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All Journal JURNAL HUKUM
Hendro Widodo
Universitas Islam Sultan Agung, Semarang, Indonesia
Religion Humanities Social Sciences

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The Criminalization of Civil Disputes: A Legal Analysis of the Application of Criminal Charges in Cases Involving State Finances Nurmalah Nurmalah; Hamzeh Abu Issa; Hendro Widodo; HD Djunaedi; Andhika Yuli Rimbawan
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.48749

Abstract

The phenomenon of criminalization of civil disputes involving state finances has created controversy in Indonesian legal practice. The unclear boundary between administrative-civil state losses and corruption has led to law enforcement practices that often exceed the principle of ultimum remedium. This paper aims to analyze the legal application of criminal charges in civil cases impacting state finances by examining the normative framework, court decisions, and the practice of calculating state losses by state auditors. This research uses a normative-doctrinal approach through analysis of laws, decisions of the Constitutional Court and the Supreme Court, and concrete case studies. The results of the study indicate that inconsistent definitions of "state losses" and the absence of standard calculation methods increase the risk of criminalization of acts that should be resolved administratively or civilly. This article recommends the need for standardization of audit methodology, strengthening the mechanism for claiming compensation for state losses in the administrative realm, and affirming the principle of ultimum remedium in prosecution policy.
The Rescue of State Financial Losses: A New Paradigm of Law Enforcement Bastian Lubis; Burhan Alsyouf; Hendro Widodo
Jurnal Hukum Vol 42, No 2 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i2.49275

Abstract

Corruption causes state losses that hinder the realization of national goals. The criminal justice system, which still relies on a retributive paradigm, has proven incapable of recovering state losses or preventing corruption. The purpose of this study is to analyze the urgency of recovering state losses as the primary focus of addressing corruption crimes and to propose a formulation for state financial savings based on the value of justice. The results show that a retributive approach only exacerbates the burden on the state budget through case handling costs and overcrowding in correctional institutions, while asset recovery from corruptors is disproportionate to the losses suffered. A restorative justice approach that emphasizes the recovery of state losses has the potential to be a more efficient and equitable alternative, in line with practices in countries such as the Netherlands that prioritize recovery of losses and out-of-court settlements. This study offers a novel approach in the form of the need for regulatory reconstruction that allows for the termination of prosecution or the elimination of criminal penalties for perpetrators who return all state losses, representing a paradigm shift from retributive justice to restorative justice.
Co-Authors Andhika Yuli Rimbawan Bastian Lubis Burhan Alsyouf Djunaedi Djunaedi Hamzeh Abu Issa Nurmalah Nurmalah