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All Journal Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Mahkamah: Jurnal Riset Ilmu Hukum Jurnal Multidisiplin Indonesia Majelis: Jurnal Hukum Indonesia
Zudan Arief Fakrulloh
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Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Economic Crime Prevention Strategy in the Trade Sector to Create Healthy and Fair Business Competition M. Arif Syahputra; Zudan Arief Fakrulloh
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i3.1221

Abstract

This study explores the critical role of law in preventing and addressing crimes within the trade sector, focusing on specific economic crimes such as corruption, embezzlement, market manipulation, and smuggling. These crimes are on the rise, primarily driven by social and economic inequality. Unequal wealth distribution, weak regulatory oversight, and legal loopholes create opportunities for individuals and groups to pursue illicit financial gains. Powerful economic entities often exploit these weaknesses to maintain monopolistic control, deepening inequality and obstructing fair competition. Moreover, inadequate law enforcement and a lack of transparency within bureaucratic systems contribute to the widespread practices of bribery and collusion between business actors and government officials. This undermines the effectiveness of existing regulations and diminishes public confidence in the legal framework. The consequences of such economic crimes extend beyond financial losses; they significantly affect the broader society. These include rising poverty and unemployment, the deterioration of public trust in legal institutions, and increased social instability, all of which threaten sustainable economic development. To address these challenges, this study applies criminological and legal perspectives, underlining the necessity of multisectoral collaboration. It advocates for stronger government and legal institutional efforts, along with active community engagement, to enhance oversight mechanisms and promote transparency. Firm and equitable enforcement of laws is essential in ensuring justice and restoring trust. Ultimately, a collective commitment to legal reform and accountability is vital to building a trade environment that is fair, inclusive, and conducive to long-term national growth.
Legal Vacuum in the Regulation of Unregistered New Narcotics Types and the Absence of Legislation Iwansyah Iwansyah; Zudan Arief Fakrulloh
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 4 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i4.1222

Abstract

The study aims to analyze the legal gaps related to the regulation of new types of narcotics that have not been registered. This research employs a normative legal research method, which focuses on analyzing the existing legal provisions as stated in the relevant laws and regulations. The purpose is to examine how these legal frameworks address the emergence of new types of narcotics, especially those not yet registered in Indonesia. With the rapid development of synthetic drugs and other new narcotic substances, existing laws often struggle to keep up with emerging challenges. The normative legal research approach is particularly suitable for this study because it enables a critical examination of how the current legal system responds to these developments and whether it provides adequate legal tools to address such issues. Through this approach, the study will explore the gaps in existing positive law and assess how these legal voids impact the implementation of anti-drug policies and law enforcement in Indonesia. One key issue identified is the inability of current narcotics laws to effectively regulate or prevent the circulation of new, unregistered substances. This lack of legal recognition creates challenges for law enforcement agencies in controlling the distribution and use of such narcotics. Furthermore, the study will analyze the implications of these legal gaps on public health, law enforcement practices, and the overall effectiveness of anti-drug efforts in Indonesia. By identifying the shortcomings in the regulation of new narcotics types, the research aims to provide recommendations for improving legal frameworks and ensuring that laws evolve in tandem with emerging drug trends. Ultimately, this study contributes to enhancing the legal response to narcotic-related issues and supports the development of more effective drug control policies in Indonesia.
Criminal Liability of Perpetrators in Crypto Ecosystem, the Regulatory Challenges, and Legal Voids in the Criminal Law System in Indonesia Pambudi Pambudi; Zudan Arief Fakrulloh
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i3.1042

Abstract

This study aims to examine the legal gaps and regulatory challenges in enforcing criminal liability against perpetrators of crimes within Indonesia’s crypto ecosystem, particularly in the context of Decentralized Finance (DeFi), smart contracts, and decentralized digital asset trading platforms. The research employs a normative juridical approach using statutory and conceptual methods. The findings indicate that current criminal law instruments, such as Article 378 of the Criminal Code, Article 28 paragraph (1) of the Electronic Information and Transactions (ITE) Law, Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering (TPPU), and Law No. 10 of 1998 on Banking, are inadequate to address the unique and complex characteristics of crypto-related crimes. These crimes are anonymous, cross-jurisdictional, and difficult to trace due to the absence of centralized authority. As a result, the existing legal framework fails to provide sufficient victim protection and leads to weak law enforcement effectiveness. This legal vacuum also hampers the state's ability to respond to the growing digital threats and creates legal uncertainty in the expanding crypto space. Therefore, this study recommends the formulation of specific criminal regulations that comprehensively define digital assets, legal subjects within decentralized systems, and new criminal offenses relevant to crypto-related conduct. It also calls for the establishment of specialized institutions dedicated to investigating and prosecuting such crimes. These proposed regulations are expected to strengthen the national criminal justice system, making it more adaptive, fair, and effective in addressing the challenges posed by digital transformation.
Implementation of Election-Level Simplification in Legal Perspective to Overcome Waste of Election Resources and Costs Yulian Gunhar; Zudan Arief Fakrulloh
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.1038

Abstract

This study aims to analyze the implementation of election-level simplification from a legal perspective to overcome the waste of election resources and costs. Elections in Indonesia have faced various challenges, including waste in excessive paper usage, overlapping stages, and inefficient budget allocations. These inefficiencies not only burden the General Elections Commission (KPU) but also affect the effectiveness and transparency of the democratic process. Simplification of election levels is expected to be an effective solution to reduce the administrative and material burdens that hinder the implementation of elections. By streamlining the structure and reducing redundant stages, election organizers can focus more on quality, security, and public participation. This study uses a normative juridical approach by analyzing relevant laws and regulations, such as Law Number 7 of 2017 concerning General Elections, as well as various policies and proposals related to election-level simplification. The analysis also includes legal principles such as efficiency, effectiveness, and legal certainty. Furthermore, the study examines how other democratic countries manage election logistics efficiently to draw lessons that can be contextualized in Indonesia. The results of this study are expected to provide concrete policy recommendations that support the implementation of simplified election systems. These recommendations are aimed at optimizing the election process by minimizing waste, both in terms of budget and the use of natural and human resources, while maintaining the integrity and legitimacy of the democratic process. Thus, this study contributes to the discourse on election reform and democratic strengthening in Indonesia.
Measuring the Effectiveness of Direct General Elections as a Means of Democracy in Regional Head Elections Muhammad Halim; Zudan Arief Fakrulloh
Jurnal Multidisiplin Indonesia Vol. 3 No. 2 (2025): Juni : Jurnal Multidisiplin Indonesia
Publisher : PT. ALHAFI BERKAH INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62007/joumi.v3i2.472

Abstract

Direct regional head elections are one of the real manifestations of democracy at the local level in Indonesia. Through this system, the community is given full rights to elect their leaders directly, without intermediaries, as a form of essential political participation. This study aims to measure the effectiveness of direct elections as a means of democracy by examining the extent to which this mechanism can create quality regional leadership, accountable, and responsive to the people's aspirations. In addition, an analysis was carried out on various challenges faced in its implementation, such as the practice of money politics, low political literacy, and the dominance of party elites. The findings show that although direct elections open up wider space for public participation, their effectiveness still depends on the quality of the organizing institutions, the regulations that govern them, and the political awareness of the community.
Implications of Differences in Professional Certification Authority between Bank Indonesia and the Financial Services Authority on the Effectiveness and Mitigation of Systemic Risk in the Financial Services Industry Miftakul Azis; Zudan Arief Fakrulloh
Jurnal Multidisiplin Indonesia Vol. 3 No. 2 (2025): Juni : Jurnal Multidisiplin Indonesia
Publisher : PT. ALHAFI BERKAH INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62007/joumi.v3i2.487

Abstract

This study examines the problem of disharmony in the regulation and implementation of professional certification in the financial services sector after the issuance of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (PPSK Law). The main focus of the study is the analysis of the overlapping authority between the Financial Services Authority (OJK) and Bank Indonesia (BI) and the impact of granting certification authority to professional associations as stated in Article 261 of the PPSK Law. The provision is considered to create dualism in the certification system that weakens the integrity and accountability of the competence of professional personnel in the financial industry. This study reviews the differences in approach between the Professional Certification Institution (LSP) based on the Indonesian National Work Competency Standards (SKKNI) and certification organized by professional associations and evaluates its implementation by OJK and BI. Through a juridical-normative approach and supported by empirical data from strategic institutions, this study finds that the lack of system integration and lack of institutional coordination have an impact on the non-uniformity of competency standards and the potential for systemic risk in the financial services sector. Therefore, a policy harmonization model is needed that emphasizes the importance of integrating the SKKNI-based certification system, with LSP as the main implementer and professional associations as supporting partners, to ensure equal and credible HR quality across all financial services subsectors.
Co-Authors Iwansyah Iwansyah M. Arif Syahputra Miftakul Azis Muhammad Halim Pambudi Pambudi Yulian Gunhar