scholarly journals Law on Asset Recovery for Corruption in Indonesia: An Urgent Need

Rechtsidee ◽  
2021 ◽  
Vol 9 ◽  
Author(s):  
Sekar Langit Jatu Pamungkas ◽  
Kuswardani
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Research Method ◽  
Legal Basis ◽  
Descriptive Research ◽  
Track Record ◽  
Asset Recovery ◽  
Qualitative Descriptive ◽  
The Law ◽  
Research Type

Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption. 

scholarly journals Shifting Security Paradigm in Contemporary Era: Role of Law Enforcement Agencies

2019 ◽  
Vol 2 (1) ◽  
pp. 80-88
Author(s):  
Sudip Pandit
Keyword(s):  
Law Enforcement ◽  
Armed Conflict ◽  
Research Method ◽  
Security Threats ◽  
Law Enforcement Agencies ◽  
Secondary Sources ◽  
Descriptive Research ◽  
Security Challenges ◽  
The Law

In setting of today’s security challenges, striving for sound policing of military character through paramilitary, auxiliary and armed police forces has usurped. The law enforcement agencies are engaged to curb the security threats at realm of dynamic security challenges. The changing perspectives of security scenario along with modern security challenges like terrorism, out and in migration, armed activities and actions of non-state actors are very common to states. The security challenges due to the increase in terrorism, extremism, armed conflict, insurgency, civil war, cyber threats, and non-state actor’s activities, are some of the looming security concerns affecting effectiveness and efficacy of the law enforcement agencies. This research is conducted by applying descriptive research method and secondary sources to identify the perspectives of modern-day security situation and role of law enforcement agencies to combat these challenges. This paper highlights the contemporary security challenges contextualized at the global realm to offer possible future strategies in general for the security agencies within and outside the country.

Melihat Tempat Perempuan dalam kitab Kuning

2019 ◽  
Author(s):  
Laila Fariha Zein ◽  
Adib Rifqi Setiawan
Keyword(s):  
Literature Review ◽  
Research Method ◽  
Descriptive Research ◽  
Men 2 ◽  
Qualitative Descriptive ◽  
Research Type

This research was motivated by concerns about negative views and impressions of the kitab kuning when talk about women. The research method used is qualitative descriptive research type of literature review. The results earned shows that there are four types of female placements in the kitab kuning, namely: (1) merging in men; (2) half the price of men; (3) parallel with men, and; (4) higher than men.

scholarly journals Jenda Munthe's Personal Branding Power on Instagram Content #Tanyajawabjenda for Content Creator Career Development

2021 ◽  
Vol 8 (9) ◽  
pp. 280
Author(s):  
Joan Natasya Lambe ◽  
Ariani Widayanti ◽  
Suprihati Suprihati
Keyword(s):  
Social Media ◽  
Case Study Research ◽  
Media Content ◽  
Descriptive Research ◽  
Career Opportunities ◽  
Qualitative Descriptive ◽  
The Law ◽  
Personal Branding ◽  
Research Type

This study describes how the concept of personal branding content creator Jenda Munthe is constructed through the #tanyajawabJenda content on his Instagram account. The results of this study will provide an understanding of the construction of personal branding in Instagram social media content, through case studies conducted on efforts to establish personal branding content creator Jenda Munthe. From the results of the analysis conducted using eight personal branding concepts from Montoya & Vendehey (2002) in this study, proves that Jenda Munthe has succeeded in building his personal branding well, fulfilling the eight concepts. Of the eight concepts, Jenda Munthe's personal branding is most strongly supported by the concept of The law of specialization, The law of unity, The law of persistence and The law of goodwill. These four concepts make Jenda Munthe's personal branding through the content of #tanyajawabJenda, known as an angry content creator with a regional Batak accent, easily accepted by Instagram social media users. Jenda Munthe's personal branding through his Instagram content has finally opened up new career opportunities for Jenda Munthe as a content creator who previously worked as a Criminology Journalist. The phenomenon that occurred in Jenda Munthe provides a reality finding  that to become a content creator, a personal branding concept is needed through content on a media, such as Instagram social media. This research uses qualitative research methods, with the type of case study research and qualitative descriptive research type.

scholarly journals Law Enforcement in Indonesia: Exploration of the Concept of Justice in Islamic Dimension with Pancasila Ideology

2018 ◽  
Vol 2 (2) ◽  
pp. 246
Author(s):  
Ucuk Agiyanto
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Human Life ◽  
Legal Aspects ◽  
Value Orientation ◽  
Legal Philosophy ◽  
Legal Systems ◽  
Dynamic Interactions ◽  
Descriptive Research ◽  
The Law

Law enforcement in Indonesia is still not going well and is so alarming. The problem of law enforcement (law enforcement) always tends to be the imbalance of dynamic interactions between legal aspects in expectations or das swollen, with elements of the application of the law in reality das sein. The weakness of law enforcement in Indonesia today can be reflected in various resolutions of significant cases that have not been completed, one of which is the practice of corrupt corruption, but ironically the main actors are very few who are legally enforced. This fact is precisely the best compared to some cases involving small people. Judging from the study of philosophy, the reflection of legal philosophy is done to be able to know the irregularities that exist in the application of the law in looking at the value orientation of justice that concerns the view of human life. Because the code must always be returned to its original purpose to create justice, this study discusses Sidharta's conception of building and legal systems in examining the problem of law enforcement in Indonesia. The research method used in this paper is descriptive research, which aims to investigate law enforcement in Indonesia in terms of the study of the philosophy of law and law enforcement seen from the concept of Sidharta in creating justice law. Penegakan hukum di Indonesia masih belum berjalan dengan baik dan begitu memprihatinkan. Permasalahan penegakan hukum (law enforcement) selalu bertendensi pada ketimpangan interaksi dinamis antara aspek hukum dalam harapan atau das sollen, dengan aspek penerapan hukum dalam kenyataan das sein. Lemahnya penegakan hukum di Indonesia saat ini dapat tercermin dari berbagai penyelesaian kasus besar yang belum tuntas, salah satunya adalah praktek korupsi yang menggurita, namun ironisnya para pelaku utamanya sangat sedikit yang terambah hukum. Kenyataan tersebut justru berbanding terbaik dengan beberapa kasus yang melibatkan rakyat kecil. Dilihat dari kajian filsafat, refleksi filsafat hukum dilakukan untuk dapat mengetahui kejanggalan-kejanggalan yang ada dalam penerapan hukum dalam menilik orientasi nilai keadilan yang menyangkut pandangan hidup manusia. Sebab hukum harus selalu dikembalikan kepada tujuan awalnya untuk menciptakan keadilan. Penelitian ini membahas konsepsi Sidharta tentang bangunan dan sistem hukum dalam mengkaji masalah penegakan hukum di Indonesia. Metode penelitian yang digunakan dalam penulisan ini adalah penelitian deskriptif, yang bertujuan untuk mengkaji penegakan hukum di Indonesia ditinjau dari kajian filsafat hukum dan penegakan hukum dilihat dari konsep Sidharta dalam menciptakan hukum yang berkeadilan.

scholarly journals Implementasi Rancangan Pembelajaran Berbasis Sharing dan Jumping Task pada Konsep Hukum Kekekalan Massa

2021 ◽  
Vol 5 (2) ◽  
pp. 163-177
Author(s):  
Etrie Jayanti
Keyword(s):  
Research Method ◽  
Research Subjects ◽  
Lesson Design ◽  
Conservation Of Mass ◽  
Descriptive Research ◽  
Qualitative Descriptive ◽  
Fundamental Law ◽  
The Law ◽  
Reaction Equations ◽  
Chemical Materials

The law of conservation of mass is a fundamental law and is related to other chemical materials such as chemical reaction equations so that student's learning obstacles of the law of conservation of mass must be overcome. One of the ways to overcome student's learning obstacles of the law of conservation of mass concept is the implementation of sharing and jumping task based lesson design, which is the aim of this research. The research method used is a qualitative descriptive research method. The research subjects were students of X.1 and X.2 SMA in Bandung and chemistry teacher who collaborate with researcher as team teaching. The data on the implementation of sharing and jumping task based lesson design of the law of conservation of mass was obtained from observations, tests, and interviews. Implementation of sharing and jumping task based lesson design of the law of conservation of mass concept was carried out twice. The result of the first implementation is that the previously identified learning obstacles still appear but in a smaller percentage. After the first implementation of the lesson design, it was revised and implemented in other class. The results of the second implementation can overcome student's learning obstacle who think that the mass of solids is heavier than the mass of liquids, but a small number of students still do not take into account the mass of gases in chemical reactions and do not fully understand the meaning of the law of conservation of mass.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

scholarly journals Law Enforcement Response To Human Trafficking According To Law No. 21/2007: Case Study in Benjina, Aru Archipelago Regency

2018 ◽  
Vol 5 (2-1) ◽  
Author(s):  
Ahmad Ali Fikri Pandela ◽  
Anhar Ansyory ◽  
Ulfatmi Ulfatmi
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Organized Crime ◽  
Legal Basis ◽  
Peace Officer ◽  
Comprehensive Study

Generally, there are some distinction on the response to human trafficking that has been particularly ruled in Law No.20/2007 21 about Abolition of Criminal Act Human Trafficking. That law contains legal basis to anticipate and round up activities, ways, or any other exploitations occured on human trafficking. In the process of implementation of criminal act case handling to human trafficking, the peace officer sometimes get difficulties to proof the perpetrator because sometimes it’s an organized crime, moreover it is a trans-national crime. The purpose of this study is to know and to analyze some aspects in law enforcement on human trafficking cases in Indonesia according to Law No. 21/2007 about Abolition of Criminal Act Human Trafficking (case study on human trafficking case in Benjina, Aru Archipelago Regency, and Maluku). So that this study can be a common comprehensive study to handle the human trafficking cases in Indonesia.

scholarly journals Government Institution Collaboration In Efforts To Handling Criminal Acts Of Human Trafficking In Indonesia Case Study: Literature Study For The Area Of East Nusa Tenggara Province

2019 ◽  
Vol 1 (2) ◽  
pp. 127-138
Author(s):  
Tunggal Bayu Laksono ◽  
Maidah Purwanti
Keyword(s):  
Human Trafficking ◽  
Organized Crime ◽  
Research Method ◽  
Provincial Government ◽  
Trafficking In Persons ◽  
Literature Study ◽  
State Institutions ◽  
Descriptive Research ◽  
Government Institution

Trafficking in persons is a criminal act of organized crime that occurs internationally. Indonesia, as one of the countries with the fourth largest population, has experienced this crime. One of the provinces that is the center of this biggest crime is East Nusa Tenggara. In this case, the Indonesian government through existing state institutions coordinates to eliminate the crime of trafficking in persons. Immigration as one of the agencies that deals with immigration traffic problems plays a major role in efforts to deal with the Crime of Trafficking in Persons. Coordination between one party and another is carried out by the provincial government of East Nusa Tenggara. However, improving coordination is a key point of success in handling the Crime of Trafficking in Persons. This research was conducted by conducting a literature case study which aims to find out more about the crime in question. This writing is done with a descriptive research method by describing the research results in a case study literature from various literatures used by the author.

scholarly journals PENGEMBALIAN ASET TINDAK PIDANA KORUPSI PELAKU DAN AHLI WARISNYA MENURUT SISTEM HUKUM INDONESIA DALAM MEWUJUDKAN NEGARA HUKUM KESEJAHTERAAN

LITIGASI ◽  
2016 ◽  
Vol 16 (2) ◽  
Author(s):  
Haswandi Haswandi
Keyword(s):  
Law Enforcement ◽  
Welfare State ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Civil Lawsuit ◽  
The Family ◽  
Asset Recovery ◽  
The Law ◽  
Close Relatives ◽  
Cover Up

Criminal laws regulating asset recovery of corruption today experience a paradigm oversight since it only relies on the money substitute in corruption under Article 18 of Law No. 31, 1999 concerning The Eradication of The Crime of Corruption as amended with the Law No. 20, 2001 in which asset recovery is addressed only to the convict. In fact, modus to cover up the proceed of corruption usually involves the family, close relatives or confidants including the heirs. The obstacle in recovering the asset is that civil lawsuit is not yet effective as the means to recover the asset, the organization of law enforcement, the ratification of 2003 UNCAC that is also not yet effectively implemented in Indonesian law, and the laws against corruption that are weak. Future concept of law in asset recovery of proceed of corruption by the culprit and the heirs in order to materialize a legal welfare state should at least done through progressive laws i.e. reformation of law, optimization of Mutual Legal Assistance, the widening of authority implemented by the Eradication Commission of Corruption in recovering the asset as the proceed of corruption, the strong inter-agency coordination of law enforcements, and the urgency to promulgate the Recovery Asset Act.Keyword: Recovery; Proceed of Corruption; HeirsABSTRAKPerangkat hukum pidana dalam mengembalikan aset hasil tindak pidana korupsi pada saat ini mengalami kekeliruan paradigma karena hanya mengandalkan uang pengganti kejahatan korupsi yang terkandung dalam Pasal 18 Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi sebagaimana telah diubah dengan Undang-Undang Nomor 20 Tahun 2001, di mana Pengembalian harta atau kekayaan hanya ditujukan kepada terpidana. Padahal modus menyembunyikan harta kekayaan hasil korupsi biasanya dengan menggunakan sanak keluarga, kerabat dekat atau orang kepercayaannya termasuk para ahli warisnya. Hambatan pengembalian aset tindak pidana korupsi disebabkan belum efektifnya gugatan perdata sebagai sarana untuk mengembalikan aset hasil kejahatan korupsi, kelembagaan penegak hukum, belum efektifnya Ratifikasi UNCAC 2003 dilaksanakan dalam hukum Indonesia, serta kelemahan di ranah regulasi tindak pidana korupsi. Konsep hukum mendatang dalam pengembalian aset tindak pidana korupsi pelaku dan ahli warisnya dalam mewujudkan negara hukum kesejahteraan, setidaknya ditempuh dalam beberapa langkah hukum progresif, yakni perbaikan regulasi peraturan perundang-undangan, optimalisasi Bantuan Hukum Timbal Balik, Perluasan kewenangan Komisi Pemberantasan Korupsi dalam Pengembalian Aset hasil tindak pidana korupsi, Penguatan koordinasi antar lembaga penegak hukum, serta menyegerakan menyelesaikan Undang-Undang Pengembalian Aset.Kata Kunci: Pengembalian; Aset Korupsi; Ahli Waris 

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