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Application Of Additional Criminal Sanctions In The Form Of Restitution In Corruption Offences In Indonesia Renghat Sinaga; H Abdul Razak Nasution
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.130

Abstract

One way to restore the lost state corruption is to impose additional punishment in the form of restitution payments. This effort provides results in the form of income to the state treasury from the payment of restitution. Of the several convicts who have been deposited the amount of restitution payments. Restitution as an additional punishment in corruption cases must be understood as part of the efforts to punish those who violate the law that is violated is a further act of corruption. Corruption has resulted in poverty so that the perpetrators of corruption must be sentenced to payment of restitution due to corruption that has occurred so far, in addition to harming state finances and the state economy, it also hampers the continuity of national development.The type of research conducted in the preparation of this research is normative juridical, which is viewed from the object of research is positive law that examines the rules of law governing criminal acts of corruption in an effort to prevent the prevention of criminal acts of corruption. The data obtained in this research will be analysed qualitatively in accordance with the specification of the nature of the research to examine between theory and practice in the form of criminal acts of corruption in an effort to prevent the prevention of criminal acts of corruption. Qualitative data analysis is to explore social facts not only on the surface but also to explore what actually happens behind the real events. Corruption that results in state financial losses in the concept of eradicating corruption is all expenditures or uses that are a burden on state finances where the expenditure or use of state money is based on unlawful acts, including reduced income or income to state finances based on unlawful acts, unlawful acts that result in state financial losses must be caused by acts that contain the nature of criminal law (wederrechtelijk). The imposition of restitution payments in the eradication of corruption as stipulated in Article 18 of the Law on the Eradication of Corruption is a means that can be applied to realise recovery efforts or recovery of state finances caused by corruption, restitution payments are imposed on the perpetrators of corruption in the amount of property obtained from corruption and the amount of property that has been transferred by the perpetrator to other parties where the other party is not prosecuted and does not commit acts against criminal law (wederrechtelijk).
EFFORTS TO ERADICATE MOBILE PHONES IN CLASS II A LANGKAT NARCOTICS PRISON INSTITUTION AS AN EFFORTS TO PREVENT DISTURBANCES TO SECURITY AND ORDER IN PRISON Amriza Putra; Abdul Razak Nasution; Mhd. Azhali Siregar
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.99

Abstract

This study aims to determine: 1) What is the basis of the regulations governing the prohibition of mobile phone use in correctional institutions and how it is implemented. 2) What is the SOP for carrying out raids on mobile phone use in correctional institutions. 3) What are the legal sanctions given to prisoners who use mobile phones in correctional institutions. The research methodology used in this writing is an empirical legal method, namely an approach that examines secondary data first and then continues with conducting primary data research. The results of the discussion are as follows: 1) The basis of the regulations governing the prohibition of mobile phone use in correctional institutions is regulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 8 of 2024 Article 24 paragraph (2) letter b and Article 26 letter i, as well as the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 6 of 2013 Article 4 letter j. The implementation of this prohibition involves strict supervision by correctional officers. 2) The SOP for carrying out raids on mobile phone use in correctional institutions is carried out by officers which begins with an assembly to provide direction for the implementation of the raid. Furthermore, a search of the blocks and residential rooms was carried out, officers removed one by one the prisoners/detainees who were in the targeted residential rooms while simultaneously conducting a body search. 3) The legal sanctions given to WBP who use cellphones in correctional institutions as regulated in Article 46 paragraph (3) letter f of the Indonesian Minister of Law and Human Rights Regulation Number 8 of 2024 are grouped into light sanctions in Article 45 paragraph (3), moderate sanctions in Article 45 paragraph (4), and heavy sanctions in Article 45 paragraph (4).
Hukum Dalam Pendidikan Islam: Sebuah Metode Penyelesaian Sengketa di Luar Pengadilan Sebagai Alternatif Penyelesaian Sengketa Antar Masyarakat Nagori di Kabupaten Simalungun Siregar, Abdul Rahman Maulana; Nasution, Abdul Razak
Edukasi Islami: Jurnal Pendidikan Islam Vol. 12 No. 001 (2023): Edukasi Islami: Jurnal Pendidikan Islam (Special Issue 2023)
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v12i001.5584

Abstract

Penelitian ini bertujuan untuk menganalisis metode penyelesaian sengketa di luar pengadilan yang tidak lepas dari konteks hukum Islam sebagai alternatif penyelesaian sengketa antara Masyarakat Nagori di Kabupaten Simalungun. Pendidikan Hukum Islam telah menjadi metode penyelesaian perselisihan di luar pengadilan dan menjadi fokus dalam mencari dan menemukan solusi yang lebih cepat dan berkelanjutan untuk menyelesaikan dan menyelesaikan perselisihan antar masyarakat. Dapat disimpulkan bahwa hukum dalam perspektif Islam tidak hanya sekedar berupa peraturan perundang-undangan yang dibuat oleh negara (state law), namun juga hukum yang berupa peraturan keyakinan yang berasal dari suatu kepercayaan masyarakat (hukum adat/hukum rakyat). , termasuk juga mencakup mekanisme pengaturan dalam masyarakat (self-regulation) yang juga berfungsi sebagai alat kontrol sosial. Selain itu, hukum dalam pendidikan Islam merupakan salah satu metode penyelesaian sengketa di luar pengadilan yang sangat penting dalam upaya mengurangi beban pengadilan dan mewujudkan penyelesaian sengketa yang lebih cepat dan berkelanjutan.
Public Governance of Value-Based Public Policy: Indonesia’s Halal Certification in a Global Regulatory Context Razak Nasution, Abdul; Bahmani, Mohsen
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 1 (2026)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18600647

Abstract

How can states design and implement value-based public policies while honoring multilateral trade commitments? Indonesia’s mandatory halal certification regime provides a revealing case. This article examines the policy-making challenges involved in designing certification requirements that reflect societal values and public morals while maintaining consistency with World Trade Organization (WTO) disciplines. The analysis explores how the Agreement on Technical Barriers to Trade (TBT) and GATT Article XX(a) shape the policy space available for value-based public policies affecting international trade. Evidence from WTO TBT notifications and Specific Trade Concerns (STC ID 502) indicates persistent tensions related to non-discrimination, necessity, and transparency. These tensions, however, do not necessarily result in zero-sum outcomes. Through proportionate policy design, risk-based implementation, and strategic international cooperation, domestic policy objectives can be pursued alongside international regulatory consistency. The article develops a governance framework encompassing tiered recognition mechanisms, enhanced transparency, technological innovation, and cooperative standards development. The findings contribute to debates on public governance by illustrating how international regulatory frameworks constrain, yet do not eliminate, national policy autonomy.
HARMONISING NATIONAL ECONOMIC SOVEREIGNTY AND INTERNATIONAL TRADE STANDARDS THROUGH THE RECOGNITION OF THE CONSTITUTIONAL RIGHTS OF INDIGENOUS COMMUNITIES TO NATURAL RESOURCES Abdul Razak Nasution; Muhammad Juang Rambe; Rahul Ardian Fikri
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 1 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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

Abstract

The application of extraterritorial non-tariff barriers within the international trade framework, such as the European Union Deforestation Regulation (EUDR), gives rise to jurisdictional conflicts regarding the principle of permanent sovereignty over the natural resources of developing countries. Such unilateral policies have implications for the vulnerability of the protection of the constitutional rights of Indigenous Peoples (IP) within the governance of commodity supply chains at the domestic level. This study aims to analyse the alignment of a state’s economic sovereignty with global environmental standards through the fulfilment of IP customary rights. Using a normative legal research method with legislative, conceptual, and policy analysis approaches, this study finds that legal mitigation of international market regulations is inadequate if it relies solely on a formal compliance approach within the Indonesian Sustainable Palm Oil (ISPO) instrument and the National Dashboard system. Legal loopholes resulting from procedural obstacles to establishing MHA status in regions risk legalising land tenure that is legally flawed for the sake of meeting certification requirements. Harmonisation of the legal system requires the enactment of specific legislation (lex specialis) on MHA, the establishment of Free, Prior and Informed Consent (FPIC) as an absolute prerequisite for business licensing, and the integration of indigenous territory mapping into the national geospatial database. This legal framework serves as a guarantee of domestic rights certainty whilst also functioning as a legitimate strategic diplomatic instrument in countering environmental protection justifications used as barriers to global trade.
REGULATORY AUTONOMY OF DEVELOPING COUNTRIES IN THE INTERNATIONAL TRADE LEGAL SYSTEM: NORMATIVE AND INSTITUTIONAL CHALLENGES Abdul Razak Nasution; Muhammad Juang Rambe; Rahul Ardian Fikri
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

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Abstract

This study examines the legal relationship between trade liberalization commitments within the framework of the World Trade Organization (WTO) and the right of developing countries to regulate. The expansion of the WTO’s scope into domestic jurisdictions has legal implications for the policy space of developing countries in the process of formulating national legislation, particularly in the sectors of public health and environmental protection. Using a doctrinal legal research methodology, this study examines general exceptions, Special and Differential Treatment (S&DT), and the jurisprudence of the Dispute Settlement Body (DSB). The research findings outline three key points. First, legal recognition of regulatory autonomy is subject to certain normative limitations. The necessity test and empirical standard of proof under the SPS and TBT Agreements create an imbalance in the burden of proof for developing countries, which has the potential to affect the sustainability of the national legislative process (regulatory chill). Second, the S&DT principle, formulated to accommodate differences in economic capacity, tends to be declaratory in its application. This results in limitations on the binding force of the instrument as a legal basis for defense in dispute resolution. Third, legal interpretations by dispute settlement bodies have direct legal consequences for domestic autonomy. Furthermore, administrative constraints at the Appellate Body level and the implementation of the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) also affect the fulfillment of the principle of legal certainty at the appellate stage. This study concludes that the formulation of national legislation requires the fulfillment of a pre-formulation feasibility review (ex-ante assessment). Additionally, multilateral harmonization efforts are needed to fundamental legal justification.
Explainable Data-Driven Machine Learning for Identifying MBG Program Beneficiaries in Medan City Solly Aryza, Solly; Khowarizmi, Al; Furqon, Muhammad; Lubis, Zulkarnain; Nasution, Abdul Razak
Journal of Computer Science, Information Technology and Telecommunication Engineering Vol 7, No 1 (2026)
Publisher : Universitas Muhammadiyah Sumatera Utara, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/jcositte.v7i1.29560

Abstract

The effectiveness of social assistance programs depends heavily on the accuracy and transparency of beneficiary identification. In many urban areas, including Medan, challenges such as incomplete data, administrative bias, and inefficient targeting often lead to inclusion and exclusion errors in determining beneficiaries of the MBG (Makan Bergizi Gratis) program. This study aims to develop an explainable data-driven machine learning model to improve the accuracy and transparency of identifying eligible MBG program beneficiaries. The research employs a quantitative approach using socio-economic and demographic datasets collected from local government records, including variables such as household income, employment status, education level, household size, housing conditions, and access to public services. Several machine learning algorithms, including Random Forest, Gradient Boosting, and Logistic Regression, are implemented to classify potential beneficiaries. To enhance transparency and interpretability, the model integrates Explainable Artificial Intelligence (XAI) techniques, such as SHAP (Shapley Additive Explanations), to identify the most influential factors affecting eligibility predictions. The results demonstrate that the proposed data-driven model significantly improves the accuracy of beneficiary classification while providing interpretable insights into key socio-economic indicators influencing eligibility. The findings indicate that income level, employment status, household dependency ratio, and housing conditions are among the most critical determinants in identifying eligible recipients. The implementation of explainable machine learning models supports more transparent and accountable decision-making in social assistance programs. This research contributes to the development of data-driven governance by providing a robust analytical framework for improving the targeting efficiency of social welfare programs in urban areas. Practically, the proposed framework can assist policymakers and local government agencies in designing fairer and more efficient beneficiary identification systems for the MBG program in Medan City, ultimately supporting better resource allocation and improved social welfare outcomes.