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All Journal Jurnal Dinamika Hukum International Asia Of Law and Money Laundering (IAML)
Mega Jaya, Arizon
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Criminal Law Settlement Through Restorative Justice in Indonesia in Terms of Justice and Legal Certainty Mega Jaya, Arizon; Mega Jaya, Aristama
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i2.90

Abstract

The win lose solution nature of the criminal justice process often leads to disappointment. In addition, the judicial process, which is expected to be a formal way, turns out to be expensive, prolonged, tiring and sometimes does not solve the problem. From this phenomenon, efforts to reform the national criminal law are needed, one of which is the concept of "restorative justice". Therefore, the purpose of this research is to explain and analyse how Restorative Justice is resolved and to examine whether Restorative Justice has fulfilled the principles of justice and legal certainty. The research method used is normative juridical. The results of this study are Restorative Justice is carried out by means of a mediation and dialogue process by including victims, perpetrators, families of perpetrators / victims and other parties involved can work together to create an agreement for a fair and balanced settlement of the case for both parties whose purpose is to restore the situation to its original state and restore patterns of good relations in society. The implementation of case settlement through restorative justice as an alternative settlement of certain cases is in accordance with the purpose of the law itself, namely to fulfil the principles of justice and legal certainty.
The Indonesia Government's Strategy in Arrest and Confiscation of Criminal Corruption (Corruptor) Assets Abroad Mohas, Muhyi Mohas; Mega Jaya, Belardo Prasetya; Fasyehhudin, Mohamad; Mega Jaya, Arizon
Jurnal Dinamika Hukum Vol 21, No 3 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.3.2882

Abstract

Eradication efforts of corrupting in Indonesia have been carried out, but until now there are still many corruption cases that have not been resolved in various ways by the perpetrators or corruptors. Corruptors often drain the funds from the results of corrupting, even the corruptors then go or run abroad. This raises problems in the process of law enforcement and recovery of financial and economic losses in the country, namely the mechanism for returning assets resulting from criminal acts of corrupting abroad. Therefore, the objectives of this study are to (1) Explain how is Indonesia Government's strategy in arrest and confiscation of criminal corruption (corruptor) assets abroad. (2) Explain how is international treaties concerning the seizure of assets resulting from criminal acts of corrupting are abroad. The research method used in this research is qualitative with a juridical legal approach normative. The results showed that the cooperation between countries is the best strategy that can be done by the Indonesia government in overcoming problems of sovereignty. Some examples of these forms of international cooperation are extradition treaties (extradition), Mutual legal assistance in criminal matters (MLA). The mechanism for the return of assets in MLA consists of four stages of the asset return process (Article 46 Chapter IV, UNCAC).Keywords:  international cooperation; eradication of corruption; confiscation of assets; extradition; mutual legal assistance in criminal matters.
Co-Authors Fasyehhudin, Mohamad Jaya, Belardo Prasetya Mega Mega Jaya, Aristama Muhyi Mohas