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Journal : Law Development Journal

An Investigator's Discretion in State Assets Confiscation Criminal Action Case of Corruption Adi Wiratmoko; Amin Purnawan; Siti Ummu Adillah
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.507-517

Abstract

This research aims to discuss the concept of investigators' discretionary power in applying their powers and authorities in confiscation of state assets and shifting the terms of discretion from Act No. 14 of 2014 concerning Government Administration to Act No. 11 of 2022 concerning Job Creation. This discussion aims to provide clarity on the concept of discretionary power of investigators in confiscation of state assets which is still controversial from various aspects so that the concept of discretionary power is not only acceptable in terms of power, but also legally and morally/ethically acceptable. This writing uses a doctrinal (juridical-normative) approach, namely research on criminal law norms contained in Indonesian criminal legislation. Based on the results of the study, it was concluded that in principle the application of the investigator's discretionary power to confiscate state assets in corruption cases is a must because the spirit of eradicating corruption is to restore lost state assets. This discretionary power must also be balanced with improving the quality and integrity of investigators, in particular.
The implementing the Role of the Police in Preventing Gambling Crimes Beny Fajar Sanjaya; Amin Purnawan; Aryani Witasari
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.389-395

Abstract

The objectives to be achieved in this study are to find out the factors causing the rampant gambling in the Kudus region, to determine the implementation of the role of the Kudus Resort Police in preventing gambling crimes and to find out what obstacles and solutions are in implementing the role of the Kudus Resort Police in preventing gambling crimes? The research method used in this study is a juridical-sociological approach. The data analysis method used in this study is qualitative analysis, which is a way of analyzing research results that produces analytical descriptive data. The conclusions in this study are the factors that cause the rampant gambling in the Kudus area: They, especially the small and poor people, feel uncertain about the future, and are not sure that with reasonable business results they can get balanced results They feel they do not get protection and The role of the Police in Combating Gambling in Kudus is extraordinary, so that the Kudus Polres can be said as one of the Polres that consistently eradicates Gambling indiscriminately. Kudus Police and Efforts: Obstacles originating from the community/outside the police. Obstacles that come from within the police.