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All Journal Masalah-Masalah Hukum JPPUMA: Jurnal Ilmu Pemerintahan dan Sosial Politik Universitas Medan Area Jurnal Ilmiah Hukum LEGALITY Journal of Government and Civil Society DE LEGA LATA: Jurnal Ilmu Hukum Pagaruyuang Law Journal JHR (Jurnal Hukum Replik) Indonesian Journal of Law and Policy Studies Jurnal Inovasi dan Kreativitas (JIka) Jurnal Dedikasi Hukum Journal of Law and Legal Reform Lex Scientia Law Review Jurnal Pengabdian Hukum Indonesia Jurnal Jurisprudence Indonesian Constitutional Studies
Amiludin, Amiludin
Faculty Of Law, Universitas Muhammadiyah Tangerang
Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Unexplained Wealth and the Reverse Burden of Proof: A Tool for Combating Public Sector Corruption Undang Prasetya Umara; Amiludin Amiludin; Dwi Nurfauziah Ahmad; Kenjiro Ken Arwin
Jurnal Hukum Replik Vol 13 No 2 (2025): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i2.15867

Abstract

Public sector corruption remains a persistent challenge in Indonesia, undermining governance, public trust, and sustainable development. Conventional criminal justice approaches, which place the burden of proof solely on prosecutors, often prove inadequate in addressing complex corruption schemes characterized by concealed assets and illicit enrichment. This article examines the concept of unexplained wealth and the application of a reverse burden of proof as a legal mechanism for combating corruption within Indonesia’s public sector. Using normative legal analysis supported by comparative and doctrinal approaches, the study evaluates the compatibility of unexplained wealth frameworks with Indonesia’s constitutional principles, anti-corruption laws, and international obligations, particularly the United Nations Convention against Corruption (UNCAC). The findings demonstrate that a carefully designed reverse burden of proof, limited to asset recovery proceedings and accompanied by strong procedural safeguards, can enhance the effectiveness of corruption control without violating fundamental rights. The article contributes to the existing literature by offering a contextualized legal model for integrating unexplained wealth provisions into Indonesia’s anti-corruption regime, bridging the gap between global best practices and domestic legal constraints. It further provides policy-relevant insights for legislators and law enforcement authorities seeking innovative yet constitutionally sound tools to address illicit enrichment among public officials.
Oligarchy vs. Sovereignty: Constitutional Amendments and the Democratic Regression of Indonesia’s Post-Reform Era Amiludin Amiludin; Bahtiar Amrullah; Tajudeen Sanni; Zaharuddin Sani Ahmad Sabri; Bayangsari Wedhatami
Indonesian Constitutional Studies Vol. 1 No. 1 (2025): Indonesian Constitutional Studies, April 2025
Publisher : ARTES LIBRES INSTITUTUM

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Abstract

This study examines the paradoxical role of Indonesia’s post-Reform constitutional amendments, which, while designed to enhance democracy, have inadvertently facilitated oligarchic capture and democratic regression. The primary objective is to analyze how constitutional design, though formally advancing popular sovereignty, created institutional arrangements that allowed entrenched elites to mediate, constrain, and often subvert the people’s will. Employing a doctrinal legal method complemented by comparative and conceptual analysis, the research evaluates Indonesia’s constitutional amendments of 1999–2002, relevant statutes, and Constitutional Court jurisprudence, situating these within broader global patterns of democratic backsliding in Latin America, Eastern Europe, and the United States. The analysis integrates theoretical insights from Robert Dahl’s polyarchy, Michael Walzer’s spheres of justice, and Jeffrey Winters’ theory of oligarchy to illuminate the nexus between economic power and political sovereignty. The findings reveal that while the amendments formally entrenched rights, strengthened checks and balances, and institutionalized elections, they simultaneously empowered political parties as gatekeepers, entrenched money politics, weakened oversight institutions such as the Constitutional Court and Corruption Eradication Commission, and left socio-economic inequalities unaddressed. These dynamics have gradually hollowed out the substantive content of sovereignty, embedding oligarchic dominance within constitutional practice. The study concludes that reform-oriented constitutionalism must extend beyond textual guarantees to address structural inequalities, democratize political parties, fortify accountability institutions, and embed participatory safeguards. By integrating lessons from comparative constitutionalism, Indonesia can reimagine its constitutional order to resist oligarchic entrenchment and reclaim the democratic promise of Reform.
A New Era in the Implementation of Rehabilitation and Compensation Rulings in State Administrative Courts Tri Cahya Indra Permana; Amiludin Amiludin
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.14524

Abstract

The implementation of court rulings on rehabilitation and compensation in the State Administrative Court has entered a new era with the issuance of execution guidelines for the supervision of rulings with permanent legal force by the Head of the State Administrative Chamber of the Supreme Court of the Republic of Indonesia. These guidelines mark the first time in the history of the Supreme Court that a compensation amount has been reassessed and determined by the Serang State Administrative Court due to the failure to implement rehabilitation in an employment dispute. The compensation awarded does not refer to Government Regulation No. 43 of 1991, which limits compensation to between one hundred thousand rupiah and two million rupiah, but instead is based on the actual losses of the petitioner. This practice has set a positive precedent for the execution of compensation or monetary payments, which is expected to be followed by other State Administrative Courts. It is hoped that the Plaintiffs/Execution Applicants will follow the legal enforcement procedures outlined in the Minister of Finance Regulation Number 80/PMK.01/2015 regarding the Implementation of Legal Decisions, enabling the realization of compensation payments, and it is recommended that the Minister of Finance execute the legal decisions, especially the Supreme Court's re-determination regarding the compensation payment amount, so that justice for the Plaintiffs/Execution Applicants can be fully realized.
Co-Authors Adie Dwiyanto Nurlukman Ahmad Ahmad Allysa Sonia Arcelia Andi Batubara Annisa' Al Sakinata Bahtiar Amrullah Bayangsari Wedhatami Dwi Nur Fauziah Ahmad Dwi Nurfauziah Ahmad Galih Wasis Wicaksono Haliza Nur Fazriyah Haryono Haryono Hidayatullah Ika Khairunnisa Simanjuntak Ikhfa Pratiwi Irna Rudiana Irvan Fadjar Satrio Irwandi Irwandi Kenjiro Ken Arwin Kiki Andesti Meisya Maulidina Saleha Muhamad Badru Salam Muhamad Furqon Juanda Muhammad Asmawi Muhammad Rasyid Ridho Nanda Agus Safana Sukma Nia Rosmiati Nur Putri Hidayah Putri Lili Rahmad Ramadhan Hasibuan Sigit Gunawan Siti Nurhalisa Siti Nurmala Lailatul Muafika Sofwan, Edi Tajudeen Sanni Toddy Aditya Tri Cahya Indra Permana Undang Prasetya Umara Undang Prasetya Umara Undang Prasetya Umara Upik Mutiara Upik Mutiara Zaharuddin Sani Ahmad Sabri