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All Journal Jurnal Dinamika Hukum PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Ensiklopedia of Journal Unes Law Review Buletin Ilmiah Nagari Membangun Pagaruyuang Law Journal UNES Journal of Swara Justisia Journal of Law, Poliitic and Humanities Lex Publica Semar : Jurnal Sosial dan Pengabdian Masyarakat Ekasakti Journal of law and Justice Ekasakti Legal Science Journal Jurnal Sakato Ekasakti Law Review
Otong Rosadi
Ekasakti University Master Of Law Program, Padang, Indonesia
Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Physics Public Health Social Sciences Veterinary Other

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Restorative Justice Approach in Resolving Corruption Cases Based on State Financial Loss Recovery in Indonesia Donny Haryono Setyawan; Iyah Faniyah; Otong Rosadi
Ekasakti Journal of Law and Justice Vol. 2 No. 1 (2024)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/e060xt69

Abstract

Efforts to recover state losses due to corruption are carried out through additional criminal payments as stipulated in Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001. These efforts have not succeeded and have given rise to other problems in law enforcement, namely arrears in substitute money, budget inefficiencies, and overcapacity in prisons. Therefore, other methods are needed as alternatives in dealing with corruption. This research study is about optimizing the recovery of state financial losses due to corruption crimes carried out with a restorative justice approach and the existence of restorative justice in corruption crimes based on state financial recovery. The specification of this study is descriptive analytical, with a normative juridical approach supported by an empirical juridical approach. Based on the results of the study, restorative justice is optimal in recovering state financial losses and community losses, because recovery of state financial losses or community losses is a condition for solving corruption crimes with a restorative justice approach. This optimization causes the resolution of corruption crimes using a restorative justice approach to be more effective in preventing arrears of new substitute money than if cases were resolved through the courts, effective in overcoming the problem of budget inefficiencies in handling corruption cases with small losses, and effective in preventing the addition of new prisoners / prisoners in prisons that are already overcapacity. The existence of restorative justice in corruption crimes based on the recovery of state financial losses is only limited to policies that are at the stage before the investigation or pre-investigation. The settlement is in the form of a decision whether an investigation is carried out on a corruption report or not. The decision to be taken depends on the factor whether loss recovery has been made or not. If the loss has been recovered then the report is not continued to the investigation, otherwise if the loss is not recovered then an investigation is carried out (ultimum remedium).
The Investigation Process of Plantation Crimes in the Production Forest Area Afwanul Bahri; Ismansyah; Otong Rosadi
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/fejz4v77

Abstract

Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction regulates the unauthorised use of the area. The investigation process of the criminal offence of plantation in a production forest area by investigators at the West Pasaman Police Satreskrim begins with receiving a report. Plantation activities without a business permit in the Production forest area, in Jorong Pigogah Patibubur Nagari Air Bangis, Sungai Beremas District, West Pasaman Regency. After checking the crime scene, it was found that there were palm oil plants aged 1 (one) to 2 (two) years and a wooden hut. Taking the coordinate points shows that the crime scene is included in the production forest area and the reported party cannot show legal legality, so this can be used as preliminary evidence by the investigator. The investigation period was deemed insufficient by investigators to complete the investigation of the case. In addition to running away, the suspects often use the mode of claiming to be indigenous people around the forest. They claim that the land used as a plantation is customary land/customary forest. The obstacles in the investigation process of plantation crimes in production forest areas by investigators at the West Pasaman Police Criminal Investigation Unit are the location of the crime scene which is far from residential areas, the difficulty of reaching the location or crime scene (TKP) to handle criminal cases, the facilities used are still limited as well as the number of members who handle various incidents with the guidance of time all must be fulfilled. The lack of budget makes it difficult to bring in expert witnesses to provide testimony. Experts are needed, especially forest damage experts, legal experts, and planologists. The lack of maximum supporting facilities, such as GPS devices that function to find out the coordinates of the crime scene are only available 2 pieces. This is not proportional to the number of forestry crime cases handled by investigators.
The Effectiveness of the Performance of the Directorate of Vital Object Security of the West Sumatra Regional Police on the Security Level of the Padang-Sicincin Toll Road Construction Yossa Indra Kurnia; Otong Rosadi
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/kvr4ns29

Abstract

This research is a legal research with descriptive analytical specifications. The performance of the Directorate of Vital Object Security of the West Sumatra Regional Police in securing the construction of the Padang-Sicincin toll road is to maintain the safety of vital objects around the toll road and ensure the safety of workers and construction facilities so that the construction process is not disrupted. Conducting regular escorts at several conflict-prone points, especially in areas that reject toll road traffic. Crime prevention in the project area. Obstacles in the Performance of the Directorate of Vital Object Security of the West Sumatra Regional Police in securing the construction of the Padang-Sicincin toll road include limited personnel with special competencies to handle complex disturbances, lack of supporting facilities, such as modern communication equipment and patrol vehicles. Lack of coordination between the police and related institutions. Unclear procedures in handling conflicts. The effectiveness of the performance of the Directorate of Vital Object Security of the West Sumatra Regional Police on the level of security of the construction of the Padang-Sicincin Toll Road has been effective as seen from the success of placing personnel to carry out routine patrols and supervision throughout the project. Success anticipates social conflicts, crime, and environmental protests. Successful physical security, solid coordination.
Co-Authors Abdi Abdul Kadir Jailani Adhi Wibowo Adhi Wibowo Afdhal Bustami Afrinal, Afrinal Afrizal, Dedi Afwanul Bahri Ahwan Fanani Aji Wibowo Aji Wibowo Ali, Yoddizal Andrisno, Robi Anggraini, Nicel Riza Anriady Ardila, Mirza Ariwibawa, Kokoh Aswad Satria Awi Ramadani Azan Fujiyanto Bahary, Syamsul Bilsofer Hikman Bisma Putra Pratama Bustami, Afdhal Darmini Roza Darmini Roza Dedi Afrizal Desi Fitria Desi Fitria Dewi Nadya Maharani Donny Haryono Setyawan Edi Harto Edi Karan Prianto Edminuddin Edminuddin Edminuddin, Edminuddin Edwar, Ricky Ekasaputra, Marrio Fahmiron Fahmiron Fahmiron, Fahmiron Fandri Irawan Febria, Thomas Ferdi Ferdi Ferdi Ferdi, Ferdi Ferdianto Purna Fitri, Iusticia Fujiyanto, Azan HARTO, EDI heince sagitarisa Helen, Zennis Hendra Hendra Hendra Hendra Hendra Jesastra Saragih Hendra Saputra Hikman, Bilsofer Ilham Putra Irwan Sukma Ismansyah Ismansyah Ismansyah Ismansyah Ismansyah Iyah Faniyah Iyah Faniyah Iyah Faniyah Iyah Faniyah, Iyah Jailani, Abdul Kadir Kadir Jailani, Abdul Kokoh Ariwibawa Leo Murphi M. Fauzal Manao, Tiyer Desting Mardianto Marrio Ekasaputra Masri, Reni Masrizal, Buyung Muhammad Reza Muhammad Reza Mulyanda, Satria Mulyawan, Fitra Mulyawana, Fitra Murphi, Leo Neni Vesna Madjid Prianto, Edi Karan Purna, Ferdianto Rahmat Hidayat Rahmat Hidayat Ramadani, Awi Ramadhan, Puja Ramadhana, Teuku Ramadhani Ricky Edwar Rufi'i sagitarisa, heince Sahnan Sahuri Siregar Sahnan Sahuri Siregar Sahnan Sahuri Siregar Saputra, Sigit Saragih, Hendra Jesastra Satria, Aswad Setyawan, Donny Haryono Siregar, Sahnan Sahuri Siska, Diana Siti Nurmala Siti Nurmala Sukma, Irwan Sulistyowati Sulistyowati Susi Delmiati Sutrisno, Sutrisno Syahrial Syamsul Bahary Vesna Madjid, Neni Widia Wiliandri Wiliandri, Widia Yardi, Novry Yoddizal Ali Yossa Indra Kurnia