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All Journal Jurnal Sosial dan Teknologi Journal of Social Research Journal Of World Science Edunity: Kajian Ilmu Sosial dan Pendidikan Return : Study of Management, Economic and Bussines INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Teknologi Jurnal Indonesia Sosial Sains Journal Research of Social Science, Economics, and Management Asian Journal of Social and Humanities Cognitionis Civitatis et Politicae Sharia Oikonomia Law Journal
Riswadi Riswadi
Universitas Borobudur
Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Public Health Social Sciences

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Legal Reconstruction of Non-Conviction-Based Asset Forfeiture for State Loss Recovery from Corruption Crimes Adhitya Anugrah Nasution; Riswadi Riswadi
Return : Study of Management, Economic and Bussines Vol. 3 No. 11 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i11.293

Abstract

The confiscation of assets without criminal prosecution has become a crucial mechanism in the fight against corruption in Indonesia, particularly in cases where prosecution is hindered by the death or absence of the perpetrators. Despite being permitted under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, its implementation faces significant challenges, primarily stemming from legal uncertainty and gaps in regulatory frameworks. This study aims to address these issues by examining the existing regulations, identifying deficiencies, and proposing legal reforms to enhance asset recovery mechanisms. Utilizing a normative method approach, this study analyzes national regulations and compares them with international practices, particularly those outlined in the United Nations Convention Against Corruption (UNCAC) 2003. The results highlight that the current laws lack clarity and comprehensiveness, leading to inconsistent application and difficulties in recovering state assets. The study recommends legal reconstruction, including amendments and additions to existing laws, to bridge these gaps. By adopting international best practices, Indonesia can improve its legal framework, ensuring more effective asset recovery and fostering greater public trust in the legal system. This study underscores the need for robust legal reform to strengthen the eradication of corruption and uphold justice.
Legal Uncertainty for Police Members in the Limits of Positions Outside the Police Anwar Sunarjo; Riswadi Riswadi
Journal of World Science Vol. 3 No. 12 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i12.1243

Abstract

This research examines the legal uncertainties surrounding restrictions on police officers holding positions outside the police institution, focusing on the analysis of Law Number 2 of 2002 concerning the Indonesian National Police. Using a normative legal research method with legislative and conceptual approaches, the study reviews relevant legal provisions and principles of legal certainty and separation of powers. Key findings reveal significant regulatory ambiguities in defining permissible external roles, enforcement mechanisms, and conditions under which police officers may hold such positions. These gaps contribute to overlapping authorities, legal inconsistencies, and potential conflicts of interest. The study concludes by recommending specific policy revisions, including clarifying legal provisions, strengthening oversight mechanisms, and establishing clear criteria for permissible external roles. These measures aim to enhance legal certainty, maintain institutional integrity, and foster greater public trust in law enforcement.
Satreskrim Police Performance in Handling Land Crimes Suhadi Rizki Herdianto; Evita Isretno Israhadi; Riswadi Riswadi
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 1 No. 2 (2022): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1077.392 KB) | DOI: 10.58631/injurity.v2i1.15

Abstract

The main task of the State Police of the Republic of Indonesia is to maintain public security and order, to provide protection, protection, and services as well as to enforce the law as regulated in Chapter III Article 13 of Law Number 2 of 2002 concerning the main tasks of the Indonesian National Police. The law is the entire code of conduct that applies in common life, containing alluring rules that can be imposed with a sanction. The law implementation can take place formally and peacefully, but it can also occur because violations of the law must be enforced. Law enforcement by the police also includes criminal acts that occur in land dispute cases found in police jurisdictions throughout Indonesia.
Optimizing PKPU in The Reconstruction of Debt Restructuring Mechanisms Based on Preventive Principles Against Liquidation in Bankruptcy Law Patar Bronson Sitinjak; Riswadi Riswadi
Jurnal Sosial Teknologi Vol. 6 No. 6 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i6.32853

Abstract

The development of modern bankruptcy law has led to a paradigm shift from a liquidation approach to debt restructuring oriented toward business sustainability. The Suspension of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang/PKPU) in the Indonesian legal system is designed as a mechanism that provides negotiation space for debtors and creditors to achieve peace through restructuring. Implementation practices demonstrate a mismatch between normative objectives and empirical reality, in which PKPU often ends in bankruptcy; thus, its preventive function has not been optimally implemented. This study aims to analyze the normative construction of PKPU, identify implementation problems that cause distortion of the restructuring function, and formulate a reconstruction model based on preventive principles. The research method used is normative legal research with a statutory, conceptual, and comparative approach. The analysis is conducted on Law Number 37 of 2004 concerning Bankruptcy and PKPU, modern bankruptcy legal doctrine, and preventive restructuring practices in other legal systems. The results of the study indicate a liquidation bias influenced by procedural design, the dominance of creditor interests in the voting mechanism, limited time for restructuring, and the absence of an adequate business feasibility assessment mechanism. Reconstruction is necessary through strengthening the preventive paradigm, reformulating the application threshold, implementing viability assessments, and balancing voting mechanisms to increase the chances of successful restructuring. Optimizing the PKPU is expected to strengthen the business rescue function, maintain going-concern value, and create a balance between economic efficiency and substantive justice within the Indonesian bankruptcy legal system.
Inconsistency in Imposing Sanctions on Drug Abuser with Narcotics Legislation Pambudi Pambudi; Riswadi Riswadi
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1694

Abstract

The inconsistent imposition of sanctions on drug abuse offenders in Indonesia highlights significant challenges in the enforcement of narcotics legislation. Despite comprehensive regulations, discrepancies persist in the fairness and uniformity of punishments. This research examines these issues by employing a normative juridical method with a statutory and conceptual approach. The study identifies gaps between existing legal provisions and their application, revealing legal loopholes that undermine the objectives of narcotics legislation. Findings indicate that while efforts to enforce strict laws exist, inadequate coordination among law enforcement agencies exacerbates the inconsistency. This research aims to evaluate these discrepancies and propose solutions to strengthen legal frameworks and enforcement mechanisms. By enhancing inter-agency collaboration and revisiting the sanctions framework, the study advocates for a more just and effective legal system to combat drug abuse. These recommendations are expected to bridge gaps in narcotics legislation, ensuring justice for offenders while promoting the rule of law.
Artificial Intelligence Governance Strategy in the Indonesian Regulation System, Offensive or Defensive? Indri Maria; Riswadi Riswadi
Sharia Oikonomia Law Journal Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v2i4.1643

Abstract

The Indonesian government unveiled its National Strategy on Artificial Intelligence (AI) in 2020, known as “Strategi Nasional Kecerdasan Artifisial”. This comprehensive plan addresses various aspects of AI, including ethical considerations, policy frameworks, workforce development, data ecosystems, and infrastructure for AI advancement. It’s important to note, however, that National Strategy serves as a guiding policy document rather than a legally enforceable set of regulations. However, this does not mean that the Indonesian government is absent from regulating AI technology. In Indonesia, there are currently applicable regulations relating to the use of AI, although not directly confronting AI Technology. This qualitative journal aimed to analyze comparative strategies for drafting government regulations in the era of Artificial Intelligence. This journal was prepared using a normative approach, with laws and other valid legal bases as sources. The data for writing this article were obtained from a document or library study by studying and analyzing library materials and related regulations related to research problems. In conclusion, we will compare offensive strategies that focus on driving positive outcomes, such as increased opportunity and profitability, and defensive strategies that aim to prevent negative outcomes and reduce risks. The government can develop a comprehensive strategy that enables both offensive and defensive objectives or choose between offensive and defensive strategies.
Co-Authors Adhitya Anugrah Nasution Afriyanto Afriyanto Ahmad Redi Anwar Sunarjo Askolani Jasi Dwi Asmoro Evita Isretno Israhadi Indri Maria Lingga Nugraha Miftahul Munir Muhenri Sihotang Pambudi Pambudi Patar Bronson Sitinjak Rospita Rufina Situngkir Suhadi Rizki Herdianto Sulaiman Amiruddin Sumartono sumartono Untung Saritomo