Claim Missing Document
Check
Articles

PERAMPASAN ASET SEBAGAI SANKSI TAMBAHAN : ANALISIS PENGEMBALIAN KERUGIAN NEGARA DALAM PENANGANAN TINDAK PIDANA KORUPSI DI INDONESIA Lisa Dwi Fitriyanti; Suwandono, Agus
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol. 3 No. 3 (2025): Juli : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/n9vpm692

Abstract

Corruption constitutes an extraordinary crime with systemic impacts on state stability and development, requiring non-conventional legal approaches for its enforcement. One of the developing instruments in corruption handling in Indonesia is asset forfeiture as an additional sanction to recover state losses. This research aims to analyze the legal position of asset forfeiture within Indonesia's criminal law system and its implementation mechanism in recovering state losses due to corruption. The Method employed is a juridical-normative approach with analysis of relevant legislation and case studies from court decisions that have obtained permanent legal force. The study results that asset forfeiture, both through criminal mechanisms and non-conventional approaches such as non-conviction bases asset forfeiture, has a strong legal foundation in corruption eradication efforts. However, its implementation still faces obstacles such as regulatory overlaps, weak inter-institutional coordination, and limited asset tracing capacity. The implications of this research emphasize the importance of reformulating asset forfeiture legal policies and strengthening institutions to become an effective instrument for optional state loss recovery.
Perlindungan Hukum terhadap Konsumen dalam Transaksi Jual Beli Properti dengan Sistem Pre-Project Selling Ditinjau Berdasarkan Hukum Positif di Indonesia: (Studi Kasus PT Hadez Graha Utama) Nandita Lilawanti, Shaleemar; Mulyati, Etty; Suwandono, Agus
Jurnal Hukum Lex Generalis Vol 5 No 9 (2024): Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The increase in the buying and selling of residential properties has led to intense competition between developers, who are trying to sell quickly with the use of the pre-project selling system. However, this system has a high risk for consumers, as happened in the sealing of Jatiasih Central City housing unit with PT Hadez Graha Utama as a developer who built housing illegally and resulting on harm to 260 consumers. Therefore, legal protection is required for consumers who are harmed both internally and externally. Based on Law No. 8 of 1999 concerning Consumer Protection and Law No.1 of 2011 concerning Housing and Residential Areas, consumers can file a Class Action lawsuit to the court demanding PT Hadez Graha Utama to be responsible for default and unlawful acts (PMH).
Penyuluhan Hukum Mengenai Fenomena Ajakan Gagal Bayar (Galbay) dalam Pinjaman Online Suwandono, Agus; Yuanitasari, Deviana; Harrieti, Nun
Jurnal Pengabdian Masyarakat (ABDIRA) Vol 5, No 3 (2025): Abdira, Juli
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/abdira.v5i3.871

Abstract

The phenomenon of encouraging online loan default is rampant on social media and has become a trend among online loan consumers in Indonesia. Encouraging people not to pay their online loans by defaulting is an illegal act that has the potential to harm fund recipients, fund providers, and online loan companies, thus necessitating legal understanding of online loans through legal education activities. The legal education method used in this community service initiative employs a Participatory Action Research (PAR) approach, aimed at providing legal understanding of the phenomenon of loan default in online lending to protect consumers in the financial services sector. The results of the community service activities through legal education have improved legal understanding of the legal aspects of loan default in online lending. Default actions taken by consumers will not resolve their online loan issues but may instead lead to legal consequences and risks for the consumers themselves. Consumers facing difficulties in repaying online loans should not default. Instead, they should resolve their issues by contacting the online lending company through complaint and dispute resolution mechanisms in accordance with consumer protection regulations in the financial services sector.
Peran Hakim Dalam Implementasi Konsep Restorative Justice Pada Perkara Pidana Dengan Perempuan Dan Anak Berhadapan Dengan Hukum Roro Nur Sabila; Suwandono, Agus
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol. 3 No. 3 (2025): Juli : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/285dzz08

Abstract

As a vulnerable group, the rights of women and children when dealing with the law are often neglected. So a system is needed in criminal acts that can focus on restoring the rights of women and children in conflict with the law, namely restorative justice. This study discusses the implementation of restorative justice for children and women in conflict with the law and the role of judges in realizing the concept of restorative justice. The type of research used is the normative juridical method through library studies. The results of the study show that the realization of the concept of restorative justice in criminal cases of women in conflict with the law is through the regulation of the Chief Justice of the Republic of Indonesia Number 1 of 2024. Meanwhile, the realization of the concept of restorative justice in criminal cases with children in conflict with the law is through the diversion system regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Supreme Court Regulation Number 4 of 2014. The role of judges must be based in moral values and justice. In implementing restorative justice, judges have their own procedures, which are regulated in the regulation of the Chief Justice of the Republic of Indonesia Number 1 of 2024.
PENYELESAIAN SENGKETA KONSUMEN TIDAK BERJENJANG DI BADAN PENYELESAIAN SENGKETA KONSUMEN DITINJAU BERDASARKAN HUKUM PELINDUNGAN KONSUMEN Suwandono, Agus; Harrieti, Nun; Darodjat, Rafan
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 1 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i1.694

Abstract

The consumer dispute resolution mechanism at the Consumer Dispute Settlement Agency is a non-tiered system for resolving consumer disputes. The purpose of this study is to determine and analyze the non-tiered consumer dispute resolution mechanism at the Consumer Dispute Settlement Agency, as well as its implications for consumer protection in consumer dispute resolution within the framework of consumer protection law. This research is a normative juridical study with descriptive analytical specifications. The results indicate that the non-tiered consumer dispute resolution mechanism at the Consumer Dispute Settlement Agency is based on an agreement between consumers and business actors. The non-tiered consumer dispute resolution mechanism at the Consumer Dispute Settlement Agency can cause uncertainty and a lack of legal protection for consumers in cases where no agreement can be reached on the form and amount of compensation in consumer dispute resolution through conciliation or mediation. Consumer dispute resolution through conciliation and mediation is highly dependent on consumer empowerment, awareness among business actors, and the good faith of the parties. Therefore, in order to provide opportunities for consumer dispute resolution at the Consumer Dispute Settlement Agency in stages, if the parties fail to reach an agreement, the dispute can be resolved through arbitration.