Article Per Year (5 Year)
p-Index From 2021 - 2026
0.92
P-Index
This Author published in this journals
All Journal Jurnal Ilmiah Hukum dan Dinamika Masyarakat Jurnal Scientia AKADEMIK: Jurnal Mahasiswa Humanis Journal of Mathematics Instruction, Social Research and Opinion
Surya Hamdani
Universitas Haji Sumatera Utara
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 5 Documents
Search

 1 
ENHANCEMENT OF ADDITIONAL CRIMINAL EFFECTIVENESS REVIEWS IN CORRUPTION CASES Saritua Silitonga; Sarah Furqoni; Muhammad Dhobit Azhary Lubis; Surya Hamdani
Jurnal Scientia Vol. 12 No. 03 (2023): Education, Sosial science and Planning technique, 2023 (June-August)
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

It seems like you've provided a description of a specific corruption case and the challenges associated with prosecuting and recovering state losses in such cases. This paper discussed difficulties law enforcement faces when dealing with corruption cases and executing judgments related to the return of embezzled state funds. The case of I Putu Sudiartana, who was found guilty of corruption by a District Court Judge, exemplifies these challenges. The research methodology used in the case appears to be normative jurisdiction, which involves analyzing legal principles and regulations. The study draws on both primary data sources, obtained from informants and parties related to the issue, and secondary data sources, such as relevant documents and literature. The primary challenge highlighted is the difficulty in recovering state funds from corrupt individuals. Perpetrators of corruption often hide their ill-gotten gains in financial systems and legitimate business activities, making it challenging for law enforcement, including the Attorney General's office, to trace and seize these assets. The phrase "payment of replacement money" likely refers to the process of recovering the embezzled funds by requiring the convicted individual to pay back the equivalent amount of money they obtained through corruption. This process encounters obstacles due to the complex financial maneuvers used by corrupt individuals to hide their assets. Overall, the passage discusses the complexities and challenges faced by law enforcement and prosecutors in handling corruption cases, particularly when it comes to recovering state losses and executing judgments for the return of embezzled funds. It highlights the need for more effective strategies and measures to tackle corruption and enhance asset recovery efforts.
NEW SYSTEM IN CRIMINAL PROCEEDINGS AGAINST VILLAGE HEADS FOR CORRUPTION OF VILLAGE FUNDS Surya Hamdani; Saritua Silitonga; Sarah Furqoni; Muhammad Dhobit Azhary Lubis
Jurnal Scientia Vol. 12 No. 04 (2023): Education, Sosial science and Planning technique, 2023, Edition September-Nov
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Decision number 168 k/pid.sus/2018 on behalf of the defendant kabul santosa bin wito diharjo was proven legally and convincingly guilty of committing the crime of "corruption", sentencing the defendant therefore to imprisonment for 4 (four) years and a fine of Rp200,000,000.00 (two hundred million rupiah) provided that if the fine is not paid it will be replaced by imprisonment for 6 (six) months, imposing additional punishment on the defendant to pay compensation of Rp124. 995,925.00 (one hundred twenty-four million nine hundred ninety-five thousand nine hundred twenty-five rupiah) which is compensated or calculated with the money confiscated by the public prosecutor in the amount of Rp124,995,925.00 (one hundred twenty-four million nine hundred ninety-five thousand nine hundred twenty-five rupiah). The purpose of this study is to examine the criminal act of corruption of village funds committed by the village head of Bunder and examine the judge's consideration in deciding the case of criminal acts of corruption of village funds committed by the village head and examine the accountability of the village head who committed criminal acts of corruption of village funds.
Reconstructing Corporate Environmental Sanctions through Ecological Justice in Indonesia Saritua Silitonga; Anggiat p. Simamora; Surya Hamdani; Sarah Furgoni
Journal of Mathematics Instruction, Social Research and Opinion Vol. 5 No. 2 (2026): June
Publisher : MASI Mandiri Edukasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58421/misro.v5i2.1582

Abstract

Corporate environmental crime in Indonesia raises a difficult socio-legal problem: sanctions may punish polluting corporations while damaged ecosystems remain unrestored. This article examines how sanctions against corporate polluters are constructed under Indonesian law and how they should be reconstructed in light of ecological justice. The study uses normative legal research with socio-legal sensitivity, applying statutory, conceptual, and prescriptive approaches to legislation, corporate liability doctrine, environmental sanction provisions, and the ecological justice literature. The findings show that Indonesian law recognises corporate criminal liability and additional sanctions, including restoration, profit confiscation, closure of business activities, fulfilment of neglected obligations, and corporate supervision. However, the framework is weakened by discretionary restoration orders, evidentiary difficulty, institutional fragmentation, and an anthropocentric legal culture. The article contributes a restoration-oriented reconstruction model that places ecological recovery, unlawful gain removal, corporate compliance reform, and executable institutional mechanisms at the centre of environmental punishment. It argues that sanctions should be assessed not merely by their punitive severity, but by their capacity to repair ecological harm and prevent recurrence.
Konstruksi Hukum Operasi Tangkap Tangan (OTT) dalam Perkara Korupsi: Perspektif Hak Asasi Manusia Mhd Hasbi; Muhammad Dhobit Azhary Lubis; Surya Hamdani; Annisa Danti Avrilia Ningrum
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 24, No 1 (2026): Hukum dan Isu Sosial Masyarakat
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/hdm.v24i1.7251

Abstract

This article analyzes the legal construction of Hand-Catching Operations (OTT) conducted by the Corruption Eradication Commission in Indonesia's criminal justice system, which faces a fundamental dilemma between law enforcement effectiveness and human rights protection. The practice of OTT, despite its significant success rate, often raises controversies regarding potential violations of suspects' constitutional rights. The problem becomes increasingly complex when OTT is conducted without an explicit and definitive legal framework in statutory regulations, thus opening wide interpretive spaces and potentially causing arbitrariness in law enforcement. The purpose of this article is to examine the existing legal construction of OTT in Indonesian legislation and its implications for suspects' human rights protection, to analyze how international human rights standards should be integrated into OTT mechanisms, and to formulate an ideal legal construction that accommodates substantive justice principles without sacrificing law enforcement effectiveness. This research employs normative legal research methods based on norm ambiguity, using statutory approach, conceptual approach, and analytical approach. Document study techniques are utilized for legal material exploration, with qualitative analysis applied to examine the meaning of legal norms systematically and teleologically. The research findings demonstrate that current legal construction of OTT suffers from significant normative gaps lacking explicit regulation of definitions, requirements, procedures, and limitations. This study offers an ideal legal construction formulation that integrates human rights perspectives through comprehensive regulation encompassing strict procedural requirements, independent oversight mechanisms, constitutional rights guarantees, publication limitations, mandatory audio-visual documentation, strict sanctions for procedural violations, and compensation-rehabilitation mechanisms for wrongful arrest victims, thereby creating a just corruption criminal justice system respecting human dignity.
Kedudukan Korporasi sebagai Subjek Hukum Pidana dalam Tindak Pidana Pelanggaran Hak Asasi Manusia: Tinjauan terhadap KUHP dan Peraturan Perundang-Undangan Terkait Mhd. Hasbi; Muhammad Dhobit Azhary Lubis; Annisa Danti Avrilia Ningrum; Surya Hamdani
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 6 No. 1 (2026): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v6i1.1776

Abstract

This study examines the unresolved legal gap concerning the status of corporations as subjects of criminal law in cases of human rights violations. Although the 2023 Indonesian Criminal Code explicitly recognizes corporations as criminally liable entities through the application of identification theory and corporate culture theory, the Human Rights Court Law still limits liability to individual perpetrators. This disharmony creates uncertainty and weakens efforts to address corporate involvement in serious human rights violations, particularly in cases involving systemic abuses, environmental destruction, and labor exploitation. The objective of this research is to analyze the juridical position of corporations under the 2023 Criminal Code and evaluate the extent to which existing legislation supports or fails to support the enforcement of corporate criminal liability in human rights violations. Using a normative juridical method, this study examines statutory provisions, legal principles, and relevant international instruments, including the United Nations Guiding Principles on Business and Human Rights. The findings show that the 2023 Criminal Code provides a more comprehensive framework for imposing corporate liability, including expanded forms of sanctions and clearer attribution standards. However, the absence of corporate liability provisions in the Human Rights Court Law presents a substantive obstacle to consistent law enforcement. The study concludes that legislative harmonization, strengthened institutional capacity, and the development of specialized procedural mechanisms are essential to ensure accountability for corporations implicated in human rights violations.
Co-Authors Anggiat p. Simamora Annisa Danti Avrilia Ningrum Mhd Hasbi Mhd. Hasbi Muhammad Dhobit Azhary Lubis Sarah Furgoni Sarah Furqoni Saritua Silitonga