Legal implications of the criminal policy of returning state financial losses by corporations in corruption criminal acts to restore state financial losses

The criminal policy of returning state financial losses to corporations as perpetrators of corruption in state financial losses is regulated as additional criminal sanctions in the form of confiscation of goods and payment of replacement money in Article 18 paragraph (1) letter a and letter b of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The purpose of this study is to find out how the legal implications of the criminal policy of returning state financial losses by corporations as perpetrators of criminal acts of corruption are. This research includes normative legal research with several approaches, namely; Historical approach, statutory approach, case approach, and conceptual approach. The results of this study show that the existing criminal policy for recovering state financial losses still has various legal implications which result in non-optimal efforts to recover state financial losses due to corruption in state financial losses committed by corporations.

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STATUS HUKUM KONTRAKTOR PRIVATE MILITARY AND PRIVATE SECURITY COMPANIES DALAM HUKUM HUMANITER INTERNASIONAL

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v5i1.8726 ◽

2016 ◽

Vol 5 (1) ◽

Author(s):

Sefriani

Keyword(s):

Cold War ◽

Legal Status ◽

Descriptive Analysis ◽

Private Security ◽

Comparative Approach ◽

Legal Research ◽

Conceptual Approach ◽

Post Cold War ◽

Historical Approach ◽

Private Security Companies

AbstractPost- cold war the number ofmilitary privatization has been raising with many role in .This raises legal problemrelated to the legal status of PMSCs contractors. The method used is a normative legal research with statute approach, the historical approach, conceptual approach, as well as the comparative approach. Results of the study are presented in the form of descriptive analysis. The study concluded that generally the contractors are civilian unless and during they aredirectlyparticipatein thehostilities.Key world: PMSCs contractor; legal status; direct participationAbstrakPasca perang dingin terjadi peningkatan privatisasi militer dengan banyaknya penggunaan kontraktor Private Military and Securites Companies PMSCs untuk berbagai peran di wilayah-wilayah konflik. Hal ini menimbulkan masalah hukum terkait status hukum kontraktor tersebut mengingat belum jelasnya aturan yang ada.Metode penelitianyang digunakan adalah penelitian hukum normatif dengan statute approach, historical, conceptual dan comparative approach yang disajikan secara deskriptif analitis. Kesimpulan yang diperoleh adalah bahwa secara umum dikatakan kontraktor PMSc adalah civilian yang berhak atas perlindungan dari penyerangan langsung kecuali dan selama mereka ambil bagian langsung dalam permusuhan..Kata kunci: kontraktor PMSCs, status hukum, partisipasi langsung

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STATUS HUKUM KONTRAKTOR PRIVATE MILITARY AND PRIVATE SECURITY COMPANIES DALAM HUKUM HUMANITER INTERNASIONAL

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v0i94.2794 ◽

2016 ◽

Author(s):

Sefriani ,

Keyword(s):

Cold War ◽

Legal Status ◽

Descriptive Analysis ◽

Private Security ◽

Comparative Approach ◽

Legal Research ◽

Conceptual Approach ◽

Post Cold War ◽

Historical Approach ◽

Private Security Companies

Abstract Post- cold war the number ofmilitary privatization has been raising with many role in .This raises legal problemrelated to the legal status of PMSCs contractors. The method used is a normative legal research with statute approach, the historical approach, conceptual approach, as well as the comparative approach. Results of the study are presented in the form of descriptive analysis. The study concluded that generally the contractors are civilian unless and during they aredirectlyparticipatein thehostilities. Key world: PMSCs contractor; legal status; direct participationAbstrak Pasca perang dingin terjadi peningkatan privatisasi militer dengan banyaknya penggunaan kontraktor Private Military and Securites Companies PMSCs untuk berbagai peran di wilayah-wilayah konflik. Hal ini menimbulkan masalah hukum terkait status hukum kontraktor tersebut mengingat belum jelasnya aturan yang ada.Metode penelitianyang digunakan adalah penelitian hukum normatif dengan statute approach, historical, conceptual dan comparative approach yang disajikan secara deskriptif analitis. Kesimpulan yang diperoleh adalah bahwa secara umum dikatakan kontraktor PMSc adalah civilian yang berhak atas perlindungan dari penyerangan langsung kecuali dan selama mereka ambil bagian langsung dalam permusuhan.. Kata kunci: kontraktor PMSCs, status hukum, partisipasi langsung

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PERLINDUNGAN HUKUM TERHADAP PIHAK PEMBELI MENGENAI PEMBUATAN SALINAN AKTA PENGIKATAN JUAL BELI YANG DIBUAT TANPA MINUTA AKTA

Jurnal Hukum Magnum Opus ◽

10.30996/jhmo.v3i2.3377 ◽

2020 ◽

Vol 3 (2) ◽

Author(s):

Riska Amalia Indahsari ◽

Khansa Muafa ◽

Ita Fattumah

Keyword(s):

The State ◽

Research Approach ◽

Legal Services ◽

Public Officials ◽

Legal Research ◽

Conceptual Approach ◽

Criminal Sanctions ◽

Legal Consequence ◽

Legal Consequences

AbstractNotaries are public officials appointed by the State to carry out the duties of the State in legal services such as making authentic deeds. In carrying out its duties and responsibilities making authentic notarial deeds sometimes make mistakes that affect civil, administrative and criminal sanctions. If seen in Article 16 paragraph (1) letter b of the UUJN that minuta deed must be made and kept as part of the Notary protocol. The purpose of this research is to analyze the importance of a notary to make a certificate of minutes in making a copy of the deed. What is the juridical effect on the deed of minutes not owned by a Notary in making a copy of the deed, then what is the legal consequence for the Notary who did not make the deed of minutes in making a copy of the deed. This legal research is a normative legal research approach that is carried out is the statutory approach and conceptual approach. The legal consequences for the minutes of the deed not possessed by the Notary in making a copy of the deed will cause the deed to be null and void by law because it violates the formal aspects in making the deed and the Notary does not carry out any of the obligations contained in Article 16 paragraph (1) letter b of the UUJN. The legal consequences for the Notary will be given a sanction as a responsibility, namely civil, administrative and criminal sanctions.Keywords: notary obligation, minuta deed, copy deedAbstrakNotaris merupakan pejabat umum yang diangkat oleh Negara untuk melakukan tugas-tugas Negara dalam pelayanan hukum seperti membuat akta otentik. Dalam menjalankan tugas dan tanggung jawabnya membuat akta otentik notaris terkadang melakukan kesalahan yang berdampak kepada sanksi perdata, aministratif dan pidana. Jika dilihat dalam Pasal 16 ayat (1) huruf b UUJN bahwa minuta akta wajib dibuat dan disimpan sebagai bagian dari protokol Notaris. Tujuan dari penilitian ini adalah untuk menganalisis pentingnya notaris untuk membuat minuta akta dalam pembuatan salinan aktanya. Bagaimana akibat yuridis terhadap minuta akta yang tidak dimiliki Notaris dalam pembuatan salinan aktanya, kemudian apa akibat hukum untuk Notaris yang tidak membuat minuta akta dalam pembuatan salinan aktanya. Penelitian hukum ini merupakan penelitian hukum normatif pendekatan yang dilakukan adalah pendekatan perundang-undangan dan pendekatan konseptual. Akibat hukum untuk minuta akta yang tidak dimiliki Notaris dalam pembuatan salinan aktanya akan menyebabkan akta tersebut batal demi hukum sebab melanggar aspek formil dalam pembuatan akta dan Notaris tidak melaksanakan salah satu kewajibannya yang ada di dalam Pasal 16 ayat (1) huruf b UUJN. Akibat hukum bagi Notaris nantinya akan diberikan sanksi sebagai pertanggungjawabannya yaitu sanksi perdata, administratif dan pidana.Kata kunci: kewajiban notaris, minuta akta, salinan akta

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Pertimbangan Hakim dalam Menjatuhkan Pidana terhadap Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan oleh Anak

Jurnal Preferensi Hukum ◽

10.22225/jph.1.1.2009.207-213 ◽

2020 ◽

Vol 1 (1) ◽

pp. 207-213

Author(s):

Ida Bagus Agung Pariama Manuaba ◽

I Nyoman Sujana ◽

Ni Made Sukaryati Karma

Keyword(s):

Research Method ◽

Criminal Code ◽

Legal Research ◽

Conceptual Approach ◽

Criminal Sanctions

Judge's considerations are matters which are the basis or are considered by the judge in deciding a crime case. Crime Theft is an act that is classified as a general crime in which a crime against the property of another person. Theft with weighting is a criminal act of theft which in its implementation is accompanied by certain elements so that it is more severe and threatened with higher penalties. Child is a person who is not yet eighteen (18) years old, including those who are still in the womb. In settling a child case, the judge must consider the report in the trial regarding the child concerned. This study aims to determine the criminal considerations and sanctions imposed by the judge on criminal theft with weighting carried out by children. This study uses a normative legal research method with a statutory approach, conceptual approach and case approach. The legal materials studied are primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate the judge's judgment in imposing a crime against a child who commits a crime of theft by weighting it based on the elements of the crime committed as well as things that alleviate and incriminate the crime against the child. Criminal sanctions imposed by a judge against a child who commits an act of theft by weighting based on the Court's Decision and the provisions of Article 363 paragraph (1) of the 4th KtoP Jungto Article 65 paragraph (1) of the Criminal Code and other laws relating to the case state that the child is proven legally and convincingly guilty as well as convicting a child of seven months in prison.

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Ratio legis of special minimum limit regulation in narcotics law

International Journal of Research in Business and Social Science (2147-4478) ◽

10.20525/ijrbs.v10i7.1453 ◽

2021 ◽

Vol 10 (7) ◽

pp. 423-431

Author(s):

Indra Kusuma Haryanto ◽

Sudarsono Sudarsono ◽

Bambang Sugiri ◽

Abdul Rachmad Budiono

Keyword(s):

Criminal Policy ◽

Conceptual Approach ◽

Philosophical Approach ◽

Form Of Life ◽

Criminal Sanctions ◽

The Supreme Court ◽

The Government ◽

Materials Used ◽

Policy Systems ◽

Maximum Minimum

Narcotics crime in society (especially in Indonesia) shows an increasing trend both quantitatively and qualitatively with widespread victims, especially among children, adolescents, and the younger generation in general. Based on this, the government must increase efforts to prevent and eradicate narcotics crimes by any means, whether reforming the Narcotics Law, imposing strict sanctions and so on. The purpose of this research is to find out how the legal ratio of the Special Minimum Limit Regulation in the Law on Narcotics. This research is normative legal research with a conceptual approach and a philosophical approach. The legal materials used are primary and secondary with the technique of analyzing legal materials using the interpretation method. The results of the study indicate that the Ratio legis regulation specific minimum criminal provisions in the three laws studied, namely: the Narcotics Law and the Supreme Court Circular Number 03 of 2015, is intended to prevent disparities in the sentencing of crimes by judges. The regulation of types of criminal sanctions in legislation is one of the functions of the State to protect legal interests, in the form of life, property and dignity. The regulation of criminal sanctions is one of the criminal policy systems that can be seen from several aspects, namely the criminal system, namely: types of sanctions, alternative and cumulative forms of sanctions and their duration, namely the maximum-minimum of the punishment threatened.

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Legal Protection of Resigning Workers' Right Over Separation Pay Compensation in Justice Perspective

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v7i8.1998 ◽

2020 ◽

Vol 7 (8) ◽

pp. 713

Author(s):

Atmari Atmari ◽

Budiarsih Budiarsih ◽

Slamet Suhartono

Keyword(s):

Research Method ◽

Labor Law ◽

Legal Protection ◽

Legal Research ◽

Conceptual Approach ◽

Philosophical Approach ◽

Historical Approach

Labor law in Indonesia has not comprehensively provided protection for the rights of resigning workers qualification. Since provisions of labor law does not mention the amount of separation pay for resigning workers. This research is conducted to analyze and find the ratio legis in providing separation pay for resigning workers in the Manpower Act and also the concept of giving separation pay to resigning workers in justice perspective. The research method used in this study is normative legal research by using several approach including philosophical approach, purposive approach, conceptual approach, case approach and historical approach. The result of the study shows that the regulation of separation pay in the Manpower Act is a form of reward for workers given by employers as a reward for devotion and loyalty of workers during a certain period of service. The Regulation of separation pay for resigning workers which reflecting justice is by formulating separation pay for resigning workers equal to the rights of terminated workers because of committing criminal act.

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Fatwa Majelis Ulama Indonesia sebagai Solusi Permasalahan Umat Islam di Indonesia

Al-Manahij Jurnal Kajian Hukum Islam ◽

10.24090/mnh.v14i2.3927 ◽

2020 ◽

Vol 14 (2) ◽

pp. 307-316

Author(s):

Ibnu Elmi Achmat Slamat Pelu ◽

Jefry Tarantang

Keyword(s):

Legal System ◽

Islamic Law ◽

Legal Authority ◽

Legal Research ◽

Conceptual Approach ◽

Historical Approach ◽

High Position ◽

Legal Norms ◽

Legal Development ◽

Binding Position

The Indonesian Ulema Council (MUI) has an important role in answering the increasingly complex problems of Muslims through fatwas. However, in the Indonesian legal system, fatwas are not considered a source of material law that has legal validity as a solution to the problems of Muslims in Indonesia. Therefore, this study aims to describe the position of fatwas in the legal system in Indonesia and the existence of the fatwas of the Indonesian Ulema Council in addressing the problems of the ummah. This research is a normative legal research using three types of approaches consisting of a statutory approach, a historical approach, and a conceptual approach. The results of this study concluded that: firstly, the position of fatwas in the construction of Islamic law has a high position. Fatwas are seen as a solution that can break the ice in legal development that is not accommodated by the texts of the Quran. So, substantively and sociologically, fatwas have a strong and binding position in Islamic law. Secondly, the existence of the fatwa of the Indonesian Ulema Council in responding to the problems of the Ummah can be seen in two aspects. The first aspect, fatwas in the perspective of Islamic legal authority are binding sociologically in substance. This is because fatwas are explanations and interpreters of the texts of the Quran regarding Islamic law. The second aspect, fatwas from the perspective of the hierarchy of laws and regulations, legally and formally, do not have any position in the ranking of legal norms. However, it is constitutionally guaranteed through Article 29 of the 1945 Constitution that guarantees the realization of the fulfillment of all Islamic law for Muslims in Indonesia.

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The implication of reversal burden proof on corruption criminal act

Research Society and Development ◽

10.33448/rsd-v9i4.2844 ◽

2020 ◽

Vol 9 (4) ◽

pp. e60942844

Author(s):

Djoko Sumaryanto

Keyword(s):

Criminal Behavior ◽

Burden Of Proof ◽

Proof System ◽

Legal Research ◽

Criminal Sanctions ◽

Financial Losses

The polemic of the ratification of KPK (Corruption Eradication Commission) Constitution indicated the good intentions of government as well as people in society through their respective perceptions which in conclusion whether the KPK is getting stronger or become weaker. The aim of this analysis is to examine on the implication of reversal burden proof system on corruption criminal act in Indonesian Law. Reversal of the burden proof as determined in the PTPK Law and the 2003 KAK Law leaves problems in its implementation, through normative legal research with the study of laws and comparisons, something new is obtained which is a guideline for judges in giving verdicts regarding the results of verification of assets and actions. Implications of proven or unproven acts and assets of the defendant through reversing the burden of proof of criminal criminal behavior which is greatly affects the received sanction by the defendant which include imprisonment penalties, criminal sanctions for fines and additional criminal sanctions in the form of returning state financial losses.

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Pertanggungjawaban Pidana terhadap Penganiayaan yang Dilakukan Anak kepada Orang Tua Ditinjau dalam Perspektif HAM

Jurnal Preferensi Hukum ◽

10.22225/jph.2.1.2814.172-176 ◽

2021 ◽

Vol 2 (1) ◽

pp. 172-176

Author(s):

I Wayan Ogi Wiryawan ◽

I Made Minggu Widyantara ◽

Luh Putu Suryani

Keyword(s):

Secondary Data ◽

Deterrent Effect ◽

Primary Data ◽

Legal Research ◽

Conceptual Approach ◽

Internal Factors ◽

Legal Rules ◽

Criminal Sanctions ◽

Two Factors ◽

A Minor

At present, abuse of parents by children, often occurs in the community which is commonly referred to as child abuse against parents. Children become cruel due to two factors, namely internal factors and external factors so that they are desperate to commit inhumane behavior towards their own parents. This case is also a violation of human rights that must be enforced. However, a child cannot be convicted of being underage. This study aims to analyze the criminal arrangements for minors who commit crimes against parents and explain the criminal sanctions given to a child who commits a criminal act of molestation. The research method used is normative legal research using a statutory approach as well as a conceptual approach. The data used are primary data, namely legal rules that are sorted systematically consisting of legislation, while secondary data consists of books, texts, principles and writings on laws related to persecution. There is also a form of writing in this research. The results of this study indicate that children can still be subject to criminal sanctions but can also be subject to sanctions in the form of fostering sanctions by related agencies. The child in this case who commits the crime of abuse is a minor, the punishment is different from ordinary punishment where child punishment is aimed at fostering the child and not focusing on the deterrent effect of the criminal.

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Paradigma Keadilan Restoratif Dalam Putusan Hakim

Kertha Patrika ◽

10.24843/kp.2020.v42.i02.p06 ◽

2020 ◽

Vol 42 (2) ◽

pp. 180

Author(s):

Diah Ratna Sari Hariyanto ◽

Dewa Gede Pradnya Yustiawan

Keyword(s):

Restorative Justice ◽

Criminal Procedure ◽

Comparative Approach ◽

Legal Research ◽

Conceptual Approach ◽

Legal Cases ◽

Legal Decisions ◽

Historical Approach ◽

The Public ◽

Procedure Code

Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency. Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency.

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