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All Journal Unram Law Review
Titin Nurfatlah
Faculty Of Law, University Of Mataram
Law, Crime, Criminology & Criminal Justice

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Legal Politics Of State Assets Recovery By In Absentia Court In Act Number 20 Year 2001 Concerning Eradication Against Corruption Titin Nurfatlah; Gina Meilinda; Fifi Rosalina; Usnadi Usnadi
Unram Law Review Vol 3 No 1 (2019): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v3i1.58

Abstract

State assets recovery is an important part of the law enforcement on corruption crimes. Therefore state assets recovery shall be state’s legal politics. This study intended to find out the Indonesian legal politics of state asset recovery through in absentia court. Method of this study is normative reseach and used statute approach and conceptual approach. Based on the analysis can be concluded that in absentia court have enumerated in Indonesian Law Regarding Eradicating Against Corruption. This is in line with the legal politics in the decree Of Indonesian People’s Consultative Assembly which emphasizes the acceleration of legal processes in criminal acts of corruption.
The Shift Paradigm of the Death Penalty in the Draft Criminal Code titin nurfatlah; Amiruddin Amiruddin; Ufran Ufran
Unram Law Review Vol 4 No 1 (2020): Unram Law Review (Ulrev)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v4i1.111

Abstract

This study aims to determine the concept of the death penalty in the future Indonesian criminal law. The method used is a normative research method. The approaches in this research are the statute approach, conceptual approach, historical approach, and comparative approach. The conclusion based on the results of the research, the death penalty in the Draft of the Penal Code is no longer a primary punishment but has separate rules. The provisions of the death penalty in the Draft Penal Code is particular and as an alternative punishment. The purpose of this death penalty provision includes giving broader consideration for judges in giving decisions as not arbitrary towards the convicted; give more attention to the objectives of the punishment. Additionally, the provision advocates the death penalty as a last resort in protecting the community, as the judges shall look for other punishment as an alternative to the death penalty. The Draft of the Criminal Code bases on Neo-Classical school of thought, which maintains a balance between objective factors (actions/outward) and subjective factors (people/ inner/inner attitudes).
Co-Authors Amiruddin Amiruddin Fifi Rosalina Gina Meilinda Ufran, Ufran Usnadi Usnadi