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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Return : Study of Management, Economic and Bussines INJURITY: Journal of Interdisciplinary Studies
Adhitya Anugrah Nasution
Universitas Borobudur
Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Legal Reconstruction of Non-Conviction-Based Asset Forfeiture for State Loss Recovery from Corruption Crimes Adhitya Anugrah Nasution; Riswadi Riswadi
Return : Study of Management, Economic and Bussines Vol. 3 No. 11 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i11.293

Abstract

The confiscation of assets without criminal prosecution has become a crucial mechanism in the fight against corruption in Indonesia, particularly in cases where prosecution is hindered by the death or absence of the perpetrators. Despite being permitted under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, its implementation faces significant challenges, primarily stemming from legal uncertainty and gaps in regulatory frameworks. This study aims to address these issues by examining the existing regulations, identifying deficiencies, and proposing legal reforms to enhance asset recovery mechanisms. Utilizing a normative method approach, this study analyzes national regulations and compares them with international practices, particularly those outlined in the United Nations Convention Against Corruption (UNCAC) 2003. The results highlight that the current laws lack clarity and comprehensiveness, leading to inconsistent application and difficulties in recovering state assets. The study recommends legal reconstruction, including amendments and additions to existing laws, to bridge these gaps. By adopting international best practices, Indonesia can improve its legal framework, ensuring more effective asset recovery and fostering greater public trust in the legal system. This study underscores the need for robust legal reform to strengthen the eradication of corruption and uphold justice.
Juridical Review of the Implementation of Foreign Arbitration Awards in Indonesia in the Perspective of Constitutional Court Ruling Number 4/PUU-XXII/2024 Adhitya Anugrah Nasution; Faisal Santiago
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 6 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i6.205

Abstract

The implementation of foreign arbitration awards in Indonesia from the perspective of Constitutional Court Decision Number 4/PUU-XXII/2024 is crucial in both international and domestic legal contexts. This article provides a strong legal basis for arbitration usage in resolving cross-border business disputes in Indonesia, both domestically and internationally. The research contributes to the legal field by offering an in-depth normative juridical analysis of how unfamiliar discretion grants are executed in Indonesia. Data analysis was carried out descriptively and qualitatively. The research topic, namely, the Juridical Review of the Implementation of Foreign Arbitration Decisions in Indonesia in the Perspective of Sacred Court Choice Number 4 is analyzed using deductive methods, which entail deriving conclusions from general to specific, particularly regarding the research topic. In this specific situation, a juridical survey of the execution of unfamiliar mediation grants in Indonesia becomes vital to comprehend the effect of established Court Choice number 4 on international arbitration practices, legal certainty, and the investment environment in Indonesia.
Application Of The Acehnese Customary Legal System And National Legal System In Combating Theft By Child Offenders Adhitya Anugrah Nasution; Ade Saptomo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3384

Abstract

The research seeks to analyze the application of the Acehnese Customary Legal System and the National Legal System in dealing with acts of theft involving child perpetrators. Aceh, as a region with unique cultural riches and customary laws, has the potential to combine local values with national laws in upholding justice. The research results show that the Acehnese Customary Law System, which is recognized by Law Number 11 of 2006, has the potential to provide alternative solutions that are by local values in dealing with acts of theft involving child perpetrators. However, several obstacles in implementation need to be considered, such as coordination between customary and national legal institutions. In conclusion, this research suggests that integration between the Acehnese Customary Legal System and the National Legal System can increase effectiveness in dealing with theft involving child perpetrators. Joint efforts are needed from the government, legal institutions, and society to ensure that children's rights are protected without ignoring the local values that apply in Acehnese society.
Co-Authors Ade Saptomo Faisal Santiago Riswadi Riswadi