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All Journal MALA IN SE : JURNAL HUKUM PIDANA, KRIMINOLOGI DAN VIKTIMOLOGI
Lucky Ferdiles
Borobudur University
Law, Crime, Criminology & Criminal Justice

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POLITICAL DIRECTION OF DIGITAL TRANSFORMATION LAW IN THE CRIMINAL JUSTICE SYSTEM (E-LITIGATION) TO REALIZE THE PRINCIPLES OF SIMPLE, FAST, AND LOW-COST JUSTICE Andre Firza Setyananda; Lucky Ferdiles
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.256

Abstract

Digital transformation in the criminal justice system is a necessity along with the increasingly massive development of information and communication technology. One of the concrete forms of this transformation is the implementation of the e-litigation system in the criminal justice process. The presence of e-litigation is not only interpreted as an administrative technical innovation, but also as a manifestation of the political direction of national law in building an effective, efficient, and fair judicial system. This article aims to analyze the political direction of digital transformation in the criminal justice system in Indonesia and examine its relevance to the principles of simple, fast, and low-cost justice. This research uses normative juridical methods with legislative, conceptual, and historical approaches. The results of the study show that the implementation of e-litigation in the criminal justice system is a form of progressive legal policy that aims to strengthen access to justice, increase transparency, and reduce structural barriers in the criminal law enforcement process. However, the effectiveness of e-litigation still faces various challenges, both in terms of regulations, the readiness of law enforcement officials, and the technology gap in society. Keywords: Legal politics, digital transformation, e-litigation, criminal justice, judicial principles.
BANKRUPTCY OF FOREIGN COMPANIES IN INDONESIA: A JURIDICAL ANALYSIS OF THE JURISDICTION AND RECOGNITION OF FOREIGN BANKRUPTCY JUDGMENTS Patar Bronson Sitinjak; Lucky Ferdiles
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 3 No. 1 (2026): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (April)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v3i1.265

Abstract

The increasing penetration of multinational enterprises into the Indonesian market poses intricate legal dilemmas, especially in cases of corporate insolvency. This investigation assesses the authority of Indonesia's Commercial Courts in adjudicating the bankruptcy proceedings of overseas firms and evaluates the acknowledgment of extraterritorial bankruptcy rulings under private international law principles. Employing a normative juridical methodology that incorporates statutory and conceptual analyses, the inquiry relies on primary legal sources such as statutes, supplemented by secondary materials including academic literature. The results reveal that Commercial Courts exercise jurisdiction over foreign debtors predicated on their conduct of business operations within Indonesia. Nonetheless, this authority is confined to territorial boundaries, rendering the recovery of assets situated overseas effectively impossible. Moreover, prevailing Indonesian legislation lacks explicit provisions for recognizing foreign bankruptcy judgments. Consequently, these rulings serve merely as supportive evidence and lack direct enforceability absent an international treaty or the doctrine of reciprocity. This legislative shortfall substantially undermines safeguards for creditors in transnational dealings, underscoring the pressing imperative for Indonesia to enact the UNCITRAL Model Law on Cross-Border Insolvency as a pivotal reform measure.
Co-Authors Andre Firza Setyananda Patar Bronson Sitinjak