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Purpose – The purpose of this study is to show that the settings are not self-incriminating rights the right of non-self-incrimination) within the law and how the civil rights of the crown witness exist.

Design/Methodology/Approach – This prescriptive and descriptive study employs the normative legal approach and qualitative analysis.

Findings – The attorney general should prove that a criminal case is not too oriented toward witnesses, especially the crown witness, and that there is still other evidence (e.g., evidence of letters and the results of forensic analysis) and the value of convincing proof is difficult to be denied by the defendant. To avoid misinterpretation towards the presence of crown witness in a criminal case process, a regulation policy issued by the Supreme Court of Republic Indonesia is needed.

Practical Implications – Proffering a crown witness under oath is to prove that a crime opposes against the procedure of criminal law with respect the human right values.

Originality/Value – Forcing a person to prove his own guilt is an act contrary to the alleged principle of an innocent person and this research has not been published.

This paper aims to study the Integrated Criminal Justice System; the law enforcement carried out by the Indonesian National Police is expected to be able to realize legal values, namely, legal justice, expediency and certainty.

This research can broadly be grouped into the realm of the socio-legal research approach. The domain of law enforcement in corruption cases is related to the preliminary investigation and full investigation process. The research location chosen is at Indonesian National Police Headquarter (Mabes Polri) and Greater Jakarta Metropolitan Regional Police. The main data sources are stakeholders who are related and have the authority as preliminary phase investigators and full phase investigators. The next informants are determined by snowball technique, which consists of several informants as follows: Director of Special Criminal Investigation Directorate of Greater Jakarta Metropolitan Regional Police, head of Corruption Crime Sub-Directorate of Greater Jakarta Metropolitan Regional Police, investigators of Corruption Crime Sub-Directorate of Special Criminal Investigation Directorate of Greater Jakarta Metropolitan Regional Police, members of Commission III of the Indonesian House of Representatives (DPR), constitutional law experts and police experts. The data in this research are obtained through observation activities, visual interviews, document interpretation (text) and material and personal experience.

The corruption cases handled by the Indonesian National Police have mostly come from information reports from the public. Based on the information report from the community, the preliminary investigation phase is carried out by the preliminary phase investigator of the Indonesian National Police in the field. In addition, a preliminary investigation and full investigation is carried out due to the results of an audit from the BPK or BPKP. Preliminary investigation and full investigation begin after it is alleged that a criminal act of corruption had occurred based on the report, complaints and information received by the preliminary phase investigator or full phase investigator from the community. In conducting the preliminary investigation and full investigation of corruption cases, based on the results of the research conducted, it is also found that the Indonesian National Police’s preliminary phase investigator and full phase investigator experience several obstacles, besides supporting factors that support the success of a preliminary investigation and full investigation.

This research is a case study in which no previous studies have used the same method in Greater Jakarta Metropolitan Regional Police (Polda Metro Jaya). This paper is the result of the researcher’s research on what is described above, guided by the constructivism paradigm, the researcher applies the paradigmatic analysis to understand how the preliminary investigation and full investigation on corruption crimes by Greater Jakarta Metropolitan Regional Police act as part of an integrated criminal justice system. Through the paradigmatic analysis, the researcher then reveals how while upholding the law, the Indonesian National Police actually sought to realize legal justice, expediency and certainty.

The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation based on the Indonesian legal system and prevailing laws. An effective tool needs to be implemented because of the facts that numerous corporate illegal activities lead to economic and financial crime. Meanwhile, there are difficulties to implement the corporate criminal liability. Non-conviction-based asset forfeiture will be a way out to deal with the current condition.

This paper explores and analyzes the Indonesian legal system, particularly a non-conviction-based asset forfeiture for corporate illegal activities. This paper is based on the research paper conducted with the legal normative approach.

Non-conviction-based asset forfeiture through unexplained wealth order will be an effective tool and a revolutionary pattern in the crime prevention perspective dealing with corporate crime. Corporate criminal liability in anti-corruption regime can be viewed from two perspectives by combining and integrating crime prevention approach as well as the repressive approach. The Indonesian Supreme Court Regulation number 13 of 2016 is a breakthrough in the criminal justice system to redesign case handling procedure toward corporate crime. It needs to be supported by precise asset forfeiture law. Furthermore it is necessity to strengthening and built corporations with moral and ethical business values.

This paper can be a source to explore the unexplained wealth that can occur in the corporation and the way to overcome it through unexplained wealth order and non-conviction-based asset forfeiture.

This paper contributes by initiating a non-conviction-based asset forfeiture, which is implementing the in rem proceeding, to make sure the crime does not pay and the victim and society suffer less because of the corporate crime.

The Foreign Corrupt Practices Act (FCPA) of 1977 and its amendment – the Trade and Competitive Act of 1988 – are unique not only in the history of the accounting and auditing profession, but also in international law. The Acts raised awareness of the need for efficient and adequate internal control systems to prevent illegal acts such as the bribery of foreign officials, political parties and governments to secure or maintain contracts overseas. Its uniqueness is also due to the fact that the USA is the first country to pioneer such a legislation that impacted foreign trade, international law and codes of ethics. The research traces the history of the FCPA before and after its enactment, the role played by the various branches of the United States Government – Congress, Department of Justice, Securities Exchange commission (SEC), Central Intelligence Agency (CIA) and the Internal Revenue Service (IRS); the contributions made by professional associations such as the American Institute of Certified Public Accountants (AICFA), the Institute of Internal Auditors (IIA), the American Bar Association (ABA); and, finally, the role played by various international organizations such as the United Nations (UN), the Organization for Economic Cooperation and Development (OECD), the World Trade Organization (WTO) and the International Federation of Accountants (IFAC). A cultural, ethical and legalistic background will give a better understanding of the FCPA as wll as the rationale for its controversy.

This study aims to formulate the implementation model of Ship and Port Facility Security Policy based on ISPS Code in PT Pelindo II (Cirebon Branch).

The location of the study was the port area of PT Pelindo II (Cirebon Branch). It was because the controlling policy became the duties and responsibilities of each region in which it was the responsibility of PT Pelindo II (Cirebon Branch). However, because of the problem of controlling, it became a common responsibility that could be divided into other institutions such as Navy, Police, Kodim, Satpol PP and leadership apparatus ranging from local to central authorities. Data collection in this study was done by some methods, namely: interview and direct observation. This was done to provide a real and detailed picture of the implementation of Ship and Port Facility Security that is based on ISPS Code to discipline gerandong in PT Pelindo II (Cirebon Branch). The researcher conducted the data collection activity by compiling the document on the field.

Ship and Port Facility Security Policy of ISPS Code throughout Indonesia, including PT Pelindo II (Cirebon Branch), has been enacted by Ministry of Transportation since 2004 by the Decree of Minister of Transportation Number 33/2003 on the application of Amendment of SOLAS 1974 on the Ship and Port Facility Security in Indonesian territory (ISPS Code) in top-down way for good port governance that is free from any safety, health and security threats, especially gerandong because of which the implementation of ISPS Code is not working properly. The Ship and Port Facility Security Policy that is based on ISPS Code is a mandate of UN convention and the mandate of the law and order of the Minister of Transportation to conduct the port security, especially in securing the ship and port facility based on ISPS Code so that Cirebon Branch will be a world-class port. The implementation process of ship and port facility security that is based on ISPS Code in PT Pelindo II (Cirebon Branch) does not run optimally, especially in disciplining gerandong because of the lack of the socialization that was done to the target community groups and related makeshift.

From the results of analysis of several journals that became a reference for this study, there are at least three problems that need special attention, namely, general implementation problems (especially in developing countries), implementations that do not work because of leadership and implementation that cannot run if there is no benchmarking. The researcher is interested in analyzing the problem that has lasted almost for 10 years and has never been resolved until now. Many of the problems behind the phenomenon of gerandong occurred because of the interaction of government (civil society), civil society, Community Empowerment Institutions (LSM), Market (PT Pelindo) and certain community groups as well as the involvement of the apparatus. The most important of all that has been explained above is that in accordance with the feasibility of study (FS), the environmental impacts of the Development Main Plan (RIP) of Cirebon Port and its social impact analysis on the community has not been discussed. Therefore, the FS is expected to be complete and to become plenary and be more feasible to be accepted with this gerandong study.

This paper aims to explain the regulations in Indonesia that apply to lawyers and other professional advisers in terms of their obligations as reporting parties of suspicious financial transactions with respect to money laundering and other financial crimes. As lawyers and other professional advisers offer services to the business community in Indonesia, they are vulnerable to becoming parties to illegal business transactions. The results could lead to bribery, graft, tax crime and corruption in Indonesia.

This paper explores and analyzes the obligations of lawyers and other professional advisers under Indonesian law, with particular reference to their obligations as reporting parties in efforts to prevent economic crime within the country’s business community.

Lawyers and other professional advisers, as reporting parties, can be viewed as the gatekeepers that inhibit economic and financial crimes. Consequently, a new perspective is needed for all of the legal professions so that they can protect themselves from the risks of being targeted by nefarious clients/offenders. To strengthen the role of these advisers, it is recommended that both a code of ethics and know your customer principle to be implemented.

This paper can serve as a resource that explores the functions of lawyers and other professional advisers as reporting parties whose aim is to prevent financial and economic crime in Indonesia.

This paper encourages lawyers, other professional advisers, and public and private institutions to implement a code of ethics, and also integrity and professionalism, with a view to preventing economic and financial crimes. According to the code, the functions and obligations of lawyers and other professional advisers include discouraging such offenses. The code becomes effective when legal professionals adhere to legal ethics and integrity.

The purpose of this paper is to examine the role of private sector in Indonesia to prevent and combat corruption practices. The eradication of corruption is not only the government’s problem which can be solved only by government regulations. The private sector should be involved in and be aware of these matters because of the huge interest of the business activities concerning national interest as well as their private interest to achieve highest profit.

This paper explores the Indonesian laws on corruption eradication and analyzes the important role of the private sector that needs to be built.

The role of private sector in the financial system can be viewed as a non-penal policy, which has a great impact as a prevention method to combat economic crimes such as corruption. A new perspective is needed to build, balance and integrate the role of the private sector. As a new perspective combating corruption, Indonesian Laws on Corruption Eradication is fostering the role of the private sector in promoting integrity and good corporate governance.

The paper can be a source to explore the eradication of corruption based on Indonesian perspectives.

This paper contributes by encouraging the private sector to prevent corruption and bribery practices, which, nowadays, are common in Indonesia.

This study aims to investigate Indonesian regulation of Article 69 of the Money Laundering Criminal Act (TPPU) related to proving predicate crimes, as it leaves a debate whether it must be proven beforehand or not.

This research is a normative juridical study, in addition to examining the views of criminal law experts on the formulation of Article 69 of the TPPU Law; it is also extended to the practice of prosecution and court decisions in TPPU cases.

The results of this study show that there are two views related to the obligation to not prove the corruption in the ML case. The first view states that the origin of corruption must be proven, especially because ML is a follow-up crime, so it is necessary to prove corrosive crime as one of the predicate offenses. The second view states that the predicate offense of corruption does not have to be proven beforehand because TPPU is an independent offense.

This research focuses on analyzing whether or not it is obligatory to prove the original crime of corruption in the money laundering case.

This paper examines the role of professional associations, governmental agencies, and international accounting and auditing bodies in promulgating standards to deter and detect fraud, domestically and abroad. Specifically, it focuses on the role played by the US Securities and Exchange Commission (SEC), the American Institute of Certified Public Accountants (AICPA), the Institute of Internal Auditors (IIA), the Institute of Management Accountants (IMA), the Association of Certified Fraud Examiners (ACFE), the US Government Accounting Office (GAO), and other national and foreign professional associations, in promulgating auditing standards and procedures to prevent fraud in financial statements and other white‐collar crimes. It also examines several fraud cases and the impact of management and employee fraud on the various business sectors such as insurance, banking, health care, and manufacturing, as well as the role of management, the boards of directors, the audit committees, auditors, and fraud examiners and their liability in the fraud prevention and investigation.

This study aims to first analyze the inhibiting factors for cross-border asset recovery and, second, analyze the solutions to any barriers to cross-border asset recovery.

This study was normative legal research with legal materials collected by document studies and literature studies. This study used a statute approach and a conceptual approach

First, the inhibiting factors for cross-border asset recovery are regulation-related issues, lack of mutual legal assistance and extradition treaties, differences in legal systems and the interests of the country, where the assets are placed. Second, the solutions to the barriers to cross-border asset recovery are regulatory reforms and diplomacy strengthening.

This study found some barriers and solutions to cross-border asset recovery. These can provide inspirations for subsequent studies to be reviewed in more depth.

This study will be very useful for the Indonesian Government to formulate effective and efficient policies related to cross-border asset recovery.

With effective and efficient policies related to cross-border asset recovery, it can prevent criminals from hiding their criminal assets abroad.

To the best of the author’s knowledge, until now, there has been no study that comprehensively discloses the barriers and solutions related to the failure of the Indonesian Government to conduct cross-border asset recovery. Therefore, it is expected that this study will be very useful for the Indonesian Government and other researchers to conduct further studies on this issue.