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Ramalinggam Rajamanickam
Faculty of Law, Universiti Kebangsaan Malaysia
Law, Crime, Criminology & Criminal Justice

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Prevention of the Corruption Crime through Administrative Enforcement Mechanism against Abuse of Authority Wahbi Rahman; Sudarsono Sudarsono; Prija Djatmika; Abdul Madjid; Ramalinggam Rajamanickam
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.1849

Abstract

The law regulates that abuse of authority that results in state financial losses is a criminal offence of corruption. Law 30 of 2014 concerning Government Administration regulates the accountability mechanism for discretion that falls into the category of abuse of authority which then causes state losses which can lead to the application of administrative sanctions as stipulated in Article 80 paragraph (4) of the Government Administration Law. Based on this, the researcher draws a theoretical problem regarding the Prevention of Corruption Through Administrative Enforcement Mechanisms against Abuse of Authority in the Form of Discretion that causes state financial losses using normative juridical legal research methods with a focus on discussions related to the application of systematic specialist principles in cases of abuse of authority that cause state financial losses as a concept. Where based on the research that has been carried out, it is known that with the development of applicable legal instruments, administrative enforcement against abuse of authority in the form of discretion that causes state financial losses can be used as an instrument to prevent the occurrence of a criminal act of corruption by using the principle that does not override each other,  meaning that if it can be resolved by administrative instruments then criminal law instruments are no longer applied, which is theoretically called the principle of Una-Via or ultra vires, meaning that if a case has been resolved administratively then the opportunity to resolve the case by other legal means is closed.
The Character of Peace in Judges’ Customary Criminal Receptions as Restorative Justice Hazar Kusmayanti; Sherly Ayuna Putri; Efa Laela Fakhriah; Ramalinggam Rajamanickam
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2518

Abstract

The idea that restorative justice primarily derives from indigenous communities' beliefs, which have existed for a very long time and have evolved into customary law from generation to generation, gave rise to the term restorative justice in Indonesia. According to Article 5 paragraph (1) of the Judicial Power Law, it is the duty of the judge to investigate, adhere to, and comprehend the legal values and sense of justice that exist in society. The author of this study will examine how judges in courts use restorative justice in the process of interpreting local customary law to avoid conflicts with it. And discover what challenges judges in court face in accepting this customary law. The author's research strategy is normative juridical and is based on primary, secondary, and tertiary legal resources. According to research, district court judges can significantly contribute to the realization of restorative justice in the context of customary criminal law by having a thorough understanding of customary law, employing a mediation approach, enforcing restorative sanctions, offering education and counseling; and placing a high priority on reconciliation. The current national criminal justice system can be viewed as failing to represent the interests of victims. The social background of the judge's origin, the judge's educational background, the judge's ethnicity, and the environment at the time of the hearing are all barriers to judges accepting customary law in their decisions.
Co-Authors Abdul Madjid Efa Laela Fakhriah Hazar Kusmayanti Prija Djatmika Sherly Ayuna Putri Sudarsono Sudarsono Wahbi Rahman