical method, it analyzes legal theories, legislation, and judicial decisions. Findings reveal that the application of deelneming—notably under Article 15 of the Corruption Law and the broad interpretation of Articles 2 and 3—is frequently inconsistent and discriminatory, treating all forms of participation uniformly regardless of intent or role. The study proposes a doctrinal reconstruction grounded in intent theory, causality, and tacit cooperation, streamlining participation into medeplegen (co-perpetration), uitlokking (incitement), and medeplichtige (accomplice), while eliminating plegen and doenplegen. This reconceptualization seeks to reframe deelneming as a foundational legal principle rather than a mere procedural tool, ultimately fostering a fairer and more proportionate framework for criminal liability in corruption cases.
Co-Authors Roberth Jimmy Lambila Saiful Islam , Muhammad Suwadi , Pujiyono Yessentemirova Aigul Maratovna