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Journal : law reform

Law Enforcement in the Recovery of State Funds from Corruption Crimes Kartika, Arie; Jaya, Arizon Mega; Zakiran, Asep Hakim; Jastisia, Mentari; Ashady, Suheflihusnaini; Z.S, Edi Mulyadi; Sabatira, Febryani
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.63799

Abstract

Corruption are not adequately addressed by the current legal framework, which fails to provide appropriate sanctions or follow the Constitution in dealing with such crimes. Simply imposing prison sentences is insufficient; efforts must also be made to recover state losses incurred due to corruption. there are still significant constraints in the implementation and enforcement of the law. This study aim to analyze how the applicable laws are enforced to recover financial losses incurred by the state in cases of criminal corruption; and identify the factors inhibiting the effective implementation of laws related to the recovery of these financial losses. This study employs both normative legal methods and empirical research. The research results suggest that to restore the country's economy affected by criminal corruption, it is necessary to undertake measures such as the foreclosure of assets owned by the convicted individuals. Sanctions should include not only monetary compensation equivalent to the value of the assets obtained through corruption but also criminal fines and decisions on the confiscation of goods. One major internal constraint in recovering state finances is the tendency of convicts to opt for prison sentences rather than paying damages as determined by the court.
Balancing International Legal Obligations, Human Rights, and National Interests: Indonesia’s Response to Rohingya Refugees in Aceh Asphianto, Aan; Jaya, Belardo Prasetya Mega; Wicaksono, Agung Satrio; Ashady, Suheflihusnaini; Weku, Robert Lengkong; Anggita, Dila; Risyawan, Alief
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.73197

Abstract

The principle of non-refoulement in international law obliges states to refrain from returning refugees to places where they face persecution. Indonesia, as a state that upholds human rights, has applied this principle in receiving Rohingya refugees who are displaced from their country of origin. Nevertheless, its implementation encounters tensions between international obligations, national interests, and human rights considerations. This study aims to examine how international law influences Indonesia’s response to the Rohingya refugee situation and to analyze the government’s stance in balancing these competing interests. A mixed-method approach is employed, combining empirical research through focus group discussions and interviews with normative analysis of primary and secondary legal materials. The findings indicate that, despite not ratifying the 1951 Refugee Convention, Indonesia continues to adhere to the non-refoulement principle. However, regulatory improvements are necessary, particularly regarding Presidential Regulation No. 125 of 2016, to ensure fulfillment of refugees’ basic rights and adequate financial support, especially in Aceh. In conclusion, Indonesia must adopt prudent legal reforms to strengthen legal certainty, protect refugee rights, and balance international, national, and humanitarian interests effectively. Such measures will also enhance coordination among institutions, improve policy implementation, and promote sustainable humanitarian governance in addressing future refugee challenges comprehensively nationwide.