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The Role and Challenges of Law Enforcement Agencies in Optimizing Eradication and Prevention of Money Laundering Crimes Involving Corporations Usman, Usman; Achmad Darodjat, Tubagus
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

The large role of corporations in facilitating the occurrence of Money Laundering (TPPU) requires serious attention from the government and law enforcement. In Indonesia, money laundering cases often involve corporations operating in various sectors, indicating that corporations can function as a means to hide the proceeds of crime. One of the main challenges in eradicating Money Laundering is the lack of effective implementation of criminal sanctions against corporations. Criminal sanctions for corporations are an important instrument in law enforcement to prevent violations committed by business entities. Although Law Number 8 of 2010 has regulated criminal sanctions for corporations involved in Money Laundering, its implementation is still far from optimal. The research method used in this study is normative juridical with three approaches, namely the conceptual approach, the statutory regulatory approach, and the case approach. The results of the study indicate a vacuum of legal norms in Law Number 8 of 2010, which results in obstacles in the application of criminal sanctions against corporations involved in Money Laundering (TPPU). Therefore, it is necessary to update criminal law policy to correct the weaknesses contained in the law.
The Role of Court Excellence in Facilitating Expedited Trials to Enhance Legal Efficiency in Indonesia T.H. Simarmata, Edward; Achmad Darodjat, Tubagus
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

This scholarly article investigates the implementation of court excellence frameworks as a mechanism for expediting trials, thereby improving legal efficiency within Indonesia's judicial landscape. The Indonesian justice system confronts considerable challenges in delivering timely justice, largely attributed to case backlogs and procedural inefficiencies. Court excellence principles are examined here as a strategic approach to streamline judicial processes, boost institutional efficiency, and accelerate case resolutions. Through an analysis of Indonesia’s legal structures and current practices, this paper underscores the critical role of court excellence principles in fostering a justice system that is both equitable and efficient. Key insights and strategic recommendations are provided to support the effective implementation of expedited trials, ultimately promoting legal expediency in Indonesia.
The Urgency of Implementing Corruption Crime Asset Confiscation in The Context of Recovering State Losses Anwar, Muhammad; Achmad Darodjat, Tubagus
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

Return of assets resulting from criminal acts of corruption based on Article 10 of the Criminal Code and Articles 18, 19 of Law no. 20 of 2001 concerning the Eradication of Corruption Crimes, cannot yet be used as a basis for maximizing the return of State losses, applying replacement money sanctions under Article 10 of KUHP and Articles 18 and 19 of UU TIPIKOR is fraught with difficulties. In court rulings for criminal acts of corruption that have permanent legal effects, the quantity of money resulting from the act and the burden of state losses in corruption are never equal (Inkracht). The amount returned to the state is reduced due to corruption crimes. In a judge's decision that has permanent legal force (Inkracht) ordering perpetrators of criminal acts of corruption to return the money that was corrupted and/or money obtained from criminal acts of corruption, in practice, it often happens that perpetrators are unable to pay replacement money, so they prefer to replace it with prison punishment. Prison sentences are often used as a loophole to avoid paying compensation so that the state still suffers losses even though it has been proven in court. Therefore, the appropriate strategy for recovering and returning state losses in the context of realizing state financial justice is to confiscate the assets of perpetrators of criminal acts of corruption by the value of the state losses incurred by corruption by giving the authority to the Public Prosecutor to submit asset confiscation to the court to confiscate the assets of perpetrators of criminal acts of corruption before a court decision or before there is a lawsuit.
Utilization of Fishery Waste Product: The Case of MSMEs (In Central Java, Indonesia) Yusuf, Muhammad; Wambui Maina, Nancy; Achmad Darodjat, Tubagus
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

Resource management encompasses not only fishing and aquaculture activities but also the management of fishery waste, classified as animal by-products. Effective management of fishery waste, including heads, bones, scales, offal, and shells—which constitute approximately 30-40% of total fishery products—provides opportunities to mitigate pollution and boost the income of traditional coastal communities. In 2014, the FAO highlighted Indonesia’s significant fishery commodities, particularly mollusks and sea shells, which hold substantial export potential. Utilizing every part of the fish promotes environmental sustainability and creates economic benefits. This reflects a growing recognition of sustainable practices in enhancing local economies and ecological health. Indonesia's waters are divided into nine fisheries management areas (WPP). Research on Sustainability Practices in Micro, Small, and Medium Enterprises (MSMEs) indicates that MSMEs are pivotal to Indonesia’s economic development and are increasingly adopting Green Supply Chain Management (GSCM) practices to improve sustainability. In Central Java, fisheries are a key economic activity, with fish farming and processing supporting local diets and incomes. The region’s economy is diverse, with the processing industry leading, contributing 34.99% in the first quarter of 2024. Regulations for MSMEs in Central Java aim to foster growth and sustainability by providing legal protections, financial aid, and infrastructure support, enhancing the resilience and competitiveness of MSMEs, including those in fisheries. Ongoing efforts are essential to overcome implementation challenges and ensure these regulations benefit all stakeholders. This article explores the utilization of fish waste management in MSMEs.
Application of Restorative Justice in Criminal Offences of Domestic Violence Domestic Violence in Indonesia Maharani Tarigan Sibero, Sari; Adianto Mau, Hedwig; Achmad Darodjat, Tubagus
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 5 (2024): December
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

This research examines the application of Restorative Justice in the settlement of criminal acts of Domestic Violence (DV) in Indonesia using a normative legal approach. The focus of the research lies on analyzing laws and regulations related to the application of restorative justice in handling domestic violence cases. Restorative Justice is proposed as a more humane alternative to the dominant retributive justice system, with the aim of improving relationships between victims and perpetrators and providing space for healing. This research concludes that although the application of Restorative Justice faces significant challenges, such as social norms that discourage victims from reporting and the unpreparedness of law enforcement officials in applying the principles, this approach has the potential to offer a more effective solution in reducing domestic violence. Through an analysis of existing legal policies, this research provides recommendations to strengthen the implementation of Restorative Justice in Indonesia by involving more parties, including law enforcement officials, social institutions, and communities.
Legal Certainty in Investor Liability for Environmental Rehabilitation: The Role of Environmental Cost Allocation in the Coal Mining Sector Galenso, Vidi; Suganda, Atma; Achmad Darodjat, Tubagus
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1445

Abstract

The coal mining sector contributes significantly to the Indonesian economy, but also leaves serious environmental impacts. This research aims to examine the legal certainty of investor responsibility in environmental restoration through an environmental costing mechanism. The research method used is normative juridical with statutory and conceptual approaches. The results show that there are discrepancies between legal norms and their implementation in the field. Investor responsibility is often not carried out substantially, and there is no binding long-term accountability system after the expiry of the mining licence. This research provides novelty by proposing regulatory reconstruction based on the principles of strict liability, environmental justice, and digital-based transparency. In conclusion, it is necessary to strengthen the environmental law system that is more substantial and oriented towards ecological sustainability and intergenerational justice.
The Role of Talent Management and Career Development in Improving Organizational Performance: A Study on the Indonesian Banking Industry Achmad Darodjat, Tubagus
Jurnal Manajemen, Akuntansi, Ekonomi Vol. 4 No. 2 (2025): Jurnal Manajemen, Akuntansi, Ekonomi (September)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmae.v4i2.1583

Abstract

This study explores the impact of talent management and career development on organizational performance within the Indonesian banking sector. The research addresses key challenges faced by banks, including talent retention, digital transformation, and regulatory adaptation. Using a qualitative case study approach, data were collected through semi-structured interviews and document analysis involving HR managers and senior employees from selected commercial banks. Thematic analysis was employed to extract patterns and insights. Findings reveal that structured talent management comprising competency-based recruitment, leadership training, and succession planning positively influences employee engagement and productivity. Similarly, clear career development pathways enhance employee retention and motivation. More importantly, the study highlights the synergistic effect when both strategies are implemented in tandem, leading to greater organizational agility and service quality. However, barriers such as cultural resistance and limited investment in HR systems persist. The study contributes to the strategic human resource management literature in emerging markets and offers practical recommendations for integrating human capital strategies with performance goals. It also identifies limitations related to sampling and scope, suggesting the need for broader and more inclusive future research.