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All Journal Jurnal Pendidikan Kewarganegaraan Undiksha Jurnal Komunikasi Hukum Khairun Law Journal Unes Law Review Jurnal Hukum Volkgeist Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton Ganesha Law Review JURNAL USM LAW REVIEW Legal Spirit Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Supremasi KHAIRUN LAW JOURNAL Administrative and Environmental Law Review Journal Of Human And Education (JAHE) Journal of Legal Contemplation
Malik, Faissal
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Legal Analysis of the Application of Article 363 of the Criminal Code in the Sekayu District Court Decision Number 70/Pid.B/2021/PN Sky Regarding Theft in a Plantation Area M. Saleh, Tri Wahyuni; Malik, Faissal; Hasan, Aslan
Journal of Legal Contemplation Vol. 1 No. 3 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288//jlc.v1i3.12

Abstract

This study aims to examine the suitability of the indictment with Article 363 paragraph (1) 4 of the Criminal Code used by the Public Prosecutor in decision Number 70/Pid.b/2021/PN Sky and whether the Judge's considerations in decision Number 70/Pi.B/2021/PN Sky were in accordance with the facts of the trial. The type of research used is normative legal research, which is a method of legal research conducted by examining library materials or secondary data. Based on research, it can be seen that there is a discrepancy between the indictment and Article 363 paragraph (1) point 4 of the Criminal Code used by the Public Prosecutor, as well as between the verdict and the judge's consideration, which does not or does not fully correspond with the facts of the trial, so that the article in the Public Prosecutor's indictment is still used. Both prosecutors and judges should apply the principle of lex specialis derogate lex generali in applying articles in indictments and in court decisions, so that justice can truly be upheld.
Civil Forfeiture as a Legal Mechanism for Recovery of State Losses in Corruption Cases in Indonesia Malik, Faissal; Amriyanto; Syafari, Tri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8876

Abstract

The recovery of state financial losses from corruption remains a central challenge in Indonesia's anti-corruption framework. Despite the availability of various recovery mechanisms, questions persist regarding their effectiveness and conformity wth the principle of proportionality and national legal policy.   This study examines the application of proportionality in state loss recovery policies and formulates a future-oriented legal policy to enhance recovery effectiveness.   Employing a normative legal research method, this study applies Robert Alexy's proportionality test, suitability, necessity, and proportionality in the strict sense to assess criminal restitution, post-conviction asset confiscation, and administrative and civil forfeiture mechanisms.   The findings reveal that Indonesia's current recovery framework is fragmented and predominantly reliant on repressive, criminal-based approaches, resulting in limited asset recovery.   The novelty of this study lies in its proportionality-based formulation of civil forfeiture as an integrated administrative recovery model that prevents asset dissipation while safeguarding due process and property rights.   This study argues that proportionality does not weaken anti-corruption efforts, but rather provides a normative foundation for designing recovery policies that are effective, balanced, and capable of delivering measurable public benefits.
Co-Authors AA Sudharmawan, AA Abd. Wahab, Muhammad Zaki Abdulajid, Syawal Ambiya, Aulia Rahman Amriyanto Andika Adhyaksa Andrianto, David Anshar, Anshar Anwar, M. Afdal Hi Arief Budiono Arisa Murni Rada Faisal, Fatma Fathurrahim, Fathurrahim Gultom, Ambi Hanafi, Muhammad Amin Hasan, Aslan Heri setiawan J. Kotta, Ridjal Jafril, Muammar Kamel, Rusli Larumpa, Renaldi Markus M. Djafar, Muhammad M. Saleh, Tri Wahyuni Mufti, Ahmad Nam Rumkel Papuluwa, Nurlaila Kadarwati Rusdin Alauddin Sudarsono, M. Agus F Sulani, Jitro Suwarti Suwarti Syafari, Tri Tuanaya, Nurjanah