Statute Approach Research Articles

KEPASTIAN HUKUM AKTA PERJANJIAN TERKAIT PINJAM NAMA (NOMINEE) OLEH WARGA NEGARA ASING (WNA) DALAM JUAL BELI TANAH MENURUT UNDANGUNDANG POKOK AGRARIA.

Nominee agreements in buying and selling freehold land are prohibited according to applicable law. The phenomenon that occurs in society is that nominee agreements are still used by foreign citizens in buying and selling land. The formulation of the problem in this research is the legal consequences of a deed of agreement to borrow a name in the sale and purchase of land by a foreign citizen and what is the legal certainty of the deed of agreement regarding the borrowing of a name (nominee) by a foreign citizen (WNA) in the sale and purchase of land according to the Basic Agrarian Law. The legal theory used in this research is the theory of legal certainty by Jan Michiel Otto, the theory of legal consequences according to Soeroso. The method used in this research is a type of normative juridical research, namely legal library research or secondary and tertiary sources of legal materials. The research approaches used are the statutory approach, conceptual approach, case approach and analytical approach, and legal material collection techniques are carried out by identifying ang inventorying positive legal rules, book literature, journals and order sources of legal material. The analysis out using legal interpretation, including Grammatical Interpretation and Historical Interpretation ang analogy legal construction methods. From the results results can be obtained that the the legal implication on the nominee agreement to the land agreement by WNA are null and void because it does not meet the requirements to the Article 1320 Number 4 of the KUH Perdata and conflicted with the principle of Nationalism as emphasized in Article 26 Paragraph (2) UUPA so that parties related to the land agreement based on a nominee agreement shall be subject to civil liability. The legal certainty about the nominee agreement by the WNA to the land agreement based on the UUPA is carried out in a preventive manner by establishing statutory regulations that prohibit nominee agreements in relation to land rights so as to protect foreign nationals from possible losses and fraud that could threaten the security of foreign investment in Indonesia

THE IMPORTANCE OF RENEWING THE WHISTLE BLOWER REGULATION FOR CORRUPTION CRIMES IN INDONESIA

The existence of whistleblowers in disclosing corruption plays a very important role considering that corruption is carried out in a very neat and organized manner. Disclosure of corruption by a whistleblower certainly carries huge risks because the testimony given by the whistleblower is detrimental to the corruptor. The role of the whistleblower certainly needs to be provided with adequate legal protection. The purpose of writing this article is to analyze the concept of updating legal protection for whistleblowers in the future.This article was written using normative legal research methods with a statutory approach and a conceptual approach. The results of this research show that comprehensive protection is not only limited to legal protection and special protection that applies during the criminal justice process but also needs to be implemented after the criminal justice process has been completed, and it is necessary to reform institutional whistleblower protection.

PRINSIP DEKLARATIF SEBAGAI WUJUD PERLINDUNGAN HUKUM BAGI PEMEGANG HAK CIPTA ATAS CIPTAAN SKETSA TUGU SELAMAT DATANG DI JAKARTA (STUDI KASUS PUTUSAN NOMOR 35/PDT.SUS-HAK CIPTA/2020/PN NIAGA JKT.PS)

The research aims to determine and analyze the resolution of copyright holder disputes over creative works of sketches of the welcome monument in Jakarta based on declarative principles based on Indonesian positive law. The research method uses normative juridical research. This type of research is intended as a type of dogmatic (doctrinal) research and a form of descriptive research about laws. The approach to this research is a statutory approach and a case approach related to the application of the declarative principle for the copyright holder of a creative work, Sketsa Tugu Selamat Datang, against other parties who use the sketch's copyrighted work, without the permission of the copyright holder, such as in cases of copyright infringement. sketch of the welcome monument registered in case Decision Number: 35/Pdt.Sus-Hak Copyright/2020/PN Niaga Jkt.Ps).The results of this research are a form of legal protection for copyright holders for the Selamat Datang Monument Sketch, namely that the copyright holder has received automatic rights protection (declarative principle) if a work has been created or realized, and has received recognition from the state even though the work has not been registered or published. As well as providing legal protection for moral rights, economic rights (royalties), and rights related to copyright holders. These aspects have characteristics that must be carried out to be fulfilled in law enforcement. Another form of legal protection is a judge's decision that punishes PT. Grand Indonesia (defendant) to pay for material losses suffered by Seana Meaya Nunjung and other heirs (plaintiffs) due to the use of the PT Logo. Grand Indonesia, which is paid in full and at once after the verdict in this case, has permanent legal force.

Restorative Justice as an Effort to Fulfill the Constitutional Rights of Citizens

This study aims to determine whether the settlement of criminal cases through restorative justice is an effort to fulfill the constitutional rights of citizens. The method used in this research is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the settlement of cases through restorative justice is an effort to fulfill the constitutional rights of citizens because the principle of resolving cases through restorative justice can be said to be more able to guarantee justice and equality before the law (equality before the law) as regulated in Article 27 paragraph (1), Article 28D paragraph (1) and Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

Professional Liabilities of Legal Officer in Providing Legal Opinion to the Corporate Directors

The legal officer must be neutral when providing legal opinions to the directors. Therefore, the liability for providing legal opinions belongs to the directors. The research objectives are to specifically analyse the position of a legal officer as an employee of a company; and analyse the professional liability of a legal officer in providing legal opinion to the company’s directors. This research uses normative law research method with normative case studies in the form of legal behaviour products. While the approach method is a statutory approach. The legal officer is authorized in determining the measures to be taken by the company in accordance with the orders of the directors and applicable company regulations. The liability of the legal officer is limited to providing opinions in accordance with the duties and functions assigned by order of the directors in good faith and professionally.

Appointment of Members of the Indonesian National Army as Acting Regional Heads in the Face of Simultaneous Regional Elections in 2024

The simultaneous Regional Head Elections in 2024 result in vacancies in the positions of Governor, Regent and Mayor who expire their terms because they have to wait for definitive officials from the results of the 2024 Regional Head Elections. This study aims to analyze the arrangement for the appointment of members of the Indonesian National Army as Acting Regional Heads and analyze the limits of authority possessed by Acting Regional Heads in implementing regional government. The type of research used is juridical-normative with a statutory approach, The results of the research are, first, the appointment of members of the Indonesian National Army as Acting Regional Heads is contrary to the provisions of Article 201 Paragraph (11) of Law Number 10 of 2016 concerning Regional Head Elections, and Article 19 Paragraph (1) of Law Number 5 of 2014 concerning State Civil Apparatus, besides that there are also other conflicts in Article 47 Paragraph (1) of Law Number 34 of 2004 concerning the Indonesian National Army. Second, the authority of the Acting Regional Head is limited by four things, namely prohibiting employee mutations, canceling licenses that have been issued by previous officials and/or issuing licenses that are contrary to those issued by previous officials, making policies on regional expansion that conflict with the policies of previous officials, and making policies that are contrary to government administration policies and official development programs previously. The limitation of such authority may be waived with the written approval of the Minister of Home Affairs. However, the provisions for obtaining written approval from the Minister of Home Affairs are not regulated in the applicable laws and regulations.

THE EFFECTS OF CRIMINAL LAW ON LEGAL SUBJECTS OF WASTE MANAGEMENT THAT DAMAGES THE ENVIRONMENT

Article 28H of the 1945 Constitution of the Republic of Indonesia establishes constitutional and human rights for all citizens, outlining principles for managing the environment. These principles include state responsibility, justice, and sustainability. Despite the constitutional emphasis on the right to a good and healthy environment, environmental crimes are prevalent in Indonesia, particularly where companies dispose of waste directly into rivers, leading to pollution. While Article 28H, paragraph (1) underscores the right of individuals to live prosperously in a physically and mentally healthy environment, the reality contradicts these rights. Business activities in certain regions, especially along rivers, do not align with these principles. The prevalent criminal acts often involve improper waste disposal into rivers, causing environmental degradation. It is essential to consider Law No. 32 of 2009 on Environmental Protection and Management to tackle these challenges. According to Article 1, 14 of this legislation, environmental pollution is defined as human activities leading to the introduction or involvement of living beings, substances, energy, or other environmental elements, exceeding the quality standards set for environmental conditions. This study employs a normative juridical research method that incorporates three distinct approaches. The first approach is the statutory approach, involving a thorough examination of legal regulations relevant to the central focus of the research. The second approach, the conceptual approach, involves comprehending the legal concepts that underlie the research, including the values ​​inherent in the norms. Lastly, the case approach analyzes legal norms or principles applicable to Environmental Criminal Offenses, encompassing regulations, accountability, and possible legal consequences. Environmental pollution can be explained based on Article 1, number 14 of Law No. 32 of 2009 concerning Environmental Protection and Management.

PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).

Legal Implications of Using Artificial Intelligence (AI) Technology in Electronic Transactions

The advancement of technology, including the use of Artificial Intelligence (AI) in everyday life, has brought about significant changes and substantial impacts, especially in electronic transactions and law. While the use of AI promises various benefits, it also raises several important legal issues, such as legal responsibility, data privacy, and contract validity. The purpose of this research is to understand the legal framework of AI in the Indonesian legal system and the legal implications of AI utilization, particularly in the context of electronic transactions. This research is of a normative juridical type, employing a conceptual approach and a statute approach. The results of the research indicate that AI is not specifically regulated in its own law but is discussed within the Electronic Information and Transactions Law (ITE Law) and several regulations under it. The legal implications of AI usage can be viewed from two main perspectives. First, AI is regarded as an electronic agent, where all legal responsibilities for AI actions are placed on the electronic system providers. Second, AI is seen as a legal subject, where it is treated as a legal entity or rechtpersoon.

ANALISA YURIDIS TERHADAP PENERBITAN FAKTUR FIKTIF

The embodiment of the Indonesian State in providing prosperity to its nation as mandated in the 1945 Constitution of the Republic of Indonesia is by collecting taxes which are used to provide support for national development. However, along the way, collecting taxes from taxpayers is not easy because the existing tax compliance is still low. So that fraudulent acts emerge which lead to criminal acts, one of which is the issuance and/or use of tax invoices that are not in accordance with ongoing transactions. Therefore, this research will examine the criminal liability of corporations as users of fictitious tax invoices in tax crimes and how judges consider fictitious invoices in cases in the Semarang High Court Decision Number 258/PID/2021/PT.SMR. Because this research is legal research, the approach used is a conceptual approach which is based on the concept of tax development and tax crime supported by a statutory approach such as being based on the Director General of Taxes' regulations and general tax provisions.

ANALISIS HUKUM PENDAFTARAN TANAH TERHADAP TANAH KOMUNAL

Customary land rights are the highest form of land ownership under customary law, encompassing all land within a specific customary legal jurisdiction, jointly held by members of the indigenous community. The purpose of this research is to find a model for registering communal land in the land registration system and to determine the legal status of communal land in the land registration system. The research methodology used in this study is normative legal research, employing various approaches such as statutory approach and conceptual approach. The legal sources used include primary legal materials, secondary legal materials, and tertiary legal materials. The research findings indicate that the registration of communal land in the land registration system, both de facto and de jure, has been recognized and protected through two regulations that acknowledge the existence of communal land, namely Ministerial Regulation No. 10 of 2016 and the Complete Systematic Land Registration (PTSL) program. Essentially, communal land controlled by indigenous communities will be acknowledged through a decree issued by the regent/mayor/governor for the registered communal land at the local National Land Agency (BPN) office. However, the legal status of communal land in the Land Registration System shows that communal land is not included in the rights to land as regulated in Government Regulation No. 24 of 1997 concerning land registration. Therefore, a revision of the land registration regulation is necessary to ensure the legal certainty of communal land controlled by indigenous communities

PENYELESAIAN SENGKETA SERTIPIKAT GANDA PADA PTUN

The diversity of Indonesia's resources from land and sea has been recognized by the world. With this diversity of resources, the country certainly needs a legal umbrella to provide protection so that the potential of these natural resources is maintained into the future. So in this case, the state is in the position of "ruler" which has the authority to regulate the use of existing earth, water and space, as stated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. One embodiment of this article is the issuance of the UUPA which provides opportunities Indonesian citizens to own a plot of land in their own name, proven by ownership of a certificate. However, during the journey, a discrepancy was discovered that 1 plot of land was owned by 2 certificates, which created a sense of legal uncertainty for the owner. Therefore, this research will examine whether the problem of double certificates can be resolved at the TUN judicial body. Because this research is legal research, the approach used is a conceptual approach related to the concept of KTUN and TUN procedural law which is supported by a statutory approach using currently applicable provisions such as referring to the Constitution and other derivative regulations, KTUN,

Decriminalizing Marijuana Use as an Alternative Medical Treatment

The discourse surrounding the legalization of Class I narcotics, particularly marijuana (Cannabis Sativa), as one of the alternative medical treatments, has been continuously debated for the past few years. Various studies have been advancing with technological progress, prompting some other countries to start legalizing marijuana for medical purposes with certain restrictions. In Indonesia, there is a clear law, namely Law Number 35 of 2009 concerning Narcotics, which imposes restrictions and prohibitions on the use of various narcotics. Violators of these regulations are subject to criminal sanctions. In this legal research, the author will conduct a literature study using a statutory approach, which involves examining all relevant laws and legal regulations related to narcotics and the legality of the policy on the use of Class I narcotics as alternative medical treatments, such as the 1945 Constitution of the Republic of Indonesia (UUD 45), Law Number 35 of 2009 concerning Narcotics, Law Number 17 of 2023 concerning Health, and Law Number 39 of 1999 concerning Human Rights. The research findings indicate that juridically, the Narcotics Law, especially Article 6 paragraph (1) letter a and Article 8 paragraph (1), prohibits the use of Class I narcotics for medical purposes, which is clearly contradictory to Article 28C paragraph (1) of the 1945 Constitution where every person has the right to develop themselves through the fulfillment of their basic needs, the right to education, and to benefit from science and technology, arts, and culture, for the purpose of improving their quality of life and the welfare of humanity. Furthermore, the Health Law does not specifically regulate the use of marijuana for medical purposes, but only addresses general regulations regarding the use of narcotics. It is hoped that the results of this research can become a reference for policy makers to legalize the use of marijuana as an alternative treatment.

Legal Protection for Investors Buying and Selling Shares Online and in the Capital Market

This study aims to know and analyze legal protection for investors in terms of buying and selling shares online and to find out and analyze the factors inhibiting the implementation of factors that hinder legal protection for investors in terms of buying and selling shares online. The research method carried out in this study is normative legal research, in this case, using material collection techniques in the form of document and literature studies. The results of this study show the form of legal protection for investors as consumers in Law Number 8 of 1999 concerning Consumer Protection, namely the establishment of BPKN and BPSK. Law Number 8 of 1995 concerning the Capital Market has been regulated regarding the disclosure of information that must be provided to investors, and the regulation of Bapepam-LK as a supervisory body for every activity related to the capital market, which has been transferred to the OJK. Law Number 21 of 2011 concerning the Financial Services Authority aspects of legal protection provided by this law are prevention or preventive efforts and enforcement or repression carried out by the Financial Services Authority. The inhibiting factors faced in carrying out investor protection are still the large number of unlicensed/illegal online stock investments and the lack of knowledge of the investor community related to illegal investments. Research Recommendations It is expected that the government will be able to update Law Number 8 of 1999 concerning Consumer Protection to protect consumers optimally in this era of highly developed technological development. It is expected that in the future, the government will need to regulate online stock investment through a special law. It is expected that in the future, there will be coordination and cooperation between OJK and BPKN / BPSK in ensuring investor (consumer) protection. Investors are expected to be more careful in seeking information and choosing a clear securities company that has obtained permission for its activities. To find out the forms of violations/crimes in capital market transactions and to know the legal protection of investors in capital market transactions. The journal writing method uses normative research with an approach, namely the statutory approach, namely Law Number 8 of 1995 concerning the capital market, the fact approach to alluding to capital practices in Indonesia, and the concept analysis approach to legal analysis. Based on the results of the study, namely: Legal Protection to the Capital Market Supervisory Body Article 4 of Law No. 8 of 1995 concerning the capital market stated that "coaching, regulating, supervising by Bapepam to create orderly, fair, and efficient capital market activities and crimes and violations in the capital market sector will be involved in legal cases, in capital market violations, usually regarding BAPEPAM licensing and registration cases.

Substansi Sighat Ta’lik Talak Guna Menjaga Keutuhan Rumah Tangga Perspektif Hukum Islam

Sighat ta'lik was formulated to protect the wife from the husband's arbitrariness, if the wife is not willing to accept her husband's treatment, the wife can file a divorce suit based on the fulfillment of the conditions for ta'lik talak mentioned at the beginning. The reality is that many divorces are caused by husbands' negligence towards their wives in terms of taking care of them, providing support and respecting women. In this case, the function of ta'lik divorce can be seen which binds the husband's responsibility towards his wife. This research is library research. The approach that researchers use is the statutory approach, which is an approach carried out by analyzing the rules and regulations related to the legal issue. To obtain data, researchers studied existing theories and then analyzed them and linked them to the substance of Sighat Ta'lik Talak to maintain household integrity from an Islamic legal perspective. The research results show that the ta'lik talak agreement is not an agreement that must be entered into at every marriage. However, once the divorce agreement has been agreed, it cannot be revoked. In line with the contents of the sighat ta'lik talak, ta'lik talak in the Indonesian Marriage Laws is also included in the marriage agreement article. The legal implications that can arise are if the husband violates the vow of ta'lik talak, then it can be categorized as a violation, and this violation can be used as a reason for the wife to file a divorce suit with the religious court.

Strengthening Law Enforcement: The Urgency of Establishing Regulations on Electronic Evidence in Civil Evidence

The evolution of information and communication technology (ICT) has significantly altered a number of spheres of life, including law. Another result of this growth is the creation of electronic evidence, a brand-new category of evidence. When evidence is produced, kept, and transferred through an electronic system, it is considered electronic evidence. The evolution of law in Indonesia has been significantly influenced by advances in science and technology. Due to technological advancements, new lawsuits are being filed. This study employed a normative legal research design as its methodology. Both a conceptual and a statutory approach are employed. Electronic evidence's introduction has led to a number of issues in the civil because the existence of electronic evidence in the process of establishing civil procedural law has not been explicitly and definitely accepted by the Indonesian legal system. From a formal legal perspective, papers and electronic data cannot yet be admitted into evidence in Indonesian civil evidentiary proceedings to resolve legal disputes. The civil evidence system has seen major changes as a result of the development of information and technology in many facets of society. Emails, instant messages, and other electronic data are just a few examples of the diverse electronic data that is used as civil evidence in court.

The Principle of Fiduciary Duty in Single-Member Limited Liability Company

Limited Liability Company in Indonesia has a conceptual expansion since the Job Creation Law has enacted. There are two types of Limited Liability Company currently, capital partnership limited liability company and single-member limited liability company. One of the most significant changes to the concept of limited liability company is related to its organs. Single-member limited liability company consists of director who also serve as shareholder. The expansion concept raises questions regarding the application of fiduciary duty to single-member limited liability company. This research uses conceptual and statute approach. The conclusion from this research is that in single-member limited liability company, there is only director who also become shareholder, thus there is no supervisory function by the board of commissioner. Secondly, the director in single-member limited liability company still has the obligation to carry out the responsibilities with the principle of fiduciary duty.

Legal Policy Impact on Indonesia's Geothermal Industry Development: FDI Cooperation and NDC

Geothermal significantly contributes to the state's energy industry development as a widely available low-carbon, sustainable, and strategic resource. As Indonesia is committed to achieving NZE 2060, renewable energy development is being conducted massively. Seeking Indonesia's geothermal energy potential, several regulations, policies, and schemes are implemented, including investment schemes, as financing plays a vital role in the industry's development. However, establishing a seamless procurement is highly dependent on national law regulations which govern the financing, procurement, and utilizations up to investors benefits. This article identifies international and national regulations on FDI, business schemes, and its alignment with INDC strategic programs, demonstrating Indonesia's commitment. It finds much room for improvement in national law regulation, especially the upcoming RE Draft Bill, as the implementation of established FDI schemes has not met the investor's favors. However, among AMS, Indonesia is the most committed country to achieving NZE. Therefore this article examines the Legal Policy Impact on Indonesia’s Geothermal Industry Development through FDI Cooperation and NDC. This article is conducted in Normative Legal Research and uses the Statutory Approach as its problem approach.

Integration of Islamic Law Regulation and Positive Law in Addressing Business Ethics Challenges in The Era of Industrial Revolution 4.0 and Society 5.0

The era of the Industrial Revolution 4.0 and Society 5.0 has brought significant changes in various aspects of life, including in the business world. The rapid development of technology and the integration of cyber-physical systems have changed the way businesses are conducted, giving rise to new and complex business ethics challenges. The normative juridical research method is employed in this study, which focuses on positive legal regulations related to legislation. Two approaches, the Statute Approach and the Conceptual Approach, are utilized. Primary and secondary legal sources are employed to understand and apply the law. Integrating Islamic Law and Positive Law regulations refers to the effort to combine their principles harmoniously. This integration involves identifying similarities and differences, considering contemporary aspects such as technology and globalization. Ethical challenges in business during the Fourth Industrial Revolution and Society 5.0 era include ensuring justice, sustainability, and humanity in business practices. Islamic and Positive Law regulations, such as usury and consumer protection prohibition, help guide ethical business behavior. Integrating Islamic and Positive Law regulations can address business ethics challenges. Collaboration among the government, society, and Islamic organizations is necessary to strengthen regulatory implementation. Education on Islamic values-based business ethics also needs to be reinforced to cultivate responsible business leaders for the future.

Reconstruction of Investigation Regulations in Absentia Criminal Corruption Cases in Indonesia Based on Justice Values

Regulations for eradicating Corruption Crimes in Indonesia have regulated the examination of cases without the presence of the defendant in Court, however examinations at the investigation stage are not regulated, thus having an impact on the effectiveness of eradicating criminal acts of corruption. The aim of this research is to analyze the regulations for investigating cases of corruption crimes that have not been fair and to explore the weaknesses in the rules for investigating in absentia cases of criminal acts of corruption in Indonesia which are based on the value of justice. The paradigm used in this research is the Constructivism Paradigm, a type of normative juridical research and the research approach used is a statutory approach, a case approach, using primary and secondary data. The research results were analyzed using qualitative descriptive methods. The results of research into in absentia investigations into cases of criminal acts of corruption can give rise to differences in interpretation among law enforcement officials ranging from Investigators, Public Prosecutors to Judges, each of whom has inherent authority in examining cases of criminal acts of corruption, especially in examining cases involving prospective witnesses. suspects, suspects and defendants are not present even though they have been legally summoned without giving a proper and reasonable reason, the legal vacuum regulating in absentia investigations of corruption cases can be used by perpetrators of corruption crimes to evade the law enforcement process by running away and can be used as an excuse not to continue the investigation and transfer the case from the investigator to the public prosecutor and can be used as a reason to refuse prosecution by the Public Prosecutor. To realize the eradication of criminal acts of corruption based on the value of justice, it is necessary to reconstruct the regulations for investigations in absentia in the Law on the Eradication of Corruption Crimes by regulating 1) the exclusion of examining witnesses before being named as suspects with conditions; 2) waiver of examination of the suspect with conditions; 3) procedures/mechanisms for examining cases without the presence of the suspect; 4) waiver of handover of responsibility for the case from the investigator to the public prosecutor without the presence of the suspect with conditions; and 5) restrictions on case examinations that can be carried out without the presence of the suspect.