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All Journal Dharmakarya : Jurnal Aplikasi Ipteks Untuk Masyarakat Arena Hukum PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Bina Hukum Lingkungan Surya Abdimas Legal Standing : Jurnal Ilmu Hukum JUSTISI Paulus Law Journal PAMPAS: Journal of Criminal Law Indonesian Journal of Criminal Law and Criminology (IJCLC) Bina Hukum Lingkungan Trunojoyo Law Review Jurnal Hukum dan Sosial Politik Deposisi: Jurnal Publikasi Ilmu Hukum
Rully Herdita Ramadhani
Fakultas Hukum Universitas Padjadjaran
Agriculture, Biological Sciences & Forestry Arts Humanities Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : JUSTISI

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Judicial Considerations in Imposing Replacement Money Sanctions in Corruption Cases Involving State Land Transfer Lameng, Jihan Shavira Yosephin; Elis Rusmiati; Rully Herdita Ramadhani
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4427

Abstract

The study aims to examine and analyze the judge's consideration in the imposition of replacement money in corruption cases involving state land transfer through the lens of justice drawing on progressive legal theory, and the theory of economic analysis of law, while also assesing strategies to maximize the recovery of state financial losses through the application of replacement money. The method of research is normative juridical method with a qualitative descriptive approach, focusing on secondary data such a legislation, court decisions, and legal literature. The research specification used is descriptive analytical. Novelty of this research lies in highlighting analyze the effectiveness of additional criminal sanctions in the form of replacement money in corruptions offenses involving state land transfer in optimizing the recovery of state finansial losses through progressive law theory and economic analysis of law approach. The Results indicate that the implementation of replacement money as an additional criminal sanctions is considered not to be optimal in maximizing the recovery of state financial losses, Judges' considerations in several decisions examined show that the imposition of replacement money has not implemented progressive legal theory, without considering other forms of losses impacted by corruption offenses involving state land transfer. This is due to the absence of parameters as guidelines in imposing of replacement money Conclusion, it can be known that although Article 18 paragraph (1) letter (b) of the Corruption Law has included the amount of replacement money payments balanced with the assets/objects obtained from corruption crimes, a more progressive approach are needed to ensure that the imposition of replacement money can effectively restore the state's financial losses. Therefore, it is necessary to calculate the amount of replacement money using the NJOP indicator in corruption cases involving state land transfer in line with efforts to optimize the return of state financial losses.
Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh Wiwin Widiarti; Erika Magdalena Chandra; Rully Herdita Ramadhani
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3670

Abstract

This study aims to describe the relevance of Qanun Number 6 of 2014 concerning Jinayat Law as a legal regulation used to address cases of child sexual Harassment in Aceh. This is considered important because until now cases of child sexual Harassment in Aceh have continued to increase every year. In addition, Aceh is a region that has special regulations that are formed based on Islamic law and customary law. Therefore, the provisions relating to sexual Harassment in Aceh are different from other provincial areas that use the Child Protection Law, the Sexual Violence Crime Law or Law Number 1 of 2023 concerning the Criminal Code. The study was conducted using a sociological legal research method with descriptive analytical writing specifications. The focus of this study is on how the relevance of Aceh Qanun Number 6 of 2014 concerning Jinayat Law is in minimizing the number of cases of child sexual Harassment in Aceh, thus causing this study to be different from previous studies. The results of this study indicate that Qanun Number 6 of 2014 concerning Jinayat Law has not been able to optimally address cases of child sexual Harassment in Aceh. It is because the five factors that influence the effectiveness of the implementation of Qanun Jinayat in Aceh have not been effective until now. The five factors are legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors. In addition, the provisions of the threat of sanctions contained in Qanun Jinayat when associated with the theory of just desert and the theory of the purpose of punishment in Islamic criminal law are still relatively light so that they have an impact on the unprotection of children's rights as victims and do not provide a deterrent effect for perpetrators.
Co-Authors Agus Takariawan Ajie Ramdan Al Fasha, Jidny Izham Azadia Az Zahra Cahya Irawadi Cahya Irawady Deanova, Luthfie Arya Dewi Kania Sugiharti Erika Magdalena Chandra Erika Magdalena Chandra Farol Medeline Helda Okta Havifah Ijud Tajudin Indri Yuliafitri Indri  Yuliaftri Izharti, Rakhmi Jidny Izham Al Fasha Lameng, Jihan Shavira Yosephin Lies Sulistiani Magdalena, Erika Manayra Aisha Putri Indradjaja Mei Susanto Memed Sueb Muhammad Al Riyadh Nella Sumika Putri Rusmiati, Elis Salman Nazil Firdaus Sigid Suseno Somawijaya Somawijaya Syahla Putri Raharyanti Tiara Rahmawati Wiwin Widiarti Zainal Muttaqin