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Journal : Ipso Jure

Bargaining for Punishment in Corruption Crime: Toward Justice from a Victimology Perspective Gussman, Angga Aldilla; Hafrida, Hafrida; Usman, Usman; Lasmadi, Sahuri; Sudarti, Elly; Rahayu, Sri
Ipso Jure Vol. 1 No. 11 (2024): Ipso Jure - December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/be8qn325

Abstract

Corruption is an extraordinary crime that causes significant losses to the state, both materially and immaterially, which has a broad impact on the economic, social and political stability of a country. As the main victim in corruption crimes, the state bears the burden of recovering the losses incurred. The concept of bargaining for punishment offers an alternative approach in corruption law enforcement by allowing the perpetrator to reduce the sentence through the return of state losses. This research aims to analyze the application of the concept of bargaining for punishment in the context of Indonesian criminal law, especially in realizing justice and benefits for the state as a victim. The method used is Normative Juridical legal research, this research discusses the relevance of bargaining for punishment in bridging the interests of the state for the recovery of losses with the principles of criminal justice. The results show that the application of this concept can accelerate the case settlement process, reduce the burden on the justice system, and maximize the return of lost state assets. However, the application of bargaining for punishment must be closely monitored so as not to harm the principle of justice, especially in dealing with perpetrators with a significant level of guilt. Bargaining for punishment has the potential to become a strategic mechanism in eradicating corruption in Indonesia, provided that it is applied proportionally by considering aspects of justice, expediency, and legal certainty. This research recommends strengthening regulations and guidelines for the implementation of bargaining for punishment to ensure optimal recovery for the state as victims of corruption crimes
Implementation of Criminal Law Enforcement Against Environmental Pollution in Indonesia Hafrida, Hafrida; Rakhmawaty, Dessy; Herlambang, M. Ricky Putra
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.41

Abstract

Criminal law enforcement is an important instrument in protecting and managing the environment in a sustainable manner. This study aims to analyze the application of criminal law to environmental pollution based on Law Number 32 of 2009 and identify obstacles in its implementation. The focus of the study includes the effectiveness of criminal sanctions against polluters and factors that hinder the optimization of law enforcement. The method used is empirical juridical with a qualitative approach, through interviews, observations, and document studies at the Jambi City Environmental Office. Research shows that criminal law enforcement has not been running optimally. The administrative and restorative justice approach is more dominant, but it has not been effective in having a deterrent effect. The main obstacles include weak coordination between institutions, limited resources, and low awareness of business actors on environmental document obligations. In addition, the permissive legal culture and the infrequent application of criminal sanctions also weaken law enforcement. There is a need to strengthen synergy between agencies, increase the capacity of law enforcement officials, and balance between repressive and restorative approaches. More effective criminal law enforcement is expected to improve legal compliance and provide real protection for the environment.
Co-Authors Adinda Farah Anisya Adrienne Dwi Syahfiradella Aga Anum Payudhi Aga Hanum Praydhi Ahmad Ridha Andi Najemi Andi Najemi, Andi Andreas Agung Angga Aldilla Gussman Azrina, Nikmatul bt Ab. Kadir, Noor Aida Bustanuddin . Daulay, Nisrina Ramadhani Dessy Rakhmawati Dheny Wahyudi Dimas Pangestu Elisabeth Siregar, Elisabeth Elizabeth Siregar Elly Sudarti Erwin Erwin Erwin Erwin Erwin Erwin Erwin Ferdian, Tomy Fernanda, Vuzio Fransisco, Wawan Gussman, Angga Aldilla Haryadi - Haryadi Haryadi Hazariga, Adam Helmi Helmi Helmi Helmi Herlambang, M. Ricky Putra Herry Liyus Hidayat, Faisal Hutauruk, Jasa Alex Parlinggoman Ivan Fauzani Raharja Liyus, Herry Lukas Permadi Orlando Beremanda Maharani, Puan Mahendra, Bovin Tri Maryati Maryati Matondang, Cristien Meli Indah Sari Moch. Reza Restu Prihatmaja Mohamad Rafiq Mohamad Rapik Muhammad Zhafran Rahman Munandar, Tri Imam Nelli Herlina Nys. Arfa Pebrianto, Dony Yusra Permatasari, Bunga Pibrezia, Pibrezia Powa, Tamara Adriani Prasna, Adeb Davega Pratiwi Dwi Saputri Putra, Naufal Ibnu Ghazy Rakhmawati, Dessy Rakhmawaty, Dessy Retno Kusniati Retno Kusniati Reza Saputra, Fahreyz Rikmadani, Yudi Anton Rizki, Khana Amalia Rizky Amalia Rosmidah Rosmidah Sabri, Ahmad Zaharuddin Sani Ahmad Sahuri Lasmadi SAPUTRA, BENY Sasmiar Sasmiar Shafira, Pinkan Tania Siregar, Elizabeth SRI RAHAYU Sri Rahayu Sudarti . Sulistiani Sulistiani Sutoto, Sukamto Tri Imam Munandar Usman Usman Usman Usman Ussi Astika Anggraeni Utary, Sisi Delica Vuzio Fernanda Wahyuning Robbi, Suci Wulandari, Sacra Resti Yulia Monita Zulham Adamy