RechtIdee
Vol 21, No 1 (2026): JUNE

Beyond Formal Legality: Economic Crime Regulation, Legal Circumvention, and the Protection of Socially Vulnerable Interests in Indonesia and Hungary

Raka Fachriansyah (Universitas Bengkulu)
Herlita Eryke (Universitas Bengkulu)
Dhita Widya Putri (University of Debrecen, Faculty of Economics and Business, Institute of Economics, Hungary)
Putra Perdana Ahmad Saifulloh (Fakultas Hukum Universitas Bengkulu)



Article Info

Publish Date
30 Jun 2026

Abstract

Study Objective: This study examines how criminal law addresses legal evasion without eroding the principle of legality, and how such responses can protect the interests of vulnerable populations.Method/Approach: This study is a legal research that uses both statute and comparative approaches.  comparing Indonesia's fragmented sectoral regime with Hungary's functional combination of anti-tax-abuse, budget-fraud, welfare-fraud, oversight-responsibility, and asset-oriented enforcement.Novelty: This study uses vulnerability as an analytical criterion for identifying the public interests that suffer disproportionate consequences when complex economic crime diverts public resources or distorts market access.Findings: Indonesia should not criminalize all forms of formal compliance that undermine the purpose of regulation. Such a formula w7ould be uncertain and risk turning legitimate administrative disputes into criminal cases. A more defensible approach is a two-tier model. Administrative anti-abuse measures should address both artificial arrangements and tax or regulatory evasion. Hungary offers a useful comparative lesson because its budget fraud regime consolidates several forms of fiscal fraud while maintaining identifiable behavioral elements.Conclusion: Criminal liability only applies if a scheme includes fraudulent conduct, concealment of material facts, false documentation, fictitious transactions, deliberate avoidance of a predetermined public obligation, and demonstrable fiscal or public interest harm.

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Journal Info

Abbrev

rechtidee

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

RechtIdee is published twice a year in June and December containing articles result of thought and researchs in law. This journal encompasses original research articles, review articles, and short communications, including: Private Law Penal Law State and Administrative Law International Law Islamic ...