Judges’ Role in Suspect Determination and Evolving Legal Concepts

The revision of the KPK Law caused another polemic, where Constitutional Court Decision Number 36/PUU-XV/2017 interpreted in essence that the independence and freedom of the KPK from the influence of any power is in carrying out its duties and authorities, which may not be based on the influence or pressure of any party. But the lawmakers instead narrowed the scope of KPK employees by changing the status of KPK employees to Civil Servants (ASN). This is because as ASN employees, KPK employees must also comply with Law Number 5 of 2014 concerning Civil Servants, where the President as the holder of government power is the highest authority in the policy, professional development, and management of ASN. The problem formulation in this thesis is: What is the form of the authority of KPK investigators after the enactment of Law Number 19 of 2019? What is the legal certainty regarding the independence of the authority of KPK investigators after the enactment of Law Number 19 of 2019?. The research method in this thesis consists of: This type of research is normative legal research, which is a legal research approach that focuses on the study of applicable positive legal norms. This method is carried out by examining various relevant laws and regulations, legal doctrines, legal principles, and court decisions, in order to understand how the law should be applied in resolving a problem. The results of this thesis research are: 1) That the authority of KPK investigators as well as the legal certainty and independence of the KPK after the Amendments to Law Number 19 of 2019 have fundamentally shifted the paradigm of legal certainty and the independence of the authority of KPK investigators. If previously legal certainty was based on the principle of lex specialis which gave extraordinary authority and full autonomy, then after the 2019 Law, that legal certainty is no longer absolute, but is bound by a more complex bureaucratic and supervisory framework. The change in the status of investigators to Civil Servants (ASN) theoretically places the KPK in the executive power hierarchy system, which has the potential to harm the principles of institutional and functional independence. Authority that was once guaranteed by internal autonomy is now faced with the potential for intervention and conflicts of interest inherent in the state civil servant structure. Meanwhile, the licensing mechanism by the Supervisory Board (Dewas) reduces procedural legal certainty in terms of the speed and secrecy of the investigation. This is contrary to the essence of law enforcement against extraordinary crimes such as corruption, which demands swift action without bureaucratic obstacles. That the legal certainty regarding the independence of the authority of KPK investigators after the enactment of Law Number 19 of 2019, if previously the KPK functioned as an independent institution with extraordinary authority that could not be intervened, now its legal certainty is no longer absolute. This change creates legal uncertainty and the potential for weakening through the granting of authority to issue SP3 (Warrant for Termination of Investigation) which has the potential to erode the principle of "zero tolerance" against corruption and open up opportunities for intervention in major cases. The formation of the Supervisory Board creates ambiguity of roles and overlapping authority, which has the potential to hinder the investigation process and institutional effectiveness. And the change in the status of KPK employees to Civil Servants (ASN) directly threatens personal independence and creates dependence on the government's bureaucratic structure. Even though the change in the law may aim for synergy and accountability, in practice it has theoretically weakened the KPK's independence and created legal uncertainty that could threaten the effectiveness of corruption eradication

The quality of the environment is the most important part of human life in dignity and humility. In practice, ecocide are mostly committed by corporations, both national and transnational. Environmental crimes that are structured and systematic or often called ecocide do not concern as an extraordinary crimes. The International Criminal Court (ICC) has proposed to several countries such as Fiji, Vanuatu, and the Maldives that the need to add elements as international criminal crimes categorized as extra ordinary crimes in the Rome Statute and recognized as the fifth type of crime that becomes the jurisdiction of the International Criminal Court for trial. The purpose of this research is as a contribution to answer question. First, to analyze and to understand in developing extraordinary law enforcement against the crime of ecocide as extraordinary crime. Second, law enforcement review against ecocides in various regulations and various court decisions in Indonesia Third, to analyze the concept of international environmental law in the extraordinary enforcement law against ecocide crimes (Extra ordinary Crime) The research method used by researchers is normative juridical approach. This means that the legal material used as a study is secondary data. In this normative legal research it is not closed the possibility that empirical data (field) is also presented as an option to support and sharpen the study

Trafficking crime is extraordinary crime (extra-ordinary crime) derived from a compilation of socio-economic problems that developed in the community. Trafficking in law enforcement approach should be re improvement of the legal culture law enforcement officers of character positivism towards developing a mindset renewal based on the desire to find justice substantive crime prevention and enforcement trafficking. This study aimed to the general objective of this research is to find and evaluate the problems of law enforcement in dealing with human trafficking crime that has been done so far tend not optimal to find the factors that inhibit the ideal pattern of development and seek legal culture of law enforcement officers. The results of this study indicate that the handling offense by law enforcement officers is not optimal and need renewal paradigm of law enforcement officers when dealing with trafficking cases.

This study aims to analyze the main changes introduced by Constitutional Amendment No. 132/2023 to the Inheritance and Donation Tax (ITCMD), comparing the current framework with the new provisions. The research is of a qualitative nature, developed through bibliographic and documentary analysis, based on legal doctrine, legislation, and relevant case law. It seeks to understand how the changes affect the Brazilian tax system from the perspective of the constitutional principles of contributive capacity, equality, and tax justice. The study also examines estate planning as a legitimate instrument of patrimonial organization, considering its legal limits in light of the social function of taxation and the prohibition of tax evasion. The importance of considering judicial precedents is emphasized, since court decisions directly influence the interpretation and application of the rules governing the ITCMD. The research concludes that the reform represents progress toward greater equity and progressivity in the taxation of inheritances and donations. However, it emphasizes that estate planning, when conducted within legal parameters, should be understood as a mechanism of legal certainty and rationality in wealth transfer, rather than merely as a means of tax reduction.

Money laundering is an extraordinary crime that has a wide impact, not only threatening the stability of the economy and the integrity of the financial system, but also endangers the joints of community and state life. Money laundering can be committed by an entity called a corporation, this is evidenced by the recognition of the corporation in Act Number 8 of 2010. In law enforcement against corporations that commit money laundering, the corporation may be sentenced to an additional crime of dissolution of the corporation,but the criminal dissolution of the corporation has an impact on an innocent person such as workers or laborers who depend on their lives to the corporation, so it is disoriented between enforcing the law or not that commit money laundering. The purpose of this study is determine the law enforcement against corporations that commit laundering acts that are substantive justice, so that appropriate punishment can be known in law enforcement. This research is legal research, that is research that seeks the truth of coherence, using statute approach and conceptual approach. The results of this study concluded, in law enforcement against corporations that commit money laundering can be done 3 (three) approaches, first non-punitive punishment, second vicarious liability and identification theory approach and third restorative justice approach with due regard to the principle of efficiency and justice that reflects the values of objectivity, honesty, impartiality, and rationality.

Corruption is an extraordinary crime because of its broad impact on the social, political, and economic life of a country. In the context of a state of law, the enforcement of criminal sanctions against perpetrators of corruption must be based on the principles of legal certainty and justice. However, in practice, various problems are still found, such as disparity in sentencing, inconsistent sentencing, and weak deterrent effects. This study aims to examine how the implementation of criminal sanctions enforcement against corruptors can reflect legal certainty and justice in Indonesia. The method used is a normative legal approach with an analysis of laws and regulations, court decisions, and relevant case studies. The results of the study show that even though an adequate legal framework is available, the enforcement of criminal sanctions still faces obstacles in terms of the independence of law enforcement agencies, varying interpretations of the law, and the influence of certain interests in the judicial process. Therefore, a more consistent and transparent reform of the criminal justice system is needed, as well as strengthening coordination between law enforcement officers in order to realize law enforcement that is not only certain, but also fair for all parties. Keywords: Corruption, Criminal Sanctions, Legal Certainty, Legal Justice, Law Enforcement.

This research is motivated by the limited application of corporate criminal liability in tax crimes in Indonesia, despite the clear existence of legal provisions governing such liability. This condition reveals a significant gap between legal norms and enforcement practices, where criminal sanctions are more frequently imposed on individual executives rather than on corporations as legal entities. The purpose of this study is to analyze the factors that hinder the implementation of corporate criminal prosecution in tax crimes and to examine the role of the new Indonesian Criminal Code as a momentum for criminal law reform. The research employs a normative juridical method by reviewing relevant legislation, legal doctrines, academic literature, and judicial decisions. The findings indicate that the main obstacles to imposing criminal liability on corporations do not stem from the absence of legal basis but from the dominance of administrative approaches in the General Taxation Provisions and Procedures Law, doctrinal barriers arising from classical criminal law principles such as nulla poena sine culpa, and the reluctance of law enforcement officials to treat corporations as the principal perpetrators of tax crimes. The study concludes that the effectiveness of corporate criminal prosecution depends largely on political will, paradigm shifts among law enforcement institutions, and judicial consistency in applying substantive justice. Furthermore, the research emphasizes the need for clear technical guidelines and strong institutional coordination, with the new Criminal Code serving as a strategic opportunity to strengthen deterrence, ensure fiscal justice, and enhance the integrity of Indonesia’s tax law enforcement system.

The crime of narcotics abuse is an extraordinary crime, because the impact is very detrimental not only to the user but also the community, so that every crime must be punished, and the law in this case Act No. 35 of 2009 must be upheld. This study aims to identify and describe law enforcement in the judge's decision on the crime of narcotics abusers for oneself from a justice perspective. This study uses a normative juridical approach to analysis descriptive. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this study are that law enforcement in the judge's decision on the crime of narcotics abusers for themselves in the perspective of justice is based on the judge's consideration in determining the severity or lightness of the punishment imposed on the defendant according to the principle of balance between guilt and illegal acts. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not.

Corruption is an extra ordinary crime that harms the state, damages the nation's economy and hinders national development. Therefore, it is necessary to take extraordinary action in its eradication without having to consider human rights and customs that exist in society. One of the most important elements in eradicating corruption lies in the system of laws and regulations of a country, because in our country it is known that no act can be punished unless the law regulates it, so the urgency of issuing a Goverment Regulation il lieu of Law is very necessary to perfect the law. - the invitations that have been there. This research tries to analyze the substance in law Number 31 of 199 concerning the Eradication of Corruption Crime, in conjunction with Law 20 of 2001, Law Number 30 of 2002 in conjunction with law Number 19 of 2019 concerning the Corruption Eradication Commission by analyzing The phenomenon of corruption is increasing day by day, especially in terms of the mode and method of the perpetrators of hiding the results of the corruption. This study uses qualitative normative research with a statutory approach. The results of this study raise the substance that exists in Law Number 30 of 2002 in conjunction with Law Number 19 of 2019 concerning the Corruption Eradication Commission which needs to be refined or revised by issuing a new law that does not only rely on the actions that have been carried out by law enforcement but also preventive measures in a systematic way.

Justice Collaborators are suspects, defendants, convicts who cooperate with law enforcement to reveal a certain criminal offense. In narcotics crime Justice Collaborators are used as a tool in uncovering, fighting, organized cases. Justice Collaborator is an extraordinary crime (Extra Ordinary Crime), where the perpetrator needs protection. The formulation of the problem in this study is how the protection, rights and obligations of Justice Collaborators and the analysis of the application of Justice Collaborators in Case Study of Criminal Case Decision Number: 1273/PID.SUS/2019/PN.Plg. This research uses a study with qualitative normative juridical methods, which is research obtained from secondary sources. This research is an analysis that analyzes the protection system, rights, and obligations as a Justice Collaborator by using secondary data, namely Supreme Court Circular Letter No. 04 of 2011 concerning Treatment of Criminal Reporters and Cooperating Perpetrators, and also using other secondary legal materials such as books, journals, and the internet. From the results of this study, it can be concluded that Justice Collaborators are defendants whose interests and protection rights must be applied as perpetrators who reveal an organized crime

Narcotics crime is an extraordinary crime (extra ordinary crime) modus operandi is quite sophisticated and continues to experience changes to avoid tracking by law enforcement officials. This is the adult mode The latest thing to do is involve minors as couriers or delivery of drugs into the hands of users. The problem is the point attention is that when children are caught by officers they are immediately arrested became a suspect and was taken into custody. Even though children should be placed as a victim of the development of the big bookie mode in distributing drugs. The fact is that children are the perpetrators of the crime Drug criminals have not received maximum rights in the system juvenile criminal justice.

Software and eCommerce are inseparable part of each other. The main thrust of the thesis is to discover a suitable legal and technological measures for curbing software in eCommerce and find out compatibility of the existing curbing measures with human rights. The WIPO Copyright treaty, the Berne Convention, the TRIPS Agreement and other international laws on copyright, patent and software have been discussed in relevant places. Information and statements from the papers prepared by WIPO on digital right management, eCommerce, and copyright have been frequently used in the thesis with proper citation. Since the U.S.A is the pioneer in the software industry and eCommerce therefore particular attention has been given on the U.S. legal system. A considerable number of relevant cases from the U.S. jurisdiction have been discussed in relevant chapters of the thesis. The European law and British law also have been discussed with limited number of case references. Since Bangladesh is a developing country&semic the relevant copyright law of Bangladesh and its prospect in software industry also has been discussed briefly. The thesis is divided in 7 chapters. A summary of each chapter has been given below. Chapter 1: Introduction: It contains a brief introduction of the issues discussed in the thesis and explanations regarding software, eCommerce, kinds of software infringements, gravity and consequence of software piracy in eCommerce, permitted actions in respect of software, jurisdiction, choice of law and enforcement issues etc. Chapter 2: Internet Piracy a Grave Challenge: In this chapter how Internet piracy of software takes place is explained with example and case reference from the U.S. jurisdiction. Chapter 3: Software Patenting vis-a-vis Copyright: A comparative discussion between software patenting and copyright protection for software takes place in this chapter. The relevant laws of the U.S. jurisdiction and European jurisdiction have been discussed with important case references of the respective jurisdiction. It is also discussed whether these two types of protection for software are conflicting or complementary. Chapter 4: Regulatory Framework for Curbing Piracy: In this chapter basically copyright law relating to software has been discussed. Relevant provisions regarding software from international copyright Law like the Berne Convention, WIPO Copyright Treaty, and TRIPS Agreement have been cited. EC Software Directive, Copyright Directive and eCommerce Directive, Statutory law and case law of the U.S. jurisdiction, the UK jurisdiction have been discussed here. Chapter 5: Technological Protection Measures: Technological protection measure in Australia, anti circumvention provision in WIPO Copyright Treaty, Digital Millennium Copyright Act (DMCA) of the U.S.A., Limitations and exceptions of DMCA, EC Copyright Directive and limitations and exceptions of the Copyright Directive, Rights management information etc. have been discussed. Chapter 6: Compatible Human Rights: What are the bases of the relationship between IPR and human rights, which provisions of the relevant international IP law and different national jurisdictions are upholding human rights have been discussed here. Relevant case law has been cited from the U.S. jurisdiction to show that the court did not find the anti circumvention provisions of the DMCA unconstitutional and opposed to the right to freedom of expression. It has been shown in this chapter that there is no real conflict between human rights like freedom of expression and curbing measures of software piracy in eCommerce. Chapter 7: Conclusion and Recommendations: Concluding comments and Specific recommendations have been given to curb software piracy in eCommerce and develop human rights values in IPR protection.

The reverse proof is the burden of proof to the suspect of a crime. In principle, the application of the reversed burden of proof is against the universal law of proof and is not following the presumption of innocence. However, the reverse burden of proof contained in the Law on the Eradication of Criminal Acts of Corruption, and the Law on the Prevention and Eradication of the Crime of Money Laundering, with a Legis Ratio of the two types of crimes classified as white color crimes, and extraordinary crimes, is right. Because it can be ascertained that, when the verification process takes place, law enforcement will have difficulty in proving the guilt of the perpetrators of the crime. In Indonesia, the application of the reverse burden of proof is applied to corruption and money laundering crimes which are limited to the Eradication of Corruption Crimes and Money Laundering Crimes. In Islamic law, the application of the reverse burden of the proof system is included in the ta'zir category which is based on government policy (ulul amri). The inverse burden of proof system is implied in the Qur'an, Surah Yusuf, Verses 26-29. However, in applying the reverse proof system, the jurists use istihsan in making ijtihad on contemporary social problems. Thus, both in the perspective of general law and Islamic law, the reverse proof is something that is specifically allowed, for criminal cases where it is estimated that there will be difficulties in proving it. Keywords: Ratio Legis Reverse Proof System, Indonesia, Comparative Legal Study

Terrorism is an extraordinary crime that poses a serious threat to both national and international security. Law enforcement efforts against such crimes face complex challenges, particularly in the evidentiary process. The process of proving terrorism-related offenses involves not only formal legal procedures but also substantive aspects, including the role of intelligence, the use of information technology, and the protection of human rights. This study aims to comprehensively examine the obstacles encountered by law enforcement authorities in proving acts of terrorism and to propose normative and practical solutions based on the development of national criminal law. The research employs a normative juridical approach, utilizing secondary data sourced from legislation, legal literature, and scholarly journals. The findings highlight the need for a reformulation of evidentiary approaches that are more adaptive to modern terrorism modus operandi, as well as the importance of enhancing cross-sectoral and international cooperation in the enforcement of anti-terrorism laws in Indonesia.

This study discusses the dynamics of the application of the principle of ultimum remedium in the eradication of corruption in Indonesia and its relevance to the principle of restorative justice. Corruption is seen as an extraordinary crime that requires a repressive approach and severe criminal sanctions, but on the other hand there is a discourse on the application of the principle of ultimum remedium which places criminal sanctions as the last step after other legal remedies are considered ineffective. This problem poses a dilemma in law enforcement, because it is faced with harsh demands for corruption eradication as well as efforts to realize more proportionate justice. This study uses normative juridical methods with legislative, conceptual, and case approaches, so that the analysis is focused on the applicable legal framework, criminal law theory, and application practices in the field. The results of the discussion show that the application of the principle of ultimum remedium in corruption crimes in Indonesia still raises debate, considering the characteristics of corruption that harm state finances and hinder development. On the one hand, this principle can be applied in a limited way to provide an alternative settlement space that places more emphasis on the recovery of state losses. On the other hand, its implementation is feared to weaken the deterrent effect and reduce public trust in the state's commitment to eradicating corruption. The relevance to the principle of restorative justice lies in the orientation of recovering state losses and fulfilling the sense of justice of the community, not solely the punishment of the perpetrator. Thus, this study emphasizes the importance of formulating policies that are balanced between repressive and restorative interests.