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All Journal Unizar Law Review Dialogia Iuridica
Aryadi Almau Dudy
Universitas Mataram
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Problematika Kepastian Hukum Terhadap Penerapan Restorative Justice Dalam Penanganan Perkara Tindak Korupsi Dana Desa Suheflihusnaini Ashady; Aryadi Almau Dudy
Unizar Law Review Vol. 6 No. 1 (2023): Unizar Law Review
Publisher : Fakultas Hukum Universitas Islam Al-Azhar Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36679/ulr.v6i1.34

Abstract

The implementation of regional authorities and the allocation of village funds that should be used for welfare and development at the village level have instead become new grounds for corruption for some elements. Law enforcement that is able to provide a deterrent effect on perpetrators is very important so that the idea and application of restorative justice to perpetrators of corruption in village funds needs to be studied further in terms of how the limitations of the application of restorative justice by law enforcement officials in a crime and whether the application of restorative justice against acts of corruption in village funds to fulfill the principle of legal certainty. This research is a normative research with a statutory approach (the statute approach) and a conceptual approach (conceptual approach). The results of the study show that law enforcement officials in implementing restorative justice for a crime must pay attention to the specified conditions, for corruption crimes cannot be applied to restorative justice based on the Head of Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice and the Prosecutor's Office Regulations of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice; Next, the application of law must not ignore the principle of legal certainty. Legal certainty also means the clarity of norms that become a reference for behavior, these norms contain consistency, both internally in the law and horizontal consistency with others or vertical consistency with higher laws and regulations. The application of restorative justice to criminal acts of corruption (including corruption in village funds) has violated the principle of legal certainty as well as ignoring the value of justice and the usefulness of law, so its application must be reviewed.
POLA DAN PEMERINTAH DALAM PENCEGAHAN TRAFFICKING IN PERSONS DI LOMBOK TIMUR Nunung Rahmania; Atika Zahra Nirmala; Zahratul'ain Taufik; Aryadi Almau Dudy; Suheflihusnaini Ashady
Dialogia Iuridica Vol. 15 No. 1 (2023): Dialogia Iuridica Journal Vol. 15 No. 1 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v15i1.7564

Abstract

Human Trafficking is an iceberg phenomenon that is growing all over the world including in Indonesia. Indonesia is a tier 2 surveillance country because human trafficking cases are still high and one of the regions contributing to human trafficking cases is East Lombok Regency, West Nusa Tenggara. The purpose of this study is to analyze and find out how pattern of human trafficking in East Lombok and the role of the East Lombok Regency government in preventing human trafficking. The results showed that first, pattern human trafficking in East Lombok Regency which starts from the recruitment process carried out by neighbors, family, friends, and people who first go abroad, document forgery and manipulation of victims' data are made outside the East Lombok Regency area, and the departure process is relay and departure is not from East Lombok Regency but from the area where the documents are made. Second, the role of the East Lombok Regency Government for prevent human trafficking by conducting scheduled socialization in villages/villages that are vulnerable to human trafficking victims, forming Productive Migrant Villages, and providing training to retired migrant workers/families by forming novice business heroes. However, the Government's efforts to prevent human trafficking have not been maximized and effective due to the lack of coordination between related institutions and public awareness of the dangers of trafficking in persons.
Co-Authors Atika Zahra Nirmala Nunung Rahmania Suheflihusnaini Ashady Zahratul'ain Taufik