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MODEL PENGEMBALIAN ASET (ASSET RECOVERY) SEBAGAI ALTERNATIF MEMULIHKAN KERUGIAN NEGARA DALAM PERKARA TINDAK PIDANA KORUPSI Fatin Hamamah; Heru Hari Bahtiar
Mahkamah : Jurnal Kajian Hukum Islam Vol 4, No 2 (2019)
Publisher : IAIN Syekh Nurjati Cirebon

Corrupted state assets not only narrowly affect the state, but also harm the state and its people. The formal procedural approach through the current criminal procedure law has not been able to recover state losses. Whereas the state loss caused by corruption is a state asset that must be saved. Therefore, another way is needed to save the country's assets. Namely the return of assets of perpetrators of criminal acts of corruption (asset recovery). When looking at the country from the perspective of the victim, the state must obtain protection, in this case recovery from the losses suffered due to corruption. the guilty wrongdoing and the application of substitute criminal penalties as additional crimes and through civil lawsuits by optimizing the role of the state attorney's attorney

The Effectiveness of Imprisonment to Recidivists in Relation to the Role of Correctional Institutions in Prisoner Guidance System in the Perspective of Corrections Law Fatin Hamamah; Achmad Jumeri Pamungkas; Yayan Andriyati
UNIFIKASI : Jurnal Ilmu Hukum Vol 7, No 1 (2020)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v7i1.1876

The number of recidivist cases found in the society shows that the prisoner guidance system in correctional institutions is still not meeting its goals, especially as mandated in Article 2 of Law No. 12 of 1995 concerning Corrections. The problem discussed in this study was: how effective imprisonment is if it is related to the prisoner guidance system in correctional institutions, especially towards recidivists, so as to reduce the number of recidivists in Class II A of Correctional Institution, Kuningan District, West Java. This study applied a descriptive analytical method and a normative juridical approach. As results, it was found that the prisoner guidance system, especially for recidivists, was not yet fully implemented so that the goals of the Penal System, held in the context of establishing correctional prisoners to become fully human, be aware of their mistakes, improve themselves, and not repeat the crimes so that they can return to the society, can actively play a role in development, and can live reasonably as good and responsible citizens, have not been fulfilled. The goals of the penal system cannot be achieved yet especially because there is no separation of blocks between recidivist and non-recidivist prisoners, lack of correctional officers who have special skills needed in the field, negative views from the society, and limited facilities and infrastructure. Efektifitas Pidana Penjara terhadap Residivis dihubungkan dengan Peranan Lembaga Pemasyarakatan dalam Sistem Pembinaan Narapidana Perspektif Undang Undang Pemasyarakatan Banyaknya kasus residivis yang terdapat dalam masyarakat, menunjukan bahwa pembinaan terhadap Warga Binaan Pemasyarakatan masih belum memenuhi harapan kita semua. Khususnya sebagaimana yang diamanatkan dalam Pasal 2 Undang-Undang Nomor 12 Tahun 1995 tentang Pemasyarakatan. permasalahan adalah: seberapa efektifnya penjatuhan pidana penjara jika dikaitkan dengan sistem pembinaan terpidana di lembaga pemasyarakatan khususnya terhadap residivis sehingga dapat mengurangi jumlah residivis di Lembaga Pemasyarakatan Kelas II A Kuningan Jawa Barat. Metode penelitian ini menggunakan metode Deskriptif Analitis dan pendekatan yang dilakukan adalah Yuridis Normatif, dengan teknik pengumpulan data dilakukan dengan studi dokumen. Berdasarkan penelitian diperoleh hasil bahwa ternyata pembinaan terhadap narapidana khususnya residivis belum sepenuhnya dapat dilaksanakan sehingga tujuan dari Sistem Pemasyarakatan yang diselenggarakan dalam rangka membentuk warga binaan pemasyarakatan agar menjadi manusia seutuhnya, menyadari kesalahan, memperbaiki diri dan tidak mengulangi tindak pidana sehingga dapat diterima kembali dalam lingkungan masyarakat, dapat aktif berperan dalam pembangunan dan dapat hidup secara wajar sebagai warga yang baik dan bertanggung jawab belum terpenuhi. Khususnya yang menyangkut tentang pemisahan blok antara napi residivis dan non residivis, kurangnya petugas lembaga pemasyarakatan yang memiliki keterampilan khusus yang sesuai dengan kebutuhan lapangan kerja, pandangan negatif dari masyarakat serta keterbatasan sarana dan prasarana.

FAKTOR-FAKTOR YANG MEMPENGARUHI KUNJUNGAN IBU DENGAN BAYI KE PELAYANAN BABY SPA DI KECAMATAN INDRAMAYU Fatin Hamamah
JURNAL KESEHATAN INDRA HUSADA Vol 10 No 2 (2022): July-December 2022
Publisher : SEKOLAH TINGGI ILMU KESEHATAN (STIKes) INDRAMAYU

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36973/jkih.v10i2.410

In Indonesia, SPA is a necessity and a lifestyle that is in demand by various groups. The SPA industry in Indonesia is experiencing the third fastest and largest growth in the Asian region after India and China. Baby spa is a body spa treatment for babies that can be done in three ways, namely baby gymnastics, bathing and baby massage. These three stages are useful for training the baby's muscles and body strength, helping the development of the baby's respiratory system, relaxation, improving blood circulation and baby's digestion. This study aims to determine the factors that influence the visit of mothers with babies (Age 0-12 Months) to the Baby Solus Per Aquam Health Service (Spa) in the Indramayu District, Indramayu Regency. This research is a quantitative descriptive correlation, using a cross sectional study approach. The sampling method is Proportional Random Sampling. The data collection tool used is a questionnaire by means of interviews. The results showed that the knowledge variable was the most dominant factor related to the visit of mothers with babies to baby spa services in the Indramayu District in 2020 with an OR of 5,281. (3,762), baby weight (3,363) and family support (2,106). Suggestions for mothers and health workers to pay more attention to fulfilling stimulation and conducting child development checks for monitoring early detection

EARLY CHILDHOOD SEXUAL ABUSE: THE ROLE OF CRIMINAL LAW IN PROVIDING JUSTICE FOR VICTIMS Tris Mulyana; Fatin Hamamah
Jurnal De Jure Muhammadiyah Cirebon Vol 7 No 2 (2023): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v7i2.6977

Sexual abuse of young children is a form of crime that is very destructive, both physically and psychologically. In the context of criminal law, existing regulations are often questioned for their effectiveness in providing justice for victims. Theoretically, the concept of legal protection for children, especially in cases of sexual abuse, has been regulated in various national and international legal instruments. However, there is still a gap between the written law and its implementation in the field, especially in dealing with cases of sexual abuse against early childhood. The main problem discussed in this article is how criminal law is able to provide justice for victims of early childhood sexual abuse. The article also examines the challenges in the law enforcement process and the obstacles faced, including social stigma and lack of access to rehabilitation services for victims. The novelty of this research lies in the critical analysis of current criminal law mechanisms, along with proposed legal reforms to strengthen child protection. The main focus of the research is to assess the effectiveness of the criminal law in accommodating the needs of victims of early sexual abuse, especially in the context of post-traumatic rehabilitation and recovery. The purpose of this study is to explore the extent to which the criminal law in Indonesia has succeeded in providing justice for victims of early sexual abuse and to identify factors that hinder the effective implementation of the law. The research methodology used a qualitative approach with a case study method. Data was collected through in-depth interviews with legal practitioners, child protection activists, as well as a review of relevant legal documents. The research also analyzed several cases of early childhood sexual abuse to assess the application of criminal law at the practical level. The results show that although the criminal law in Indonesia has provided a basis for legal protection for children, implementation in the field still faces various obstacles, including weak coordination between law enforcers, lack of sensitivity to victims, and lack of rehabilitation efforts that focus on victim recovery. The implications of this research are expected to serve as a basis for policy makers to formulate concrete steps to improve the criminal justice system, including by increasing the role of rehabilitation services and providing specialized training for law enforcement officials in handling cases of sexual abuse against young children

INTEGRITAS AKADEMIK DAN PENEGAKAN HUKUM PIDANA: MENGKAJI PENYALAHGUNAAN KEKUASAAN DAN DAMPAKNYA PADA TENAGA AKADEMIK UNIVERSITAS R. Melly Sugiarti; Fatin Hamamah
Jurnal De Jure Muhammadiyah Cirebon Vol 7 No 2 (2023): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v7i2.6984

The enforcement of criminal law in a fair justice system is an essential element to ensure social justice and respect for human rights. However, abuse of power in the law enforcement process can have far-reaching effects, including in academia. This research examines the relationship between academic integrity and the potential for abuse of power in criminal law enforcement, and its impact on the performance of academic personnel at universities. In this context, abuse of power refers to unfair or arbitrary actions by law enforcement in handling criminal cases that can affect the atmosphere of academic freedom, professionalism and objectivity in higher education. This research aims to explore how injustice in law enforcement can disrupt the performance of academic personnel, create uncertainty, and reduce trust in the legal system. Using a qualitative approach, this study identifies the impacts that can arise in the interaction between criminal law and higher education institutions, and provides recommendations to strengthen academic integrity in the face of potential abuse of power

Divorce and Children Sexual Deviant Behavior from the Perspective of Criminal Law and Sustainable Development Goals Fatin Hamamah; Vasavvi Acharjya; Didi Sukardi
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 01 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i01.789

Divorce is a significant social phenomenon that affects the emotional and psychological development of children worldwide. Therefore, this study aims to (1) analyze the factors influencing children post-divorce sexual deviant behavior related to the International Sustainable Development Goals (SDG) policy, (2) examine the impact of divorce on children mental and emotional health, (3) explore the role of criminal law in protecting children from deviant behavior due to divorce, and (4) investigate solutions to reduce the negative impact of divorce on children. This study uses an empirical legal approach by analyzing a specific case in Cirebon, Indonesia. A qualitative method was also used, with data collected through in-depth interviews, legal document analysis, and case studies, contributing to a more comprehensive understanding of the problem. The results showed that divorce is a contributing factor to the emergence of sexual deviant behavior in children, mainly due to neglect, inadequate parental supervision, and exposure to a negative social environment. Furthermore, this study shows that the problem is exacerbated by an inadequate legal framework for child protection after divorce. The results contribute to SDG 3 Good Health and Well-being, SDG 5 Gender Equality, SDG 4 Quality Education, as well as SDG 16 Peace, Justice, and Strong Institutions by identifying the key factors influencing children's sexual deviant behavior after divorce. In conclusion, this study underscores the importance of implementing effective legal reforms and social programs to fulfill the needs of children affected by divorce. Policymakers and legal practitioners should foster international dialogue on enhancing children welfare and improving legal responses to divorce-related issues.

Cybercrime in Islamic Perspective: The Role of Islamic Education & Criminal Law in Combating Online Sexual Crimes Fatin Hamamah
Permata : Jurnal Pendidikan Agama Islam Vol. 6 No. 1 (2025): Permata : Jurnal Pendidikan Agama Islam
Publisher : Lembaga Publikasi Ilmiah Universitas Islam Bunga Bangsa Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47453/permata.v6i1.3067

This study aims to examine the phenomenon of cybercrime, especially online sexual crimes (cybersex), from an Islamic perspective and the role of Islamic education and criminal law in overcoming it. Online sexual crimes are increasingly growing along with the rapid progress of information and communication technology, which raises new challenges in the fields of law and morality. In this context, Islamic education and the criminal law system have an important role in preventing and eradicating such acts.This study uses a qualitative method with a descriptive analytical approach, collecting data from Islamic law sources and criminal law studies related to cybercrime at SMP Islam Plered Cirebon. The results of the study indicate that Islamic education can provide a strong moral foundation in preventing the misuse of technology, while Islamic and state criminal law offer strict sanctions for perpetrators of cybersex. The implementation of both in society is expected to create better awareness and self-control among individuals. The social implications of this study show the importance of integration between religious education and law in building a society that is aware of the negative impacts of technology. The role of families, educational institutions, and the government in providing education about the dangers of cybersex as well as strict law enforcement is needed to create a safe and responsible cyberspace. The results of this study have implications for the need to strengthen Islamic education and curriculum on digital ethics, reform the legal system, develop comprehensive prevention programs involving the role of parents, and increase digital legal literacy in society to deal with cybersex problems effectively. Keywords: Cybercrime; Islamic Education; Criminal Law; Online Sexual Crimes; Prevention

PERLINDUNGAN HAK ANAK TERSANGKA DALAM TAHAP PENYIDIKAN PERKARA PIDANA Indra Gunawan Simatupang; Fatin Hamamah; Maulana Kamal
Jurnal De Jure Muhammadiyah Cirebon Vol 9 No 2 (2025): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v9i2.8109

This study aims to analyze: (1) the legal framework governing the protection of human rights for child suspects during the investigation process; (2) the potential forms of human rights violations that may occur against child suspects during investigations; and (3) efforts to optimize the protection of human rights for child suspects at the investigation stage. This research employs a qualitative descriptive method using normative juridical and empirical juridical approaches. The data were obtained through library research utilizing primary and secondary legal materials, which were analyzed based on legal principles and the classification of statutory provisions within the prevailing legal system. The results of the study indicate that: first, the legal framework concerning the protection of child suspects’ rights refers to the Convention on the Rights of the Child, Law No. 23 of 2002 on Child Protection, and the Law on the Juvenile Criminal Justice System (UU SPPA). Second, the forms of human rights violations still found in practice include physical and psychological violence, limited access to legal assistance, detention of children without considering age requirements or the principle of ultimum remedium, and the lack of implementation of diversion. Third, efforts to optimize the protection of child suspects’ rights during investigations include enhancing the capacity of law enforcement officers, providing child-friendly facilities, strengthening legal and psychosocial assistance, improving inter-institutional coordination, and promoting public awareness and participation. In conclusion, the protection of human rights for child suspects requires a collective commitment from all stakeholders to realize a humanistic and just legal system. Keywords: Legal Protection; Human Rights; Child Suspect; Investigation; Criminal Law

Application of Restorative Justice in Cases of Domestic and Child Violence Fatin Hamamah
Journal of Law and Humanity Studies Vol. 1 No. 2 (2024): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/023vkr65

Restorative justice (RJ) is an alternative approach to resolving criminal cases that focuses on victim recovery, perpetrator rehabilitation, and community reintegration. In the context of domestic and child violence, this approach offers the potential for a more inclusive and sustainable resolution compared to traditional retributive approaches. However, there is debate about the effectiveness of RJ in cases of violence that have profound psychological and physical impacts on victims. The issue at hand is whether RJ can provide adequate justice without reducing legal protection for victims. This study offers novelty by examining the application of RJ in cases of domestic and child violence in Indonesia, where RJ laws and policies are still developing. The purpose of the study is to identify the challenges and opportunities for implementing RJ in these cases and to evaluate the extent to which this approach is able to create restorative justice for victims and perpetrators. This study uses a qualitative method with case studies on several cases of domestic and child violence resolved through RJ in various regions. The findings indicate that RJ can be effective in facilitating victim recovery, but its implementation requires a strong support structure, including professional counselors and clear legal protection. The conclusion of this study confirms that RJ has great potential in resolving domestic violence cases, but its implementation must be carried out carefully to ensure justice and protection for victims. The implication is that this study encourages policy makers to design a more comprehensive and inclusive RJ framework in handling domestic violence.

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