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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.
The Law No. 20 of 2023: Reform or Retreat? A Critical Analysis of Its Impact on The State Civil Apparatus (ASN) Personnel System in Indonesia Hafidz, Jawade; Prasetia Wiranto, Agus; Ayuning Maharanti, Resa
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.50770

Abstract

The enactment of Law No. 20 of 2023 concerning the State Civil Apparatus (ASN Law) marks a significant normative reconstruction in the governance of state civil servants in Indonesia. This law explicitly affirms the principles of meritocracy, professionalism, and bureaucratic modernization through digitalization and the structuring of the status of Civil Servants (PNS) and Government Employees with Work Agreements (PPPK). However, behind the rhetoric of reform, the ASN Law also contains problematic constitutional and administrative implications, particularly regarding central-regional relations, the legal status of PPPK, and the effectiveness of the merit system in stemming the politicization of the bureaucracy. This study uses a normative legal research method with a statutory and conceptual approach to analyze the consistency of the ASN Law with the principles of regional autonomy, equality before the law, and neutrality of state apparatus. The study results show that the ASN Law tends to reinforce the centralization of ASN management authority, creating formal but not substantive equality between PNS and PPPK, and placing the merit system in a vulnerable position to political co-optation due to the weak design of independent oversight. Thus, the ASN Law has the potential to give rise to what can be called functional unconstitutionality, namely a condition where legal norms appear to be textually aligned with the 1945 Constitution, but functionally weaken the constitutional principles they are intended to protect.
The Strengthening Institutional Capacity in Implementing Corruption Asset Return based on International Standards in Indonesia Prasetia Wiranto, Agus; Mul Erowati, Eti
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.50771

Abstract

This research is motivated by the urgency of recovering assets derived from corruption as a crucial element in effectively eradicating corruption in Indonesia. Increasingly sophisticated corruption and money laundering, often involving cross-border transactions, pose significant challenges to recovering state financial losses. Although Indonesia has ratified the 2003 United Nations Convention Against Corruption (UNCAC) and has a national legal framework, the effectiveness of asset recovery remains hampered by a lack of regulatory harmonization, overlapping institutional authority, weak coordination between law enforcement agencies, limited civil law instruments, and a lack of a specific legal framework related to asset forfeiture. The research method used is normative law with a statute approach and a case approach. Secondary data were collected from various international legal literature (such as the UNCAC), Indonesian national laws and regulations related to the eradication of corruption and money laundering, legal doctrine, scientific journals, and court decisions. This approach aims to understand in-depth the harmonization of international standards with national law and identify factors that influence the effectiveness of the implementation of corruption asset recovery policies in Indonesia. Based on the results and discussion, it is concluded that harmonization of the UNCAC international standards with Indonesian national law in the recovery of corruption assets still requires significant strengthening. Institutional obstacles such as a lack of regulatory harmonization, overlapping authority, weak coordination, limited human resource capacity, and the inadequacy of specific legal instruments for asset confiscation are the main challenges. Solutions to strengthen institutional capacity through the drafting of the Asset Forfeiture Law, harmonization of the Corruption Eradication and Money Laundering Laws, increased inter-agency coordination, strengthened international cooperation, and enhanced officer competence are crucial recommendations for optimizing asset recovery to achieve effective corruption eradication and recovery of state losses.