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All Journal Jurnal Ilmiah Hukum dan Dinamika Masyarakat Pena Justisia: Media Komunikasi dan Kajian Hukum UNTAG Law Review Jurnal Ilmiah Dunia Hukum Jurnal JURISTIC (JuJUR) Journal Philosophy of Law Jurnal Suara Pengabdian 45 Perigel: Jurnal Penyuluhan Masyarakat Indonesia Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia International Journal of Law and Society
Eva Arief
Fakultas Hukum Universitas 17 Agustus 1945 Semarang
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Rationality Test of The Application of Criminal Law on Restitution for Victim Protection in The Criminal Justice System Faozi, Safik -; Arief, Eva -
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5328

Abstract

The purpose of this study is to explain the rationality test of restitution imposition for victim protection in the criminal justice system. The ongoing criminal justice system shows a shift in perspective from being offender-oriented to a criminal justice system that also pays attention to aspects of victim protection. Various court decisions show the fulfillment of victim rights through the imposition of restitution, but there are also court decisions that do not impose restitution, so that the criminal justice system still applies victim protection that is abstracted into community protection. This fact is interesting to study from the approach of criminal law policy that is required to be rational. Based on a literature review of the rationality of criminal sanction policies, and the development of a criminal justice model that is accommodative for victim protection, and the juridical-normative method with the specification of inconreto legal research, there are variations in the imposition of restitution, namely being subject to restitution and not being subject to restitution in the ongoing criminal justice system. The rationality test of restitution is based on the realization of the objectives of protection and recovery of victims of sexual violence. The rationality test explains that restitution as a tool/means of realizing the criminal objective of restoring balance that concretely improves the suffering and losses experienced by victims of sexual violence, improves the perpetrator, and resolves the conflict between the perpetrator and the victim. The criminal justice system that applies restitution to victims of sexual violence opens itself up to allow victims to obtain restitution. The procedural criminal justice system provides a means for victims of sexual violence to obtain restitution as a right. The Law on Protection of Witnesses and Victims and the Law on Sexual Violence Crimes, and the Declaration of Basic Principles of Victim of Crime and Abuse of Power have determined restitution to victims of sexual violence both in the trial process and after a court decision after it has permanent legal force.
Efforts to Overcome Illegal Fishing Practices as a form of Criminal Action in The Economic Field Arief, Eva -; Siti Mariyam
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5329

Abstract

Indonesia is an archipelago with a larger water area than land, which produces abundant marine wealth which is a strategic potential for national economic development. Geo-politically, Indonesia has a very strategic role because it is located between the Asian continent and the Australian continent, as well as the Pacific and Indian oceans, placing Indonesia as the world's maritime axis in the context of global trade connecting the Asia-Pacific region with Australia. Indonesia is often faced with various security issues and violations of the law in Indonesia's marine territory, including illegal fishing, which causes significant losses. Illegal fishing is a form of illegal action that can have an impact on the country's economy. Therefore, illegal fishing can be qualified as an economic crime. Illegal fishing can be classified as property crimes because its existence clearly threatens the safety of the State's property or wealth. Thus, the qualification as an economic crime is more on the basis of consideration of the consequences/loss caused to the state economy.
Harmonizing National-International Investment Laws For Indonesian Society Welfare Realization Eva Arief; Ema Nurhayati
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 1 JANUARI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This research analyzes harmonization efforts between Indonesian national law and international agreements in the investment field as an instrument to realize societal welfare. This study is normative juridical research with statutory, conceptual, and comparative approaches. The research method was conducted through literature study of primary, secondary, and tertiary legal materials analyzed qualitatively. The research results show disharmony between national investment regulations and Indonesia's commitments in international agreements, particularly in aspects of non-discriminatory treatment, protection of foreign investors, profit repatriation, and investment dispute resolution mechanisms. The main obstacles to harmonization include inconsistent interpretation of international agreement provisions in national court decisions and overlapping authorities between state institutions in implementing international commitments. The research found that the implementation process of international investment agreements into national law remains partial and fragmentary, thus creating legal uncertainty for investors. Consequently, investment targets that can promote societal welfare are not achieved optimally. The research suggests four key recommendations for harmonizing Indonesia's investment law: (1) revising Law No. 25 of 2007 to better integrate international investor protection standards while preserving national policy flexibility, (2) establishing inter-ministerial coordination mechanisms between the Ministry of Law and Human Rights, Ministry of Foreign Affairs, and BKPM to ensure policy coherence, (3) developing an Indonesian bilateral investment treaty model that balances investor protection with adequate regulatory space for public welfare, and (4) harmonizing sectoral regulations with investment law and international commitments to eliminate policy inconsistencies and legal uncertainty for investors, all implemented through a phased approach that prioritizes welfare-oriented investment governance while maintaining international credibility.
Co-Authors Agus Wibowo Edi Pranoto Edi Pranoto, Edi Ema Nurhayati Ema Nurhayati Falah, Ashhabul Faozi, Safik - Islam, Muhammad Saiful Muawafah Muhamad, Riza Nur Novia Mungawanah Riyanto, M. Siti Mariyam WL, Tyaswati