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Journal : ULJLS

Implementation of Legal Culture toward Law Enforcement of Child Trafficking (Comparative Study of Indonesia and Australia) Nasution, Eva Syahfitri; Santoso, Topo; Marlina, Marlina; Rosmalinda, Rosmalinda
Ultimate Journal of Legal Studies Vol. 1 No. 1 (2023): Ultimate Journal of Legal Studies (ULJLS)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i1.12945

Abstract

This paper aims to analyze the influence of legal culture on criminal law enforcement in Indonesia and the implementation of legal culture on law enforcement for the crime of trafficking in children by conducting comparative studies in Indonesia and Australia. This research is qualitative and descriptive and uses literature studies to obtain secondary data. This research is limited only to how the implementation of legal culture affects enforcing the law on the crime of trafficking in children by conducting comparative studies in Indonesia and Australia. From the research, it was found that the legal culture is very influential on law enforcement in a country. When implemented in law enforcement, the effectiveness of the legal culture can be seen. Law enforcement itself has three concepts, namely the total concept (full enforcement concept), which is full (full enforcement concept). A comparison of the legal culture in enforcing the law on the crime of trafficking in children between Indonesia and Australia can be seen from the first two perspectives, from the cultural point of view of law enforcement officers. Second, it can be seen from the legal culture of Indonesian society that most of them still adhere to a patriarchal culture, while Australia adheres to what is called an egalitarian culture.
Reversal of Burden Proof as a Reform of Criminal Law Eradicate Money Laundering Azizah, Hanifah; Santoso, Topo; Husein, Yunus; Mulyadi, Mahmud
Ultimate Journal of Legal Studies Vol. 1 No. 2 (2023): Contemporary Legal Issues
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v1i2.13758

Abstract

One of the efforts of the Indonesian government in reducing money laundering is to pay special attention in terms of proof, namely with the reverse proof system.  Over time, the reversed proof system in the Corruption Law is still regulated even though the Corruption Law has undergone many changes. Although it has been included in positive law, in practice this proof is not applied thoroughly and there are still obstacles in its application. This research seeks to answer in what cases the reverse burden of proof is applied and what are the obstacles in its application. This type of research is normative juridical. The results of the study resulted in the merging of corruption cases with money laundering can be considered to provide its own advantages in handling corruption cases. More actors are ensnared including corporations. Maximum punishment, streamlining the return of state assets can impoverish corruptors. Legal culture that has not adapted to the new system, reverse evidence is not clearly regulated in the law.