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All Journal Pandecta Pembaharuan Hukum
Muhammad Rustamaji
Faculty of Law, Universitas Sebelas Maret, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Future of Corruption’s Handling in the Regions and The Application of Restorative Justice N. G. A. N. Ajeng Saraswati; Muhammad Rustamaji
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.44207

Abstract

Corruption is the biggest obstacle in implementing the development process, and until now, it has yet to be appropriately resolved although various models of retributive punishment have been applied. As a result, tThe losses suffered by the state continue to increase, and as a consequence, people cannot enjoy public facilities as they should. Cooperation between the Police, the Attorney General’s Office, and the Ministry of Home Affairs, which forms coordination between Aparat Pengawas Intern Pemerintah (APIP) and Aparat Penegak Hukum (APH), is a way to prevent corruption at the local government level. Criminal sanctions and imprisonment are no longer the main options for the government to deal with corruption problems in the regions. This choice then raises the pros and cons of the people who so far only recognize the existence of retributive justice as a form of criminal sanction. This study was made using the theory of consequentialism from Jeremy Bentham, and the Restorative Justice Theory put forward by John Braithwaite to provide an overview of the solutions used by APIP in preventing corruption in the regions. The doctrinal research method with a statutory approach will show the impact of the application of restorative justice on corruption practices in the regions. From this study, it can be seen that the restorative justice used by APIP can minimize losses suffered by the state and, at the same time, provide a deterrent effect for perpetrators of corruption.
SOCIO-LEGAL CHALLENGES OF INDIGENOUS LAND IN WEST KALIMANTAN: CUSTOMARY PRACTICES AND NATIONAL LAW Itok Dwi Kurniawan; Arsyad Aldyan; Ismawati Septiningsih; Muhammad Rustamaji; Bambang Santoso; Jose Gama Santos
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.33860

Abstract

Customary law in the national legal system is undoubtedly fundamental to maintaining existence because customary law can also be applied to resolve conflicts in society. This research uses socio-legal methods, and the data obtained is based on data in the field through an interview process with several related parties. In contrast, for legal problems in this society, only some things can be resolved through a customary law approach. For example, in the Dayak indigenous community, several legal problems cannot be resolved according to custom, especially regarding unregistered land rights. These problems certainly cannot be solely resolved using a customary law approach. This certainly shows that customary law cannot necessarily accommodate the interests of Indigenous peoples because this is also closely related to legal certainty. Because they relate to legal certainty, they must be resolved through a positive legal approach, such as submitting a request to the court or an application to the relevant agency. This certainly happens because the legal awareness of regional communities in Indonesia is currently not very good; this leads to legal issues within indigenous communities that cannot be resolved through customary law.
Co-Authors Arsyad Aldyan Bambang Santoso Ismawati Septiningsih Itok Dwi Kurniawan Jose Gama Santos N. G. A. N. Ajeng Saraswati