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All Journal Jurnal Hukum Khaira Ummah JHCLS
Prasetia Wiranto, Agus
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Religion 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.
Force Majeure as a Reason for Release from Debtor's Obligations (Analysis of Settlement of Bank Credit Agreements Delinquent Due to the Earthquake in Yogyakarta) Hanim, Lathifah; Prasetia Wiranto, Agus
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52403

Abstract

This study aims to analyze bank efforts in resolving credit agreements that are in default due to force majeure due to the earthquake in Yogyakarta, examine the principles used in the settlement practices, and formulate the principles that should be prioritized in conditions of fundamental changes in circumstances. The study uses a combined legal method, namely a doctrinal and non-doctrinal approach with a qualitative nature. Data were obtained from primary, secondary, and tertiary legal materials, and strengthened by in-depth interviews and Focus Group Discussions, then analyzed normatively and interactively. The results of the study indicate that the settlement of non-performing loans after the earthquake is no longer solely based on the credit agreement clauses made by the parties, but also on Bank Indonesia's special post-disaster policies. The forms of settlement taken include rescheduling, reconditioning, restructuring, collateral seizure, and execution. This study also found that in practice, settlement is more appropriate through renegotiation between creditors and debtors based on the principle of rebus sic stantibus, rather than solely the principle of pacta sunt servanda. Thus, the principle of rebus sic stantibus is more relevant for use in resolving bad debts due to earthquakes, because it is able to accommodate fundamental changes in circumstances while still paying attention to good faith, proportionality, and justice for the parties.
Settlement of Disputes Due to Default on the Ground of Force Majeure: A Review Based on Articles 1244 and 1245 of the Civil Code Hanim, Lathifah; Prasetia Wiranto, Agus
Jurnal Hukum Khaira Ummah Vol 21, No 1 (2026): March 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i1.52405

Abstract

Force majeure is often used as a reason for debtors to escape responsibility for failure to fulfill their obligations (default). This study aims to analyze the criteria for circumstances that can be categorized as force majeure and how the dispute resolution mechanism for default arising from it is based on the perspective of Article 1244 and Article 1245 of the Civil Code (BW). The research method used is normative juridical with a statutory approach and a conceptual approach. The results show that Articles 1244 and 1245 of the BW provide legal protection for debtors to avoid paying costs, damages, and interest, provided that the debtor can prove the existence of an event beyond their control that could not have been predicted beforehand. However, the application of these articles in disputes often creates ambiguity regarding the boundaries between the difficulty of contract implementation (hardship) and the impossibility of contract implementation (impossibility). Dispute resolution in this area ideally prioritizes the principle of good faith through contract renegotiation to achieve a win-win solution before resorting to litigation.
Co-Authors Amalia Fitri, Dini Arifullah, Achmad Jawade Hafidz Lathifah Hanim Muhammad Azam