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THE INDONESIAN ARRANGEMENT OF ASSET FORFEITURE DRAFT AS REFORM EFFORTS IN RECOVERING STATE LOSSES DUE TO CORRUPTION: A COMPARATIVE STUDY OF UNITED STATES CODE Sianipar, Ferry Agus; Sambas, Nandang; Yanto, Oksidelfa
YURIS: Journal of Court and Justice Vol. 3 Issue 2 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i2.509

Abstract

Corruption remains a pervasive challenge in Indonesia, undermining governance, economic development, and social justice. The Draft Law on Asset Forfeiture in Indonesia is an effort in reform to restore state losses caused by the crime of corruption. This is a comparative legal research which aims to compare the Draft Asset Forfeiture Law with the United States Code as a reference to assess compatibility with human rights. The findings of this research indicate that despite the fact that there have been numerous previous efforts and procedures from law enforcement to return assets under the criminal procedure law and other regulations, the judicial system is still insufficient to effectively address potential state financial losses due to the rampant corruption crimes in Indonesia. The Asset Forfeiture system, which shares similarities with the Asset Forfeiture principle in the U.S.C., has the potential to be abused and violates human rights and the basic Criminal Law principle of presumption of innocence, both in Indonesia and the United States. Therefore, it is necessary to improve the Draft Law on Asset Forfeiture with due regard to Human Rights, by placing the perpetrators of corruption on the Principle of the Highest Balanced Probability, and still adhering to the principles of the criminal process in accordance with basic criminal law.
SOSIALISASI PENCEGAHAN DAN PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA (KDRT) Syaifullah, Syaifullah; Guntara, Bima; Dadang, Dadang; Hendra, Rio; Sianipar, Ferry Agus
Abdi Laksana : Jurnal Pengabdian Kepada Masyarakat Vol 2 No 3 (2021): Abdi Laksana : Jurnal Pengabdian Kepada Masyarakat
Publisher : LPPM Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/al-jpkm.v2i3.13524

Abstract

Domestic violence is an act of violence against women that is often invisible. Along with cases of domestic violence that are increasing day by day, the government issued a Law on the Elimination of Domestic Violence, with the aim that victims of domestic violence, especially women, are expected to obtain legal protection. The problem that arises then is how to protect the law against victims of Domestic Violence (KDRT) to prevent criminal acts of domestic violence. The existence of Law Number 23 of 2004 concerning the Elimination of Domestic Violence is expected to be able to provide significant legal protection for victims of Domestic Violence (KDRT). The forms of protection regulated in this law are temporary protection from the police, court protection and placement of victims in "safe houses". However, the results of research, both through District Court decisions and informants, show that the form of protection for victims of domestic violence is still dominant through repressive actions (imprisonment sentences) to perpetrators, while temporary protection and permanent protection from the courts are less attention Domestic violence is an act of violence against physical, psychological, sexual and neglect in the family. Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT) has regulated the protection for victims, but it does not fully fulfill the rights of victims. Criminal action, which is the goal of the Domestic Violence Law, often has a negative impact on victims, including: divorce and domestic disharmony. In addition, the imposition of a criminal offense is also contrary to other objectives to be achieved by the Act, namely: the maintenance of a harmonious and prosperous household. The PKDRT law provides opportunities for the involvement of the government, victims and the community in accordance with the idea of restorative justice which is already known by the Indonesian people as a form of local wisdom, but the protection of victims has not been fulfilled. Meanwhile, if the crime will be used in resolving domestic violence cases, it must be as selective as possible, especially if the consequences of the acts of the perpetrators of domestic violence will threaten and endanger the survival of the victim. Regarding forms of violence, violence is not merely physical in nature such as: beatings, torture or torture which easily leaves visible evidence. In many ways violence always takes many forms as well as many dimensions. Psychological violence such as constant fear, receiving threats, making someone feel humiliated, is another form that is very difficult to prove but leaves a long imprint on everyone's memory.