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Lintang Sayyidina; Anza Ronaza Bangun

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Oil and natural gas are vital resources for the state, and their management must be carried out carefully and transparently. However, the complexity of existing management is often exploited by irresponsible parties to commit corruption that harms state finances. This study aims to analyze how criminal law regulates the accountability of perpetrators in the oil management corruption case at Pertamina in 2025. The method used is normative juridical, by reviewing laws and regulations regarding corruption, state-owned enterprises (BUMN), and related legal literature. The results of the study indicate that criminal liability in this case is not only directed at individual officials, but also corporations or companies. This is because the element of mens rea (malicious intent) was found in the act. Therefore, law enforcement must focus more on recovering state losses and improving Pertamina's internal oversight system, rather than simply imprisoning the perpetrators.

I Kadek Agus Yudi Luliana

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the issue of online gambling in Indonesia and examine the urgency of extradition agreements as a legal instrument to prosecute online gambling operators who conduct their activities from abroad. Although gambling has been declared a criminal act under the Indonesian Criminal Code (KUHP) and the Electronic Information and Transactions Law (ITE Law), its enforcement has not been effective due to the transnational nature of this crime, in which gambling operators run their platforms from other countries, placing them beyond the direct reach of Indonesian jurisdiction. The research employs a normative legal methodology, examining statutory regulations, principles of criminal law, and relevant legal literature. The objects of study include the 1945 Constitution, the Criminal Code, and the ITE Law as the legal foundations for combating online gambling, as well as provisions concerning extradition within the framework of international cooperation. The findings indicate that although Indonesia normatively possesses legal grounds to prosecute perpetrators abroad through the principles of personality and protection, implementation remains hindered by state sovereignty and jurisdictional limits. Government efforts to block gambling websites have proven ineffective, as new sites continually emerge. Therefore, extradition agreements are essential and urgent as a solution to overcome jurisdictional barriers, enabling the transfer of offenders to Indonesia for prosecution and ensuring state protection for citizens from the harmful impacts of online gambling.

Femi Zulfa Nurkheliza; Heni Siswanto; Dona Raisa Monica

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Attorney General's Office plays a strategic role as a neutral facilitator that initiates, leads, and oversees the peace process, from peace offers and mediation to the issuance of a suspension of prosecution based on Attorney General Regulation No. 15 of 2020, while still considering the best interests of children, the restoration of social relations, and the legal benefits for all parties. This approach is considered effective in minimizing the traumatic impact of formal judicial proceedings on children while encouraging the social reintegration of perpetrators. However, the implementation of restorative justice still faces internal obstacles, such as limited operational regulations, the understanding and capacity of law enforcement officials, and suboptimal infrastructure. On the other hand, external obstacles arise from low public awareness of the law, a tendency to demand severe punishment, and a culture that emphasizes pride, which hinders the acceptance of peaceful resolutions. This study emphasizes the importance of strengthening regulations, improving the competence of officials, optimizing the function of Restorative Justice Houses, and intensifying public awareness so that the application of restorative justice in cases of child abuse is not only a procedural alternative but truly functions as a fair and sustainable recovery mechanism.

Putri Kholina Aprilia Sari; Sigit Irianto

Jurnal Akta Notaris 2025 Program Studi Kenotariatan Program Magister

Notaris merupakan pejabat umum yang memiliki kewenangan untuk membuat akta autentik sebagai alat bukti dengan kekuatan hukum sempurna. Namun dalam praktik, notaris tidak jarang terseret perkara pidana ketika akta yang dibuatnya digunakan sebagai sarana tindak pidana. Fenomena tersebut tampak dalam Putusan Mahkamah Agung Nomor 379 K/Pid/2021.Rumusan masalah dalam penelitian ini meliputi: 1.Apa saja faktor-faktor yang menjadi sebab adanya tindak pidana penipuan dalam pembuatan akta perjanjian pengikatan jual beli?2.Apa dasar pertimbangan hakim dalam memutuskan perkara Nomor 379 K/PID/2021?3.Bagaimana akibat hukum pertanggjungjawaban pidana dalam tindak pidana penipuan pembuatan akta perjanjian pengikatan jual beli dari putusan Nomor 379 K/PID/2021?Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan kasus dan perundang-undangan. Spesifikasi penelitian bersifat deskriptif analitis, dengan sumber data berupa bahan hukum primer (putusan pengadilan, peraturan perundang-undangan), bahan hukum sekunder (literatur, doktrin), serta bahan hukum tersier sebagai penunjang. Analisis dilakukan secara kualitatif dengan menguraikan norma hukum yang relevan serta penerapannya.

Putri Dewi Wiji Lestari; Zaenudin Zaenudin; Arman Sanun

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

International criminal law is a crucial instrument within the international legal system designed to address serious crimes that transcend national jurisdiction, such as genocide, war crimes, and crimes against humanity. International criminal law serves as a means to uphold justice, maintain international order, and prevent impunity for perpetrators of serious crimes that have a broad impact on the global community. This study aims to examine the enforcement of international criminal law in the modern era, emphasizing law enforcement mechanisms and the role of cooperation between states and international institutions. The research method used is normative juridical research, with an approach to relevant laws and regulations, legal doctrine, and court decisions. The results indicate that the effectiveness of international criminal law enforcement still faces various obstacles, primarily stemming from state political interests, weak commitment to international cooperation, and inconsistencies between legal norms and their implementation. The principle of complementarity is a fundamental element of this system, as it positions states as the primary actors in the prosecution process, while international judicial institutions play a complementary role if national mechanisms are ineffective. Furthermore, harmonization of national laws with international criminal law provisions and strengthening cross-border cooperation are determining factors in the success of law enforcement. This study concludes that synergy between states and international institutions, accompanied by strong political commitment, is a key prerequisite for the realization of a just and sustainable international criminal law enforcement system.

Yolanda Fitria Salma; Ahmad Irzal Fardiansyah; Dona Raisa Monica; Tri Andrisman; Nikmah Rosidah

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP Nasional 2023) has brought significant changes to the national penal system, particularly in the regulation of sanctions imposed on children who commit criminal offenses. Children as offenders constitute a special legal subject who require a sentencing approach oriented toward protection, guidance, and rehabilitation. This study aims to analyze the regulation and concept of sentencing for children under the perspective of the KUHP Nasional 2023 and to assess its conformity with the principles of child protection and the objectives of the juvenile justice system in Indonesia. This research employs a juridical descriptive method using statutory and conceptual approaches through a literature review of primary, secondary, and tertiary legal materials. The findings indicate that the KUHP Nasional 2023 normatively accommodates a more humane sentencing approach by emphasizing the objectives of punishment and providing non-custodial sanctions and rehabilitative measures. However, these provisions remain general and have not been explicitly integrated with restorative justice principles as stipulated in the Juvenile Criminal Justice System Act. Therefore, regulatory harmonization and consistent implementation are necessary to ensure that sentencing for children truly reflects the best interests of the child and the rehabilitative goals of the juvenile justice system.

Muhammad Norhadi; Desty Novita Sari

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The homicide arising from the victim’s refusal to terminate her pregnancy presents a crucial issue regarding how the element of intent is constructed within Indonesian criminal law. This study originates from the need to examine the extent to which the offender’s motive triggered by anger after the victim declined his request for an abortion may influence the classification of dolus in the act of killing. The objective of this research is to describe the characteristics of intent in the perpetrator’s actions, determine whether the incident meets the criteria of dolus directus, dolus indirectus, or dolus eventualis, and assess the role of motive in shaping criminal liability. The method employed is normative legal research using a case approach and a statute approach, supported by the analysis of comparable court decisions and criminal law doctrines concerning the element of intent. The research findings indicate that the perpetrator’s deliberate assault on the victim after she rejected the request to terminate the pregnancy can be categorized as dolus directus, as he both realized and desired the lethal outcome of his conduct as an expression of anger. The motive related to the refusal of pregnancy responsibility does not negate intent; rather, it merely serves as a trigger for the criminal act. Thus, the element of intent in this case can be firmly constructed through an assessment of the perpetrator’s will, awareness, and conduct, thereby ensuring the accurate application of homicide provisions and providing legal certainty regarding the limits of criminal liability in pregnancy-related conflicts.

Nugraha, Dwi Putra; Kiki Amaliah

Notary Law Research 2025 Program Studi Kenotariatan Program Magister Fakultas Hukum UNTAG Semarang

Penelitian ini menganalisis dasar hukum dan tanggung jawab notaris dalam tindak pidana pemalsuan akta otentik berdasarkan Kitab Undang-Undang Hukum Pidana (KUHP) dan Undang-Undang Jabatan Notaris (UUJN). Notaris memiliki kewenangan membuat akta otentik yang berkekuatan hukum sempurna, namun hal ini juga menciptakan celah bagi pemalsuan yang merugikan. Pemalsuan akta termasuk tindak pidana pemalsuan surat, menimbulkan kompleksitas dalam menentukan batas tanggung jawab notaris karena kewajiban verifikasi notaris yang terbatas dalam investigasi materiil, serta adanya perbedaan pendekatan antara KUHP dan UUJN. Penelitian ini menggunakan metode hukum normatif dengan pendekatan statute dan conceptual, mengkaji peraturan dan literatur hukum. Hasilnya menunjukkan bahwa notaris dapat dikenakan sanksi pidana jika terbukti sengaja terlibat dalam pemalsuan. Kesimpulannya, diperlukan harmonisasi antara KUHP dan UUJN untuk memastikan kepastian hukum bagi notaris dan masyarakat, dengan penekanan pada pembuktian unsur kesengajaan (dolus) notaris.

Putu Lisa Putri Maharani

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The development of digitalization has brought significant progress in the dissemination and accessibility of creative works, particularly through digital platforms that enable rapid and widespread distribution. The digitalization of creative works provides significant opportunities for creators and the creative industry to expand market reach and increase creative productivity. However, on the other hand, this progress also poses various challenges, particularly related to the increase in copyright infringement such as piracy, unauthorized duplication, and illegal distribution of digital content. This article aims to examine criminal acts against copyright infringement in the digital era based on Law Number 28 of 2014 concerning Copyright. The research methods used are literature study and case analysis to identify types of digital copyright infringement, the application of criminal law, obstacles in law enforcement, and possible solutions. In addition, this article also analyzes the effectiveness of applicable legal regulations and the impact of copyright infringement on the sustainability of the creative industry. The results of the study indicate that firm and adaptive law enforcement to technological developments is crucial to protect creators' rights and maintain the sustainability of creativity in the digital era.  

Dian Rusmana; Numan Sofari Hafid; Syahrul Anwar

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study seeks to unravel the complexities of applying the doctrine of culpa lata or gross negligence as the basis for criminal liability for state officials in corruption cases, an area that highlights gaps in the criminal law framework which tends to focus on intent. With the rise in corruption cases stemming from misguided strategic decisions that are difficult to prove as intentional, the urgency to explore alternative criminal liability grounds becomes crucial for establishing strong accountability in governance. This research specifically analyzes the application of culpa lata through an in-depth study of Decision Number 68/Pid.Sus-TPK/2025/PN Jkt Pst. Adopting a normative-empirical qualitative case study method, the analysis focuses on the court decision as a single unit of analysis, supported by primary data from the decision document and secondary data from legal literature. Through documentary evidence tracking, it was found that the panel of judges successfully applied the doctrine of culpa lata by identifying elements of negligence such as the disregard for risks that should have been known, subjective asset valuation, and strategic decision-making without adequate study, which causally led to state losses. These findings substantively show that gross negligence can effectively serve as a basis for criminal liability, indicating a shift in the pattern of corruption law enforcement that goes beyond proving mere intent. In conclusion, this study affirms the effectiveness of culpa lata in expanding the scope of criminal liability for state officials, offering theoretical contributions to the understanding of fault elements and practical implications in strengthening public accountability and the potential for corruption prevention through enhanced standards of caution.

Cahya, Afinda Cahya Saputri; Fadiya Nabila; Yudi Widagdo Harimurti

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Murder committed by children presents a dilemma in the criminal justice system, as it must balance the enforcement of justice with the protection of children's rights. This article examines the problematic nature of juvenile criminal liability in murder by comparing the perpetrator's legal approach to that of adults. Normative juridical research methods are used to explain legal provisions, court decisions, and related doctrines. The results indicate that juvenile offenders are not solely focused on their culpability but also on the child's psychological capabilities, maturity level, and social circumstances. Meanwhile, adult offenders are held fully accountable, with a focus on punishment. The main challenges are the difficulty of proving intent and the need for special mechanisms for handling juvenile offenders of serious crimes. This study provides for strengthening the capacity of law enforcement, improving child rehabilitation facilities, optimizing diversion mechanisms, and educating the public to support humane and proportional protection and enforcement of justice.

Ali Fuad Hasyim

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This research discusses the effectiveness of the implementation of diversion for children in conflict with the law in the crime of aggravated theft, with a case study at the Surabaya Children Crisis Center (SCCC). The background of the research is based on the importance of protecting children's rights in the criminal justice sistem, in accordance with Law Number 11 of 2012 concerning the Child Criminal Justice Sistem (UU SPPA), which prioritizes restorative justice and the principle of diversion to avoid the negative impact of formal punishment on children. This research uses empirical juridical method with descriptive analysis approach, examining primary data from interviews with legal counsel at SCCC as well as secondary data from related legal literature. The results show that diversion at SCCC has been implemented according to procedures at various stages of the legal process, from investigation, investigation, to trial. However, the implementation still faces obstacles such as the lack of understanding of law enforcement officials, limited human resources at legal aid institutions, and challenges in mediation between offenders and victims. In conclusion, although the implementation of diversion in SCCC is quite effective in protecting children's rights and preventing social stigma, the implementation of diversion in SCCC is not yet effective.

Ketut Anjaya Wilansa Wisna

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The current penal system in Indonesia focuses solely on the punitive nature of sentencing, without considering how to effectively reform the child offender for the better. This research employs a normative juridical method. The litigation process or juvenile justice system has been specifically regulated under Law Number 12 of 2011, which prioritizes the diversion system. In the litigation process, children's rights to grow, develop, and receive education must not be diminished. The educational penal system for children as criminal offenders has been regulated in Law Number 3 of 1997, particularly concerning the sanctions imposed on children as stipulated in Article 24 paragraph (1), which include: returning the child to their parents, guardian, or foster parent; handing over the child to the state to undergo education, coaching, and job training; or handing the child over to the Ministry of Social Affairs or social organizations engaged in education, coaching, and job training. The diversion system implemented in Indonesia differs from the diversion systems applied in other countries, where the system often collaborates with the Ministry of Social Affairs. According to Law Number 12 of 2011, diversion must be prioritized for children in order to prevent psychological harm. Obstacles in implementing educational sentencing or diversion systems for children arise when judges in Indonesia impose sentences rigidly based solely on statutory provisions, without considering the background, the best interests of the child, or the psychological impact of the decision, and without prioritizing justice for the child.

Erfan Efendi Yudi Arianto; Suprapto Suprapto; Achmad Faishal; Kamran Azizli

Discourse on Law and Society 2025 International Forum of Researchers and Lecturers

Corruption in Indonesia is not merely a moral transgression but an extraordinary economic crime that depletes national resources. The ultimate objective of corruption eradication, therefore, must be the restoration of state financial losses (asset recovery).  However, the current formulation of the criminal law system specifically Article 18 of Law No. 31 of 1999 contains a critical policy flaw. The provision of "Subsidiary Imprisonment" (Pidana Pengganti) allows convicts to substitute their financial restitution obligations with a disproportionately short prison term. This mechanism inadvertently provides an economic incentive for corruptors to conceal assets and choose imprisonment, resulting in significant state revenue loss. This study aims to critique the current penal policy formulation and propose a comprehensive reformulation of the compensation system. The research employs a normative-juridical method with a statutory and conceptual approach, utilizing the "Economic Analysis of Law" theory to evaluate the efficiency of sanctions. The study argues that the penal policy must shift from a "person-based" approach (in personam) to an "asset-based" approach (in rem). It is imperative to abolish the subsidiary imprisonment option for high-value corruption and implement "Non-Conviction Based Forfeiture" to maximize the recovery of state losses. Furthermore, this policy shift requires law enforcers with high-level cognitive skills to trace complex financial trails.

M Rayhan Ramadhan; Ambo Esa; Asrul Aswar

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the application of sentence enhancement to perpetrators of fraud in the recruitment of civil servants (ASN) and examines the consistency of judicial reasoning in Decision No. 1175/Pid.B/2024/PN Mks. The research focuses on two main issues: the fulfillment of the requirements for sentence enhancement under Articles 52 and 486–488 of the Indonesian Criminal Code (KUHP), and the alignment of the judge’s considerations with the principles of criminal sentencing. Using a normative juridical method and employing statutory, case, and conceptual approaches, this research finds that the application of Article 378 KUHP was appropriate, as the elements of deception were proven. However, sentence enhancement under Articles 52 and 486–488 KUHP was not applied due to the absence of a functional connection between the perpetrator’s status as an ASN and the offense, as well as the failure to meet the formal requirements of recidivism. Although the decision is legally defensible in a formal sense, it lacks substantive completeness in addressing moral and sociological considerations. The perpetrator’s ASN status and prior conviction should reasonably serve as aggravating factors. The study concludes that while the decision is normatively consistent, it falls short of achieving substantive justice, particularly regarding public protection and the integrity of the civil service.

Rahmat Zarkasih Londa; Hartoyo Hartoyo; Nasoetion, Dedi Wardana; Sri Astutik

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This study examines the application of restorative justice in traffic accidents during the investigation stage. The main focus of this research is to analyze the regulations and implementation process. The goal is to comprehensively describe how restorative justice policies are regulated by law and how they are practiced in the field, particularly by investigators. The research method used is a juridical- normative method with a qualitative approach. Data were obtained through literature review and in-depth interviews with relevant parties. The results indicate that restorative justice can be applied in resolving traffic accident cases, especially those resulting in minor losses or minor injuries. This regulation is contained in various regulations, such as Police Regulations and Circular Letters that serve as guidelines for investigators. The implementation process involves mediation between the perpetrator, the victim, and other relevant parties to reach a peaceful agreement. This agreement often includes compensation, an apology, or other mutually agreed-upon forms of reparation. The application of restorative justice aims to restore conditions to normal, restore social relationships, and avoid lengthy formal judicial processes. However, its implementation still faces challenges, such as unequal public legal awareness and the criteria for cases that can be resolved through restorative justice.

Wahid Ramadhan; Andi Rahmah; Andi Tanwir Mappanyukki

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Abortion is prohibited under the Indonesian criminal law system. In fact, it is categorized as a crime against life, regulated by several laws and regulations, including the Criminal Code and the Health Law. Indonesian criminal law defines abortion as "Termination of Pregnancy," which is regulated by Articles 299, 346, 347, 348, and 349 of the Criminal Code. These articles clearly and unequivocally prohibit abortion for any reason, including abortion for emergency (forced) reasons, such as rape. This type of research is normative legal research (normative legal research method). The normative legal research method is a library legal research conducted by examining legal literature materials such as Legislation, Judge's Decisions, Books, Journals, Theses and Legal Dictionaries. The results of the study indicate that (1) The Judge imposed a sentence of 2 (two) years. This seems light and unfair because the defendant's actions should have been given a heavier sentence as stated in the case that the defendant had committed his crimes seven times. (2) The judge's considerations in imposing criminal sanctions in Decision Number 1224/Pid.Sus/PN.Mks, concluded that the judge's decision to sentence the defendant to two years in prison was lenient and did not reflect the sense of justice that should have been upheld. This was because the defendant's actions were classified as a serious crime that had a widespread moral and social impact on society.

Anggi Lia Liswati; Taun Taun

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The advancement of Artificial Intelligence (AI) technology has generated significant benefits while simultaneously creating new opportunities for cyber-based sexual offenses, particularly through deepfake technology, which enables the manipulation of a person's face into pornographic content without consent. This study examines criminal liability for perpetrators of AI-based sexual harassment and legal protection for victims in deepfake pornography cases, focusing on a case involving a student at Udayana University, Bali. This research employs a normative legal method by analyzing primary, secondary, and tertiary legal materials. The findings indicate that although Indonesian law does not yet explicitly regulate deepfake technology, perpetrators can still be prosecuted under the Electronic Information and Transactions Law, Pornography Law, Sexual Violence Law, and the new Criminal Code. Criminal intent is established through the deliberate manipulation, creation, and dissemination of non- consensual sexual content. Furthermore, victims are entitled to legal protection, including psychological recovery, privacy rights, restitution, and content removal. This study highlights the urgency of developing specific regulations addressing AI-related sexual crimes, enhancing forensic digital capabilities, and strengthening victim-centered protection mechanisms. The research contributes to the legal discourse on emerging digital crimes and emphasizes the need for adaptive legal frameworks in the AI era.  

Khofifah Laila Oktavia; La Syarifudin; Agustina Wati

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Minors today are increasingly involved in criminal acts, and this does not happen without reason. One contributing factor is the consumption of alcoholic beverages. Children in Ujoh Bilang Village have started consuming alcohol, influenced by several factors, despite being underage. They consume both branded alcoholic drinks and traditional beverages such as arak. Based on research conducted in Ujoh Bilang Village, Mahakam Ulu, several factors have been identified as reasons why minors consume alcohol. These include internal factors within the child, external factors such as family influence, environment, alcohol vendors, and cultural factors. These elements serve as the background for underage alcohol consumption in the village. According to the research findings, minors who consume alcohol are not subjected to criminal punishment but are instead given warnings or educational guidance and then returned to their parents. However, minors can be held criminally responsible under the juvenile criminal justice system if they are unable to control themselves due to intoxication, leading to criminal acts such as accidents, fights, or even murder. In such cases, minors may be prosecuted for their actions.

Safrizal, Riyan Auliyanda; Fahmi Makraja; Ikhsan Fajri; Belia Pratiwi Rosadi

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the shift in the meaning of delinquency in Articles 2 and 3 of the Corruption Crime Law (Corruption Law) which has an impact on law enforcement for corrupt perpetrators. In practice, the element of state losses must be clearly proven so that the perpetrator can be held criminally responsible. However, there is a phenomenon of corrupt perpetrators who return state losses to obscure the elements of loss as stipulated in Article 2 of the Corruption Law, so that they have the potential to escape criminal snare. This research uses a qualitative method with a descriptive analysis approach, through literature studies and studies of the Constitutional Court Decision Number 25/PUU-XIV/2016. The results of the study show that the basis of the applicants' application in the decision is divided into four aspects, namely the authority of the Constitutional Court, the legal standing of the applicant, the object of the application, and the reason for the application. The Constitutional Court judge in the decision considered three main aspects, namely the authority of the Constitutional Court, the legal standing of the applicant, and the subject matter of the application. The judge's legal considerations emphasized that the phrase "may" in Article 2 paragraph (1) and Article 3 of the Corruption Law caused legal uncertainty, so that the nature of the offense in the two articles changed to a formal offense. This has an impact on uncertain and fair legal protection for applicants and has serious implications for law enforcement of corruption crimes in Indonesia.