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All Journal Jurnal Legisia Rechtsvinding
Hasibuan, H. A. Lawali
Unknown Affiliation
Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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METODE PENAFSIRAN HUKUM SEBAGAI ALAT MENCARI KEADILAN HAKIKI Hasibuan, H. A. Lawali; Nst, Alvin Hamzah
JURNAL LEGISIA Vol 15 No 2 (2023): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v15i2.351

Abstract

 The method of legal interpretation has a crucial role in seeking ultimate justice in the legal system. True justice is an essential principle in maintaining a balance between legal norms and moral values and community justice. This paper discusses how the method of legal interpretation serves as a tool to achieve ultimate justice. The method of legal interpretation is an analytical approach used by legal experts to understande and apply legal norms to concrete situations. Legal interpretations can be diverse, such as textual, historical, systematic, and teleological, each of which has its own focus on reading and applying law. In the context of seeking ultimate justice, these methods must be used holistically and in a balanced manner
Non Conviction Base (NCB) Asset Forfeiture Regarding the Recovery of Assets from the Proceeds of Corruption Crimes Hasibuan, H. A. Lawali
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.661

Abstract

Non-Conviction Based Asset Forfeitureas a new formulation in efforts to return assets resulting from corruption crimes can be adopted into the Indonesian national legal systemas an effort to restore state losses to the maximum. The state losses that have been returned are still not comparable to the state losses that actually exist due to corruption.The research method used is normative juridical law or library legal research (search library), by analyzing literature or secondary data relevant to the topic. This research is descriptive analytical, the data obtained and processed and analyzed to provide a comprehensive picture of the legal regulations on Non Conviction Base (NCB) Asset Forfeiture against the Asset Confiscation Bill with data collection methods through document studies. The results of the study show that asset confiscation without criminalization orNon-Conviction Based Asset Forfeitureis a major breakthrough regarding the return of state wealth (asset recovery) issued by UNCAC in 2003. The conceptNCB Asset Forfeiturein essence is the seizure of assets from the perpetrator of a crime without any prior legal process. So in this case, the seizure is carried out in a civil manner (in brake) and is aimed at the perpetrator's assets without going through a criminal process.
Co-Authors Nst, Alvin Hamzah