Amir Minabari
Universitas Dumoga Kotamobagu

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The Contest of Moral Values and Human Rights in the Formulation of Criminal Offenses inbthe National Criminal Code Amir Minabari
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/aj5d0d93

Abstract

The establishment of the National Criminal Code through Law Number 1 of 2023 reflects the state's efforts to harmonize the criminal law system with the moral values that live in Indonesian society. The process of codifying criminal norms cannot be separated from the moral plurality that comes from religion, customs, and culture, which are often used as a reference for criminalization. However, differences in the acceptance of moral values pose a challenge to legitimacy when criminal norms are generally binding. Law Number 1 of 2023 shows the tendency to use morality as a basis for criminalization, which has the potential to expand delicacies, create legal uncertainty, and risk discrimination against minority groups. The protection of human rights is the main parameter, especially related to the right to privacy, the principle of non-discrimination, and the limits of state intervention. The harmonization between public morality, the protection of individual rights, and the principle of the rule of law still faces normative and structural tensions. Overcriminalization can weaken the selective power of criminal law and burden the justice system. Critical and normative evaluation is needed to ensure that criminal law functions as an instrument of justice and protection of rights, not just a tool of moral affirmation. Normative juridical research shows the need for a balance between moral values, social interests, and human rights in order for the National Criminal Code to have strong juridical, sociological, and philosophical legitimacy.
Legal Classification of Non-Donation CSR Funds in Village Financial Governance Eldy Satria Noerdin; Amir Minabari; Alvin Evrialdo Noerdin
JURNAL USM LAW REVIEW Vol. 9 No. 3 (2026): SEPTEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v9i3.14001

Abstract

This study examines the legal ambiguity surrounding the integration of non-donation Corporate Social Responsibility (CSR) funds into village financial governance in Indonesia, particularly regarding the uncertain boundary between private corporate assets and public finance. The research addresses whether CSR funds transferred into village accounts automatically acquire the status of state finance, thereby exposing village officials to administrative and criminal liability risks. Using a normative legal research method with statutory, doctrinal, and conceptual approaches, this study analyses regulations concerning CSR, village finance, state finance, and anti-corruption law, supported by doctrinal legal reasoning and expert consultations involving administrative law scholars, auditors, and corporate law practitioners. The findings demonstrate that non-donation CSR funds possess a hybrid legal character because they simultaneously embody private contractual ownership and public administrative oversight. Substantively, such funds remain corporate assets governed by the principle of pacta sunt servanda until contractual obligations are fulfilled and therefore cannot automatically be classified as state finance merely because they are deposited into village accounts. The study further reveals that the absence of specific regulatory differentiation has created legal uncertainty that conflates maladministration, breach of contract, and corruption offenses within village financial governance. Accordingly, this research proposes a regulatory reconstruction through adaptive mechanisms, including off-budget accounting, escrow arrangements, and designated forwarding accounts accompanied by explicit normative distinctions between administrative, civil, and criminal liability. The novelty of this study lies in conceptualising non-donation CSR funds as a hybrid cross-regime legal category, while its contribution resides in developing a doctrinal and regulatory framework that reconciles corporate contractual rights with public accountability principles in village financial governance.