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All Journal Nizham Journal of Islamic Studies Ta'zir: Jurnal Hukum Pidana
M Dani Fariz Amrullah D
Universitas Islam Negeri Raden Intan Lampung
Religion Humanities Education Law, Crime, Criminology & Criminal Justice

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KEBIJAKAN FORMULASI MENGENAI PERAMPASAN ASET HASIL TINDAK PIDANA KORUPSI M Dani Fariz Amrullah D
Tazir Vol 6 No 1 (2022): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (154.482 KB) | DOI: 10.19109/tazir.v6i1.12140

Abstract

orruption is an urgent problem that must be addressed immediately in order to achieve healthy economic growth. Various records show an increase and development of corruption models that occur. The theft of assets resulting from criminal acts of corruption is a development problem on the largest scale in existence. The difficulty that occurs in tracking the proceeds of a criminal act is that the assets found cannot be directly linked to the crime. The mechanism for confiscation of assets resulting from criminal acts of corruption is currently based on Article 18 letter (a) of Law Number 31 of 1999 which was later updated through the provisions of Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption (UU TIPIKOR). Meanwhile, in the context of efforts to recover assets, it can be done through a civil lawsuit mechanism, which is regulated in Articles 32 to 38 of Law Number 31 of 1999 which was updated through Law Number 20 of 2001 concerning Eradication of Corruption Crimes. the formulation regarding confiscation of assets resulting from criminal acts of corruption is guided by and refers to the civil forfeiture system used in the United Nations Convention Against Corruption (the United Nations Convention against Corruption) in returning assets resulting from criminal acts of corruption by providing an obligation to reverse the burden of proof to the suspect (defendant). . In order for the means of civil lawsuits to become a very effective tool in order to recover state losses Corruption is an urgent problem that must be addressed immediately in order to achieve healthy economic growth. Various records show an increase and development of corruption models that occur. The theft of assets resulting from criminal acts of corruption is a development problem on the largest scale in existence. The difficulty that occurs in tracking the proceeds of a criminal act is that the assets found cannot be directly linked to the crime. The mechanism for confiscation of assets resulting from criminal acts of corruption is currently based on Article 18 letter (a) of Law Number 31 of 1999 which was later updated through the provisions of Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption (UU TIPIKOR). Meanwhile, in the context of efforts to recover assets, it can be done through a civil lawsuit mechanism, which is regulated in Articles 32 to 38 of Law Number 31 of 1999 which was updated through Law Number 20 of 2001 concerning Eradication of Corruption Crimes. the formulation regarding confiscation of assets resulting from criminal acts of corruption is guided by and refers to the civil forfeiture system used in the United Nations Convention Against Corruption (the United Nations Convention against Corruption) in returning assets resulting from criminal acts of corruption by providing an obligation to reverse the burden of proof to the suspect (defendant). . So that the means of civil lawsuits becomes a very effective tool in order to restore state losses
ANALISIS SIFAT MELAWAN HUKUM FORMIL TERHADAP PELAKU TINDAK PIDANA KORUPSI BERDASARKAN PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 20 TAHUN 2001 M DANI FARIZ AMRULLAH; Yuli Kasmarani; Dora Mustika
Tazir Vol 8 No 1 (2024): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v8i1.22909

Abstract

Corruption is an urgent problem that must be addressed immediately in order to achieve healthy economic growth. Various records show an increase and development of corruption models that occur. The legal enforcement mechanism for criminal acts of corruption is something that must be paid attention to because it ensures its implementation is correct, fair, there is no arbitrariness and no abuse of power. The focus of discussion in this research is the concept of the nature of being against formal law in criminal acts of corruption in Indonesia, and the existence of the nature of being against formal law in criminal acts of corruption at this time. This research uses a normative juridical approach, namely by analyzing library materials or secondary data consisting of legal texts, court decisions, official documents and other legal literature. This research concludes that the concept of the nature of being against formal law in articles 2 and 3 of Law Number 20 of 2001 concerning criminal acts of corruption in Indonesia is if the act violates social norms, norms of decency or ethics, moral norms and has violated propriety. prudence and necessity adhered to in person-to-person relationships in society. After the Constitutional Court decision Number: 25/PPU-XIV/2016, formal offenses were changed to material offenses. The deletion of the word "can" from the formulation of the two norms of Article 2 paragraph (1) and Article 3 of the PTPK Law, requires that the element of state loss must be proven first to determine someone as a suspect so that it will provide legal certainty in the law enforcement process in the field of criminal acts of corruption in Indonesia. Keywords: Corruption, Unlawful Characteristics, State Financial Losses
The Humanism of Authorities in Realizing Community Welfare in Bandar Lampung City Dharmayani; Fathul Mu’in; Rudi Santoso; M Dani Fariz Amrullah D; Hendriyadi
Nizham Jurnal Studi Keislaman Vol 13 No 01 (2025): Nizham: Jurnal Studi Keislaman
Publisher : Pascasarjana IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v13i01.10154

Abstract

This study examines the roles of the Bandar Lampung City Police and District Attorney's Office in ensuring legal certainty and public benefit. As field research, data was gathered directly from these institutions, utilizing a qualitative approach that does not involve statistical testing. Findings reveal that the Police contribute to legal certainty and economic recovery through maintaining security and public order, enforcing the law, distributing social assistance, and conducting routine patrols. The District Attorney's Office supports economic recovery through prosecution and legal assistance roles. However, challenges like limited human resources and community support hinder optimal performance. Both institutions operate under positive law (Police: Article 13 of Law No. 2 of 2002; District Attorney's Office: Article 2 of Law No. 16 of 2004) and align with Islamic principles of Fiqh Siyasah Tanfidziyah, ensuring their actions adhere to both statutory and Islamic law.
Co-Authors Dharmayani Dora Mustika Fathul Mu’in HENDRIYADI Rudi Santoso Yuli Kasmarani