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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Hukum dan Keadilan
Hamdan, Riko
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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The Role of Legal Politics in the Recovery of State Financial Losses Due to Corruption Hamdan, Riko; Nuraya, Adha; Syam, Fauzi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4234

Abstract

Corruption crimes have caused very large losses to the state and can have an impact on the emergence of various crises in various fields such as social life, nationhood, and statehood. Therefore, a legal enforcement method is needed through the establishment of a special body that has broad, independent, and free authority from any power in efforts to eradicate corruption crimes that are carried out maximally, intensively, effectively, professionally, and continuously. This paper uses a normative juridical research method through an approach based on basic legal materials by examining theories, concepts, legal principles, and regulations. Research using a normative juridical method is legal research conducted by examining literature or secondary data as a basis for research by tracing regulations and literature related to the issues being studied. To solve the legal problems that have been formulated and get their answers, this research uses four problem-solving approach models, namely the statutory approach, comparative approach, historical approach, and conceptual approach. The results of this study are various changes and reviews of anti-corruption laws that are legal policies applied by Indonesia as efforts towards legal reform for the better. Because corruption has harmed state finances, efforts to recover state financial losses are carried out through criminal, civil, and administrative channels.
FORMULASI PEMISAHAN LEMBAGA PEMASYARAKATAN DARI KEMENTERIAN HUKUM DAN HAM UNTUK MEWUJUDKAN KEMANFAATAN HUKUM DALAM TATA KELOLA LEMBAGA PEMERINTAHAN Hamdan, Riko
Jurnal Hukum dan Keadilan Vol. 1 No. 1 (2023): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i1.47

Abstract

As a state of law, Indonesia must fulfill the concept that this country is a state of law based on constitutional, adheres to the principles of democracy, and recognizes and protects human rights with impartial and free justice. This means that society must carry out government functions based on the Law that has been stipulated in the 1945 Constitution. The approach used in this research is normative juridical. The normative juridical approach is an approach based on primary legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. This research is conducted by conducting a literature review or secondary data through the review of primary, secondary, tertiary legal materials in the form of documents and applicable laws and regulations.The formulation of the separation of the Correctional Institution from the Ministry of Law and Human Rights is needed as an effort to improve the effectiveness of guidance and consideration of executions sentenced to prisoners. The Correctional Institution has the authority over decisions related to sentences imposed on prisoners. Because, the decision of the release letter must be based on the approval of Kalpas until the death sentence can be evaluated if there is a letter of good behavior recommended by the prison.
Implementation of Assimilation in the Progressive Law Perspective: Toward a Humane and Beneficial Society Hamdan, Riko; Helmi; Meri Yarni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6314

Abstract

The overcapacity of correctional institutions in Indonesia has led to various complex humanitarian, legal and social problems. One of the solutions pursued by the government is the assimilation policy, which aims to reduce the capacity burden while encouraging the social reintegration of prisoners. However, the implementation of this policy is often trapped in a legalistic-formal approach that ignores aspects of substantive justice. This article examines the implementation of the assimilation policy in the perspective of progressive law, which places law as a means of social transformation, not merely a normative rule. Through normative legal research methods with statutory, conceptual, and philosophical approaches, this article finds that the progressive legal approach plays an important role in encouraging assimilation policies that are more humanist, inclusive, and just. Progressive law emphasizes the importance of rehabilitation, community participation, and protection of prisoners' rights as part of the development process. In addition, concrete support is needed in the form of job training programs, psychosocial assistance, and fair and transparent supervision. By emphasizing the principles of justice, humanity and social benefit, the implementation of progressive law-based assimilation can reduce stigma against prisoners and create a more dignified correctional system. The results show that the success of the assimilation policy is greatly influenced by the synergy between an adaptive legal approach and strong social participation. In conclusion, progressive law can be an effective foundation for reforming correctional policies to be more oriented towards recovery, not just punishment
The Role of Legal Politics in the Recovery of State Financial Losses Due to Corruption Hamdan, Riko; Nuraya, Adha; Syam, Fauzi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4234

Abstract

Corruption crimes have caused very large losses to the state and can have an impact on the emergence of various crises in various fields such as social life, nationhood, and statehood. Therefore, a legal enforcement method is needed through the establishment of a special body that has broad, independent, and free authority from any power in efforts to eradicate corruption crimes that are carried out maximally, intensively, effectively, professionally, and continuously. This paper uses a normative juridical research method through an approach based on basic legal materials by examining theories, concepts, legal principles, and regulations. Research using a normative juridical method is legal research conducted by examining literature or secondary data as a basis for research by tracing regulations and literature related to the issues being studied. To solve the legal problems that have been formulated and get their answers, this research uses four problem-solving approach models, namely the statutory approach, comparative approach, historical approach, and conceptual approach. The results of this study are various changes and reviews of anti-corruption laws that are legal policies applied by Indonesia as efforts towards legal reform for the better. Because corruption has harmed state finances, efforts to recover state financial losses are carried out through criminal, civil, and administrative channels.
Co-Authors Fauzi Syam Helmi Meri Yarni Nuraya, Adha