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All Journal Journal of Education, Humaniora and Social Sciences (JEHSS) Ius Poenale
Mashuril Anwar
Institut Informatika dan Bisnis Darmajaya
Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Rekonstruksi Paradigma Penegakan Hukum Tindak Pidana Korupsi Di Bidang Bisnis Mashuril Anwar; Besti Lilyana; Dinda Anna Zatika; Destu Rizky Syahputra
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 6, No 2 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jehss.v6i2.1957

Abstract

This article aims to evaluate the law enforcement paradigm for criminal acts of corruption in the business sector. The problem focuses on law enforcement against criminal acts of corruption in the business sector in Indonesia today, as well as the ideal construction of overcoming criminal acts of corruption in the business sector. In order to answer these problems, this research uses a normative approach with qualitative analysis. Based on the results of the investigation and discussion, this study concludes that law enforcement against criminal acts of corruption in the business sector in Indonesia currently tends to be formally legalistic. Such law enforcement results in less than optimal recovery of state losses and makes the state "overdrawn" because the costs of handling cases are more significant than the state losses recovered. The ideal construction of overcoming criminal acts of corruption in the business sector requires a multidisciplinary approach by integrating non-penal penal processes that are not counterproductive to the development of business transactions. The non-penal process emphasizes prevention efforts, while the penal process emphasizes efforts to recover state losses using criminal, civil, and administrative legal instruments.
Preventing Criminalization of Default: Legal Certainty in the Settlement of Debt Agreements Besti Lilyana; Mashuril Anwar; Zulfikar Ali; Shakila Kirana; Dian Herlambang; Dewi Noviyanti
Ius Poenale Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v6i2.3650

Abstract

This research examines the uncertainty in distinguishing fraud and default in debt agreements in Indonesia and its impact on legal certainty. Adopting an empirical normative legal approach, the research analyzes court decisions and relevant legal materials using qualitative methods. It finds that classifying an act as fraud or default depends on whether the agreement is made in bad faith. To enhance legal certainty and prevent the criminalization of good-faith parties, the research proposes several alternatives: establishing guidelines for handling default cases, including compensation for acquitted defendants in court decisions, resolving disputes through simple lawsuits, and utilizing out-of-court settlement mechanisms. The findings provide practical guidance for law enforcement and judicial authorities in differentiating civil defaults from criminal fraud.
Co-Authors Besti Lilyana, Besti Destu Rizky Syahputra Dewi Noviyanti dian herlambang Dinda Anna Zatika Shakila Kirana Zulfikar Ali