Nabilla Desyalika Putri
Fakultas Hukum Universitas Brawijaya

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Innovation or Fraud? The Modus Operandi of Investment Startups and the Voidance of the Business Judgment Rule Aditya, Lucky Elza; Widodo, Kartika Youri; Musyarri, Fazal Akmal; Putri, Nabilla Desyalika
Jurnal Analisis Hukum Vol. 9 No. 1 (2026): Accepted Issue
Publisher : Universitas Pendidikan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38043/jah.v9i1.7510

Abstract

The rapid expansion of digital investment startups in Indonesia has contributed significantly to economic growth and financial inclusion. However, this development has also given rise to serious allegations of misconduct in the management of public funds. Cases involving eFishery, Investree, TaniHub, and Akseleran reveal indications of financial statement manipulation, conflicts of interest, non-transparent fundraising practices, and failures in risk management. These circumstances raise complex legal questions concerning the boundary between legitimate business misjudgment and corporate economic crime. This study aims to normatively examine whether the conduct of digital investment startups remains protected under the Business Judgment Rule (BJR) or instead fulfills the legal elements of economic criminal offenses. The research employs a normative legal methodology, incorporating statutory, conceptual, and case-based approaches. The findings indicate that practices such as financial statement manipulation, fictitious transactions and borrowers, and the concealment of material information constitute structured fraudulent conduct that effectively nullifies the protection afforded by the BJR. The principal contribution of this study lies in articulating a clearer doctrinal boundary between permissible business risk and digital economic crime, while strengthening the legal foundation for the application of corporate criminal liability to digital investment startups.
Critical Analysis of the Child's Best Interest Principle in Lamongan's 2025 Juvenile Criminal Verdicts Hidayah, Nur; Putri, Nabilla Desyalika
Jurnal Ilmu Kepolisian Vol 20 No 1 (2026): Jurnal Ilmu Kepolisian Volume 20 Nomor 1 Tahun 2026
Publisher : Sekolah Tinggi Ilmu Kepolisian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35879/jik.v20i1.713

Abstract

This study emphasizes the importance of applying the child's best interest principle within the juvenile criminal justice system, a core concept recognized both internationally and nationally. This principle views children as legal entities entitled to protection, focusing on guidance, rehabilitation, and their prospects. Although Indonesia has incorporated this principle into many regulations, especially Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, there remains a gap between legislative provisions and practical enforcement. This is evident in the continued use of a repressive approach in juvenile court rulings, such as at Lamongan District Court in 2025. This study employs a normative legal research method, using both a statutory approach and a case study approach. The data includes primary legal sources like legislation and six juvenile case rulings from Lamongan District Court in 2025. Secondary sources, such as scholarly books and journals, are also used. The analysis follows a descriptive-qualitative method to evaluate how closely judicial practices follow the legal principles of the child's best interests. The findings reveal that the application of the child's best interest principle in these rulings has been inconsistent and suboptimal. Despite efforts to combine criminal sanctions with vocational training, rulings mostly remain repressive. Diversion processes have not been fully implemented, even when cases meet the criteria. Moreover, the recommendations from the Correctional Institution's reports have not been fully integrated into decision-making. This indicates that a restorative approach is still weakly practiced, and there is a gap between legal norms and judicial procedures. Therefore, it is essential to strengthen institutions, enhance the capacity of law enforcement officers, and promote a shift towards a more rehabilitative, child-centred approach.