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The Urgency of the Asset Confiscation Law in on Effort to Restore State Losses Due to Corruption Agustina, Mela; Pertiwi, Nurfadilah Dwinanda; Angelica, Angelica; Waluyadi, Waluyadi; Nurhaqi, Ari
Journal of World Science Vol. 4 No. 5 (2025): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v4i5.1409

Corruption in Indonesia continues to cause significant state financial losses and erode public trust in governance. Traditional criminal sanctions such as imprisonment and fines have proven insufficient to deter corrupt actors, particularly due to the absence of a clear legal framework allowing asset confiscation without requiring a criminal conviction. This study examines the urgency of ratifying the Asset Forfeiture Law as a strategic tool to recover state losses resulting from corruption crimes. Employing a normative juridical approach, the study analyzes relevant laws, literature, and documentation using qualitative and prescriptive methods. Findings reveal that the Asset Forfeiture Law, through its in rem-based asset confiscation mechanism, addresses critical gaps by enabling the state to seize assets suspected of being derived from criminal acts regardless of the perpetrator’s criminal conviction. This progressive legal reform not only enhances law enforcement effectiveness but also reinforces social justice by preventing corrupt individuals from benefiting from illicit gains. The study underscores the need for coherent, comprehensive regulations aligned with international standards, facilitating more efficient asset recovery and strengthening public confidence in the legal system. The implications highlight the Asset Forfeiture Law’s role in advancing Indonesia’s anti- corruption framework and promoting good governance.

OPTIMIZATION OF THE "PROSECUTOR IN SCHOOL" PROGRAM THROUGH SOCIAL MEDIA IN CIREBON CITY Alfiana, Kartika; Firdaus, Firza Aulia; El Adawiyah, Fabiani Nur Ayesha; Azzahra, Lutvia Aulia; Waluyadi, Waluyadi
Jurnal Abdisci Vol 2 No 10 (2025): Vol 2 No 10 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v2i10.702

Abstract: Background. Low legal awareness among students is a serious challenge in creating a law-abiding generation. The "Prosecutor Entering School" program is present as an educational effort, but its implementation is still limited to only a few schools and has not yet reached a wider audience. Given the high use of social media among students, optimizing this program through digital platforms is an important strategy to expand the reach and effectiveness of legal counseling, especially in Cirebon City. Aim. This study aims to analyze the effectiveness of the "School Entrance Prosecutor" Program (JMS) in Cirebon City in increasing legal awareness among students and identifying optimal strategies that can later be applied at the Cirebon City District Attorney's Office. Methods. This study uses a normative juridical method approach. The data used are secondary and primary data. The data collection techniques carried out in this study were literature studies for secondary data and observation through interviews for primary data. Meanwhile, the data was analyzed qualitatively. Results. The results of this study show that digitizing the "School Entrance Prosecutor" Program through social media such as TikTok, YouTube, and Instagram is an effective strategy for delivering legal education in an engaging and easy-to-understand manner for students. Conclusions. This digitalization also expands the reach of legal education to various regions, making it more effective than previous methods. A structured digital strategy and periodic evaluations are needed to ensure the sustainability and effectiveness of the "Prosecutor Enters School" program in the long term.

APPLICATION OF THE LAW ERADICATION OF CORRUPTION IN THE CASE OF BANKING CRIMES IN THE REGIONAL PUBLIC COMPANY OF BANK PERKREDITAN RAKYAT BANK CIREBON Kamil, Insan; Prahidayat, Andrey Anandia; Putra, Gilang Pangestu; Firdaus, Fayed Alkadri; Waluyadi, Waluyadi
Jurnal Abdisci Vol 2 No 10 (2025): Vol 2 No 10 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v2i10.703

Abstract Background. Corruption is a part of special criminal law with different characteristics from general criminal law, especially in terms of procedural law procedures and the substance it regulates. The differences cover various aspects, including special provisions that deviate from the general criminal law norms. Aims. This study aims to determine how the Investigating Prosecutor applies the Law on the Eradication of Corruption in the case of Banking Crimes. Methods. This study uses a normative juridical method and is descriptive, using a qualitative approach to secondary data obtained from literature and documentary studies as the main data, and primary data obtained from interviews as supporting data. Result. The results of the study show that the basis for the Prosecutor's consideration of applying the Law on the Eradication of Corruption in Criminal Cases at Perumda BPR Bank Cirebon includes the politics of Indonesian law in eradicating corruption, the expertise of investigators in uncovering cases, the existence of state financial losses, the status of the suspect's position as an employee salaried by the state, and the fulfillment of elements in Article 2 and Article 3 of the Corruption Law. Conclusion. The Prosecutor's Office is crucial in enforcing the law, proving elements of criminal acts, and ensuring the return of state losses. In this case, the basis for the Prosecutor's consideration in applying the Corruption Crime Law (Corruption Law) in cases of misappropriation of customer funds and documents at Perumda BPR Bank Cirebon includes the politics of Indonesian law in the eradication of corruption Implementation. The government and OJK need to encourage auditor certification for SPI members, especially in financial auditing and forensic investigations. Each BPR is required to have an internal auditor who is competent in detecting financial irregularities, including suspicious transaction analysis.

Analysis of the Implementation of Restorative Justice in Handling the Crime of Theft of Children at the Cirebon City Police Melyssa, Dona; Fadiyah, Hamda; Fazria, Vitra Nur; Waluyadi, Waluyadi; Nurhaqi, Ari
Journal Of Social Science (JoSS) Vol 4 No 5 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i5.455

The rise in juvenile theft cases in Cirebon, Indonesia, underscores the need for restorative justice (RJ) as an alternative to punitive measures, aligning with child protection laws (SPPA Law No. 11/2012) and Perkapolri No. 8/2021. However, RJ’s implementation faces challenges, including social stigma and inconsistent adherence to rehabilitation principles. This study analyzes RJ’s effectiveness in handling juvenile theft at the Cirebon City Police, examining its compliance with legal frameworks and on-ground practicality. A normative-empirical approach was employed, combining analysis of national laws with primary data from police interviews and case observations. RJ implementation was effective in fostering victim-perpetrator reconciliation and reducing recidivism, contingent on voluntary agreements and mediator competence. Key barriers included limited public awareness, rigid legal thresholds for diversion, and resource gaps in facilitator training. The study advocates for policy reforms to expand RJ’s applicability beyond minor offenses, enhanced training for law enforcement, and community education to mitigate stigma. It contributes to localized RJ models in Indonesia’s juvenile justice system.

Law Enforcement Against Cyber Crimes in Indonesia: Analysis of the Role of the ITE Law in Handling Cyber Crimes Waluyadi, Waluyadi
Indonesian Cyber Law Review Vol. 1 No. 2 (2024): Indonesian Cyber Law Review
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/iclr.v1i1.5

Cybercrime in Indonesia is increasing along with the development of information technology. The Electronic Information and Transactions Law (UU ITE) is present as the main legal instrument to regulate and overcome various forms of cybercrime. However, the implementation and enforcement of laws related to the ITE Law are still controversial, especially in handling cases involving privacy, defamation , and hate speech in the digital space. This study examines the effectiveness of the ITE Law in enforcing laws related to cybercrime in Indonesia. This study aims to analyze the role and effectiveness of the ITE Law in combating cybercrime in Indonesia, as well as identifying the challenges faced in the law enforcement process. The research method used is normative juridical with a qualitative approach. Data were collected through literature studies that include analysis of laws, government regulations, and case studies of cyber crimes that have been legally processed in Indonesia. This study found that although the ITE Law has become an important basis for law enforcement against cybercrime, there are still weaknesses in its implementation, such as a lack of understanding of the law by law enforcers and ambiguity in the application of related articles. Several cases show that the ITE Law can be misused, so better legal reform and harmonization are needed to effectively address cybercrime.

IMPLEMENTATION OF PROTECTION FOR CHILD VICTIMS IN THE CRIMINAL JUSTICE PROCESS Putri, Gina Salsabila; Rofif, Harits Tirta; Fariz Pamungkas, Abid Nur; Afisa, Nadhila Shiba; Waluyadi, Waluyadi
Jurnal Abdisci Vol 2 No 8 (2025): VOL 2 NO 8 TAHUN 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v2i8.689

Abstract: Background. Aims. The purpose of this study is to evaluate the effectiveness of legal protection provided to child victims of abuse in the criminal justice process. This study uses a Normative Juridical approach. Methods. Secondary and primary data were used to sharpen the analysis. The data collection technique was library research for secondary data and observation for primary data. Meanwhile, the data was analyzed qualitatively. Result. The study's results show that children have the right to special protection and access to opportunities guaranteed by law for their physical, mental, and social growth and development. Conclusion. Children are protected in all aspects of life, including juvenile criminal justice, as Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA) regulates the protection of children who are victims of criminal acts. Implementation. To prevent child abuse, a comprehensive strategy and cooperation between stakeholders are needed, such as increasing the need for children's social interaction and strengthening the communication bond between parents and children.

REVITALIZATION OF THE PROSECUTOR'S OFFICE IN BUILDING A FAIR JUSTICE SYSTEM Pratama, Lulu Padilah; Maharani, Rista Tiara; Nurul Afni, Icha Rahma; Waluyadi, Waluyadi
Jurnal Abdisci Vol 3 No 1 (2025): Vol 3 No 1 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v3i1.721

Abstract: Background. As a law enforcement institution, the prosecutor's office has a central role in upholding the rule of law, ensuring justice, and protecting the rights of the public. However, in practice, some challenges, such as low professionalism, lack of transparency, and the influence of political and economic interests, can hinder the prosecutor's office's performance in enforcing the law objectively. Aims. This research analyzes the approach to revitalizing the prosecutor's office, including institutional aspects and improving the supervision system. Methods. This study uses a Normative approach. This research for data collection was obtained from the analysis of legal documents, laws and regulations, and academic journals. Result. The results of the study show that the revitalization of the prosecutor's office through reform of the recruitment system also found that challenges such as political intervention, lack of qualified human resources, and lack of coordination with other judicial institutions are still obstacles in realizing an independent and professional prosecutor's office. Conclusion. This research shows that strengthening accountability, improving the professionalism of prosecutors, and utilizing technology in legal administration can accelerate fair judicial reform. In contrast to previous studies that emphasized the institutional aspect of the judiciary in general, this study highlights the central role of the prosecutor's office in ensuring that the legal process runs objectively and independently. Implementation. Revising the prosecutor's office is a strategic step to build a fairer and more transparent judicial system. Therefore, revitalizing the prosecutor's office needs to be focused not only on structural reforms but also on innovations in governance and increasing public trust in the legal system.

RE-EXAMINATION OF THE SUSPECT IN THE PROCESS OF SUBMITTING EVIDENCE AT THE CIREBON CITY DISTRICT ATTORNEY'S OFFICE Aulia, Dhea Wardah; Mustofa, Abdul Azis; Mubarok, Uba Dawan; Waluyadi, Waluyadi
Jurnal Abdisci Vol 3 No 2 (2025): Vol 3 No 2 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v3i2.728

Abstract: Background. A good law enforcement process is the highest hope for the community, especially for justice seekers entangled in legal problems. Problems in the law enforcement process often occur at the pre-prosecution level. Aims. This study aims to analyze the process of re-examination by the Public Prosecutor against the suspect when handing over evidence at the Cirebon City District Attorney's Office. In Indonesian criminal procedure law, this process is regulated by Law No. 8 of 1981 concerning the Criminal Procedure Code and Law No.11 of 2021 concerning Amendments to Law No.16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia. Methods. This research identifies two main problems: (1) the juridical review of the re-examination by the public prosecutor, and (2) whether the process falls under the category of additional examination. The research method used in this research is empirical juridical. The legal research approach is conducted through literature study and interviews. Result. The results of this study indicate that the re-examination conducted by the Public Prosecutor is not part of the additional examination as stipulated in Article 30 paragraph (1) letter e of Law No. 16 of 2004. Implementation. Therefore, the actions of the Public Prosecutor in the process of handing over evidence are categorized as administrative and substantive research in the standard procedure before the case submission to the prosecution stage.

Law Enforcement Against Cyber Crimes in Indonesia: Analysis of the Role of the ITE Law in Handling Cyber Crimes Waluyadi, Waluyadi
Indonesian Cyber Law Review Vol. 1 No. 2 (2024): Indonesian Cyber Law Review
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/iclr.v1i1.5

Cybercrime in Indonesia is increasing along with the development of information technology. The Electronic Information and Transactions Law (UU ITE) is present as the main legal instrument to regulate and overcome various forms of cybercrime. However, the implementation and enforcement of laws related to the ITE Law are still controversial, especially in handling cases involving privacy, defamation , and hate speech in the digital space. This study examines the effectiveness of the ITE Law in enforcing laws related to cybercrime in Indonesia. This study aims to analyze the role and effectiveness of the ITE Law in combating cybercrime in Indonesia, as well as identifying the challenges faced in the law enforcement process. The research method used is normative juridical with a qualitative approach. Data were collected through literature studies that include analysis of laws, government regulations, and case studies of cyber crimes that have been legally processed in Indonesia. This study found that although the ITE Law has become an important basis for law enforcement against cybercrime, there are still weaknesses in its implementation, such as a lack of understanding of the law by law enforcers and ambiguity in the application of related articles. Several cases show that the ITE Law can be misused, so better legal reform and harmonization are needed to effectively address cybercrime.

The Neurolaw Perspective on Criminal Responsibility of Children in Indonesia Rahmawati, Aulia; Isnaeni, Shifaniya; Hilda Laela, Cahya; Asmara, Teddy; Waluyadi, Waluyadi
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v10i5.59359

This study examines the relevance of the neurolaw approach in the juvenile justice system in Indonesia. Neurolaw combines neuroscience and law to understand the relationship between children's brain development and criminal responsibility. The focus of the research is the juvenile justice system regulated under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which primarily emphasizes biological age without considering neurological aspects. The research method employed is a normative juridical approach with legislative and neuroscience perspectives. The findings indicate that the juvenile justice system in Indonesia has not fully accommodated children's neurological development, thereby posing a risk of imposing punishments that are not aligned with the child's condition. This study recommends revising the Juvenile Criminal Justice System Law to incorporate neurocognitive evaluations in the judicial process to create a more accurate and evidence-based system

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