ifrani ifrani
Faculty of Law, Universitas Lambung Mangkurat, Banjarmasin, Indonesia.

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Daluwarsa of Criminal Prosecution is Associated The Criminal Threats ifrani ifrani; Mohammad Rezki Ramadhan Mahfi; Muhammad Topan; Muhammad Hendri Yanova
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2719

Abstract

The purpose of this study is to find out what is the rationale for the existence of a criminal prosecution and to examine future arrangements for a shorter Daluwarsa period than criminal penalties. This research is normative legal research by examining laws related to the legal issues under study and by moving from the views and doctrines that have developed in the science of law related to the problems in this research. According to the results of this study, it shows that: First, the rationale for the existence of a Daluwarsa on criminal prosecution which underlies the legislators to make a policy in this field is none other than legal certainty. This legal certainty is for the sake of creating legal order, namely legal order in the settlement of a criminal case that does not find a bright spot for a long time so that the case does not have a clear direction in its resolution. Second, the current criminal prosecution Daluwarsa policy in several of its provisions in determining Daluwarsa does not pay attention to factors that can support the functioning and operation of criminal law. In several provisions regarding the expiration date for criminal prosecution in several criminal offenses, the Daluwarsa date is shorter than the criminal penalty. The expiry period for criminal prosecution which is shorter than the criminal threat can result in motivating the perpetrators of criminal acts to run away/run away or disappear to avoid legal proceedings against avoiding criminal responsibility.
Legal Certainty in the Auction of Seized and Confiscated Counterfeit Goods within the State Property Management System Ifrani Ifrani; Tajmila Tajmila; Harm Sanguk; Muhammad Rudiansyah; Ali Amrin
AL-IQTISHADIYAH : EKONOMI SYARIAH DAN HUKUM EKONOMI SYARIAH Vol 12 No 1 (2026): Jurnal al-Iqtishadiyah
Publisher : Fakultas Studi Islam Universitas Islam Kalimantan Muhammad Arsyad Al Banjary

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/iqt.v12i1.23316

Abstract

The auction of seized and state-confiscated goods that have been proven to be counterfeit raises legal issues, as it involves the intersecting legal frameworks governing the management of state-confiscated goods, auction regulations, Intellectual Property Rights (IPR) protection, and the principles of Islamic economic law. This study aims to analyse the legal status and eligibility of counterfeit goods as objects of auction, as well as the legal liability arising from their auction without adequate authenticity verification. This study employs normative legal research methods, using statutory and conceptual approaches. The legal materials are analysed qualitatively through legal reasoning and grammatical, systematic, and teleological interpretation. The findings indicate that the status of goods as seized or state-confiscated property does not, in itself, render them eligible for auction. Counterfeit goods whose circulation is prohibited due to violations of IPR regulations should not be reintroduced into commercial circulation through state auctions without due consideration of the applicable legal provisions. The absence of explicit regulations mandating substantive verification of the authenticity of auction objects may create legal uncertainty for good-faith auction winners and give rise to legal liability where auctions are conducted without adequate due diligence. From the perspective of Islamic economic law, the auction of counterfeit goods potentially contravenes the principle of shidq (truthfulness) and the prohibition of tadlis (fraud or concealment of material information). Meanwhile, the principles of hifz al-mal (protection of property), al-'adl (justice), and maslahah (public interest and welfare) require the protection of auction winners and intellectual property rights holders, as well as the prevention of the circulation of goods that may cause harm to other parties. Accordingly, there is a need to strengthen substantive verification requirements, clarify the allocation of responsibilities between selling agencies and auction officials, and harmonise the regulatory frameworks governing state-confiscated property management, auctions, and IPR protection in order to ensure legal certainty in accordance with the principles of justice and public welfare.