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All Journal QISTINA: Jurnal Multidisiplin Indonesia JUDGE: Jurnal Hukum
Lahay, Nadela Ramadhanty Caesarani
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Religion Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing

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Death Penalty for Corruption Convicts Lahay, Nadela Ramadhanty Caesarani
QISTINA: Jurnal Multidisiplin Indonesia Vol 3, No 2 (2024): December 2024
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v3i2.4236

Abstract

Corruption is an extraordinary and very serious crime in Indonesia, because the crime of corruption never seems to have a solution that makes the perpetrators of the crime feel the deterrent effect. The crime of corruption is regulated in Law Number 31 of 1999 and amended by Law of the Republic of Indonesia Number 20 of 2001 concerning amendments to the Eradication of the Crime of Corruption. In handling corruption offences, a philosophical foundation is required that involves critical thinking, logical analysis, rational reasoning, and deep reflection on fundamental questions about the nature of human existence and the universe. The main objective is to achieve a deep and rational understanding of the reasons, values and fundamental principles that apply in the criminal offence of corruption. And also related to the application of the death penalty which is contrary to human rights stated in article 9 of the Human Rights Law, Article 3 of the UDHR where there are rules that impose the death penalty is prohibited to be applied.
Transformasi Konsep Kebendaan dalam Era Digital: Dekonstruksi Status Hukum Aset Kripto sebagai Objek Perdata Modern di Indonesia Lahay, Nadela Ramadhanty Caesarani; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Judge : Jurnal Hukum Vol. 6 No. 03 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i03.1592

Abstract

The rapid advancement of digital technology has given rise to cryptocurrency as a new economic instrument that challenges the traditional concepts of property under Indonesian civil law. This study analyzes the legal status of cryptocurrency assets within the Indonesian civil law system and the urgency of transforming the concept of property to accommodate modern digital realities. The main issue discussed is the ambiguity surrounding the status of cryptocurrency assets as legal objects under the Civil Code (KUHPerdata), which still primarily focuses on tangible physical objects, thereby creating a legal void in protecting property rights and digital asset transactions. This research employs a normative legal method with an analytical approach to examine legislation, legal doctrines, and comparative studies of international regulations. The findings indicate that although cryptocurrencies have been recognized as commodities through regulations by Bappebti and OJK oversight under the P2SK Law, their legal status as civil objects remains ambiguous because the Civil Code has yet to accommodate intangible digital objects with economic value. The study identifies the transformation of the property concept through the deconstruction of the physical existence requirement as an urgent need to ensure legal certainty and adequate protection for cryptocurrency users. The research recommendations include expanding the definition of "property" in the Civil Code, explicitly regulating property rights over cryptocurrency assets, and developing adaptive digital dispute resolution mechanisms to establish a civil law system responsive to the development of modern financial technology.
Co-Authors Nur Mohamad Kasim Sri Nanang Meiske Kamba