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All Journal Al-Adl : Jurnal Hukum Yuridika
Rizal Faharuddin
Kejaksaan Republik Indonesia
Law, Crime, Criminology & Criminal Justice

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Restorative Justice for Corruption Cases the Settlement of Corruption Cases: is it Possible? Rizal Faharuddin; Jefferson Hakim
Yuridika Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i1.42511

Abstract

The Corruption Law of Indonesia regulate the return of the state’s losses suffered by state shall not exclude the criminal acts performed by the perpetrators. In practice, the state’s financial loss due to corruption is less than the cost of enforcing the relevant law. Furthermore, a corruption case requires manpower and lengthy process. Thus, the novel idea of settling minor state financial losses in corruption cases by means of returning the losses is considered more effective when applied with certain conditions. The research method of this study is normative judicial. The data used are primary, secondary and tertiary. This study argues that the concept of restorative justice could be applied to the settlement of corruption cases with minor state finance losses with certain conditions. The restorative justice approach to handling cases of corruption emphasises the restoration of the original state of affairs prior to the corruption, the application of restorative justice includes the stoppage of cases in the examination, investigation, and prosecution stages by considering the interest of the state, society, and other legal interests to be protected, the avoidance of negative stigma and retaliation, as well as society’s response to such as resolution.
PENGHENTIAN PERKARA DENGAN DENDA DAMAI PADA TINDAK PIDANA EKONOMI Rizal Faharuddin
Al-Adl : Jurnal Hukum Vol 16, No 2 (2024)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v16i2.14130

Abstract

AbstractThis study aims to determine the application of peace fines by the Attorney General's Office in the settlement of economic crimes, as well as to find the concept of case termination with peace fines in economic crimes, using progressive legal thinking and restorative justice. The research method used is normative with statutory and comparative approaches sourced from primary data. The results showed that peace fines by the Attorney General in the settlement of economic crimes can be carried out based on Article 35 Paragraph (1) letter K of the Law of the Prosecutor of the Republic of Indonesia, this is an implementation of the principle of Opportunity and the position of the Attorney General as Dominus Litis which has permanent legal force. This is in line with the application of case settlement with the principle of restorative justice which prioritises victim recovery. The concept of case termination with a peace fine for taxation, customs, and economic crimes, is carried out with the principle of restorative justice, which is carried out by taking into account the interests of state revenue, there are no elements of corruption, and with the approval of the Attorney General by considering the impact caused by the criminal act, the costs and benefits of handling the case, as well as the guilty statement of the perpetrator and his willingness to pay a peace fine. The conditions for case termination are that the perpetrator is the first time involved in a criminal offence and there has been a restoration to the original state carried out by the perpetrator of the criminal offence.Keywords: Termination of case; peaceful fine; economic crime.
Co-Authors Jefferson Hakim