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All Journal LAW REFORM Jurnal Hukum dan Peradilan Kanun: Jurnal Ilmu Hukum
Jaya, Arizon Mega
Unknown Affiliation
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Law Enforcement in the Recovery of State Funds from Corruption Crimes Kartika, Arie; Jaya, Arizon Mega; Zakiran, Asep Hakim; Jastisia, Mentari; Ashady, Suheflihusnaini; Z.S, Edi Mulyadi; Sabatira, Febryani
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.63799

Abstract

Corruption are not adequately addressed by the current legal framework, which fails to provide appropriate sanctions or follow the Constitution in dealing with such crimes. Simply imposing prison sentences is insufficient; efforts must also be made to recover state losses incurred due to corruption. there are still significant constraints in the implementation and enforcement of the law. This study aim to analyze how the applicable laws are enforced to recover financial losses incurred by the state in cases of criminal corruption; and identify the factors inhibiting the effective implementation of laws related to the recovery of these financial losses. This study employs both normative legal methods and empirical research. The research results suggest that to restore the country's economy affected by criminal corruption, it is necessary to undertake measures such as the foreclosure of assets owned by the convicted individuals. Sanctions should include not only monetary compensation equivalent to the value of the assets obtained through corruption but also criminal fines and decisions on the confiscation of goods. One major internal constraint in recovering state finances is the tendency of convicts to opt for prison sentences rather than paying damages as determined by the court.
SPEEDING UP JUSTICE: A CRITICAL ANALYSIS OF THE PRINCIPLE OF SPEEDY, SIMPLE, AND LOW-COST TRIALS IN INDONESIAN CORRUPTION CASES Ridwan, Ridwan; Mega Jaya, Belardo Prasetya; Jaya, Arizon Mega; Octavian, Ryan
Kanun Jurnal Ilmu Hukum Vol 26, No 2: August 2024: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i2.33385

Abstract

This article investigates the issue of delays in law enforcement's implementation of criminal law in corruption cases, particularly in relation to the principles of speedy, simple, and low-cost trials. Utilizing a normative legal method and statutory approach, alongside case studies, the study explores the persistent delays in the Indonesian criminal justice system despite the emphasis on these principles. Delays in the reading of indictments have raised suspicions and potential discrimination in the enforcement of corruption cases. The right of a defendant to a prompt resolution, as outlined in the Criminal Procedure Code aligning with the shift from an inquisitorial to accusatorial principle and human rights development, is highlighted. However, the findings reveal that these principles are not consistently and effectively applied in Indonesia's criminal justice system. Key issues identified include prolonged, complex, and costly law enforcement processes in corruption cases, as well as obstacles hindering the swift and cost-effective resolution of state losses. Discriminatory practices, though not overt, manifest in various stages of the legal process, impeding the realization of fast, simple, and low-cost justice. To address these challenges and ensure fair trials, law enforcement must prioritize ethical and moral considerations in their practices
Aspect of Justice in The Application of "Impoverishment" Concept in Asset Seizure Resulting from Corruption Offenses Jaya, Arizon Mega; Maroni; Fardiansyah, A Irzal; Soerjatisnanta, Hieronymus; Akib, Muhammad; Jaya, Belardo Prasetya Mega
Jurnal Hukum dan Peradilan Vol 14 No 2 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.2.2025.377-400

Abstract

The main question and context of the discussion is whether the concept of impoverishment through asset confiscation in corruption cases in Indonesia fulfills the aspect of justice for defendants. This research will play a role in providing legal boundaries and certainty regarding the concept of impoverishment. This research used normative legal research. Normative legal research focuses on analyzing legal rules, principles, and doctrines to understand how the law should be, rather than how it is practiced. This research showed that the concept of impoverishing perpetrators of corruption crimes is interpreted as the confiscation of wealth/assets belonging to perpetrators of corruption crimes, which are the proceeds of corruption, and carried out in accordance with applicable regulations. Asset confiscation from perpetrators of corruption crimes must be implemented with legal measures that do not disregard the sense of justice and without disregarding or respecting the rights of the defendants and the property rights of others unrelated to the corruption case being handled, so the execution in the form of asset confiscation that can provide a sense of justice as it is conducted in a civilized manner and based on humanitarian values. Confiscating the wealth of defendants in corruption cases must be carried out proportionally, and the confiscation of individuals suspected of committing criminal acts of corruption must be upheld and must not violate constitutional principles.
Co-Authors Arie Kartika, Arie Ashady, Suheflihusnaini Fardiansyah, A Irzal Hieronymus Soerjatisnanta Jastisia, Mentari Jaya, Belardo Prasetya Mega Maroni Maroni Muhammad Akib Octavian, Ryan Ridwan, Ridwan Sabatira, Febryani Z.S, Edi Mulyadi Zakiran, Asep Hakim