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p-Index From 2021 - 2026
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All Journal Jurnal Akta Law Development Journal
Syachdin Syachdin
Universitas Tadulako
Humanities Law, Crime, Criminology & Criminal Justice

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Optimizing Asset Recovery in Recovering State Losses from Money Laundering Crimes through the Deferred Prosecution Agreement (DPA) Nurul Annisa; Awaluddin Awaluddin; Syachdin Syachdin
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.854-872

Abstract

This study analyzes the optimization of asset recovery and the restitution of state losses in money laundering crimes by strengthening the authority of public prosecutors and implementing the Deferred Prosecution Agreement (DPA) procedure within the framework of national criminal law reform. The main problem lies in the low asset recovery ratio compared to the magnitude of state losses due to corruption and money laundering, indicating that law enforcement is still oriented towards punishing perpetrators, rather than asset recovery. The enactment of Law No. 1 of 2023 concerning the Criminal Code and Law No. 20 of 2025 concerning Criminal Procedure Law opens up space for strengthening prosecutorial discretion based on restorative justice. This study uses normative legal methods with a statutory and conceptual approach, and is supported by primary data through interviews with law enforcement officials. The results show that the dominus litis principle provides strategic bargaining power to public prosecutors to direct case resolution towards the recovery of state losses. The DPA procedure can be an effective instrument in accelerating asset recovery, especially in cases involving corporations and cross-jurisdictional transactions, including digital assets and cryptocurrencies. However, the implementation of the DPA must be accompanied by judicial oversight, clear operational standards, and proportionality testing to maintain a balance between effective law enforcement and human rights protection. Therefore, optimizing the authority of public prosecutors through the DPA has the potential to significantly increase the effectiveness of asset recovery in Indonesia's modern economic criminal justice system.
Sociocultural Perspective in Law Enforcement on Drug Abuse in Donggala Regency Police Resort, Central Sulawesi Lukman Lukman; Sulbadana Sulbadana; Hamdan Rampadio; Syachdin Syachdin
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

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Abstract

Drug abuse has become a global threat affecting legal, social, health, and national security systems, requiring not only strict law enforcement but also comprehensive community participation to ensure effective prevention and control. This study aims to analyze the effectiveness of law enforcement in addressing drug abuse at the local level and to examine the role of law enforcement agencies in prevention efforts and suppression of drug abuse in Donggala District. The method applied a socio-juridical approach, which involved exploring existing regulations, such as Law Number 35 of 2009 on Narcotics, and relating them to the community’s social conditions through interviews, observations, and field studies. The findings indicate that law enforcement still faces challenges such as limited facilities and infrastructure, low public legal awareness, and weak supervision in coastal and border areas that serve as entry points for narcotics. As a novel contribution, this dissertation proposes the concept of a “Drug-Free Resilient Village” (Anti-Narcotics Resilient Village). This community-based model integrates education, early detection, social monitoring, and rehabilitation functions within a single area grounded in local wisdom. This model is expected to strengthen preventive approaches while enhancing the effectiveness of bottom-up law enforcement.
Co-Authors Awaluddin, Awaluddin Hamdan Rampadio Lukman Lukman Nurul Annisa Sulbadana Sulbadana