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All Journal Veteran Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum
Anisa, Tasya
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Humanities Law, Crime, Criminology & Criminal Justice

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Partisipasi Masyarakat dalam Proses Pembentukan KUHP Nasional untuk Mewujudkan Negara Kesejahteraan sebagai Hukum Responsif Lawrencya, Sheryn; Anisa, Tasya
Veteran Law Review Vol 6 No 2 (2023): November 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6i2.6383

Abstract

The formation of legal products becomes a necessity in responding to the interests of society. The formation of regulations determines whether they are able to distribute comfort and welfare to the community or cause conflict. Get aspirations and agreements from the community is a form of responsive law. The participation of all elements of society is important in the process of producing legal products, especially the National Criminal Code which has been drafted since 1963, but there are still many controversial articles and cause debate in society. This writing uses research methods and data collection techniques in a normative juridical way to find better law and offer solutions to legal problems, by descriptive critical analysis with document study. DPR as the representative of the society has an important role in accommodating and following up on the aspirations of the society. Able to recognize the public's desire to realize the concept of a welfare state and responsive law. Further evaluation needs to be carried out in the legislative process by including the aspirations of the society.
Asset Forfeiture through Non-Conviction Based Asset Forfeiture and Management of Criminal Proceeds Assets: A Comparative Study with the United States and Thailand Anisa, Tasya; Nelson, Febby Mutiara
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4183

Abstract

Confiscation is based on the principle that the proceeds of crime must be confiscated, because the convicted person should not benefit from the crime he committed. The procedure for handling confiscated property is something that needs to be regulated. So it is very important in a rule to determine who is responsible for taking the seized goods and holding them, where they should be stored, and what will be done with them. This paper compares and contrasts the NCB non-conviction based asset forfeiture rules owned by Indonesia, the United States and Thailand as well as the responsibilities in managing assets based on the results of confiscation and confiscation owned by these countries. The selection of the United States as a comparison country in this paper is based on the fact that countries that adhere to the common law legal system have commonly practiced the concept of NCB asset forfeiture as an activity in confiscating and seizing assets and the United States has been implementing the concept for decades. While in the Southeast Asian region, Thailand is one of the countries that has long implemented the concept of NCB asset forfeiture and has an independent institution
Co-Authors Lawrencya, Sheryn Nelson, Febby Mutiara