Journal of Justice Dialectical

Reconstruction of Collusion and Nepotism in Corruption Policy

Ali Mukartono — 2025-08-18

The ineffectiveness of the criminal system in addressing collusion and nepotism in Indonesia stem form from normative inequality, multiple interpretations of the law, and a repressive approach that does not address the complexity of power crimes. This research aims to reconstruct the national legal system to combat the lack of norms and weak regulations related to collusion and nepotism as an operational criminal offense. It employs a normative approach with a statute analysis and a comparative study of the United States legal system to enhance normative recommendations. This research shows, first, that there are fundamental differences in legal policies regarding the criminalisation of collusion and nepotism. The United States addresses these issues implicitly through various criminal statutes, while Indonesia integrates them into its anti-corruption regime as a historical response to the abuse of power. Second, normative imbalances in Indonesia, such as the non-operational formulation of the crime of collusion and limited sanctions against nepotism, have led to weak enforcement and created loopholes for the abuse of authority. Therefore, third, it is imperative to reconstruct the law to encompass the aspects of substance, structure, and legal culture, thereby strengthening the effectiveness of criminalisation and addressing collusion and nepotism.

Reconstructing National Economic Loss in Corruption Crimes

Elisabeth Sundari — 2025-08-18

Although various law enforcement instruments have been implemented, the handling of losses due to corruption still tends to focus on state financial losses, without considering the broader state economic losses that have a far more systemic and long-term impact. This research aims to reconstruct the elements of state economic losses to make them more operational in judicial practice, serving as a basis for fair and comprehensive recovery. The method employed is a normative juridical approach, incorporating statutory, conceptual, and case-based elements. The results of the research indicate that first, the element of state economic losses in criminal acts of corruption has not been implemented effectively due to the lack of a clear normative definition, the absence of standard quantitative parameters, and low application in judicial practice due to legal doubts and weak technical capacity of law enforcement officials. This results in the handling of losses due to corruption continuing to focus on narrow state financial losses while ignoring broader and systemic economic impacts. Second, a legal reconstruction of the element of state economic losses is necessary by strengthening the definition in Article 1 of the Corruption Law, adding characteristics and scope to the article’s explanation, and expanding the concept of confiscation and compensation to include structural losses. In addition, the implementation of alternative recovery mechanisms, such as settlement fines from the investigation stage, is important as a restorative effort that objectively considers the value of economic losses.

Legal Reform in the Enforcement of Illegal Fishing Crimes

Abdul Kamil Razak — 2025-08-18

Illegal, unreported, and unregulated (IUU) fishing is a growing threat to sustainable fisheries in Indonesia. This practice requires effective law enforcement, which raises the question: are fisheries regulations in Indonesia effective in enforcing measures to combat IUU fishing? This research aims to analyse the effectiveness of law enforcement in combating illegal fishing, analyse the implications of illegal fishing on sustainable fisheries development efforts, and design an ideal policy model for law enforcement in combating illegal fishing. This research applies a normative legal research method, utilising secondary data as the primary source of analysis. The approaches used include a legislative approach and a conceptual approach. This approach also serves as the foundation for formulating an ideal policy model to combat illegal, unreported, and unregulated (IUU) fishing. This study shows that, first, the fisheries legal system in Indonesia remains ineffective due to persistent weaknesses in legal substance, legal structure, and legal culture. Second, this ineffectiveness results in economic losses to the state, damage to the marine ecosystem, and a decline in the welfare of the community, especially those engaged in fishing. Third, there is a pressing need to renew the legal framework through harmonisation with international agreements, revision of the Fisheries Law to close legal gaps, institutional capacity building, and enhanced international cooperation as important steps towards establishing an effective, fair, and sustainable law enforcement model to protect Indonesia's marine resources for current and future generations.

Judges’ Role in Suspect Determination and Evolving Legal Concepts

Pujiyono Suwadi — 2025-08-19

Corruption is classified as an extraordinary crime, necessitating the adoption of non-traditional law enforcement strategies. Recent developments allow judges to determine guilt or innocence based on evidence presented in court. This study examines the legal implications of judicial involvement in corruption investigations, with a particular emphasis on the evolving role of the dominus litis, traditionally reserved for public prosecutors. The research further explores reinterpretations of the negatief wettelijk principle and the concept of criminal awareness. Employing a normative juridical methodology, the study reviews relevant statutes, legal doctrines, and case law to inform its analysis. The findings suggest that judicial identification of suspects may undermine the principle of dominus litis and lead to institutional conflict between prosecutors and judges. This practice alters the application of the negatief wettelijk principle by enabling judges to form legal opinions before formal investigations are conducted. Additionally, the understanding of criminal awareness has shifted towards a more interpretive judicial approach. It is therefore essential to establish clear and equitable regulations governing judicial authority in corruption cases to ensure fair trials, prevent abuse of power, and maintain the balance and independence of law enforcement institutions.

Criminal Law Perspectives on Medical Legal Issues in Telemedicine

Paul Atagamen Aidonojie — 2025-08-19

Digital technology has transformed healthcare globally, with telemedicine playing a pivotal role in expanding access to medical services in remote and underserved areas. In Nigeria, however, the practice of telemedicine raises complex medico-legal issues that directly intersect with criminal law. This study examines criminal law perspectives on telemedicine in Nigeria, with particular emphasis on medical liability, patient confidentiality, data protection, and accountability for malpractice or negligence. The research employed a quantitative approach, administering 303 questionnaires to respondents across Nigeria and analyzing the data to assess perceptions of telemedicine and its legal implications. The findings indicate, first, that telemedicine holds significant potential to strengthen Nigeria’s healthcare system, but its effectiveness is constrained by serious challenges, including the absence of a comprehensive regulatory framework, inadequate protection of patient data, and uncertainty regarding criminal liability for medical errors and breaches of confidentiality. Second, the study underscores the urgent need for Nigeria to establish robust laws, ethical guidelines, and medical regulations that specifically address issues of criminal liability, professional responsibility, and patient protection in telemedicine. The adoption of such frameworks would provide legal certainty, enhance accountability, and foster greater public trust in digital healthcare delivery.