Musamus Law Review

Economic Analysis of Law: The Optimization of Sanctions and Reformulation of Criminal Policy on Corruption Regarding State Financial Losses

2026-07-08T10:17:10+09:00

This study employs an Economic Analysis of Law (EAL) to evaluate Indonesia's criminal policy against corruption, particularly concerning state financial losses. It highlights that the current sanctioning system, as stipulated in Articles 2 and 3 of the Corruption Eradication Law, is sub-optimal due to its shift to a material delict, which increases enforcement costs and lowers the probability of punishment. This leads to a diminished deterrent effect as the expected cost of crime remains low for rational actors. The research uses normative legal methods, analyzing primary, secondary, and tertiary legal materials through statutory and conceptual approaches. Findings reveal inefficiencies in current provisions: Article 4 disincentivizes asset recovery, and Article 18's limited restitution fails to seize full illicit gains, contributing to an economically profitable perception of corruption. The paper proposes reforms, including reclassifying Articles 2 and 3 as formal delicts, treating state financial losses as civil debt, mandating full disgorgement of profits, and establishing optimal fines based on a multiplier effect. This reframes imprisonment as a secondary sanction, aiming to transform the law into an efficient tool for deterrence and asset recovery, thereby minimizing social costs and maximizing recovery of state assets.

Strategy for Establishing a Center for Handling Sexual Violence Against Women in Kabila District

2026-07-08T10:13:53+09:00

Women are the most victims of sexual violence, this phenomenon also occurs in Gorontalo Province, based on data from the Ministry of Tourism, there are 169 victims and the most recorded is sexual violence with 122 cases. The government has established Law No. 12/2022 concerning the Crime of Sexual Violence and established several task forces under the supervision of the Women's Empowerment Service, but in reality this has not had a significant impact on the handling and prevention of sexual violence against women, so another pattern is needed to maximize the protection of women from sexual violence. The aim of this research is to provide the main reasons and strategies for establishing a center for handling sexual violence against women, especially in Kabila sub-district with the specific target that village officials and village bhabinkabtibmas have basic knowledge regarding special assistance in cases of sexual violence against women. The method used is empirical juridical by conducting direct observations at the research location, namely in Kabila District, the data obtained will be processed qualitatively, which is descriptive narrative in nature. The pattern of handling and preventing sexual violence against women must have a forum consisting of a combination of several stakeholders who are professional and have a shared commitment. Village/district government elements and law enforcement and this forum can be easily accessed by the community at the sub-district level..

The Death of the First-Sale Doctrine in Digital Game Distribution: A Legal Analysis of Steam Account Ownership and Inheritance

2026-07-22T15:24:27+09:00

The shift from physical to digital game distribution on platforms like Steam creates an "illusion of ownership," systematically stripping consumers of traditional property rights. This paper aims to analyze the legal standing of digital game licenses under Indonesian Civil Law and the Electronic Information and Transactions Law (UU ITE), and to evaluate consumer protection against exoneration clauses within the Steam Subscriber Agreement. This study employs a normative legal research method, utilizing statutory and conceptual approaches. The findings reveal that while digital assets are recognized as economic entities under the UU ITE, Steam's adhesion contracts reduce them to revocable, non-transferable licenses. This construction circumvents Book II of the Civil Code and completely nullifies the First-Sale Doctrine. Furthermore, Steam's exoneration clauses explicitly violate Article 18 of the Consumer Protection Law, triggering a severe legal vacuum regarding unilateral asset confiscation and digital inheritance. The paper concludes that passive reliance on individual litigation is fundamentally inadequate. The Indonesian government must optimize the mandatory Private Electronic System Provider (PSE) registration to enforce compliance with national consumer protection laws and safeguard digital sovereignty.

Legal Protection for Nurses Experiencing Burnout in the Indonesian Health System

2026-07-25T17:01:37+09:00

Burnout among nurses is a mental health problem caused by chronic workplace stress that affects nurses' well-being, healthcare quality, and patient safety. Although Law Number 17 of 2023 on Health provides legal protection for healthcare professionals, it does not explicitly regulate burnout as a psychosocial occupational risk. This study aimed to analyze the legal framework for protecting nurses' mental health, examine burnout as a health law issue, and formulate strategies to strengthen legal protection for nurses experiencing burnout. This study employed normative legal research using statutory, conceptual, and comparative approaches. Data were collected through a literature review of legislation, official government documents, WHO and ILO guidelines, and relevant scientific publications. The data were analyzed qualitatively using content analysis. The findings indicate that legal protection for nurses' mental health in Indonesia remains general and does not specifically regulate burnout prevention or management. Burnout has significant legal implications because it may reduce healthcare quality, increase the risk of medical errors, and threaten patient safety. Strengthening regulations on psychosocial risk management, workload management, mental health services, and psychological screening is therefore necessary. Burnout is a health law issue that requires stronger legal regulations to protect nurses and improve the quality of healthcare services.

Criminal Law Policy on Child Perpetrators of Sexual Intercourse: A Child Protection Perspective

2026-07-27T15:14:24+09:00

The handling of children as perpetrators of sexual intercourse offenses triggers a normative antinomy between the specific minimum criminal penalty of 5 years under the Child Protection Law and the restriction on diversion eligibility to those under 7 years of age under the Juvenile Criminal Justice System Law (SPPA Law). This inconsistency automatically closes the door to diversion and forces child offenders to undergo a formal, retributive judicial process. This study aims to analyze this normative antinomy and formulate an ideal reconstruction of criminal law policy based on the principle of the best interests of the child and the paradigm of the New Criminal Code (Law No. 1 of 2023). This normative legal research employs a legislative, conceptual, and analytical approach using qualitative analysis techniques based on deductive reasoning. The results of the study indicate that the rigid approach of the Child Protection Law is oriented toward the act (daatstrafrecht), whereas the New Criminal Code advocates a shift toward the offender’s circumstances (daderstrafrecht) through sentencing guidelines, a double-track system, and rechterlijk pardon (judicial pardon). An ideal policy calls for reforming the criteria for diversion to a qualitative-casuistic approach, prioritizing rehabilitative sanctions over imprisonment, and implementing the Dual Protection Model. This model provides a balanced protection between the rights to recovery and restitution for child victims and the rights to rehabilitation, non-stigmatization, and continued education for child offenders.