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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum JHCLS MILRev: Metro Islamic Law Review
Muhammad Azam
Unknown Affiliation
Religion Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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The Corruption Reduction with an Administrative Law Approach: Evidence from Australia Hafidz, Jawade; Amalia Fitri, Dini; Muhammad Azam; Arifullah, Achmad; Prasetia Wiranto, Agus
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.396

Abstract

The reverse burden of proof mechanism shifts the responsibility to the fraudster to prove that his wealth did not come from corruption. This system raises concerns regarding justice, legal certainty, and the protection of human rights. This research aims to analyze the application of reverse evidence in criminal and criminal acts of corruption in procuring goods and services from the perspective of state administrative law. Reversal of the burden of proof in criminal acts of corruption is essential to eradicate corruption in Indonesia. From the standpoint of state administrative law, reverse evidence functions as a monitoring tool to prevent abuse of authority by public officials and ensure the implementation of the principles of good governance, namely transparency, accountability, and integrity in the procurement of goods/services. The novelty of this study lies in its proposal to explicitly clarify the balance of evidentiary obligations between the public prosecutor and the defendant in reversing the burden of proof under Law No. 20 of 2001, ensuring fair legal certainty and protection of human rights. Indonesia can adopt Australia's Proceeds of Crime Act 2002 approach, enabling asset seizure from suspected corruption without conviction, to enhance accountability and recover state losses effectively.
Harmonizing Contemporary International Commercial Law with Sharia-Based National Legal Systems: A Comparative Study of Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia Muhammad Azam; Anis Mashdurohatun; Angga Nugraha Firmansyah; Muhammad Dias Saktiawan; King On Putra Jaya
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11334

Abstract

This study examines the harmonization of International Commercial Law (ICL) with Sharia-based national legal systems in five member states of the Organization of Islamic Cooperation (OIC): Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia. These countries were deliberately selected for their diverse legal traditions, varying levels of economic development, and differing degrees of Sharia implementation within their domestic legal orders. Using a qualitative-comparative approach, the research draws on academic literature, national legal documents, and relevant international legal instruments to analyze the interaction between global commercial norms and Islamic legal principles. The analysis identifies thematic trends, methodological approaches, and significant findings from previous scholarship on the intersection of ICL and Sharia. The findings reveal divergent trajectories: Malaysia and Turkey have successfully integrated ICL provisions into their domestic frameworks through institutional reforms and adaptive jurisprudence. In contrast, Pakistan and Saudi Arabia face persistent conceptual and normative challenges, particularly in reconciling modern commercial practices with strict interpretations of Sharia. Indonesia represents a hybrid model, blending secular legal norms with religious values to produce a contextually balanced system. By mapping these comparative experiences, this study contributes to the discourse on legal pluralism and provides insights for policymakers and scholars seeking to develop context-sensitive models for integrating transnational commercial law into modern Islamic legal systems.
Legal Framework For Crypto Asset Trading As An Effort To Protect Consumers In Indonesia Handayani, Otih; Esther Masri; Panti Rahayu; Achmad J. Pamungkas; Muhammad Azam
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7134

Abstract

Cryptocurrency has emerged as a disruptive and revolutionary asset in the global financial landscape, transforming how individuals and organizations conduct financial transactions. In Indonesia, cryptocurrency is prohibited as a means of payment but is permitted as a digital asset (crypto asset) that can be traded. Crypto assets operate through a decentralized system that lies outside the control of the government and centralized authorities. As of October 2024, the number of crypto asset consumers in Indonesia reached 21.27 million, and throughout 2024, it has contributed to the development of the digital financial services sector, with transactions amounting to IDR 650.61 trillion. Volatility, illegal crypto asset traders, hacking, and scamming are among the key issues in crypto asset trading. This research is a doctrinal/normative legal study using a statutory approach. It is based on a literature review and analyzed qualitatively. The findings show that the Ijtima Ulama of the National Fatwa Commission VII in 2021 and OJK Regulation (POJK) No. 27 of 2024 indicate that the government is getting involved in crypto asset trading. However, several weaknesses in the POJK, including the unclear position of individual consumers and the absence of mandatory risk mitigation requirements for traders, may result in the lack of security guarantees for consumer crypto assets.
Co-Authors Achmad J. Pamungkas Amalia Fitri, Dini Angga Nugraha Firmansyah Anis Mashdurohatun Arifullah, Achmad Esther Masri Handayani, Otih Jawade Hafidz King On Putra Jaya Muhammad Dias Saktiawan Panti Rahayu Prasetia Wiranto, Agus