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All Journal Jurnal Ilmiah Hukum LEGALITY International Journal of Qualitative Research
I Gede Druvananda Abhiseka
Faculty of Law, Universitas Pendidikan Nasional, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Towards a structural constitution: contribution of Presidential Succession Law to the Constitution of Indonesia Febriansyah Ramadhan; I Gede Agus Kurniawan; I Gede Druvananda Abhiseka; Putu Wahyu Widiartana; Roqiyul Maarif Syam
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.40203

Abstract

This study examines the relatively underexplored domain of presidential succession within constitutional law, which addresses the critical scenario in which the offices of the President and Vice President simultaneously become vacant. Despite its importance, the conceptual frameworks and defining characteristics of succession regimes have not been systematically or comprehensively mapped. To fill this gap, the present article establishes a strong theoretical foundation for presidential succession by applying doctrinal methods grounded in constitutional analysis, comparative law, and conceptual inquiry. Furthermore, it synthesises and organises the salient features of succession provisions as they appear across a variety of national constitutions. Employing a comparative constitutional approach, the research aggregates these dispersed elements to illuminate common patterns and divergences. The findings suggest that a more advanced articulation of succession rules could substantially enhance the structural integrity of Indonesia’s 1945 Constitution, elevating it toward a fully automated and systematised mechanism that minimises discretionary discretion, resists political interference, and guarantees continuity of executive authority. Finally, the catalogued key features offer a fertile basis for further empirical and normative investigation aimed at identifying the optimal configuration of succession clauses for any given constitutional order.
Asset Confiscation as a Criminal Policy against Proceeds of Corruption Crimes I Putu Edi Rusmana; I Gusti Agung Kiddy Krsna Zulkarnain; I Gede Druvananda Abhiseka; Kadek Indra Dewan Tara
International Journal of Qualitative Research Vol. 5 No. 3 (2026): March
Publisher : CV. Literasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47540/ijqr.v5i3.2747

Abstract

This research aims to analyze the concept of asset confiscation in corruption offenses and to examine its position within the criminal punishment system under Indonesian criminal law. Corruption is widely recognized as a crime that generates significant harm to state finances, governmental stability, and public trust in state institutions. In the development of modern criminal law, anti-corruption efforts are no longer solely oriented toward punishing offenders but also toward eliminating the economic benefits obtained from criminal activities through asset confiscation mechanisms. This study employs normative legal research using statutory and conceptual approaches. The legal materials consist of primary legal sources in the form of legislation related to corruption eradication and criminal procedure law, as well as secondary legal materials including academic literature, journal articles, and scholarly opinions relevant to asset confiscation and criminal policy. The findings reveal that asset confiscation in corruption cases should not merely be viewed as an additional punishment within the criminal sanction system, but also as a strategic instrument of criminal policy aimed at eliminating illicit economic gains while facilitating the recovery of state financial losses. Strengthening the mechanism of asset confiscation is therefore essential to enhance the effectiveness of anti-corruption policies and to ensure that corruption does not generate economic benefits for offenders.
Co-Authors Febriansyah Ramadhan I Gede Agus Kurniawan I Gusti Agung Kiddy Krsna Zulkarnain I Putu Edi Rusmana Kadek Indra Dewan Tara Putu Wahyu Widiartana Roqiyul Maarif Syam