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Journal : Berajah Journal

PENGATURAN DAN EFEKTIVITAS SANKSI PIDANA KORUPSI DALAM HUKUM POSITIF SERTA REFORMULASINYA DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA DI INDONESIA Imam Fathwa; Siti Humulhaer; Bayu Triwibowo; Tri Susanto; Ratu Chumairoh Noor
Berajah Journal Vol. 5 No. 12 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v5i12.63

Abstract

Corruption is one of the crimes that has serious impacts on the life of the nation and the state, as it causes state financial losses and hampers national development. Therefore, Indonesian positive law strictly regulates criminal sanctions against perpetrators of corruption through Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Law Number 20 of 2001. This study aims to analyze the regulation of criminal sanctions for corruption in Indonesian positive law, evaluate the effectiveness of their implementation in judicial practice, and examine the reformulation of sentencing policies from the perspective of criminal law reform. The research method used in this study is normative legal research employing statutory and conceptual approaches. The results of the study indicate that the regulation of criminal sanctions for corruption in Indonesian positive law includes principal penalties in the form of imprisonment and fines, as well as additional penalties such as payment of compensation for state losses, asset confiscation, and revocation of certain rights. However, in practice, the implementation of these sanctions still faces several obstacles, including sentencing disparities and the suboptimal recovery of state financial losses. Therefore, it is necessary to reformulate criminal sanction policies for corruption through strengthening asset recovery mechanisms and establishing sentencing guidelines in order to realize a criminal justice system that is more effective, fair, and capable of creating a deterrent effect for perpetrators of corruption crimes.
PERTANGGUNGJAWABAN HUKUM DALAM TRANSAKSI CROSS-BORDER E-COMMERCE STUDI KASUS SENGKETA KONSUMEN INTERNASIONAL Imam Fathwa; Annie Myranika; Tri Susanto; Ratu Chumairoh Noor; Bayu Triwibowo
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.269

Abstract

The development of information and communication technology has transformed the global trade landscape through the emergence of cross-border e-commerce. Cross-border electronic transactions provide convenience for consumers in accessing international products, but simultaneously create significant legal complexities, particularly regarding legal liability and consumer dispute resolution. This study analyzes international and national legal frameworks governing liability in cross-border e-commerce transactions, with specific focus on case studies of international consumer disputes. Using normative legal research methods with a comparative approach, this research examines international conventions, EU regulations, ASEAN frameworks, and Indonesian legislation. The results indicate complex jurisdictional challenges in determining applicable law and competent forums, exacerbated by information asymmetry and negotiation power gaps between consumers and businesses. This study recommends regional legal harmonization through effective Online Dispute Resolution (ODR) mechanisms and strengthening consumer protection based on consumer-priority jurisdiction principles to create legal certainty in cross-border e-commerce transactions.
POLITIK HUKUM DALAM KEBIJAKAN PENANGGULANGAN DEEPFAKE POLITIK ANCAMAN BARU TERHADAP INTEGRITAS DEMOKRASI Imam Fathwa; Mustofa Kamil; Bayu Triwibowo; Tri Susanto; Ratu Chumairoh Noor; Dian Retno Widayati
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.406

Abstract

Advances in artificial intelligence (AI) technology have given rise to the phenomenon of deepfakes, which pose a serious threat to the integrity of democracy. Political deepfakes—the manipulation of video, audio or images of political figures using AI technology—are capable of creating highly convincing fake content that is difficult to distinguish from the original. This phenomenon threatens the foundations of democracy, which are built upon the truthfulness of information and public trust in the political process. This study aims to analyse legal policy in the context of countering political deepfakes using a normative-empirical legal research method. The findings indicate that the existing legal framework in Indonesia is insufficient to comprehensively address the threat of political deepfakes. Effective legal policy must be progressive, integrating aspects of technology regulation, the protection of human rights, and the strengthening of public digital literacy. This study recommends the establishment of specific regulations governing the use of AI technology in a political context through a multi-stakeholder approach.
EKSISTENSI REGULATORY SANDBOX OJK DALAM PENGEMBANGAN INOVASI FINTECH DI INDONESIA Imam Fathwa; Hasnah Aziz; Bayu Triwibowo; Tri Susanto; Ratu Chumairoh Noor
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.535

Abstract

The development of financial technology (fintech) in Indonesia has resulted in significant transformation in the financial services ecosystem, but has simultaneously raised complex regulatory challenges because the speed of technological innovation outpaces the ability of existing legal frameworks to adapt. The Financial Services Authority responded to this challenge through the implementation of a regulatory sandbox as a regulatory mechanism that allows testing of fintech innovations in a controlled environment before full implementation. This article aims to analyze juridically the existence of the OJK regulatory sandbox in the development of fintech innovation in Indonesia. The research method used is qualitative with a normative-empirical legal approach. Data was collected through studies of legislation, OJK policies, regulatory sandbox testing reports, and scientific literature studies. The results show that the existence of the OJK regulatory sandbox has a strategic role in encouraging fintech innovation while maintaining financial system stability and consumer protection, but faces juridical challenges including weak legal foundations that are not explicitly regulated in law, ambiguity in OJK authority in implementing regulatory sandboxes, and limited consumer protection and dispute resolution mechanisms during the testing period. This article recommends the need to enrich the juridical foundation of regulatory sandboxes through revision of laws or government regulations, affirmation of proportional OJK authority, and development of comprehensive consumer protection mechanisms to create a fintech ecosystem that is innovative and fair.
ANALISIS HUKUM TERHADAP KEBIJAKAN PEMERINTAH DALAM PENGEMBANGAN FINTECH DI INDONESIA Imam Fathwa; Pandri Zulfikar; Bayu Triwibowo; Tri Susanto; Ratu Chumairoh Noor
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.536

Abstract

The development of financial technology (fintech) in Indonesia has fundamentally transformed the paradigm of financial services, driving financial inclusion and digital economic growth. The Indonesian government, through the Financial Services Authority (OJK) and Bank Indonesia (BI), has formulated various policies to regulate and develop the fintech ecosystem. However, these policies face complex legal challenges, including the balance between innovation and financial system stability, consumer protection, and alignment with national interests. This study aims to analyze the legal framework of government policies in fintech development in Indonesia, identify regulatory gaps, and formulate improvement recommendations. The method used is normative legal research with statutory, conceptual, and comparative approaches. The results indicate that Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) provides the main legal umbrella, but its implementation still faces challenges related to fragmented authority, regulatory imbalance between innovation and protection, and limited oversight of new business models such as decentralized finance (DeFi). This study recommends harmonization of regulations across agencies, strengthening of the regulatory sandbox, and establishment of a single fintech supervisory authority to enhance policy effectiveness