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All Journal Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Sosial dan Teknologi Terapan AMATA
Koy, Yunita Inoriti
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Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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Sanksi Pidana Pelatihan Kerja bagi Anak dalam Undang-Undang Sistem Peradilan Pidana Anak Koy, Yunita Inoriti
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 1 (2021): Juni 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (344.549 KB) | DOI: 10.17977/um019v6i1p179-190

Abstract

This study aimed to analyze the legal ratio of Article 71 paragraph (1) letter c of Law Number 11 of 2012 concerning the Criminal Justice System for Children and the concept of criminal sanctions for job training for children in the future. The type of research was normative juridical research with a statute approach and a legal concept approach. Research data were collected and analyzed descriptively. The results of the study described that the ratio legis of the inclusion of job training criminals in Article 71 paragraph (1) letter c as a form of government action in providing protection and providing interests for children who could be subject to criminal job training as sanctions for children in conflict with the law. The concept of criminal sanctions for job training for children in the future was guiding, fostering, and directing children in conflict with the law, providing job training organized by institutions formed by the government or private institutions in collaboration with the government, providing entrepreneurship training so the children could be independent and useful for society.
Prosedur Mekanisme Pengembalian Aset Negara Hasil Tindak Pidana Korupsi di Indonesia Koy, Yunita Inoriti
Jurnal Sosial dan Teknologi Terapan AMATA Vol. 3 No. 1 (2024): Maret 2024
Publisher : Politeknik Amamapare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55334/sostek.v3i1.192

Abstract

Corruption is a nista act that takes place every year. Corruption is classified as a heinous act and has a major impact on state finances to the detriment of many parties. Investigation, prosecution, and examination in court hearings in cases of corruption must take precedence over other cases for immediate resolution. The purpose of this study is to understand and analyze law enforcement of corruption in Indonesia and to understand and analyze the mechanism of returning state assets resulting from corruption crimes. The method used in this study is a normative research method, namely legal research that puts the law as a building of a norm system. Law Number 20 of 2001 concerning Corruption regulates mechanisms or procedures that can be used to return assets through criminal and civil channels. The mechanism for returning state assets resulting from corruption can be carried out with two mechanisms at once, namely through criminal channels (criminal) as stipulated in UNCAC and civil forfeiture. The criminal path is intended to provide a deterrent effect to the corruptors so that the corruptors do not repeat the criminal act of corruption. The civil forfeiture is intended to return state assets resulting from corruption crimes with evidence obtained from criminal proceedings, namely asset tracing and freezing. The key to success lies with each country, so it cannot be determined which mechanism is best. The element of success in making efforts to return assets resulting from corruption must pay attention to several factors, one of which is the perspective on the law enforcement approach in Indonesia still focuses on prosecuting perpetrators (in personam), not seizing assets resulting from crime.
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