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All Journal Jurnal Analisis Hukum AHKAM : Jurnal Hukum Islam dan Humaniora
Herang, Andika Rayhan Putra
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Unsur Perbuatan Pidana Dalam Kasus Korupsi Impor Gula Mantan Menteri Perdagangan Thomas Trikasih Lembong Herang, Andika Rayhan Putra
Jurnal Analisis Hukum Vol. 8 No. 2 (2025)
Publisher : Universitas Pendidikan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38043/jah.v8i2.7028

Abstract

This study aims to analyze the criminal elements in the alleged corruption case involving former Minister of Trade Thomas Trikasih Lembong regarding the issuance of raw sugar import quotas during 2015–2016. Using a normative juridical approach and qualitative analysis method, this research examines the legal aspects of sugar import policies suspected of violating regulatory procedures and causing state financial losses. The focus lies in establishing abuse of power that meets the criminal elements outlined in Article 2 and Article 3 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption. The study also considers the principle of legality and general principles of good governance as the basis for evaluating whether administrative actions potentially constitute criminal offenses. The findings indicate that proving malicious intent (mens rea) and causal links to state losses are critical elements in classifying the actions as criminal corruption. This research contributes academically by clarifying the boundary between policy errors and criminal acts in the context of public officials’ accountability.
Kedudukan Hukum Kontrak Spot dalam Transaksi Kripto di Indonesia Herang, Andika Rayhan Putra; Junus, Nirwan; Towadi, Mellisa
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8727

Abstract

Spot market transactions in crypto assets in Indonesia have shown significant growth; however, this development has not been fully matched by adequate legal certainty and protection, particularly regarding the legal status of spot contracts as the basis of the legal relationship between business actors and consumers. This study aimed to analyze the legal status of spot contracts in crypto-asset transactions in Indonesia and to identify factors influencing their implementation under spot market supervisory provisions, an urgency heightened by the rapid growth of crypto-asset trading and the shift in the supervisory regime from the Commodity Futures Trading Regulatory Agency (Bappebti) to the Financial Services Authority (OJK). The study employed normative legal research using a statutory approach and a comparative approach. The findings show that spot contracts have a valid and binding legal status because they satisfy the legal requirements for agreements under Article 1320 of the Indonesian Civil Code (KUHPerdata) and are executed through organizers registered with and supervised by the competent authority. The transfer of authority from Bappebti to OJK marks a paradigm shift from viewing crypto assets as commodities toward treating them as digital financial assets under financial services sector supervision. The study also finds that the effectiveness of spot contract implementation is determined by three main factors: regulatory consistency, supervisory effectiveness, and institutional readiness, including the governance of exchanges, physical traders, and clearing institutions, which are essential prerequisites for ensuring legal certainty, market stability, and consumer protection within Indonesia’s crypto-asset trading ecosystem. Accordingly, this study has implications for strengthening understanding of electronic contracts in the context of digital financial assets and enriching scholarship on the legal status of spot contracts within the Indonesian legal system.
Co-Authors Mellisa Towadi Nirwan Junus