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All Journal West Science Law and Human Rights Journal of Business Application
Jakobus Anakletus Rahajaan
Universitas Dr. Djar Wattiheluw
Humanities Law, Crime, Criminology & Criminal Justice

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The Effectiveness of Indonesia's Anti-Corruption Law on Legal Reform and Implementation Ardy Gunawan Tomagola; Wahid Yaurwarin; Jakobus Anakletus Rahajaan; Agustinus Jonas Sahetapy; Reni Wahyuni Kalauw
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1129

Abstract

This study examines the efficacy of Indonesia's anti-corruption legislation in the wider framework of legislative restructuring and its execution. The paper investigates the legal frameworks and regulatory measures implemented to combat corruption, using a normative juridical analysis. The primary objective is to examine the impact of these laws on legal reform, evaluate their enforcement, and highlight the problems encountered in their practical implementation. The results demonstrate substantial advancements in legislative actions, but also underscore enduring barriers in execution, such as legal ambiguities, administrative stagnation, and corruption within law enforcement entities. This study highlights the importance of implementing comprehensive legal reforms and strong policies to improve the effectiveness of anti-corruption measures in Indonesia. Guidelines are given to promote future anti-corruption efforts by improving the legislative framework, increasing institutional capability, and cultivating political backing.
Implikasi Reposisi Manajerial BUMN Terhadap Pertanggungjawaban Tindak Pidana Korupsi Jakobus Anakletus Rahajaan; Sarifa Niapele
Journal of Business Application Vol. 4 No. 1 (2025): Journal of Business Application
Publisher : Univiversitas Dr. Djar Wattiheluw

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Abstract

This study analyzes the repositioning of State-Owned Enterprise (SOE) management following the enactment of Law No. 1 of 2025 on SOEs, and its implications for criminal liability in corruption cases. Employing a normative juridical method with statutory and conceptual approaches, this research offers a prescriptive perspective in response to public concerns regarding the exclusion of SOE executives from the category of state administrators. The findings reveal that such concerns are unfounded, as the new provisions in fact strengthen the immunity of SOE management from political interference by state officials, which is often a source of corruption. Although Law No. 1 of 2025 does not explicitly regulate the nexus between the management of state-derived finances and criminal liability for corruption, SOEs as legal entities (rechtpersoon) remain subject to criminal prosecution when implicated in acts of corruption. Corporate criminal liability in corruption has been clearly stipulated in existing anti-corruption legislation. This study contributes new insights to the discourse on SOE governance law, demonstrating that the new regulation serves not as a weakening, but rather as a reinforcement of accountability and the independence of SOE management.
Co-Authors Agustinus Jonas Sahetapy Ardy Gunawan Tomagola Reni Wahyuni Kalauw Sarifa Niapele Wahid Yaurwarin