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Journal : Jurnal Riset Ilmiah

PENGEMBALIAN KERUGIAN KEUANGAN NEGARA MELALUI PENDEKATAN KEADILAN RESTORATIF DALAM PERKARA TINDAK PIDANA KORUPSI DANA DESA DI KABUPATEN HALMAHERA BARAT Hama, Albert; Mau, Hedwig A.; Ismed, Mohammad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 7 (2025): SINERGI : Jurnal Riset Ilmiah, Juli 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i7.1550

Abstract

In Indonesia, corruption in the management of village funds has emerged as a critical concern, particularly because these funds serve as the primary source of financing for village‑level development. This study aims to analyze the regulatory framework governing the restitution of state financial losses in cases of village‑fund corruption and to examine the application of a restorative‑justice approach to recovering such losses in West Halmahera Regency. The theoretical foundation comprises law‑enforcement theory and restorative‑justice theory. This research is classified as empirical legal research, employing a socio‑legal approach. Primary data constitute the principal information source, supplemented by secondary and tertiary materials to enrich the analysis. Data were collected through interviews and document review. A doctrinal (juridical) analysis was conducted to explicate the legal phenomena under investigation. The findings reveal that Indonesia’s anti‑corruption efforts have evolved from a generalized legal framework toward the strengthening of specialized norms and procedures. This progression is embodied in Law No. 31 of 1999, as amended by Law No. 20 of 2001—which refines definitions and increases sanctions; the establishment of the Corruption Eradication Commission under Law No. 30 of 2002; and the establishment of a specialized corruption court pursuant to Law No. 46 of 2009. These instruments integrate preventive mechanisms (such as asset declarations and forensic audits) with repressive measures (including asset seizure, forfeiture, and penal mediation) to both punish offenders and restore state financial losses. Moreover, in the village context—specifically in West Halmahera Regency—a restorative‑justice model that combines mediation, asset restitution, and the engagement of customary community leaders, and that is tailored to local geographic, cultural, and institutional characteristics, has the potential to expedite the recovery of village funds, cultivate a culture of accountability and transparency, and reinforce inclusive, responsive, and sustainable village governance as a foundation for long‑term corruption prevention and enhanced public trust
PENEGAKAN HUKUM TERHADAP PEMBUKTIAN MENS REA DALAM TINDAK PEMBUNUHAN BERENCANA Marsauli, Yopanus; Kristiawanto, Kristiawanto; Ismed, Mohammad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1696

Abstract

This research is motivated by the proof of mens rea in premeditated murder which is influenced by the approach of malicious intent and actions. The obstacles that occurred included the first instance court considering that the concept of men rea which priortized the evil intention was the first, followed by the perpetrator’s actions. This concept is adopted by the common law system which requires a long time process. These elements are alsa called dualism, while the criminal justice system in Indonesia adheres to mononism. The formulation of the problem in this research is: How is mens rea proven in premeditated murder according to the criminal code in Indonesia?and what is the concept of proving mens rea in premeditated murder according to the Indonesia Criminal Code in the future?. This research uses the Theory of Law Enforcement influenced by legal strucuture, legal substance, and legal culture and the Theory of Negative Proof, where judges can decide a person is guilty with at least two sufficient pieces of evidence and the judge’s belief that a criminal event has occorred. The type of research used by the author in this thesis is normative juridical legal research. The data obtained was then analyzed qualitatively to reach objective conlclusions. This study used secondary data from primary and secondary legal materials, analyzed descriptively. The results of the study show that firstly, the proof of mens rea in premeditated murder in Indonesia in court decisions still applies dualism, namely malicious intent and acts. Second, the Makassar court’s decision convicted a person of ordinary murder under the article on premeditated murder with the consideration of intent without planning. For the sake of the principles of legal certainty, justice and consistency in the application of the law, it is appropriate for the court to follow the decision of the Supreme Court which has permanent legal force. The House of Representatives is revising article 340 of the Criminal Code in the future regarding planning that is open to multiple interpretations. Third, the indonesian state still adheres to monotheism. Fourth, the concept of proving mens rea in premeditated murder in future actions and responbility