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Electronic Evidence in The Healthy Justice System: Reimagined Rita Komalasari; Cecep Mustafa
Jurnal Hukum dan Peradilan Vol 12 No 3 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.547-580

Abstract

This study addresses one of the critical difficulties related to the admissibility of electronic evidence. This essay examines the reliability of electronic evidence in foreign criminal and civil justice systems and offers suggestions for revising the reliability of electronic evidence in Indonesian court processes. In terms of the legitimacy of electronic evidence in the criminal justice system, the method adopted is the present comparative policy approach in various nations. The paper presents the concept of a rapid check mechanism for verifying electronic evidence, which swiftly advances the settlement of criminal and civil cases.
Strengthening asset recovery efforts: A path to mitigating corruption in the public sector Rita Komalasari; Cecep Mustafa
Integritas: Jurnal Antikorupsi Vol 10 No 1 (2024): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v10i1.1042

Abstract

This paper comprehensively analyses the impediments hindering Indonesia's anti-corruption and asset recovery efforts. It advocates for a holistic approach, emphasizing collective action, trust in public office, and the integration of civil forfeiture as essential components of an effective anti-corruption strategy. The ultimate goal is to contribute to a transparent and corruption-free future in Indonesia. We employ a literature-based inquiry method to investigate Indonesia's multifaceted challenges in combating corruption and recovering illicitly acquired assets. Our analysis reveals widespread corruption, weakened institutions, and a lack of trust in public officials hamper Indonesia's anti-corruption and asset recovery efforts. We argue that a holistic approach that combines infrastructural development, social rehabilitation, people em-powerment, and regulatory reforms is essential. Additionally, civil forfeiture, when integrated effectively, can aid asset recovery. To succeed, these efforts must prioritize the restoration of trust in public office. This paper contributes valuable guidance for policymakers and practitioners striving to create a more transparent and corruption-free future in Indonesia, offering a fresh perspective on addressing corruption in an emerging economy.
Penuntutan Aset Digital: Penyitaan Aset Kripto Rita Komalasari; cecep mustafa
The Prosecutor Law Review Vol 4 No 2 (2026): The Prosecutor Law Review
Publisher : Pusat Strategi Kebijakan Penegakan Hukum, Kejaksaan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64843/prolev.v4i2.67

Abstract

This study examines the role of cryptocurrency seizures in the prosecution of crypto-related crimes, focusing on the legal and procedural hurdles prosecutors face, as well as the broader implications for crime deterrence. The purpose of this study is to assess how successful cryptocurrency seizures contribute to the recovery of illicit assets and serve as a deterrent, reducing the financial incentives for criminal activities. This research methodology involves an analysis of high-profile cases, including the Silk Road investigation, Operation Disruptor, and the Bitfinex hack, where prosecutors played a pivotal role in securing cryptocurrency seizures and ensuring successful prosecutions. These cases highlight how the effective use of digital forensics and blockchain analysis has enabled prosecutors to navigate complex legal landscapes, leading to the successful conviction of criminals and the recovery of assets. The results demonstrate that effective cryptocurrency seizures, coupled with skilled prosecution, can lead to a notable reduction in crypto-related crimes, with a 15% decline in such crimes reported in regions with proven prosecution capabilities. Additionally, the public visibility of these seizures enhances the credibility of prosecutorial efforts, fostering greater trust in the justice system’s ability to combat digital crime. The conclusion underscores the necessity for continued investment in prosecutor training, international collaboration, and the development of advanced forensic tools to strengthen prosecution efforts in the digital age. The study also recommends policy reforms to better equip prosecutors with the resources and legal frameworks needed to address the evolving threats posed by cryptocurrency in modern criminal activity.
An In-Depth Analysis of White-Collar Crimes in The Financial Sector of Dubai: Legal Frameworks and Collaborative Solutions Rita Komalasari; Cecep Mustafa
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 18 No. 2 (2024): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i2.38729

Abstract

This study aims to identify specific legal loopholes and regulatory deficiencies that contribute to white-collar crime, with the goal of advocating for adaptive legal reforms and a collaborative approach to strengthen legal frameworks. The specific focus is on the prevalence of white-collar crime in the financial sector of the emirate, given Dubai's rapidly growing economy. Therefore, this study addresses the potential exploitation of legal frameworks and regulatory gaps to offer a contextualised analysis of the contributing factors during the economic expansion of the emirate. A comprehensive literature review was applied to identify existing gaps in understanding, with a focus on the distinctive challenges faced by Dubai. The intention was to provide a thorough understanding of white-collar crime in the financial sector with an emphasis on the mechanisms through which legal loopholes and regulatory shortcomings could facilitate such offences. The identification of the vulnerabilities led to the provision of actionable insights for policymakers, regulatory authorities, and stakeholders to fortify legal infrastructure and prevent financial misconduct. The results deepened our understanding of the challenges associated with white-collar crime in Dubai. They provided practical insights for mitigating future risks by presenting a roadmap for policymakers to combat the growing nature of financial offences in the region. In conclusion, this study highlights the urgent need for adaptive legal reforms and enhanced regulatory measures to address the vulnerabilities within Dubai's financial sector.