cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Mochammad Tanzil Multazam
Contact Email
rechtsidee@umsida.ac.id
Phone
+6231-8945444
Journal Mail Official
rechtsidee@umsida.ac.id
Editorial Address
Universitas Muhammadiyah Sidoarjo Jl Majapahit 666 B Sidoarjo
Location
Kab. sidoarjo,
Jawa timur
INDONESIA
Rechtsidee
Published by Universitas Muhammadiyah Sidoarjo
ISSN : 23388595     EISSN : 24433497     DOI : https://doi.org/10.21070/jihr
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
RECHTSIDEE, provides a forum for publishing the original research articles, review articles and book review from academics, analysts, practitioners and those who interested to provide literature on Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Islamic Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philoshophy of Law, and Human Rights are particularly welcome.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 178 Documents
 14   15   16   17   18 
Optimizing the Enforcement of Asset Forfeiture as an Additional Penalty for Corruption Offenders to Recover State Losses: Optimalisasi Penerapan Pidana Tambahan Perampasan Aset terhadap Koruptor sebagai Upaya Pemulihan Kerugian Negara Salsabila, Syana Mifta; Waluyo, Bambang
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1084

Abstract

Corruption continues to generate substantial state losses in Indonesia, while enforcement strategies still prioritize imprisonment over effective asset recovery, leaving illicit proceeds beyond the reach of the state. This study aims to evaluate the legal framework and enforcement barriers of asset forfeiture as an additional penalty for corruption and to assess the reform potential of non-conviction based asset forfeiture for accelerating recovery of state losses. Using a normative juridical design, the research applies statutory and conceptual approaches through systematic analysis of the Indonesian Criminal Code, anti-corruption legislation, anti-money laundering provisions, and the Draft Law on Asset Forfeiture of Criminal Acts. The study finds that although asset forfeiture is legally recognized, implementation remains weak due to integrity deficits in law enforcement, fragmented legal instruments, and limited operational effectiveness in tracing and confiscating proceeds of corruption. As a result, asset recovery outcomes are frequently suboptimal and deterrence effects are diluted. The key novelty is the policy argument that a comprehensive non-conviction based asset forfeiture regime, as advanced in the draft legislation, can enable confiscation of illicit assets even when criminal conviction is unattainable, thereby closing enforcement gaps that conventional conviction-based forfeiture cannot address. The findings imply that legal reform should institutionalize non-conviction based asset forfeiture alongside stronger due process safeguards, interagency coordination, and anti-money laundering alignment to improve corruption deterrence and measurably increase recovery of state losses. Highlights: Current forfeiture enforcement gaps sharply limit corruption asset recovery and state loss restitution. Non-conviction based forfeiture enables confiscation when prosecution fails through death, flight, or absconding. Comprehensive forfeiture legislation strengthens due process, interagency coordination, and corruption deterrence outcomes Keywords: Non-Conviction Based Forfeiture, Asset Recovery, Corruption Deterrence, Financial Crime Governance, Anti-Money Laundering, Legal Reform
Substantive Justice in Law Enforcement against Nominee Account Crimes from the Perspective of Aristotle and H.L.A. Hart's Philosophy: Keadilan Substantif dalam Penegakan Hukum terhadap Kejahatan Akun Nominee dalam Perspektif Filsafat Aristoteles dan H.L.A. Hart Ginting, Beren Rukur; Wounde, Albert Huppy; Setyawan, Fendi; Amrullah, M. Arief
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1086

Abstract

General Background: The rapid development of financial systems and information technology has intensified complex economic crimes, including the misuse of nominee accounts to conceal beneficial ownership. Specific Background: In Indonesia, law enforcement often remains trapped in formalistic approaches that focus on nominal account holders, overlooking substantive perpetrators behind nominee structures. Knowledge Gap: This condition reveals a gap between formal legal responsibility and substantive justice, where moral culpability and true control over assets are insufficiently addressed in positive law enforcement practices. Aims: This study aims to analyze the application of substantive justice in handling crimes involving nominee accounts through the philosophical perspectives of Aristotle and H.L.A. Hart. Results: Using a normative-juridical and philosophical approach, the study finds that effective law enforcement should assess legal responsibility based on actual control, intent, and benefit, rather than mere formal ownership. Novelty: By integrating Aristotle’s concepts of distributive and corrective justice with Hart’s theory of legal rules and moral reasoning, this study offers a synthesized philosophical framework for penetrating legal formalism in nominee-related crimes. Implications: The findings imply the need for a paradigm shift in Indonesian law enforcement toward substantively just, morally grounded, and proportionate accountability to ensure that law functions as an instrument of genuine justice rather than procedural compliance alone. Highlights: Emphasizes the need to move beyond formal ownership toward identifying the true beneficial owner in nominee-based crimes. Integrates classical moral philosophy and modern legal theory to strengthen substantively just law enforcement. Highlights the urgency of reforming Indonesian legal practices to align legal certainty with moral accountability. Keywords: Substantive Justice, Nominee Accounts, Legal Formalism, Aristotle, H.L.A. Hart
Strengthening the Role of the Corruption Eradication Commission in Preventing Corruption through the Illicit Enrichment Approach in LHKPN Reporting: Penguatan Peran KPK dalam Pencegahan Tindak Pidana Korupsi melalui Pendekatan Illicit Enrichment pada Pelaporan LHKPN Winharli, Khurulaini Syahwa
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1087

Abstract

General Background: Corruption remains a persistent systemic problem in Indonesia, prompting preventive strategies centered on transparency and accountability of public officials. Specific Background: The Corruption Eradication Commission (KPK) administers the State Officials’ Wealth Report (LHKPN) as a preventive instrument; however, its implementation is weakened by low compliance, data inaccuracy, and the absence of stringent sanctions. Knowledge Gap: Although Indonesia has ratified the United Nations Convention against Corruption (UNCAC), the Illicit Enrichment mechanism mandated therein has not been substantively integrated into the national legal framework to reinforce LHKPN. Aims: This study examines the prospects of incorporating the Illicit Enrichment concept into Indonesian regulations to strengthen LHKPN as an effective tool for corruption prevention. Results: The findings indicate that adopting Illicit Enrichment could enhance substantive verification of LHKPN, ensure accountability of asset disclosures, and provide a legal basis for follow-up actions against unexplained wealth. Novelty: This study offers a focused legal analysis linking Illicit Enrichment directly to the strengthening of LHKPN as a preventive mechanism rather than solely as a punitive tool. Implications: Regulating Illicit Enrichment in Indonesia would bolster the preventive mandate of the KPK, improve asset transparency, and contribute to more effective corruption deterrence through enhanced legal certainty and enforcement. Highlights: Administrative-only LHKPN sanctions weaken deterrence and reduce asset declaration accountability. Illicit enrichment criminalization enables substantive verification of abnormal wealth growth in LHKPN. Strengthened enforcement supports investigation escalation and asset recovery for unexplained wealth. Keywords: Corruption Prevention, Illicit Enrichment, LHKPN, Asset Transparency, KPK
Criminal Liability for Child Grooming Operational Patterns in Mobile Legends Online Gaming Fachri, Amanda Maharani; Harefa, Beniharmoni
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1089

Abstract

General Background—The rapid expansion of digital interactive spaces has intensified risks of non-physical sexual violence against children, particularly through online gaming platforms; Specific Background—Mobile Legends, one of Indonesia’s most popular multiplayer games, offers communication features that have been exploited by perpetrators to conduct child grooming through gradual trust-building and manipulation; Knowledge Gap—Indonesian criminal law does not explicitly regulate child grooming as a standalone offense, creating uncertainty in attributing criminal liability at pre-physical stages; Aims—This study analyzes the criminal liability of child grooming perpetrators operating through Mobile Legends within the framework of Indonesian law; Results—Using a normative juridical method, the study finds that perpetrators’ actions satisfy the elements of actus reus and mens rea under existing statutes, including child protection, electronic information, and sexual violence laws, even without physical contact; Novelty—The research integrates criminal liability theory with empirically identified grooming patterns in online gaming environments, emphasizing accountability at the preparatory and psychological manipulation stages; Implications—The findings suggest that while current laws can substantively address digital child grooming through systematic interpretation, effective enforcement requires enhanced digital forensic capacity, child-centered reporting mechanisms, and stronger collaboration with game platform providers to ensure comprehensive child protection in the digital era. Highlights: Digital Modus Operandi — Child grooming in Mobile Legends occurs through staged psychological manipulation using in-game and external communication features. Legal Accountability — Even without physical contact, grooming actions fulfill actus reus and mens rea under Indonesian child protection, ITE, and TPKS laws. Regulatory Urgency — The absence of explicit grooming provisions highlights the need for clearer norms and stronger digital law enforcement mechanisms. Keywords: Child Grooming, Online Gaming, Criminal Liability, Digital Sexual Violence, Indonesian Law
About Sovereign Wealth Fund : Comparative Study Between Daya Anagata Nusantara and 1Malaysia Development Berhad Nalasatya, Putiara
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1092

Abstract

General Background: Sovereign Wealth Funds (SWFs) function as state-owned investment instruments designed to support macroeconomic stability and long-term development. Specific Background: Indonesia’s Danantara and Malaysia’s 1MDB represent two national models with shared objectives but divergent governance outcomes. Knowledge Gap: Despite Danantara’s strategic role in state-asset consolidation, limited research has compared its legal foundation and governance vulnerabilities with the failed 1MDB model. Aims: This study examines the governance structures, legal legitimacy, and oversight mechanisms of Danantara in comparison with 1MDB to identify potential risks. Results: Findings show that both institutions exhibit similarities in centralized executive control, ambiguous regulatory frameworks, and insufficiently independent auditing processes, creating vulnerabilities to conflicts of interest and weakened accountability. Novelty: This research provides an early, systematic legal-comparative assessment of Danantara, highlighting structural parallels with 1MDB before similar governance failures materialize. Implications: Strengthening Danantara’s sui generis legal basis, clarifying institutional status, and reinforcing checks-and-balances mechanisms are critical to preventing maladministration, ensuring transparency, and safeguarding national assets. Highlights: Danantara and 1MDB share governance risks rooted in concentrated executive authority. Weak legal frameworks and unclear institutional status heighten vulnerability to maladministration. Strengthening oversight, transparency, and checks-and-balances is crucial to prevent 1MDB-like failures. Keywords: Danantara, 1MDB, Sovereign Wealth Fund, Governance, Legal Accountability
Criminal Law Enforcement Corruption Against State-Owned Enterprises After The Enactment of The SOE Law In 2025 Loren, Medina; Prasetyo, Handoyo
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1101

Abstract

General Background: State-Owned Enterprises (SOEs) play a strategic role in Indonesia’s welfare-state framework but remain highly vulnerable to corruption, particularly due to long-standing ambiguities in the legal status of SOE assets. Specific Background: The enactment of Law No. 1 of 2025 and Law No. 16 of 2025 fundamentally redefines SOEs as pure corporate entities by separating SOE assets from state finances and adopting the Business Judgment Rule (BJR). Knowledge Gap: Despite these reforms, there is limited scholarly clarity on how corruption law enforcement should be applied to SOEs after 2025, especially in distinguishing business risk from criminal abuse of authority. Aims: This study analyzes the direction and implications of corruption law enforcement against SOEs following the 2025 SOE Law. Results: Using a normative legal method and case-based analysis of the LPEI, PT BRI, and PT Perindo cases, the study finds that SOE accountability may shift to the public domain when losses arise from conflicts of interest or abuse of authority, thereby nullifying BJR protection. Novelty: This research is among the first to systematically examine corruption enforcement under the post-2025 SOE legal regime using recent cases. Implications: The findings emphasize the need for clear enforcement guidelines to prevent the misuse of BJR while ensuring legal certainty and effective anti-corruption measures in SOEs. Highlights: Asset Separation: SOE assets are legally distinguished from state finances, altering the basis for determining public financial loss. BJR Limitation: The Business Judgment Rule protects good-faith decisions but does not apply where conflicts of interest or abuse of authority exist. Enforcement Direction: Corruption law remains applicable to SOEs when corporate governance failures shift accountability to the public domain. Keywords: State-Owned Enterprises, Corruption Law Enforcement, Business Judgment Rule, Corporate Accountability, Legal Reform
Post-Civil Code Contract Law Update: The Urgency of a New Codification in a Digital Society Rohana, Layli; Virdaus, Saivol; Pratama , Topan Yulia
Rechtsidee Vol. 14 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v14i1.1102

Abstract

General Background Contract law codified in the nineteenth century was constructed on analog assumptions that presupposed physical objects, direct party interaction, and manual execution of agreements. Specific Background In Indonesia, the Civil Code as a colonial legacy increasingly fails to accommodate electronic transactions, digital objects of obligations, smart contracts, digital evidence, and multiparty relationships mediated by online platforms within a rapidly expanding digital economy. Knowledge Gap Existing provisions of the Civil Code do not systematically recognize electronic consent, automated contractual mechanisms, platform-based legal relations, or the probative value of digital evidence, resulting in normative gaps and legal uncertainty. Aims This study aims to examine the structural and substantive limitations of the Civil Code in the digital era and to formulate the urgency and direction of a new codification of contract law that aligns with contemporary technological realities. Results The analysis demonstrates that the Civil Code remains analog-oriented, lacks recognition of smart contracts and digital legal objects, provides no integrated framework for electronic evidence, and is unable to explain multiparty contractual relations governed by digital platforms and algorithms. Novelty This study articulates a comprehensive post-Civil Code codification model that integrates structural reform, recognition of smart contracts, digital consumer protection, and Online Dispute Resolution within a single coherent framework. Implications The proposed codification offers a systematic legal foundation to support Indonesia’s digital transformation, harmonize national contract law with international standards, and strengthen legal certainty in digital transactions. Highlights: The existing Civil Code framework remains bound to analog legal assumptions incompatible with digital transactions. Smart contracts, digital evidence, and platform-based relations lack systematic legal recognition. A unified post-Civil Code codification is required to align national contract law with digital economic development. Keywords: Contract Law Reform, Digital Contracts, Smart Contracts, Legal Codification, Online Dispute Resolution
Political Party Criminal Liability Models in Corruption Cases: A Comparative Analysis between Indonesia and France Ali, Hilmy Faidulloh; Djatmika, Prija; Yuliati, Yuliati; Istiqomah , Milda
Rechtsidee Vol. 14 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v14i1.1103

Abstract

General Background Political parties occupy a central institutional position in democratic systems but are recurrently associated with corruption that benefits organisations collectively rather than solely individual actors. Specific Background Indonesia’s National Criminal Code recognises corporations as subjects of criminal liability, thereby opening doctrinal space for prosecuting political parties, while France has long applied legal person liability under Article 121-2 of the Code pénal, supported by strict political finance supervision. Knowledge Gap Despite normative recognition in Indonesia, political parties are rarely treated as corporate offenders in corruption cases, creating a gap between legal construction and enforcement practice. Aims This study analyses the construction of political party criminal liability under Indonesia’s National Criminal Code, examines the French model, and compares both systems to identify a more coherent liability framework. Results The findings show that Indonesia provides a broad normative basis for treating political parties as corporate criminal subjects but lacks clear implementing mechanisms, whereas France demonstrates a consolidated and operational model combining criminal liability with institutional financial oversight. Novelty This study offers a focused comparative analysis positioning political parties explicitly as corporate offenders within corruption law, highlighting structural rather than individual accountability. Implications The analysis underscores the need for clearer legislative articulation and strengthened institutional design in Indonesia to ensure that political parties benefiting from corruption can be held criminally accountable, drawing lessons from the French experience. Highlights: Indonesia’s criminal law framework recognises organisational responsibility but rarely extends prosecution beyond individual perpetrators. France applies legal person responsibility to political organisations through clear doctrine and dedicated financial supervision. Comparative analysis reveals institutional design as a decisive factor in enforcing accountability for corruption. Keywords: Corporate Criminal Liability, Political Parties, Corruption Offences, Indonesia, France

Page 18 of 18 | Total Record : 178

 14   15   16   17   18 

Filter by Year

2014 2026


Reset
Filter By Issues
All Issue Vol. 14 No. 1 (2026): June Vol. 13 No. 2 (2025): December Vol. 13 No. 1 (2025): June Vol. 12 No. 2 (2024): December Vol. 12 No. 1 (2024): June Vol. 11 No. 2 (2023): December Vol. 11 No. 1 (2023): June Vol. 10 No. 2 (2022): December Vol. 10 No. 1 (2022): June Vol 9 (2021): December Vol. 9 (2021): December Vol 8 (2021): June Vol. 6 No. 2 (2020): June Vol 6 No 2 (2020): June Vol 7 (2020): December Vol. 7 (2020): December Vol 6 No 1 (2019): December Vol 5 No 2 (2019): June Vol 5 No 1 (2018): December Vol 4 No 2 (2018): June Vol 4 No 1 (2017): December Vol 3 No 2 (2016): December Vol 3 No 1 (2016): June Vol 2 No 2 (2015): December Vol 2 No 1 (2015): June Vol 1 No 2 (2014): December Vol 1 No 1 (2014): June More Issue