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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Global Health Management Journal Indian Journal of Forensic Medicine & Toxicology Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Journal of Law and Legal Reform The Indonesian Journal of International Clinical Legal Education Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Jurnal Jurisprudence
Pujiyono
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Religion Humanities Education Health Professions Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health

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Journal : Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)

 1 
Efforts To Prevent Criminal Acts Of Corruption By The Repbulic Of Indonesia Prosecutor Office Trough The Return Of State Financial Losess Reviewed From The Value Of Justice Pratiwi, Rizky Ika; Pujiyono; Budi Ispriyarso
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June (2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.14714

Abstract

Corruption is a global challenge that crosses national borders and various sectors of development. This act of corruption is not only a threat to economic stability, but also becomes an obstacle in achieving sustainable development. The state has a responsibility to fulfill the rights to basic community needs in the context of public services. The Indonesian government, as mandated by the Constitution of the Republic of Indonesia regarding public services, has an obligation to build public trust in accordance with the demands and expectations of the community. This article discusses the problem of how the Prosecutor's Office attempts to recover state financial losses by perpetrators of criminal acts of corruption and the concept of recovering state financial losses based on the values ​​of welfare and justice. The method used in this writing is a normative research method. The results of this research are the efforts that can be taken by the Prosecutor's Office of the Republic of Indonesia to recover state financial losses caused by criminal acts of corruption, which can be started at the investigation stage. So that the implementation of a punishment based on the values ​​of welfare and justice will provide benefits to the state structure and improve the welfare of the Indonesian nation.
Penal Policy: Decriminalization of Election Crimes in Indonesia Muhammad Azil Maskur; Pujiyono; Irma Cahyaningtyas; Fikri, Wildan Azkal; Zadataqi, Faikar Sir
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December (2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.8831

Abstract

Several election crime articles in Law No. 7/2017 are suspected of causing injustice to subjects who commit election infractions, particularly civil servants, village heads, and election organizers. The potential for injustice arises because the imposition of election crimes on civil servants, village heads, and election organizers causes all three to receive double jeopardy, although double jeopardy is contrary to the constitution and human rights, meaning that enacting election crimes is unfair to all three. These intrigues should be resolved immediately to achieve legal justice for all three. To answer these dynamics, further research needs to be carried out to find out where the injustice lies and the appropriate solution to overcome it. This research utilizes normative legal or doctrinal to examine injustice and find appropriate advisers. The penal policy approach is the right measure to eliminate injustice in election crime articles in Law No. 7/2017. This injustice is precisely in Articles 490, 494, and 546 of Law No. 7/2017 which regulates criminal sanctions for civil servants, village heads, and election organizers who commit election crimes. Decriminalization of Articles 490, 494, and 546 of Law No. 7/2017 needs to be applied because the application of these three articles has caused civil servants, villages, and election organizers to receive double jeopardy, while double jeopardy is contrary to the constitution and human rights so that the application of these three articles is real injustice.
Co-Authors Adi Sulistiyono Arief Hidayatullah Khamainy Asep Syarifuddin Hidayat, Asep Syarifuddin Budi Ispriyarso Feka, Mikhael Fernando, Zico Junius Fikri, Wildan Azkal Hari Purwadi Indri Asra Ismanto Irma Cahyaningtyas Khamami Mahrus Ali Mikhael Feka Muhammad Azil Maskur Muhammad Ishar Helmi, Muhammad Ishar Nyoman Serikat Putra Jaya Pareke, JT. Pratiwi, Rizky Ika R.B Sularto Rani Tiyas Budiyanti Reny Suryanti Sularto, R.B. Taufik Hidayat Yitawati, Krista Zadataqi, Faikar Sir