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All Journal Ipso Jure Journal of Strafvordering Indonesian
M.Syahrul Borman
Universitas Dr. Soetomo
Law, Crime, Criminology & Criminal Justice

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Miscarriage of Justice in Corporate Fraud Cases: The Legal Paradox of the Herlambang Gold Transaction in Indonesia Yuli Maria Lyanawati; M.Syahrul Borman; Vieta Imelda Cornelis
Ipso Jure Vol. 2 No. 12 (2026): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jn3e2z56

Abstract

This article examines a high value gold transaction dispute that illustrates how fragmented judicial reasoning, prosecutorial discretion, and corporate governance failures can converge to produce a miscarriage of justice in complex economic-crime cases. Using a socio-legal case study approach, the analysis reconstructs a transaction in which a buyer paid IDR 1.2 trillion for 4,000 kilograms of gold but received only 2,400 kilograms, a shortfall acknowledged by the selling corporation in civil proceedings. Early criminal cases convicted corporate insiders for fraud, recognizing the buyer as a victim. However, subsequent corruption proceedings reversed this position, alleging without evidentiary support that the buyer unlawfully obtained excess gold and caused state financial loss. Criminal courts accepted this narrative despite auditor testimony confirming the absence of state loss and despite inconsistencies with civil judgments. The findings reveal four systemic weaknesses: disregard of documentary evidence, role inversion from victim to offender, contradictory civil–criminal outcomes, and liability shifting driven by corporate governance failures. These dynamics align with broader patterns of wrongful convictions in economic-crime contexts. The study underscores the need for stronger evidentiary standards, improved inter-court coordination, enhanced forensic capacity, and clearer boundaries between commercial disputes and corruption enforcement
Criminalization of Fraud Victims in Gold Trading Disputes: An Analysis of Conflicting Criminal and Civil Court Decisions in Indonesia Yuli Maria Lyanawati; M.Syahrul Borman; Vieta Imelda Cornelis
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/d9xqbn33

Abstract

The expansion of criminal law into private commercial disputes has raised serious concerns regarding over-criminalization and legal certainty. This article examines the phenomenon of fraud victim criminalization in gold trading disputes through an analysis of conflicting civil and criminal court decisions in Indonesia. Using a qualitative doctrinal and socio-legal case study approach, the study analyzes judicial reasoning in parallel proceedings arising from identical transactional facts. The findings reveal that a purchaser legally recognized as a fraud victim in binding civil judgments was subsequently prosecuted and convicted under corruption and money laundering statutes. This outcome resulted from the disregard of prior civil findings, expansive interpretations of state loss, and a narrow application of the ne bis in idemprinciple. The study argues that such judicial fragmentation undermines legal certainty and distorts the function of criminal law as ultima ratio. By situating the case within theories of over criminalization and miscarriage of justice, this article contributes to the literature on economic crime enforcement and judicial coherence. It concludes by emphasizing the need for stronger doctrinal coordination between civil and criminal adjudication to prevent victim criminalization and ensure fair and consistent application of the law in Indonesia
Co-Authors Vieta Imelda Cornelis Yuli Maria Lyanawati