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All Journal Jurnal Res Justitia : Jurnal Ilmu Hukum
Ira, Lisa
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Law, Crime, Criminology & Criminal Justice

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ANALISIS KEBIJAKAN POLITIK HUKUM DALAM PENEGAKAN TINDAK PIDANA KORUPSI MELALUI PENGESAHAN RANCANGAN UNDANG-UNDANG PERAMPASAN ASET Ira, Lisa; Sitorus, Yeni Lisa; Erdawati, Lidya; Nababan , Veronika Laurensia Yolanda Br; Haryanti, Dewi
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 2 (2024): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v4i2.138

Abstract

Corruption is an extraordinary crime that should be eradicated. The increase in corruption cases is still stagnant despite various efforts to reduce the number of corruptions. As a country that has ratified the United Nations Convention Against Corruption (UNCAC) through Law No. 7/2006 on the Ratification of the UN Convention Against Corruption, Indonesia should have the same legal standing in matters regulated in UNCAC, including the issue of confiscation of criminal proceeds. The main objective of the Asset Forfeiture Law is how to recover state losses (asset recovery), so that the losses suffered by the state are not significant. This research is conducted to examine and discuss the influence of legal politics in combating corruption through the establishment of the Asset Forfeiture Bill. The research method used in this research is normative juridical, by analyzing applicable legal norms supported by doctrines that develop in law. The results showed that legal politics influenced the ratification of the Asset Forfeiture Bill. The Asset Forfeiture Bill is important to be ratified immediately in order to provide a deterrent effect for corruptors
URGENSI PENGUNAAN LANDASAN FILOSOFIS, SOSIOLOGIS, DAN YURIDIS DALAM KEPUTUSAN KEPALA DAERAH Ira, Lisa
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 2 (2024): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v4i2.155

Abstract

Regional autonomy gives the rights, authorities, and obligations to the regions to regulate and manage their own government affairs and the interests of the local community, one of which is to make regional policies such as Regional Regulations, Regional Head Regulations, Regional Head Decisions and others. Regional head decisions are one type of regional legal product which is one of the authorities of the regional head. Philosophical, sociological, and juridical foundations are part of the elements of good legislation. this study discusses the urgency of using philosophical, juridical, sociological foundations in the Decree of the Regional Head because the Decree is a determination that is not part of the regulation unless it fulfils the requirements as referred to in Law 12 of 2011 concerning the Formation of Legislation. The research method used in this research is the normative juridical method or it can be interpreted that this research is conducted with literature or secondary data. With a statutory approach and analytical approach. The results show that in the context of drafting regulations and decisions at the regional level, including decisions of regional heads, containing philosophical, sociological, and juridical foundations is not always explicitly required for every regent's decision. However, these principles are highly recommended and often applied in practice to ensure the quality and legitimacy of such decisions
Co-Authors Dewi Haryanti Erdawati, Lidya Nababan , Veronika Laurensia Yolanda Br Sitorus, Yeni Lisa