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All Journal JUSTISI Fundamental : Jurnal Ilmiah Hukum
I Kadek Budiadinata Satriatama Adnyana
Universitas Pendidikan Nasional
Humanities Law, Crime, Criminology & Criminal Justice

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Deferred Prosecution Agreement dalam Pemidanaan Tindak Pidana Korupsi Putu Eva Ditayani Antari; I Kadek Budiadinata Satriatama Adnyana
Fundamental: Jurnal Ilmiah Hukum Vol. 12 No. 1 (2023): Fundamental: Jurnal Ilmiah Hukum
Publisher : Universitas Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34304/jf.v12i1.96

Abstract

Corruption is a persistent problem in Indonesia. The impact of corruption is very widespread which results in poverty and inhibits infrastructure development. Law enforcement for perpetrators of corruption in Indonesia still uses minimum and maximum imprisonment and in the form of fines. This resulted in the difficulty of recovering state financial losses due to corruption. So a new paradigm for criminalizing corruption is needed through the concept of the Deferred Prosecution Agreement (DPA). The aims of this study are 1) to find out the legal ratio of DPA application as an enforcement of corruption. 2) to find out the implementation of DPA in corruption crimes in Indonesia. Furthermore, this research method is a normative legal research method. This research method is used to examine studies in the form of books, journals, and regulations related to the author's research. The results of this study indicate that the correct basic concept used in criminal prosecution of corruption in Indonesia is the DPA concept from the UK, where the implementation is through negotiations between the prosecutor and the suspect and then the results of the negotiations are asked for the judge's opinion. Furthermore, after being approved by the judge, it will continue with the implementation of the contents of the DPA. So the concept of DPA is very appropriate to restore losses due to corruption.
Status Quo Perkawinan Beda Agama Pasca Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023 Putu Eva Ditayani Antari; I Kadek Budiadinata Satriatama Adnyana; Luh Putu Yeyen Karista Putri
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3360

Abstract

The trend of interfaith marriages is currently gaining interest in Indonesia. Data shows that by 2022, data on interfaith marriages will total 1425 spouses. The presence of the polemic about interfaith marriages in society has resulted in the government, through the Supreme Court, issuing SEMA 2/2023, which prohibits courts from accepting applications for interfaith marriages. Therefore, it is necessary to know the legality of interfaith marriages after SEMA 2/2023, especially regarding the legal ratio of the issuance of SEMA 2/20232. This study aims to determine the basis for the publication of SEMA 2/2023 and the validity of interfaith marriages after the publication of SEMA 2/2023. The study's novelty is demonstrated by the actuality of regulations published related to interfaith marriages in Indonesia, where previous studies analyzed the legality of interfaith marriages before the publication of SEMA 2/2023. The normative legal writing method is used by several approaches, such as the statutory regulations approach -invitation, case approach, and conceptual approach. The collection of legal materials in this study used literature study techniques. At the same time, the legal material analysis method is the descriptive analytical juridical method. The results show that the basis for preparing the circular letter is intended to guide judges in recording religious marriages in Indonesia. Also, since the circular letter came into force, the courts no longer have the authority to register interfaith marriages held in Indonesia.
Co-Authors Antari, Putu Eva Ditayani Luh Putu Yeyen Karista Putri