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Barriers and Challenges of Death Penalty Implementation against Corruption Crimes Perpetrators in Indonesia Zulfan; Husni; Muhammad Hatta; Ramalinggam Rajamanickam
Cendekia : Jurnal Hukum, Sosial dan Humaniora Vol. 2 No. 3 (2024): Cendekia : Jurnal Hukum, Sosial dan Humaniora
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12741592

Abstract

Since the enactment of the anti-corruption law, no perpetrators of corruption in Indonesia have been sentenced to death. The obstacle to implementing the death penalty for corruptors lies in the provisions set forth in Article 2 paragraph (2) of Law No. 31 of 1999 and its Jo. Law No. 20 of 2001 regarding the corruption eradication, which specifies that the death penalty can only be imposed under certain circumstances. The interpretation of "certain circumstances" such as corruption of funds for mitigation against states of danger, natural disasters, social unrest, mitigation of monetary crises, and mitigation of corruption crimes; is determined by other institutions/agencies, which opens up a broader interpretation and debate and is difficult to measure because it is not limitative. To address the issue of corruption crimes, the government must amend the conditions for imposing the death penalty by restricting the interpretation of "certain circumstances" that highlight the severity of state losses due to criminal crimes.
Application of Blockchain Technology in Cross-Border Telecommunications Network Fraud to Ensure China’s Judicial Justice Chen Siqi; Ramalinggam Rajamanickam; Nazura Abdul Manap; Zamre Mohd Zahir
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i3.1554

Abstract

Cross-border telecommunication fraud involves criminals abroad using network technology to remotely defraud Chinese citizens. China is currently facing more severe problems in combating cross-border telecommunications network fraud, including the easy destruction of electronic evidence during the process of collecting and storing evidence, low investigation efficiency in cross-border judicial cooperation, and the difficulty in tracing stolen money involved in cases located abroad. In order to combat crime and achieve judicial justice, investigators need to use the latest science and technology to improve case handling efficiency, and blockchain technology is exactly what they are paying attention to. Blockchain technology, as an emerging technology, has the characteristics of decentralization and non-tampering, and has unique advantages in the acquisition, storage and circulation of data. Therefore, this article aims to explore the necessity and feasibility of applying blockchain technology to combat cross-border telecommunication network fraud. This article adopts qualitative approaches to analyze the current Chinese legal provisions and research literature on the field of cross-border telecommunication network fraud, and provides a comprehensive understanding of blockchain technology. This article proposes leveraging the characteristics of blockchain technology to prevent telecommunication network fraud by establishing a personal information protection mechanism and a suspicious fund flow supervision mechanism through blockchain technology. Furthermore, the efficiency of investigation can be improved by establishing an internal communication and cooperation mechanism. The authenticity and integrity of evidence can be ensured by establishing blockchain forensics and evidence storage system.
Dynamics of Resolving Gross Human Rights Violations in Aceh Muhammad Ghozali; Rais Aufar; Cut Afra; T Samsul Bahri; M Agra Dwadima; Ramalinggam Rajamanickam
International Journal of Law, Social Science, and Humanities Vol. 2 No. 2 (2025): IJLSH - July 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i2.192

Abstract

Following the peace agreement in Aceh in 2005, Indonesia through Law Number 11 of 2006 established the legal basis for the establishment of the Aceh Truth and Reconciliation Commission (TRC), with the aim of addressing human rights violations that occurred during the conflict. The TRC was mandated to formulate recommendations for reparations for victims, but although these recommendations have been formulated, their implementation has not been fully implemented. This study reveals that although reparation recommendations have been made, their implementation is highly dependent on the policies and decisions of the Aceh Government, which can then delegate implementation to related institutions based on the urgency and needs of the victims.