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All Journal Tadulako Law Review Jurnal IUS (Kajian Hukum dan Keadilan) Indonesian Journal of International Law Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Indonesia Law Review (ILREV) Jurnal Hukum dan Pembangunan
Nathalina Naibaho
Universitas Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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CRIMINAL SANCTION IN ADMINISTRATIVE LAW: A RIGHT WAY TO GO?(APPLYING CRIMINAL SANCTION IN ADMINISTRATIVE ACT) Naibaho, Nathalina
Tadulako Law Review Vol 4, No 1 (2019)
Publisher : Tadulako University

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Abstract

This article is questioning the problems of formulating criminal sanction in administrative act to solve legal problems in economic activities. This discussion is important, particularly with respect to the heterogeneity of regulations in economic activities. This research argues that this heterogeneity creates legal uncertainty which in turn broader discretion in resolving legal problems in economic activities. This paper will identify the criteria of the offense, which should have criminal sanctions and/or administration in practice law by conducting a review of development of the offenses and sanctions that will influence criminal law in the future.
CRIMINISTRATIVE LAW: DEVELOPMENTS AND CHALLENGES IN INDONESIA Naibaho, Nathalina; Harkrisnowo, Harkristuti; AR, Suhariyono; Wibisana, Andri Gunawan
Indonesia Law Review Vol. 11, No. 1
Publisher : UI Scholars Hub

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Abstract

The borderlines between core criminal law and administrative law developed in such a way that it became increasingly difficult to draw a clear and a firm category while dividing line between those. The category of a measure as administrative or criminal is far from being theoretical as it preconditions the applicable legal regime and especially the level of procedural safeguards benefiting to those sanctioned. This paper is questioning the gray area belonging to something in between criminal and administrative law and discussing the rule and the role of criminal law and administrative law in action when the later comprehend punitive administrative sanctions. Several circumstances need to be considered in order to determine the appropriate sanction to fill the gap. This article also suggests the use of “una via principle” as an approach to unpack the gray area in the role of criminal and administrative law, specifically in tax law case.
Human Trafficking in Indonesia: Law Enforcement Problems Naibaho, Nathalina
Indonesia Law Review Vol. 1, No. 1
Publisher : UI Scholars Hub

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Abstract

Human Trafficiking is considered as a crime against humanity. To conduct the due process of law towards cases related with human trafficking, the law enforcement officers cannot work by themselves. They really need assistance from many parties – such as active report from the society – as a valuable information to disclose such cases. Law enforcement conducted towards woman and child trafficking is still ineffective. It is proven by many existing cases, that low number of processed cases before the court and minimum sanction convicted to the perpetrators is clearly evident. Factors which are deemed to have correlation with low attempt of law enforcement towards legal case on this case, among others are: Lack of the Government’s commitment to fight against the crime of human trafficking, in the event that the ineffectiveness in utilization of prevailing laws and regulation; Lack of capacity of professionalism of law enforcement agency (and relevant parties) in handling women and child trafficking at the field. This may be caused by lack of knowledge on infringed regulation. For that matter, those law enforcement agency shall be given socialization and an SOP (standardized operational procedure), so that there will be no inconsistency in handling the existing cases.
PENJATUHAN KEBIRI KIMIA BAGI PELAKU KEJAHATAN SEKSUAL TERHADAP ANAK DALAM PERSPEKTIF FALSAFAH PEMIDANAAN S, Tunggal; Naibaho, Nathalina
Jurnal Hukum & Pembangunan Vol. 50, No. 2
Publisher : UI Scholars Hub

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Abstract

Sexual assault against children is an phenomenon that often occurs in Indonesia. The statistic shows that the number of sexual assault against children doesn't decrease significantly. Punishment is not the only way to control the number of sexual assault against children. Then, the goverment passed new regulation that regulating of chemical castration in hope of reducing the number of sexual crimes against children. However, the presence of chemical castration raises objections and differences of opinion in various circles. This research aims to determine the sentencing purpose of chemical castration and the proper sanction for imposing chemical castration in Indonesia. This research is a normative study using documentary studies in the form of secondary data with interviews as a complement. The research was found that the purpose of punishment from chemical castration was for rehabilitation, with notes that the chemical castration treatment is dropped for the sexual offender against children with pedophilia.
Effects of Legislation Overlapping Regarding Transnational Crime Prasetio, Imam; Naibaho, Nathalina; Yudhy, Dhianti Afifah Nabila
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 1: April 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i1.1145

Abstract

Globalization has a dominant role in the trade of goods/services, people, technologies, and information. The globalization targets are cultural, economic, and political globalization. Unintentionally, problems arise in society, such as transnational rights issues (transnational crime) caused by globalization. The most common transnational crime is sexual exploitation, which occurs in both men and women. Therefore, regarding the handling of TIP in Indonesia, complementary and correlated regulations or legislation are needed to eradicate TIP. Considering that currently, there are regulations that overlap with each other. As happened in the criminal act of trafficking in persons and the law on the protection of Indonesian migrant workers, the two laws should synergize to prevent, handle, and eradicate TIP. Thus, law enforcers can also be maximal in carrying out their duties, especially in taking action against TIP perpetrators.
Perampasan Aset dalam Upaya Pemulihan Aset Hasil Tindak Pidana Korupsi di Indonesia Dhiavella Asy’ari, Khairunnisa; Naibaho, Nathalina
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2792

Abstract

Corruption is a criminal offense that causes disproportionate losses to state finances or the economy of a country and inhibits the growth and continuity of national development. According to the Indonesian Corruption Watch (ICW), the total loss of Indonesian state finances due to corruption in 2023 is 28.4 trillion rupiah. This paper discusses the asset forfeiture policy as a form of law enforcement that can be carried out in an effort to recover assets against corruption crimes through civil law mechanisms, which are also carried out in conjunction with criminal enforcement, to maximize the return of state losses due to corruption crimes.
Victim Protection and The Dynamic Situation of Human Trafficking: Indonesia Experience Naibaho, Nathalina
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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Abstract

Human trafficking is a global issue. It can arise in the context of national and/or transnational acts and are regulated by national and transnational criminal law mechanisms. However, in trafficking in person cases there are links between human trafficking and other related crimes such as drugs trafficking. Meanwhile, Indonesia has enacted laws which provide mandatory protection for victims of human trafficking. It also has mandatory drug laws which, in some cases, subject to the death penalty. This legislative conflict together with investigative and prosecutorial failure risks the conviction of human trafficked victims who are used as drug dealers in organized crime activities. The drugs offenders will sentence under the criminal law if the act of the offender fit with the element of crime under narcotic law. This paper will examine the intersections between victimology and Indonesian laws which the recent cases before Indonesian courts have demonstrated that enacted laws are not being applied properly which allows for the protection of trafficked victims forced into the drug trafficking. Dynamic situation that has been the highlight is a principle which is contained within Indonesian legislation, and which reflects the emerging norm of non-prosecution of victims in international legal discourse. This article suggests a new approach to statutory interpretation with the need for effective mechanisms that, if adopted, will enable Indonesia to lead a new approach to victim protection.
Co-Authors Andri Gunawan Wibisana AR, Suhariyono Dhiavella Asy’ari, Khairunnisa Harkristuti Harkrisnowo Prasetio, Imam S, Tunggal Yudhy, Dhianti Afifah Nabila