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

Maleakhi Samuel Pasalli — Wed, 29 Apr 2026 00:00:00 +0900

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

Arhjayati Rahim, Noor Asma, Regina Hulalata — Thu, 30 Apr 2026 00:00:00 +0900

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..

Musamus Law Review

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

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