Abstract:Pasar modal merupakan industri berbasis kepercayaan (trust-based industry) yang idealnya mengedepankan prinsip transparansi dan keadilan publik. Namun, realitas di Bursa Efek Indonesia (BEI) di awal tahun 2026 diwarnai oleh…
leh sanksi berat Otoritas Jasa Keuangan (OJK) terhadap emiten PT Multi Makmur Lemindo Tbk (PIPA) dan PT Repower Asia Indonesia Tbk (REAL) akibat kesalahan material laporan keuangan dan transaksi abnormal. Berbeda dengan riset terdahulu yang mengkaji kecurangan pasar secara parsial, penelitian ini bertujuan untuk mengintegrasikan praktik manajemen laba (earnings management), transaksi orang dalam (insider trading), dan manipulasi pasar (saham gorengan) sebagai satu kesatuan mata rantai kejahatan kerah putih (white-collar crime), sekaligus membedahnya melalui tinjauan etika bisnis normatif. Dengan menggunakan pendekatan kualitatif deskriptif-analitis, penelitian ini menerapkan teknik analisis konten (content analysis) dan studi literatur komparatif terhadap data sekunder rilis resmi regulator serta laporan keuangan emiten. Pisau analisis yang digunakan mencakup Fraud Diamond Theory, Teori Keagenan (Agency Theory), Asimetri Informasi, serta Paradigma Integritas Manusia Utuh. Hasil penelitian menunjukkan adanya sinkronisasi kecurangan yang terstruktur dari hulu ke hilir. Tahap hulu (the setup) diawali dengan rekayasa akuntansi melalui penyalahgunaan kapabilitas manajemen. Ketimpangan informasi di hulu kemudian dimanfaatkan di tengah jalan (the leak) untuk membocorkan informasi material kepada jaringan afiliasi, yang bermuara pada transaksi semu di hilir (the execution) guna menjebak psikologi investor ritel demi keuntungan egoistik sepihak. Dari tinjauan etika utilitarianisme dan deontologi Immanuel Kant, mata rantai kejahatan finansial ini dinilai cacat moral secara mutlak karena mencederai kewajiban moral kejujuran (duty of honesty) dan mengeksploitasi investor publik semata-mata sebagai alat komersial (means to an end). Penelitian ini merekomendasikan perlunya penguatan sistem deteksi dini terintegrasi oleh regulator untuk memutus rantai kecurangan finansial di bursa nasional, Indonesia terutama ketika penerapannya masih bersifat formalitas dan belum didukung oleh budaya organisasi yang berintegritas. Perbedaan hasil juga dipengaruhi oleh sektor industri dan tingkat kematangan tata kelola masing-masing organisasi. Kebaruan penelitian ini terletak pada perbandingan lintas sektor dan metode yang memperlihatkan bahwa efektivitas GCG dan audit internal sangat bergantung pada komitmen nyata dari manajemen serta internalisasi nilai-nilai etis dalam organisasi. Untuk penelitian selanjutnya, disarankan agar mengkaji variabel moderasi seperti budaya organisasi dan komitmen manajemen, serta memperluas cakupan sektor penelitian agar hasilnya lebih representatif.
Abstract:This study aims to analyze and formulate a concept of Islamic legal protection for crypto investors in responding to the dynamics of digital crimes within virtual currency transactions. Departing from the rapid development…
nt of blockchain technology and the recognition of crypto assets as tradable commodities in Indonesia, this research identifies a normative ambiguity between positive law and religious fatwas, particularly concerning the permissibility and legal legitimacy of cryptocurrencies from a sharia perspective. The inherent characteristics of crypto assets-namely volatility, speculative tendencies, and vulnerability to digital crimes such as hacking, fraud, market manipulation, and money laundering-generate significant risks for Muslim investors. Within the framework of fiqh al-muʿāmalāt and maqāṣid al-sharīʿah, especially the principle of ḥifẓ al-māl (protection of wealth), this study asserts that investor protection constitutes not merely a regulatory necessity but an integral dimension of the higher objectives of Islamic law in safeguarding justice, transparency, and economic welfare. Methodologically, this research employs a normative-maqāṣidī approach through an interdisciplinary analysis integrating Islamic jurisprudence, national positive law, and the study of digital financial technology. The focus of the inquiry is directed toward identifying the typologies of digital crimes within the crypto ecosystem, evaluating the effectiveness of national regulations and religious fatwas, and formulating a model of Islamic legal protection that is preventive, corrective, and educational in nature. The expected outcome of this dissertation is the construction of a conceptual framework of ḥimāyah al-mustatsmir (investor protection) grounded in maqāṣid al-sharīʿah, adaptive to the digital era, and strengthened through synergy among the state, financial authorities, and fatwa institutions. Accordingly, this study contributes not only to the advancement of contemporary fiqh al-muʿāmalāt discourse but also offers an applicable normative framework for the development of a secure, equitable, and sustainable sharia-based digital economic system.
Abstract:This study examines the effectiveness of in absentia judgments in the recovery of assets from corruption crimes based on Article 38 of the Law on the Eradication of Corruption Crimes. The background of this study is based…
d on the phenomenon of many corruption defendants who are absent from trial, so that the judicial process continues through the in absentia mechanism. However, the effectiveness of such judgments in supporting the recovery of state financial losses remains a problem, especially in the aspects of execution and the return of assets resulting from corruption crimes. This study uses a normative legal method (normative juridical) with a statutory approach and a conceptual approach. The results of the study indicate that normatively, Article 38 of the Anti-Corruption Law provides a valid legal basis for courts to render judgments without the presence of the defendant. However, the effectiveness of such judgments in asset recovery is still not optimal because there are obstacles such as difficulties in tracing assets, transfer of asset ownership, limited coordination among law enforcement institutions, and weak asset tracing mechanisms. In addition, there are also juridical obstacles in the form of the lack of comprehensive technical regulations regarding the execution of assets in in absentia cases. Therefore, strengthening regulations and increasing synergy among law enforcement officers are required so that the objective of recovering state losses can be achieved effectively.
Abstract:The scientific background regarding the case of gratuity in Indonesia, in terms of juridical violations under Articles 12A, 12B, and 12C of Law Number 31 of 1999, in conjunction with Law Number 20 of 2001 concerning the…
Eradication of Corruption Crimes, has caused poverty across various aspects of people’s lives. In addition, efforts to eradicate the crime of gratuity need to be supported by professional human resources and the enforcement of legal sanctions to foster personal awareness of anti-corruption. Based on the description above, the problem formulation is focused on: 1) Why is the integrity of state officials needed in eradicating graft cases? 2) What is the relationship between the philosophical study of the integrity of state officials in the case of gratuities? 3) What is the legal purpose of the integrity of state officials in the case of gratuities? The purpose of this study is to analyze the integrity of state officials in eradicating cases of gratuity. The approach method in this study is a normative juridical approach. The types of legal materials used are primary, secondary, and tertiary. The analysis technique used is qualitative descriptive. The results of the study are the eradication of gratuities in Indonesia, namely unlawful acts (corruption) by state officials/employees, receiving bribes (gratuities) from corporations or related parties, abuse of authority, and the practice of collusion with fictitious projects offering a 50%:50% profit split with contractors. This research novelty concludes that gratuities are unlawful acts by state officials who must be audited their salary financial data and even their family’s financial data through the Annual Personal Tax Payment Letter in accordance with the Regulation in Lieu of Law Number 1 of 2017 and reported to the Financial Audit Agency and the Financial Transaction Analysis Reporting Center in accordance with the Law of the Republic of Indonesia Number 8 of 2010.
Abstract:The principle of legality is a fundamental concept in the Indonesian criminal justice system, ensuring legal certainty and the protection of human rights from arbitrary criminal punishment. However, the rapid development…
of modern crimes often leads to legal gaps or vague norms that require judges to conduct judicial law-finding (rechtsvinding) when resolving criminal cases. This research aims to analyze the position of the principle of legality as a legal limit to judicial authority and examine how far judicial law-finding can be carried out without violating the essential principles of criminal law. This study employs a normative legal research method with a statute approach, conceptual approach, case approach, and historical approach. The results demonstrate that the principle of legality plays a crucial role in restricting judicial interpretation to prevent the creation of new offenses that may harm defendants and to ensure punishment can only be imposed based on pre-existing laws. Nonetheless, judicial law-finding remains necessary to address contemporary crimes that are not yet regulated under statutory law. Therefore, a proportional balance between legal certainty and substantive justice is required so that the principle of legality and judicial law-finding can work synergistically within Indonesia’s criminal justice system.
Abstract:The development of artificial intelligence (AI) technology has serious implications for the criminal justice system in Indonesia. The emergence of new forms of crime such as cyber laundering, deepfakes, and digital data…
manipulation raises questions about who should be held accountable. This study aims to examine the main challenges in applying criminal law to AI-based entities and offer normative and practical solutions to ensure legal certainty. By using a normative juridical approach and a literature review of Indonesian positive legal regulations and doctrines, this study is expected to contribute to the formation of a ius constituendum that is adaptive to the digital era. The results of the study demonstrate the urgency of reforming national criminal law to accommodate the legal status and responsibilities of AI in the Indonesian justice system.
Abstract:Corruption, as an organized and transnational crime, demands a more effective asset recovery mechanism than the conventional criminal approach currently applied in Indonesia. The limitations of criminal law instruments in…
n tracing, confiscating, and repatriating assets that have been transferred, concealed, or placed outside national jurisdiction form the central background for the urgency of the Asset Forfeiture Bill. This study aims to analyze the concept of asset forfeiture for corruption cases through the non-conviction based forfeiture mechanism and assess the alignment of the Asset Forfeiture Bill with international standards, particularly the UNCAC. The research employs a normative legal method through an examination of legislation, academic literature, international documents, and comparative best practices. The findings indicate that the Bill introduces a new enforcement paradigm through in rem procedures, an integrated asset-tracing system, civil judicial control, and transparent asset management. The discussion reveals that although the Bill has significant potential to enhance state asset recovery, its implementation requires strengthened evidentiary standards, protection of property rights, and improved inter-agency coordination. The study concludes that the Asset Forfeiture Bill represents a strategic instrument for improving the effectiveness of anti-corruption efforts, yet its success depends on procedural safeguards, transparency in asset administration, and the institutional capacity of law enforcement bodies.
Abstract:The rapid growth of cryptocurrency transactions presents both opportunities for innovation and risks of cross-border financial crime, including tax evasion and money laundering, which challenge the effectiveness of traditional…
tional regulation. This study aims to analyze the effectiveness of platform-based law enforcement particularly the implementation of the Travel Rule, CARF, and KYC in the Indonesian context. The research employs a qualitative multi-site case study method with data triangulation from international literature (FATF, OECD, IMF, Chainalysis, Cambridge) and national regulations (OJK, PPATK, DJP). The findings indicate that cryptocurrency platforms serve as key actors in detection and enforcement; however, their effectiveness is constrained by the sunrise problem, the migration of illicit activities into DeFi and OTC ecosystems, and legal sovereignty tensions arising from the dominance of global platforms. This study introduces the concept of Platform-Embedded Enforcement as a novel theoretical framework, integrating monitoring and enforcement mechanisms directly into platform architectures, thereby enabling compliance to be enforced automatically, in real time, and across jurisdictions. These findings contribute to the development of more adaptive, holistic, and effective cryptocurrency regulation in emerging markets.
Abstract:The purpose of this article is to find out the Analysis of Strategic Communication Discourse for the Eradication of the Free Papua Organization (OPM) by TNI-POLRI Officials in Online Media News Framing. The theory used is…
s Social Construction with a constructivist approach. Descriptive qualitative research method with analytical analysis referring to online media news texts. The research results show that strategic communication, TNI-POLRI received support from the Chairman of the MPR to carry out operations to eradicate OPM. Murder data in ( CNN Indonesia : 27: 12: 2023) states that the National Police recorded a total of 199 KKB attacks and 146 victims during 2023, while Jonh Roy Purba in detiknews (28/12/ 2022) stated that the Papua Regional Police recorded 90 cases of group crimes Armed criminals (KKB) will be handled throughout 2022. According to Johnson and Scholes (2005), strategy determines the direction and scope of an organization in the long term, and they say that it should determine how resources should be used and configured to meet market and stakeholder needs. Michael Porter, emphasizes the need for strategy to define and communicate an organization's unique position, and says that it must determine the organizational resources, skills, and competencies must be combined to create competitive advantage. Recommendations, further research Security Communication Discourse Analysis of the attitudes of Human Rights Organizations in Indonesia on OPM issues.
Abstract:Cyber risk management has become a critical issue as the number of cybersecurity incidents continues to rise each year. This study aims to analyze the trends in cyber incidents, the most prevalent types of cybercrimes, and…
nd the efforts in mitigation and cyber risk management in Indonesia. According to data from the National Cyber and Crypto Agency (BSSN) for the period 2019 to 2023, the number of incidents increased significantly from 290,000 cases in 2019 to 1,031,389 cases in 2023. The dominant types of cybercrime shifted each year, starting with phishing in 2019, malware in 2020, ransomware in 2021, DDoS attacks in 2022, and data breaches in 2023. This surge in incidents reflects the growing complexity of cyber threats faced by various sectors in Indonesia. In response, the government and private sector have strengthened regulations through the enactment of the Personal Data Protection Law and have adopted technologies such as artificial intelligence (AI) and blockchain to enhance detection and prevention of cyberattacks. Effective cyber risk management requires integrated preventive, detective, and corrective measures to safeguard information systems and sensitive data from increasingly sophisticated attacks. Through collaboration among the government, private sector, and the public, Indonesia’s digital ecosystem is expected to become more secure and resilient in the face of cybercrime threats..