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All Journal Ipso Jure Journal of Strafvordering Indonesian
Harly Clifford Jonas Salmon
Fakultas Hukum, Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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Has the application of sanctions against financial institutions involved in money laundering had a deterrent effect? Hasan Basri; Harly Clifford Jonas Salmon; Judy Marria Saimma
Ipso Jure Vol. 1 No. 9 (2024): Ipso Jure - October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gp2wnr72

Abstract

Money laundering is one of the crimes that has a wide impact, both economically and socially. With the increasing complexity of global financial networks, financial institutions must be more responsible in preventing money laundering practices. The existence of strong and transparent financial institutions is essential to maintain the integrity of the financial system. Using normative juridical research methods, this study analyzes the regulations that govern sanctions and law enforcement practices. The purpose of this study is to evaluate whether the sanctions applied have provided a deterrent effect to financial institutions that violate the law. The results of the study show that although there are several institutions affected by sanctions, in general, the implementation of sanctions has not been effective in providing a significant deterrent effect. These obstacles arise due to the lack of strict supervision, weak international cooperation, and inconsistencies in law enforcement. In addition, the proactive attitude of financial institutions in fulfilling reporting obligations also needs to be improved. Therefore, reforms in the sanctions system and improved law enforcement mechanisms are needed to create a stronger deterrent effect against financial institutions involved in money laundering
The Application in Tax Violation Cases Involving Public Figures: A Legal and Criminological Analysis Harly Clifford Jonas Salmon
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/56j8xe71

Abstract

The phenomenon of tax violations involving public figures shows the existence of structural vulnerabilities in the tax system that require regulatory strengthening. This study analyzes the application of the law in cases of tax violations by public figures through a normative juridical approach by examining the provisions of Law Number 7 of 2021 concerning the Harmonization of Tax Regulations (HPP Law) and a number of related regulations. This study examines the position of tax norms, law enforcement mechanisms, and the relevance of criminological perspectives to the behavior patterns and motivations of violations committed by influential taxpayers. The HPP Law provides significant updates through improving compliance standards, strengthening administrative and criminal sanctions, and digitizing tax administration which has an impact on increasing the effectiveness of supervision. The discussion shows that law enforcement regulated by the HPP Law is more proportional, accountable, and oriented towards fiscal justice, so as to be able to narrow the gap for the manipulation of tax obligations by public figures. Criminological studies confirm that tax reform has succeeded in suppressing opportunistic factors through an increased risk of detecting violations. The results of the study concluded that the harmonization of regulations through the HPP Law has strengthened the integrity of the tax system and strengthened the state's efforts to build equal compliance for all taxpayers without discrimination.
Screenshots, Chats, and Voice Notes: Rethinking Evidence in Criminal Trials Pramidazzura Alifa Rifqi; Samsidar; Harly Clifford Jonas Salmon
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0hb7ee97

Abstract

The increasing reliance on screenshots, chats, and voice notes in Indonesian criminal proceedings reflects a significant shift in evidentiary practices driven by digital communication technologies. However, this development has not been followed by adequate normative adaptation within criminal procedural law. Article 184 of the Criminal Procedure Code does not explicitly accommodate micro-digital evidence, while the Electronic Information and Transactions Law merely provides general recognition without specifying procedural standards for authentication and evidentiary weight. This condition creates normative ambiguity regarding the legal status, admissibility, and probative value of screenshots, chats, and voice notes, resulting in inconsistent judicial practices and potential violations of fair trial principles. This study employs normative legal research using statute, conceptual, and case approaches to analyze the position of micro-digital evidence in Indonesian criminal trials. The findings demonstrate that unverified digital evidence risks eroding the presumption of innocence, shifting the burden of proof to defendants, and undermining legal certainty. This article argues that criminal procedural law must be reformed to explicitly regulate the classification, authentication, and corroboration of micro-digital evidence in order to ensure technological adaptation without compromising due process of law and fair trial guarantees.
Dark Side of Digital Economy: A Criminal Law Study of Economic Crimes on Digital Platforms Harly Clifford Jonas Salmon
Journal of Strafvordering Indonesian Vol. 3 No. 1 (2026): JOSI - MARCH
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xjfjn579

Abstract

The development of the digital economy through various information technology-based platforms has created a major transformation in people's economic activities. On the other hand, this development has also given rise to various new forms of economic crime that exploit digital systems as a means to obtain unlawful profits. This situation poses challenges for the criminal law system in anticipating and addressing platform-based economic crimes. This study aims to analyze the criminal law construction for economic crimes on digital platforms and examine the ambiguity of norms regarding criminal liability for platform-based economic crimes. The research method used is normative legal research with a statutory and conceptual approach. Legal materials are analyzed qualitatively to identify the alignment between digital economic developments and applicable legal regulations. The results show that criminal law regulations related to digital economic activities in Indonesia are still partial and do not specifically regulate various forms of economic crimes on digital platforms. The ambiguity of norms regarding the responsibilities of platform providers, the determination of legal subjects, and electronic evidence-based evidentiary mechanisms creates legal uncertainty and has the potential to hamper the effectiveness of law enforcement. Therefore, a reformulation of criminal law policies is needed that is more responsive, integrative, and adaptive to developments in digital technology in order to create legal certainty and optimal protection for the community in the digital economy ecosystem.
Co-Authors Hasan Basri Judy Marria Saimma Pramidazzura Alifa Rifqi Samsidar Samsidar