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All Journal JURNAL HUKUM Jurnal Hukum IUS QUIA IUSTUM Undang: Jurnal Hukum Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan Indonesian Journal of International Law Jurnal Hukum Prioris Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Author: Hanafi
Universitas Islam Indonesia
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

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The Urgency Of Criminalizing Illicit Enrichment And The Prospect Of Its Law Enforcement In Indonesia Fitri Maharani; Hanafi Amrani
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The UNCAC has regulated illicit enrichment in Article 20 as the acquisition of improper assets by public officials whose legitimate origin cannot be proven. Indonesia has ratified the convention, which imposes a mandatory obligation to regulate illicit enrichment as a criminal offense. However, until now, Indonesia has not yet criminalized illicit enrichment. This study aims to determine the urgency of criminalizing illicit enrichment and the prospects for its law enforcement in Indonesia. This research is normative legal research with descriptive qualitative data analysis. The results of this study show that the criminalization of illicit enrichment is important to do because of international obligations as a logical consequence of the ratification of UNCAC. Furthermore, the criminalization of illicit enrichment is an effort to reform the law, especially anti-corruption law enforcement in Indonesia, including the optimization of asset recovery mechanisms. The prospect of law enforcement that can be projected for the criminalization of illicit enrichment can be studied through the perspective of material criminal law which requires delict and sanction arrangements, as well as in the perspective of formal criminal law, which requires the LHKPN report as initial evidence, the application of reversal burden of proof, and NCB asset recovery.
Penegakan Hukum Dan Faktor Yang Mempengaruhi Terhadap Pelaku Tindak Pidana Politik Uang Dalam Pemilihan Umum Muhammad Alfata Birza; Hanafi Amrani
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

One of the election criminal offenses that almost always occurs during general elections is money politics. Gakkumdu as an institution tasked with handling election crime cases will not remain silent. Gakkumdu has taken various preventive measures. The data released by Bawaslu shows that Gakkumdu's handling efforts have not been successful, so there are questions about Gakkumdu's performance and the problems he faces in enforcing the law on election crime violations, especially related to money politics. So how is law enforcement against perpetrators of criminal acts of money politics in general elections and what factors influence law enforcement of criminal acts of money politics in general elections The method used in this research is Empirical legal research because the subject of this research is an interview with the authorities in Bawaslu RI. The approach used is a quantitative approach using primary data, secondary data, and tertiary data. The results show that, first of all, Law No. 7 of 2017 concerning General Elections has regulated the procedures for handling criminal acts in the 2024 Elections through law enforcement of election crimes called Sentra Gakkumdu, consisting of elements of Bawaslu and or its ranks to the District Panwaslu, the Indonesian National Police and or its ranks to the Resort Police, and the Attorney General's Office of the Republic of Indonesia and or its ranks to the District Attorney's Office. However, in reality, the existence of the Gakkumdu Center does not make the law enforcement process for criminal acts in the 2024 Elections effective, because it turns out that many reports or findings of election crimes fail to be processed until examination in court due to disagreements between the three elements in the Gakkumdu Center as a result of unclear arrangements in Law No. 7 of 2017 on Elections Second, there are several reasons why Gakkumdu faces difficulties in handling violations of the criminal act of money politics. The first is the legislation factor. Second, law enforcement factors Third, community factors.
Co-Authors Fitri Maharani Muhammad Alfata Birza