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The Relevance of Supreme Court Regulation No. 1 of 2020 in Efforts of State Losses Refund through Restorative Justice Niko Jaya Kusuma; Firganefi Firganefi; Muhammad Farid
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2434

Abstract

The government has moved quickly to find a legal breakthrough related to reducing corruption in Indonesia. One of the efforts made by the government is through the Supreme Court to eradicate corruption is the enactment of Supreme Court Regulation No. 1 of 2020 concerning Guidelines for the Criminalization of Articles 2 and 3 of the Law on the Eradication of Corruption Crimes. The consideration is that the imposition of a crime must be carried out with due regard for the certainty and proportionality of punishment to realize justice based on Pancasila and the Republic of Indonesia's 1945 Constitution. The objectives of the Supreme Court Regulation prioritize victim’s losses to be recovered. Moreover, the regulation proportional benefits in imposing penalties on criminal cases is compatible with the Restorative Justice approach. The restorative justice process is expected to be a legal breakthrough in restoring state finances, with dealing with Criminal Corruption Cases focusing on efforts to restore state finances as a whole rather than just prosecuting the perpetrators. Thus, the purpose of this research is to determine how relevant Supreme Court Regulation No. 1 of 2020 are to efforts to recover state losses through restorative justice. This research employs both a normative and an empirical legal approach. Data were gathered through literature reviews and field studies and analyzed qualitatively. The present study confirmed the author's thoughts about the relevancies of Supreme Court Regulation No. 1 of 2020 to recover state losses through restorative justice as Supreme Court Regulation No. 1 of 2020 play a role as a law enforcement's main element as a legal substance.
ANALYSIS OF THE FULFILLMENT OF RESTITUTION RIGHTS FOR CHILD VICTIMS OF SEXUAL VIOLENCE CRIME Mohammad Reza Khatami; Firganefi Firganefi; Malicia Evendia
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.297

Abstract

Victims of a crime are often children, especially crimes of sexual violence. Sexual violence against children will have a detrimental effect. Impact on health problems and prolonged trauma problems. Children who are victims of criminal acts of sexual violence can cause physical and psychological injuries that must be healed and cared for. The form of legal protection for children who are victims of criminal acts of sexual violence is to provide the right of restitution as the perpetrator's responsibility to fulfill the rights of children who are victims of criminal acts. Decision of the Tanjung Karang High Court No.133/Pid/2021/PT Tjk, convicting the perpetrators of only half of the demands of the Public Prosecutor. This shows that criminal justice in Indonesia is still only focused on giving law to criminals so that the fulfillment of victims' rights cannot be fulfilled optimally. The results of the research show that there are regulations related to restitution but the regulations doesnt guarantee the rights of children as victims because these regulations are unclear in regulating the mechanism for implementing restitution. So that the obstacle is that law enforcement officers are still focused on the basic punishment rather than the rights of victims.
Pengkhianatan Prinsip Keadilan Dalam Tindak Pidana Penggunaan Dokumen Palsu Pada Pemilihan Anggota DPRD Evan Sammuelson Belvanio; Deni Achmad; Firganefi Firganefi
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.241

Abstract

The act of falsifying documents in general elections is a serious violation of the basic principles of democracy and legal regulations governing the democratic process. In politics, document falsification not only impacts specific individuals or groups, but also substantially undermines the integrity and legitimacy of the democratic process as a whole. From a legal justice perspective, such actions violate the basic principles that should govern the integrity of elections, threatening the foundations of democracy itself. By using fake documents, individuals or groups can manipulate election results in unfair ways, leading to a reduction in public trust in democratic institutions. Moreover, such actions create doubts about the legitimacy and fairness of the election process, which is the main foundation of an effective democratic system. In the case mentioned, Dr. Sihabuddin Chalid, M.M., Pd. bin (late) Khalid Noor, deliberately created fake documents to become a candidate for DPRD members, which directly violated Law Number 7 of 2017 concerning General Elections. Therefore, strict law enforcement is very important to prevent abuse of political power and maintain public trust in government institutions.
Residivis Kejahatan Penyalahgunaan Narkotika Perspektif Teori Kontrol Sosial M. Zidan Ardana; Maya Shafira; Firganefi Firganefi; Gunawan Jatmiko; Damanhuri Warganegara
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.165

Abstract

Narcotics abuse is a very dangerous thing, because in addition to having an impact on the user's personal self, he will become addicted and his life will depend on narcotic substances, which if not prevented (treated), the type of narcotics that will be used will become stronger. and the larger the dose. Recidivism is the behavior of a person who repeats criminal acts after being sentenced by a judge's decision which has permanent legal force because of criminal acts that have been committed previously. The problem approach used is an empirical juridical method supported by a normative juridical approach. The data collection technique is that primary data is obtained through interviews with research subjects and secondary data is collected by reviewing through literature studies such as statutory regulations, books or literature, and journals. Data analysis uses qualitative data analysis. The factors that cause recidivism in narcotics abuse crimes are internal factors and external factors. Internal factors consist of uncontrollable desires, behavior, diligent praise, easily frustrated, and the character itself. External factors that cause someone to repeat the crime of narcotics abuse include environmental and social factors, economics, information and communication technology, and family factors. Efforts to overcome the recidivism of narcotics abuse that can be carried out are pre-emptive efforts, preventive efforts and repressive efforts.