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All Journal Rechtsidee Media Hukum Indonesia (MHI)
Winharli, Khurulaini Syahwa
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Judicial Review Pasal Karet UU ITE: Analisis Putusan Mahkamah Konstitusi No. 105/Puu-Xxii/2024 Dalam Perlindungan Hak Konstitusional Warga Negara Fedira, Revania; Winharli, Khurulaini Syahwa; Shafira, Annisa Shiva; Rahman, Naila Kamila; Elvira, Olga
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15668691

Abstract

This study discusses the implementation of the Code of Ethics and Guidelines for Judges' Conduct (KEPPH) as the main instrument in suppressing abuse of authority in the Indonesian judiciary. Using normative legal research methods, this study analyzes legal norms, doctrines, and court decisions related to supervision and enforcement of discipline against judges. The results of the study indicate that the mechanism of supervision and enforcement of discipline has been running structurally through the role of the Supreme Court (MA) and the Judicial Commission (KY), although it still faces challenges such as limited resources, less than optimal coordination, and an unstable legal culture. The most frequent violations of the code of ethics include abuse of authority, bribery, and gratification, which have a serious impact on public trust in the judicial institution. Effective enforcement of the KEPPH is considered very important to strengthen the integrity of judges, improve the quality of decisions, and build a clean, transparent, and accountable judicial system in Indonesia.
Strengthening the Role of the Corruption Eradication Commission in Preventing Corruption through the Illicit Enrichment Approach in LHKPN Reporting: Penguatan Peran KPK dalam Pencegahan Tindak Pidana Korupsi melalui Pendekatan Illicit Enrichment pada Pelaporan LHKPN Winharli, Khurulaini Syahwa
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1087

Abstract

General Background: Corruption remains a persistent systemic problem in Indonesia, prompting preventive strategies centered on transparency and accountability of public officials. Specific Background: The Corruption Eradication Commission (KPK) administers the State Officials’ Wealth Report (LHKPN) as a preventive instrument; however, its implementation is weakened by low compliance, data inaccuracy, and the absence of stringent sanctions. Knowledge Gap: Although Indonesia has ratified the United Nations Convention against Corruption (UNCAC), the Illicit Enrichment mechanism mandated therein has not been substantively integrated into the national legal framework to reinforce LHKPN. Aims: This study examines the prospects of incorporating the Illicit Enrichment concept into Indonesian regulations to strengthen LHKPN as an effective tool for corruption prevention. Results: The findings indicate that adopting Illicit Enrichment could enhance substantive verification of LHKPN, ensure accountability of asset disclosures, and provide a legal basis for follow-up actions against unexplained wealth. Novelty: This study offers a focused legal analysis linking Illicit Enrichment directly to the strengthening of LHKPN as a preventive mechanism rather than solely as a punitive tool. Implications: Regulating Illicit Enrichment in Indonesia would bolster the preventive mandate of the KPK, improve asset transparency, and contribute to more effective corruption deterrence through enhanced legal certainty and enforcement. Highlights: Administrative-only LHKPN sanctions weaken deterrence and reduce asset declaration accountability. Illicit enrichment criminalization enables substantive verification of abnormal wealth growth in LHKPN. Strengthened enforcement supports investigation escalation and asset recovery for unexplained wealth. Keywords: Corruption Prevention, Illicit Enrichment, LHKPN, Asset Transparency, KPK
Co-Authors Elvira, Olga Fedira, Revania Rahman, Naila Kamila Shafira, Annisa Shiva