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Angga A.G
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INDONESIA
Journal of Strafvordering Indonesian
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30468620     DOI : https://doi.org/10.62872/2389ay17
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The journal publishes original articles on current issues and international trends in the field of criminal law. The purpose of the publication of this Journal is to provide a space to publish critical thinking on original research results, as well as conceptual ideas from academics, researchers, and practitioners that have never been published in other media.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 3 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2026): JOSI - MARCH" : 3 Documents clear
Criminal Liability in the Energy Sector Corruption Scandal: A Legal Analysis of Abuse of Authority in State-Owned Enterprises Assaad, A. Istiqlal
Journal of Strafvordering Indonesian Vol. 3 No. 1 (2026): JOSI - MARCH
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/94z7a533

Abstract

Corruption in the energy sector involving State-Owned Enterprises (SOEs) is a form of abuse of authority that significantly impacts state financial losses and weakens corporate governance. The complexity of energy sector management, which involves strategic business decisions, often raises debates about the boundaries between legitimate business risks and unlawful acts that can be qualified as corruption. This condition creates the need for a legal review of the construction of criminal liability of SOE officials in energy sector management. This study aims to analyze the legal construction of abuse of authority in corruption in the management of SOEs in the energy sector and examines the forms of criminal liability of SOE officials from the perspective of criminal law and corporate governance. The research method used is normative legal research with a statutory approach, a conceptual approach, and a case approach analyzed qualitatively. The results show that the criminal liability of SOE officials is determined by the fulfillment of the elements of fault, a causal relationship, and the existence of abuse of authority that causes state losses. The business judgment rule principle can provide legal protection for business decisions taken in good faith and based on the principle of prudence, but does not apply if there is a conflict of interest, bad faith, or a violation of the principles of good corporate governance. Therefore, it is necessary to construct a criminal liability model that is able to clearly distinguish between legitimate business risks and abuse of authority so that corruption eradication remains effective without hindering legitimate business decision-making in the management of state-owned enterprises in the energy sector.
Modernization of the Criminal Law System in Combating Transnational Crime in the Era of Globalization Ambarita, Folman P
Journal of Strafvordering Indonesian Vol. 3 No. 1 (2026): JOSI - MARCH
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/kcm2ne52

Abstract

The development of globalization has driven the rise of transnational crime, which is cross-jurisdictional, organized, and exploits technological advances and the global financial system. This phenomenon poses a serious challenge to the national criminal law system, which is still fundamentally oriented towards the principle of territoriality and has not fully anticipated the dynamics of transnational crime. This study aims to analyze the criminal law regulations for transnational crime from the perspective of national and international law, and to examine the modernization of the criminal law system as an effort to strengthen the prevention of transnational crime in the era of globalization. The research method used is normative legal research with a statutory approach, a conceptual approach, and a comparative approach analyzed qualitatively. The results show that the regulation of transnational crime in the Indonesian criminal law system has been regulated through various sectoral laws such as the Narcotics Law, the Money Laundering Law, the Eradication of Terrorism Law, and the Eradication of Human Trafficking Law. These regulations represent a form of implementation of Indonesia's commitment to international legal instruments, however, there are still unclear norms, especially regarding cross-border jurisdiction, coordination between law enforcement agencies, and regulations regarding digital technology-based crimes. Modernization of the criminal law system is necessary through harmonization of national law with international standards, strengthening international legal cooperation, utilizing technology in law enforcement, and reformulating legal norms that are more adaptive to the development of transnational crime.
Dark Side of Digital Economy: A Criminal Law Study of Economic Crimes on Digital Platforms Salmon, Harly Clifford Jonas
Journal of Strafvordering Indonesian Vol. 3 No. 1 (2026): JOSI - MARCH
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xjfjn579

Abstract

The development of the digital economy through various information technology-based platforms has created a major transformation in people's economic activities. On the other hand, this development has also given rise to various new forms of economic crime that exploit digital systems as a means to obtain unlawful profits. This situation poses challenges for the criminal law system in anticipating and addressing platform-based economic crimes. This study aims to analyze the criminal law construction for economic crimes on digital platforms and examine the ambiguity of norms regarding criminal liability for platform-based economic crimes. The research method used is normative legal research with a statutory and conceptual approach. Legal materials are analyzed qualitatively to identify the alignment between digital economic developments and applicable legal regulations. The results show that criminal law regulations related to digital economic activities in Indonesia are still partial and do not specifically regulate various forms of economic crimes on digital platforms. The ambiguity of norms regarding the responsibilities of platform providers, the determination of legal subjects, and electronic evidence-based evidentiary mechanisms creates legal uncertainty and has the potential to hamper the effectiveness of law enforcement. Therefore, a reformulation of criminal law policies is needed that is more responsive, integrative, and adaptive to developments in digital technology in order to create legal certainty and optimal protection for the community in the digital economy ecosystem.

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