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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.
Penegakan Hukum Dalam Penanggulangan Kejahatan Penyalahgunaan Senjata Tajam Oleh Anak Dibawah Umur Wanda Monica Putri Salsabila; Emilia Susanti; Gunawan Jatmiko; Maroni Maroni; Muhammad Farid
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 2 (2024): April : 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.v1i2.101

Abstract

The aim of this study to understand efforts in combating crimes involving the use of sharp weapons and the inhibiting factors influencing underage individuals in misusing sharp weapons. The method used was a normative juridical approach and an empirical juridical approach with a qualitative research type. Primary and secondary data sources were used. The research results show that the police in preventing and dealing with crimes involving sharp weapon abuse committed by children use a pre-emptive approach, the police focus on identifying potential risks that could cause children to be involved in the misuse of sharp weapons. The preventive approach involves outreach and education activities in the community to increase public awareness about the negative impacts of sharp weapon abuse by children. This study is only related to tackling sharp weapon crimes committed by children. This research contributes by identifying and analyzing various risk factors that contribute to underage individuals engaging in the misuse of sharp weapons, aiding in the development of preventive strategies.