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Keadilan Restoratif dalam Kasus Perundungan oleh Anak: Upaya Pemenuhan Asas Keadilan bagi Korban Alisya Candra, Shahna; Handayani, Trini; Mulyana, Aji
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.4243

Abstract

The phenomenon of bullying perpetrated by minors is a serious problem in the child protection system, for both perpetrators and victims. This study aims to analyze the application of restorative justice as a resolution approach in cases of bullying by children, and to assess the extent to which this approach is able to fulfill the principle of justice for victims. The method used in this study is a normative-empirical legal type with a focus on a descriptive qualitative approach from various sources of legal norms, such as laws, court decisions, and related legal literature. The results of the study indicate that the restorative justice approach can provide a more humane and inclusive solution than the conventional criminal justice system. Restorative justice encourages recovery for victims and promotes responsibility and behavioral improvement from child perpetrators. However, the implementation of restorative justice still faces various obstacles and constraints, such as a lack of consistent law enforcement, limited facilities in fulfilling the legal system, and minimal involvement of community institutions. The conclusion of this study states that although restorative justice has excellent potential in resolving the phenomenon of child bullying that occurs in Indonesia fairly between perpetrators and victims. However, its implementation and success are highly dependent on the involvement and cooperation between legal institutions, education, society, and families in order to achieve appropriate recovery for the victim and proper rehabilitation for the perpetrator.
Criminal Liability of Passive Money Laundering Perpetrators: Analysis of Decision Number 626/PIDSUS/2020/PN JKT.SEL Saeful Bahari, Bayu; Priyatno, Dwidja; Handayani, Trini; Rusman
Intellectual Law Review (ILRE) Vol 3 No 1 (2025): April
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

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Abstract

Criminal liability for perpetrators of passive money laundering, with a focus on the analysis of Decision Number 626/PIDSUS/2020/PN JKT.SEL. Passive money laundering refers to actions that are not directly related to the main crime but still play an important role in disguising the origin of the proceeds of crime. This study uses a normative legal method, with analysis of legislation, court decisions, and related legal literature. Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes is the main legal basis for regulating money laundering, both active and passive. Article 5 paragraph (1) of this law stipulates that perpetrators of passive money laundering can be subject to criminal sanctions if they are proven to have received, controlled, or used assets that are known or reasonably suspected to be derived from criminal acts. In addition, the system of evidence in money laundering cases applies the principle of reverse burden of proof, whereby the defendant must prove that their assets are not the proceeds of crime. In the case analysed, the Panel of Judges ruled that the defendant was legally and convincingly proven to have committed the passive money laundering crime by trading accounts and using those accounts for illegal transactions, including online gambling. This ruling emphasises the importance of strict law enforcement in dealing with passive money laundering crimes to support effective prevention and law enforcement efforts in Indonesia.