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Islamic Law Analysis of the Prosecutor's Authority in Asset Forfeiture from Corruption Utama, Budi; Angkasa, Angkasa; Prayitno, Kuat Puji; Sudrajat, Tedi; Najib, Muhammad Ainun
Al-Ahkam Vol. 35 No. 2 (2025): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.2.26343

Abstract

Efforts to recover assets resulting from corruption remain hindered by legal loopholes and concealment strategies, especially when offenders register illicit assets under the names of third parties. This study explores how prosecutors perceive the legitimacy of such assets and their views on the necessity of reforming Indonesia’s asset forfeiture framework. Using a qualitative empirical design, the research is based on semi-structured interviews with four prosecutors who have handled corruption cases involving complex asset ownership. The findings reveal that prosecutors consistently view these assets as materially and morally illegitimate, even if formally registered under others' names. They also support introducing a non-conviction-based asset forfeiture (NCBAF) model to overcome the limitations of conviction-dependent mechanisms, especially in cases where suspects die or flee. Islamic legal principles, such as the ḥifẓ al-māl (preservation of wealth) and taʿzīr bi al-māl or discretionary penalties targeting unlawfully acquired assets, offer a moral and doctrinal basis for such reforms. These insights contribute to ongoing legal debates and support the development of a more effective and ethically grounded policy for asset recovery in corruption cases.
Community-Based Collaborative Management: Impacts and Challenges of Sea Turtle Conservation on the South Coast of Central Java, Indonesia Kartono Kartowijono; Aryuni Yuliantiningsih; Tedi Sudrajat; Baginda Khalid Hidayat Jati
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.39386

Abstract

The use of community-based collaborative management has shown promising results in addressing the complex issues surrounding sea turtle conservation. However, the legal implications and barriers associated with this method have not been thoroughly investigated. This study seeks to examine legal policies governing conservation institutions that influence community-based turtle protection along the southern coast of Central Java, Indonesia. The focus of this study is on two specific case studies: a conservation group at Pantai Sodong and another at Pantai Kembar. Employing a qualitative research design, this study incorporated semi-structured interviews with conservation group administrators, government officials, and other relevant stakeholders. Apart from that, this research also involves analysis of legal and regulatory documents and policies which is complemented by field observations. These findings indicate that community-based conservation policies significantly increase legal behavior that is in line with conservation law provisions. However, this report also underscores the legal and institutional challenges faced by local community-based conservation groups. These challenges include the necessity of legal collaboration between community groups and the government, the availability of healthcare facilities such as quarantine centers and clinics, and the need for a permanent workforce with appropriate skills. This study emphasizes the need for more flexible standards regarding conservation institutional requirements and government support to encourage the fulfillment of the validity and legal certainty of conservation institutions. This study adds to the growing body of literature on legal approaches to community-based collaborative management, and offers important insights for policymakers and legal practitioners who wish to increase support for community-based conservation programs in Indonesia and other countries.
Strengthening Justice and Accountability: The Role of Ombudsman in Monitoring Police Public Services Oktobrian, Dwiki; Natasya, Juliana Dwi; Wiranti , Cece; Sudrajat, Tedi
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.1076

Abstract

Public service delivery in police sector of Indonesia is facing a crisis of trust, fueled by widespread reports of maladministration. In this context, social movements such as #PercumaLaporPolisi (Reporting to Police Is Useless) and incidents of police brutality have reinforced perceptions that law enforcement lacks transparency, responsiveness, and accountability. Therefore, this research aims to 1) identify the forms and patterns of maladministration in police public services, and 2) evaluate the role and effectiveness of Indonesian Ombudsman, with a specific focus on West Java Regional Office, to address and prevent maladministration. Document analysis, literature review, and interviews were integrated with key informants using a socio-legal and qualitative method. The results showed that the most frequently reported problems included investigation and prosecution procedures, such as Notice of Investigation Progress, Notice of Investigation Commencement, and Notice of Investigation Completion, as well as initial complaint handling. The issues were largely driven by rigid bureaucracy, resistance to external monitoring, and limited enforcement of Ombudsman recommendations. However, the illegally bound recommendations supported procedural reform. This was evident in the achievement of green zone status for compliance with service standards across all district police offices in West Java by 2024. The objectives of Goal 16 (Sustainable Development Goals/SDGs) were also supported to promote peace, justice, and strong institutions by emphasizing the importance of independent oversight in building accountable and humane police institutions based on public trust.
THE EFFECTIVENESS OF CONSTRUCTION GOODS AND SERVICES PROCUREMENT LAWS ON PRIVATE CONTRACTORS: A LEGAL SYSTEM PERSPECTIVE LAWRENCE M. FRIEDMAN Setijanto, Augustinus; Sudrajat, Tedi; Sami'an, Sami'an
IJEBD (International Journal of Entrepreneurship and Business Development) Vol 9 No 1 (2026): Jan - Feb 2026
Publisher : LPPM of NAROTAMA UNIVERSITY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29138/ijebd.v9i1.3516

Abstract

Public procurement of construction works constitutes a strategic instrument for national development; however, in practice it continues to face complex legal problems. These problems do not merely arise from procedural violations or corrupt intent, but also from unclear administrative authority, regulatory complexity, and weak legal culture in procurement implementation. Such conditions have contributed to increasing procurement disputes and the risk of policy criminalization, particularly affecting private contractors who perform works based on administrative orders issued by authorized officials. This paper aims to analyze legal problems in construction procurement in Indonesia by applying Lawrence M. Friedman’s legal system theory, which emphasizes three interrelated elements: legal structure, legal substance, and legal culture. The research employs a normative legal method with statutory, conceptual, and case-based approaches, analyzed through qualitative-descriptive techniques based on procurement regulations, legal doctrines, and judicial decisions as well as procurement practices. The analysis demonstrates that the ineffectiveness of construction procurement law stems from an imbalance among the three elements of the legal system. Weak coordination within the enforcement structure leads to the criminalization of administrative errors, complex legal substance creates ambiguity and risky discretion, while a permissive legal culture exacerbates deviations in practice. This paper offers a systemic reform perspective by emphasizing clearer differentiation between administrative and criminal liability, stronger legal protection for good-faith private contractors, and the reinforcement of ethical values and legal culture in procurement governance. Through this approach, construction procurement law is expected to function more effectively in achieving legal certainty, justice, and utility for sustainable national development.