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Journal : Rechtsidee

The Breaking Down Political Corruption: The Urgency of Progressive Law Enforcement Abdul Wahid
Rechtsidee Vol 9 (2021): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v9i0.774

Abstract

Political corruption is one of the legal phenomena in the form of corruption carried out by involving political actors or power actors. Political corruption is a phenomenon that occurs in almost all parts of the world and is a global problem. This study aims to explore the value and substance of progressive law as a solution in dealing with political corruption in Indonesia. This research is a normative legal research. This research specifically prioritizes socio-legal aspects, namely non-legal aspects that can enlighten and clarify the description of problems in political corruption. The legal materials used are primary legal materials which include: the Corruption Law, the Amendment to the Corruption Crime Act, and the UNCAC ratification law. Secondary legal materials include the results of studies and research on political corruption in Indonesia, and non-legal materials include various non-legal studies and analyzes related to political corruption that support this research. The approach used is a statutory approach as well as a conceptual approach. The results of the study confirm that the urgency of progressive law in breaking down political corruption needs to be carried out because the orientation of progressive law does not only focus on rules, but also emphasizes behavioral aspects. The orientation and formulation of progressive law in breaking down political corruption is to emphasize the behavioral dimension in the form of leadership and professionalism in terms of substance, structure, and legal culture.
Restorative Justice Arrangements in the Indonesian Criminal Justice System: A Contribution of Thoughts Abdul Wahid
Rechtsidee Vol 8 (2021): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v8i0.778

Abstract

The criminal justice system has an orientation to involve various components to prevent the occurrence of criminal acts. In the practice of criminal law, the idea of ​​restorative justice has emerged in the practice of law in Indonesia. This study aims to initiate the regulation of restorative justice in the Criminal Procedure Code as part of the criminal justice system's development. This research is normative legal research oriented to the study and analysis of positive law. This study examines the legal issue, namely the legal vacuum in the regulation of restorative justice in the Criminal Procedure Code. The study results confirm that restorative justice is part of the criminal justice system, especially in the aspect of the criminal justice system process, which effectively and efficiently strengthens the orientation of the legal process effectively and efficiently in criminal law enforcement. In this context, restorative justice is part of the development of legal theory and practice and an effort to revive the value of local wisdom in Indonesian criminal law. The Ius constituendum or future arrangements related to restorative justice in the Criminal Procedure Code need to be carried out so that the Criminal Procedure Code can guide the implementation of formal law in Indonesia that has Indonesian aspirations, especially with the application of restorative justice in practice as well as the pouring of restorative justice in the Criminal Procedure Code which is essential to ensure legal certainty as well as provide a dimension of harmony for restorative justice arrangements