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All Journal Jurnal Hukum dan Peradilan National Journal of Law
Amedi, Azeem Marhendra
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Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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THE NEW PUBLIC FINANCE IMPLEMENTATION IN THE PRODUCTION SHARING CONTRACT SCHEME FOR EXPLORATION AND EXPLOITATION OF OIL AND GAS RESOURCE IN INDONESIA Setyadi, Didik Sasono; Mulyati, Deti; Amedi, Azeem Marhendra
NATIONAL JOURNAL of LAW Vol. 3 No. 2 (2020): Volume 3, Nomor 2, September 2020
Publisher : Universitas Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47313/njl.v3i2.920

Abstract

Abstract Indonesia is a country which have oil and gas reserve as one of the country natural resources. Until now, the government management on oil and gas resources remain plays such important role in both strategic aspect as the state income contributor and the energy resilience. The Production Sharing Contract (PSC) Scheme applies in the management system of exploration and exploitation (Upstream) of oil and gas resources that is mandated by the 1945Constitution that should be managed for the greatest people prosperity. The PSC Scheme is a type of collaboration or partnership agreement between Government Institution (Representative) with Private Parties (National or Multi-National Corporation) to mutually explore and exploit the resources for the purpose of the Government mission (to provide people prosperity) in one hand, and to produce added value for the private corporation on the other hand. PSC Scheme has been enabling both parties joint and share genera and technical management aspect, asset management aspect, as well as financial / fiscal aspect encompass, therefore this scheme should be considered as part of the New Public Finance in implementation; Key Words: New Public Finance, Production Sharing Contact, Oil and Gas Resource Exploration and Exploitation. 
Prosecutorial Application of Restorative Justice: Overview, Mechanism, and Commentary on Prosecution Cessation Hakim, Jefferson; Amedi, Azeem Marhendra
Jurnal Hukum dan Peradilan Vol 12 No 2 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.2.2023.319-346

Abstract

This article discusses the implementation of prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service. Restorative justice was introduced as an out-of-court criminal case settlement with certain conditions. Nevertheless, an unpopular opinion against the implementation of the prosecution cessation based on restorative justice as it is considered to deviate from the Indonesian Criminal Procedure Code. The purpose of the research in this article is to describe the concept of restorative justice, the implementation of the prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service, as well as a juridical study of the implementation of prosecution cessation based on restorative justice in the perspective of the Indonesian Criminal Procedure Code. The research method in this article is normative juridical. Restorative justice is considered to be able to meet a sense of justice for the victim and society, as the perpetrator is required to be responsible for restoring the victim's condition to its original state by prioritizing mediation and dialogue. Coming from the perspective of the Indonesian Criminal Procedure Code, the implementation of stopping the prosecution based on restorative justice has the potential to become an object of pretrial. However, from the perspective of the idea of law, the prosecution cessation based on restorative justice satisfies the triad of justice and utility as the idea of law.
Co-Authors Hakim, Jefferson Mulyati, Deti Setyadi, Didik Sasono