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All Journal COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Jurnal Indonesia Sosial Teknologi
Yogi Syahputra Al Idrus
Universitas Muhammadiyah Malang, Indonesia
Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Efektifitas Pembentukan Pengadilan Hak Asasi Manusia (HAM) Tingkat ASEAN Oleh Asean Intern-Governmental Commision On Human Rights (AICHR) Yogi Syahputra Al Idrus; Ilham Rusadi Abdullah; Tinuk Dwi Cahyani
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 2 No. 11 (2023): COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/comserva.v2i11.689

Abstract

Human Rights (HAM) is a value that is very essential since humans are born into the world which in everyday life has a natural nature attached to every individual whenever and wherever so that concretization through law becomes a repressive and preventive effort to pay attention, respect, appreciate and uphold it. Efforts to uphold human rights have been since 2009 the AICHR Court was formed through the 15th Summit as a human rights commission at the ASEAN level, until now the effectiveness of the performance of AICHR is still far from perfect because there have been cases that occurred in several ASEAN countries such as the Philippines, Indonesia, Malaysia, and Cambodia. This was not responded to at all by the AICHR court itself because the main function of AICHR is to protect and promote it in the form of protection at the ASEAN level so that it cannot assimilate and resolve cases that occur. Therefore the author sets out concretely two perspectives on how far the effectiveness and consequences of establishing the AICHR human rights court at the ASEAN level are. First, what are the causes of AICHR's ineffectiveness in upholding human rights in Southeast Asia? These two problems can be examined doctrinally and normatively conceptually to produce the following findings: firstly the lack of commitment from each ASEAN country to human rights, secondly the principle of non-intervention from each country so that decision making is based on consensus.
Application of NCB Asset Confiscation in Handling Corruption Crimes in Indonesia Yogi Syahputra Al idrus; Kukuh Dwi Kurniawan
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 6 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i6.1145

Abstract

Applying NCB (non-convection based not on treasury), commonly called asset confiscation punishment without punishment, is an innovative solution for appropriating corruption when a person cannot cope with criminal, civil and administrative penalties. The problem that exists all ready for change, of course, requires regulation in this regard. It is very important to look at these regulations and how a convection-based asset recovery policy is a government loss recovery policy related to state loss crimes such as corruption, money laundering, etc. Therefore, the subjects considered in this study are how NCB Asset Forfeiture is applied in dealing with criminal acts of corruption in Indonesia. This research method seeks normative law by examining secondary and qualitative data. It is from this that the first conclusion can be drawn: the urgency of implementing the NCB policy (Non-Convection based on not Forteiture) in Indonesia, namely the existence of obesity problems from state losses with massive corruption crimes that have occurred and efforts to harmonise and legitimise the NCB Draft Asset confiscation bill to overcome state losses. Second, the legal response in applying the concept of NCB (Non-Convection Based Forfeiture), namely cooperation with other countries in exploiting evil assets.
Co-Authors Ilham Rusadi Abdullah Kurniawan, Kukuh Dwi Tinuk Dwi Cahyani