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LEGAL PERSPECTIVES ON THE CONFISCATION OF CORRUPTION ASSETS: IMPLICATIONS FOR JUSTICE AND HUMAN RIGHTS Thaifur Rasyid; Sunardi; Nofi Sri Utami
International Journal of Cultural and Social Science Vol. 6 No. 1 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i1.1014

Abstract

This study examines the legal impact of the policy on the confiscation of assets derived from corruption on human rights in Indonesia, focusing on property rights and the presumption of innocence. A qualitative approach is used, combining normative legal analysis with empirical case studies through observation and documentation of asset confiscation cases in Indonesia. The findings indicate that while asset confiscation is a key tool in fighting corruption, its implementation faces legal challenges that jeopardize citizens' constitutional rights. Issues include asset confiscation without a final court decision (inkracht) and inadequate legal protection for third parties acting in good faith. The study suggests the need for policy reforms to strengthen evidence mechanisms, improve transparency, ensure independent oversight, and offer clearer legal protections. These reforms are essential to balancing the fight against corruption with respect for human rights in Indonesia’s legal system. Further research should focus on empirical case examples and a broader theoretical discussion.
LEGAL PROTECTION FOR WORKERS GIG ECONOMY IN THE PLATFORM ECONOMY ERA M. Alif Sannah Nurul Iqbal; Abdul Rokhim; Nofi Sri Utami
International Journal of Cultural and Social Science Vol. 6 No. 2 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i2.1084

Abstract

This research focuses on a juridical analysis of the conformity of Indonesia's labor law framework in providing protection for workers in the gig economy sector, particularly those working through digital platforms. The method used is normative juridical research with a legislative approach and literature study on legal literature, international reports, and relevant jurisprudence. The research results show that Indonesian labor regulations, such as Law Number 13 of 2003 and the Job Creation Law, have not been able to reach new forms of work relationships that are flexible but have a structural dependency on platform companies. The absence of formal legal recognition for digital workers has created a void in social and employment protections, and has strengthened the dominant position of corporations through opaque algorithmic regulations. The implications of these findings underscore the importance of reformulating labor laws to be more adaptive, substantive, and contextual, in order to ensure distributive justice and the rights of digital workers in the era of technology-based economies.
The Legality of Retail Fuel Sales Falah Ilmania, Nurika; Nofi Sri Utami; Moh. Muhibbin
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 11 No 2 (2022): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.vi.32960

Abstract

Fuel Oil (BBM) is one of the basic needs of the community, as the management and distribution of BBM is protected by the State to be able to maintain the quality of BBM. However, the research found that there are rampant individual retail fuel sales business actors who do not have legality and business licenses stipulated by the Government and have the aim of seeking individual profit. This paper aims to determine the regulation of fuel sales and the sociology of law on the legality of retail fuel sales. This research is an empirical juridical research with a descriptive approach conducted in Dinoyo District, Malang City. Based on the results of research on public legal awareness about the legality of retail fuel sales, it is still not said to be legally aware. Due to some of the indicators, people tend to ignore and ignore the legality of the commercial business license on BBM. Keywords: Business Legality; Oil Fuel; Retail Sales of Fuel Oil