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All Journal SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL Journal of Law, Poliitic and Humanities RechtIdee PALAR : Pakuan Law Review
Herlita Eryke
Universitas Bengkulu
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : rechtidee

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Beyond Formal Legality: Economic Crime Regulation, Legal Circumvention, and the Protection of Socially Vulnerable Interests in Indonesia and Hungary Raka Fachriansyah; Herlita Eryke; Dhita Widya Putri; Putra Perdana Ahmad Saifulloh
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.34506

Abstract

Study Objective: This study examines how criminal law addresses legal evasion without eroding the principle of legality, and how such responses can protect the interests of vulnerable populations.Method/Approach: This study is a legal research that uses both statute and comparative approaches.  comparing Indonesia's fragmented sectoral regime with Hungary's functional combination of anti-tax-abuse, budget-fraud, welfare-fraud, oversight-responsibility, and asset-oriented enforcement.Novelty: This study uses vulnerability as an analytical criterion for identifying the public interests that suffer disproportionate consequences when complex economic crime diverts public resources or distorts market access.Findings: Indonesia should not criminalize all forms of formal compliance that undermine the purpose of regulation. Such a formula w7ould be uncertain and risk turning legitimate administrative disputes into criminal cases. A more defensible approach is a two-tier model. Administrative anti-abuse measures should address both artificial arrangements and tax or regulatory evasion. Hungary offers a useful comparative lesson because its budget fraud regime consolidates several forms of fiscal fraud while maintaining identifiable behavioral elements.Conclusion: Criminal liability only applies if a scheme includes fraudulent conduct, concealment of material facts, false documentation, fictitious transactions, deliberate avoidance of a predetermined public obligation, and demonstrable fiscal or public interest harm.
Restorative Justice and Police Discretion for Low-Income and Vulnerable Groups in Indonesia and India Aprialdi Aprialdi; Herlita Eryke; Amit Kumar Kashyap; Ousu Mendy
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.34516

Abstract

Study Objective: This article examines how restorative justice and police discretion can expand, rather than ration, access to justice for low-income and vulnerable groups in Indonesia.Method/Approach: It uses normative-comparative legal research to compare Indonesia's contemporary framework with India's Bharatiya Nagarik Suraksha Sanhita 2023.Novelty: this research is novel in that it does not treat India's plea-bargaining and case-settlement mechanisms as synonymous with police-led restorative justice. Instead, it questions what safeguards can prevent discretionary settlements from reproducing poverty and secondary victimization.Findings: The analysis finds that India now has a stronger legal basis for restorative justice across the criminal process, but the police's role as first contact still creates material risks, including inconsistencies, pressure to settle cases, and unequal access to legal counsel. India offers a useful contrast because its plea-bargaining framework relies on judicial verification of voluntariness, eligibility determination, victim participation, and compensation, while excluding certain socially sensitive offenses.Conclusion: This article proposes a vulnerability-based discretionary framework for Indonesia: early legal aid, independent counsel, screening for power and security imbalances, proportional and non-monetary reparation options, written reasons, review, and public aggregate reporting. Restorative justice should operate as a voluntary, accountable, and redress-the-harm pathway without punishing poverty.
Co-Authors Amit Kumar Kashyap Aprialdi Aprialdi Choralisa Eliagita Dhita Widya Putri Fero Sanjaya Jaya Ashari Marlis Tarmizi Marliz Tarmizi Nova Kristi Fransiska Ousu Mendy Putra Perdana Ahmad Saifulloh Rachmat Alviando Raka Fachriansyah Surya Asman Jaya Wisnu Indra Cahaya