Purpose The purpose of this paper is to evaluate the effect of the new fraud diamond model in explaining financial statement fraud. Design/methodology/approach The variables used to examine the factors consist of motivation, opportunity, personal integrity and capability. This research used manufactured companies listed in the Indonesia Stock Exchange of the 2015–2019 period as the population. Findings There has been a positive influence between personal financial need (OSHIP), nature of the industry (RECEIVABLE) and history of sale (SG) toward financial statement fraud, while the negative effect is found only in the effective monitoring (IND). Research limitations/implications The new fraud diamond model theory which is used as a reference in this study is a new and under-developed theory. So the author suggests that further research on this theory be carried out to strengthen the new fraud diamond model theory and ensure whether it can be used as a reference to find out the causes of financial statement fraud. In addition, the object used in this study is limited to manufacturing companies, so the author suggests that further research combine several types of companies. Originality/value The research finding supports the new fraud diamond model theory in elaborating the financial statement fraud phenomenon.

The study proposes the compensation and restitution regulations which should be oriented to protect the victim of crime. Although most regulations have been adopted the right of the victims to receive the compensation and restitution, but this study finds that there are some weaknesses in such regulations. Hence, compensation regulation should be specifically focused on the fulfillment of the right of the victims of crime. It shall not depend on court decisions, but such compensation should be provided even though the victims ceased before the court proceeding has started, or even if he or she wrongly arrested by police. This compensation is only to cover material losses and traumatic stress recovery cost. It could be paid directly monthly/yearly and could be converted to other form of compensation. Restitution refers to the paradigm of restorative justice. In Indonesia, restitution should be based on final and binding court decision. If the perpetrator does not want to provide it for the victim, he/she has moral obligation to provide it for the victim oven without inkracht court decision, and this could be used by the judges to pardon the perpetrator. Restitution shall be enforced for all criminal offences which resulting direct and indirect losses for the victims. Restitution is not merely about monetary values but moral obligation of the perpetrator to recover the victim’s condition.

This research focused on the idea of proportionality in criminal law and its implementation in the policy of criminal sanctions formulation in legislation. As a normative legal research, this study used a philosophical, conceptual, and statute approach. This study revealed that crime and punishment are an important element of proportionality of criminal law. The higher the crime, the more severe the punishment received by the perpetrators of the crime. In a sanction that integrates both elements, the severity of criminal penalties is based on the proportionality between the seriousness of the crime and the perpetrator's fault with the severity of the potential liability for criminal penalty. The idea of proportionality requires three things: parity, the rank of the seriousness of the crime, and the criminal gap among very serious, heavy, and mild crimes. The policy of criminal sanctions formulation in economic laws has not reflected the idea of proportionality of criminal law. The potential liability for formal crime is more severe than that of material crime. Among similar crimes of bribery, money laundering, and obstruction of justice, the potential liabilities for the penalty are also not proportional. The potential liability for the violations of permits in Banking Law is even more severe than that of corruption. Since the proportionality of criminal law is based on the creation of justice, legislators should rank the seriousness of crimes by using the values in a society as a scale.

This research focuses on the accomodation of cultural values of Maduranes society in solving carok problem in criminal law. Using the socio-legal research, interview, observation as the primery data, and data analysis are based on the inductive and qualitative manner, this research reveals that changing the criminal law conception as the public law into public law with the private dimension particularly in murder cases caused by self esteem defence is a must to give a chance for cultural values of Maduranes society in solving carok problem. So that, penal mediation based on the cultural values of Maduranes society as a methode to solve carok can be accomodated in criminal law by adopting some principles of traditional village or tribal moots model, victim-offender mediation model, and community panels or courts model.

Indonesia development is followed by continuous technological progress with economic development. Therefore, financial services institutions, i.e banking sector, need to follow the development. As one of financial institutions in Indonesia, bank is as an intermediary institution for parties with excess liquidity. It protects its consumers or customers to avoid the crime in line with the advancement of internet technology (cybercrime). This study aims to determine legal protection of victim customers against ATM card duplication crime. Law No.10 year 1998 on customer protection is a guarantee of legal certainty given by bank to customer as basically this law protects customer. Bank as business perpetrator is obliged to serve its customer properly and honestly and provide the correct, clear and honest information about the condition and guarantee of the services provided. The liability of the bank in the event that customer suffers a loss is performed by handling and resolving various complaints to avoid the protracted problems that occur. Customer complaints handling is made at predefined and generally applicable time standards.