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All Journal Eduvest - Journal of Universal Studies Asian Journal of Social and Humanities
Danny Kunto Wibisono
Universitas Borobudur
Aerospace Engineering Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Application of Restorative Justice in Statutory Practice Taufiqurokhman Taufiqurokhman; Dilla Hariyanti Tarigan; Danny Kunto Wibisono
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.339

Abstract

The purpose of the research is to provide an explanation of how restorative justice is used in constitutional practice. In its implementation there has been development, due to awareness of the importance of restorative justice. So, the support of various parties, government, non-governmental organizations, civil society is needed so that restorative justice becomes an integral part of the Indonesian justice system in facing the challenges of law enforcement and constitutional practices which are explained in detail in the theory of Restorative Justice and the effectiveness of law enforcement. The research method was carried out normatively and sociologically with a descriptive analytical research design and using secondary and tertiary data to explain the writing of the research with the research locus in the Constitutional Procedural Law (HTN) courts. The findings of research on how restorative justice is used in constitutional practices can make law enforcement procedures that are inclusive, fair, and beneficial to society stronger. The utilization of supportive equity can assist with fortifying the groundworks of Indonesian state organization which depends on the standards of a vote based system, equity, and common liberties (HAM). The findings of the research lead to the following recommendations: (1) Indonesia must begin the process of developing a restorative justice law: (2) the government needs to increase the capacity of institutions and human resources involved in restorative justice; (3) it is necessary to collaborate with various parties to increase public awareness of the benefits of restorative justice (4) collaborate with various stakeholders to evaluate the restorative justice program.
Application of Restorative Justice in Statutory Practice Taufiqurokhman Taufiqurokhman; Dilla Hariyanti Tarigan; Danny Kunto Wibisono
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.339

Abstract

The purpose of the research is to provide an explanation of how restorative justice is used in constitutional practice. In its implementation there has been development, due to awareness of the importance of restorative justice. So, the support of various parties, government, non-governmental organizations, civil society is needed so that restorative justice becomes an integral part of the Indonesian justice system in facing the challenges of law enforcement and constitutional practices which are explained in detail in the theory of Restorative Justice and the effectiveness of law enforcement. The research method was carried out normatively and sociologically with a descriptive analytical research design and using secondary and tertiary data to explain the writing of the research with the research locus in the Constitutional Procedural Law (HTN) courts. The findings of research on how restorative justice is used in constitutional practices can make law enforcement procedures that are inclusive, fair, and beneficial to society stronger. The utilization of supportive equity can assist with fortifying the groundworks of Indonesian state organization which depends on the standards of a vote based system, equity, and common liberties (HAM). The findings of the research lead to the following recommendations: (1) Indonesia must begin the process of developing a restorative justice law: (2) the government needs to increase the capacity of institutions and human resources involved in restorative justice; (3) it is necessary to collaborate with various parties to increase public awareness of the benefits of restorative justice (4) collaborate with various stakeholders to evaluate the restorative justice program.
State Asset Recovery from the Proceeds of Crime in Money Laundering in Indonesia: An Analysis of the Effectiveness and Urgency of Implementing Non-Conviction Based Asset Forfeiture (NCB) Dilla Hariyanti; Danny Kunto Wibisono
Eduvest - Journal of Universal Studies Vol. 6 No. 4 (2026): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v6i4.52670

Abstract

The return of state assets from money laundering crimes (TPPU) is a strategic component in maintaining the integrity of the financial system, national economic stability, and the effectiveness of the organized crime eradication regime. However, Indonesia's legal regime, which relies on criminal forfeiture—the confiscation of assets after a criminal verdict has obtained permanent legal force—has proven inadequate in dealing with cross-jurisdictional, multilayered, and increasingly complex TPPU. The development of financial technology, digital assets, and the use of shell companies demands a more adaptive approach. This research aims to evaluate the effectiveness of the criminal forfeiture mechanism under Law No. 8 of 2010 and to analyze the urgency of implementing non-conviction-based asset forfeiture (NCB) as an alternative. Using normative legal research methods through legislative, conceptual, and comparative approaches, this study finds that criminal forfeiture faces structural, substantive, and cultural barriers. These obstacles include the low follow-up rate on PPATK reports, the high burden of proof, and the lack of orientation among law enforcement officials toward asset recovery. Comparative studies with other countries show that NCB mechanisms are more effective in cutting off the flow of illicit funds and securing assets at an early stage. This study recommends accelerating the ratification of the Asset Forfeiture Bill, strengthening financial intelligence, and establishing an independent asset management institution as strategic steps to reinforce the asset recovery regime in Indonesia
Co-Authors Dilla Hariyanti Dilla Hariyanti Tarigan Taufiqurokhman Taufiqurokhman