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The Urgency of Mutual Legal Assitance in Criminal Matters (MLA) in Action Against of Corruption Miko Aditiya Suharto; Maria Novita Apriyani; Waluyo
Nusantara Science and Technology Proceedings 7st International Seminar of Research Month 2022
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/nstp.2023.3386

Abstract

The handling of transnational crimes, namely corruption, requires the support of cooperation with other countries, both informally and formally between countries. The regulation of asset return is stated in the Opening of the United Nations Convention Against Corruption in 2003. Assets resulting from corruption crimes by perpetrators are mostly taken abroad and recovery in Indonesia faces challenges and obstacles. One of the factors that become an obstacle in the process of returning assets resulting from corruption transnationally is related to the return of assets when the requesting country and the requested country do not have bilateral agreements such as extradition and Mutual Legal Assistance. The problems that will be raised in this study are (1) how is the implementation of requests for mutual legal assistance in criminal matters (MLA) for perpetrators of corruption? (2) what are the obstacles and challenges in the process of mutual legal assistance in criminal matters (MLA) in prosecuting perpetrators of criminal acts of corruption in Indonesia? The writing of this legal article belongs to the category of socio-legal research or empirical law. The research approach applied in writing this scientific article uses a statutory approach, a conceptual approach, and a case approach. The data collection technique used in this paper is a field study taking data through interviews with the Directorate of Central Authority and International Law, Ministry of Law and Human Rights. The results obtained in this study are the renewal of the extradition law of the State of Indonesia is very important to do considering not only repatriating convicts but also adding regulations for the return of assets resulting from corruption abroad through Mutual Legal Assistance, regulation of assets of wealth convicts of corruption as a preventive measure. and repressive measures to be frozen, confiscated, and repatriated to Indonesia from abroad.
Implementation of Regent Regulation Number 19 of 2023 Against Early Marriage Rates in Bojonegoro Regency (Case Study of Bojonegoro Religious Affairs Office) Afif Fadhlurrahman; Waluyo
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v10i2.272

Abstract

Abstract Introduction to the Problem: The impact of early marriage on children is also seen in the risk of a large psychological condition because mentally almost all of them are not ready to assume great responsibility in fostering family relationships so that it can lead to divorce, even from a health perspective a woman who marries under the age of 20 is at risk of cervical cancer because she is a teenager. Bojonegoro Regency is one of the districts in the spotlight related to the high rate of early marriage in East Java, Bojonegoro Regency is included in the top 10 high marriage rates in East Java. Purpose/Study Objectives: This study aims to find out about how the implementation of marriage incentives at the Bojonegoro Regency Religious Affairs Office based on the Regent's Regulation and to find out how the impact analysis of Regent's Regulation Number 19 of 2023 on the level of early marriage in Bojonegoro Regency. Design/Methodology/Approach: The method used in this research is empirical juridical which is focused on examining phenomena that occur in the field and making it the main source of data, such as the results of interviews and also the results of field studies. Which uses a qualitative approach and field study data analysis. Findings: The results showed that the implementation of the provision of Marriage Capability Incentives is in accordance with Law Number 16 of 2019 concerning Marriage, and Regent Regulation Number 19 of 2023 concerning the provision of marriage capability incentives, but even so it is not enough to reduce the high rate of early marriage in Bojonegoro Regency. Paper Type: Research Article
The Importance of Witness A De Charge as Evidence for the Defendant in the Crime of Domestic Violence (KDRT) (Case Study of Decision No. 3339/Pid.Sus/2018/PN.Sby) Hikmah Istiqomah; Waluyo
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 2 (2024): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v10i2.273

Abstract

Abstract Introduction to the Problem: The law was created to regulate and protect all components of society. The preamble of Law of the Republic of Indonesia Number 8 of 1981 point C concerning Criminal Procedure Law explains that national development in the field of criminal procedure law is intended to make the community appreciate their rights and obligations and to improve the attitude of law enforcers and the protection of human dignity, order and legal certainty for the implementation of the rule of law in accordance with the 1945 Constitution. Purpose/Study Objectives: This research aims to find out how important the position of witness a de charge is for the defendant in the crime of domestic violence. Design/Methodology/Approach: This research uses normative juridical research methods. Data collection was carried out by means of literature and document studies. Data analysis was carried out using analytical descriptive methods and using a qualitative approach. Findings: The results showed that there is a right to submit witnesses or experts that have been given by the law by the suspect or defendant as referred to in Article 65 of the Criminal Procedure Code, so that the examiners at all levels of examination are obliged to ask the suspect or defendant, but there is no obligation for the defendant to present witnesses in the trial so that it will not affect the legal status of the defendant. Paper Type: Research Article
Implementasi Penegakan Hukum Tindak Pidana Prostitusi di Kembang Kuning, Kota Surabaya Rivaldi Anna Mahmuddi; Waluyo
Jurnal Hukum Lex Generalis Vol 6 No 7 (2025): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i7.2053

Abstract

The issue of prostitution continues to be a controversial matter in the City of Surabaya. Although the municipal government has imposed a prohibition, the practice of prostitution still persists in Surabaya, particularly in the Kembang Kuning area. This study examines the implementation of legal measures concerning prostitution in Kembang Kuning, as well as the various challenges encountered in achieving effective law enforcement. The research employs an empirical legal method by combining conceptual frameworks and statutory analysis. In terms of legal substance, the practice of prostitution is explicitly prohibited under Surabaya Municipal Regulation No. 7 of 1999 and Municipal Regulation No. 2 of 2020. Violations of these regulations are categorized as minor criminal offenses, processed through summary proceedings, and enforced by the Civil Service Police Unit (Satpol PP). Furthermore, the study reveals that the main challenges include sanctions that are insufficiently severe to serve as an effective deterrent, and the limited authority of Satpol PP, which only extends to the enforcement of conventional prostitution cases and does not cover practices conducted through digital platforms. This situation has resulted in a legal culture characterized by weak compliance, particularly with regard to the prohibition of prostitution in Surabaya.