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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Penelitian Hukum De Jure
Milda Istiqomah
Faculty of Law, Universitas Brawijaya, Indonesia
Law, Crime, Criminology & Criminal Justice

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An Analytical Study of the Lex Favor Reo Principle in the Context of Corruption Case Resolution under the Third Amendment to the State Owned Enterprises Law in Indonesia Fauzan Prasetya; Milda Istiqomah; Bambang Sugiri; Aiden L. Moreau
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6879

Abstract

This study analyzes the implications of Law No. 1 of 2025—the Third Amendment to the SOE Law—on the application of the lex favor reo principle in corruption cases involving State-Owned Enterprises (SOEs) in Indonesia. Using a normative juridical approach with analytical and conceptual methods, the research reveals that the amendment redefines SOEs, limits the auditing authority of the Supreme Audit Agency, and removes the automatic classification of SOE losses as state losses. As a result, the legal interpretation of “state financial loss” in corruption cases has shifted significantly, potentially narrowing the scope of criminal liability for SOE officials. This change may lead to the re-evaluation of ongoing corruption prosecutions, including possible sentence reductions or acquittals. The study highlights the complex interaction between corporate reform and criminal accountability, emphasizing the need for doctrinal coherence, legal certainty, and the protection of substantive justice within Indonesia’s evolving post-reform legal framework. 
An Integrated Policy Model for Supervisory Punishment under Indonesia's New Criminal Code Rohmat Rohmat; Milda Istiqomah; Nurini Aprilianda
Jurnal Penelitian Hukum De Jure Vol 25 No 3 (2025): Edisi November
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2025.V25.151-170

Abstract

The inclusion of supervisory sanctions in Indonesia's new Criminal Code signifies a shift toward non-custodial and rehabilitative forms of punishment, reflecting a broader transition from retributive to corrective and restorative justice. Despite their formal adoption, the regulatory frameworks necessary for their implementation remain underdeveloped. This study examines the normative and philosophical foundations of supervisory sanctions and proposes an integrated legal policy model for their effective application. Employing a normative juridical method supported by statutory, comparative, and conceptual approaches, the research is analyzed within a prescriptive framework. The findings indicate that these sanctions are intended to provide offenders with a second chance through structured oversight and individualized rehabilitation, thereby avoiding incarceration. This study offers a novel insight by presenting an integrated policy model for supervisory sanctions, an approach that has not previously been developed within Indonesia's legal system. The proposed model outlines mechanisms for enforcement, supervision duration, and reintegration programs. By addressing a critical gap in Indonesia's penal system, this research contributes original perspectives and a practical framework for the operationalization of community-based criminal sanctions.
Co-Authors Aiden L. Moreau Bambang Sugiri Fauzan Prasetya Nurini Aprilianda Rohmat Rohmat