Cameron, Calvin
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Problems in the Application of Law in the Indra Kenz Fraudulent Investment Case Alamsyah, Feiruz Rachmita; Cameron, Calvin; Ridwan, Piero; Yustisia, Muhammad Tio; Romadhon, Moh. Rahmat Rizki; Yusuf, Natasya Thufailah
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.67847

Abstract

Fraudulent investment, also known as fake investment, is one of the most serious problems in Indonesia. One of the most famous cases of fraudulent investment is the case of Indra Kenz, a young entrepreneur who ran a fraudulent investment business that defrauded thousands of people. This article aims to analyze Indra Kenz's fraudulent investment case from a legal perspective using the normative juridical research method. Data is obtained from literature study and analysis of documents related to Indra Kenz's case. The results of the analysis show that Indra Kenz's fraudulent investment practices violated a number of laws and regulations in Indonesia, such as Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering. In addition, the practice also violated fundamental legal principles, such as the principles of justice and trust. Indra Kenz's case is a valuable lesson for the public and the government to be more vigilant against fraudulent investment practices. The government needs to improve supervision and provide strict sanctions for fraudulent investment actors to prevent similar cases from occurring in the future.
Modification of Prison Sanctions as an Effort to Overcome Overcapacity in Correctional Institutions in Indonesia: Modifikasi Sanksi Pidana Penjara Sebagai Upaya Mengatasi Overkapasitas dalam Lembaga Pemasyarakatan di Indonesia Cameron, Calvin; Maskur, Muhammad Azil
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.11200

Abstract

Prison sentences remain one of the types of sanctions frequently imposed as a means of controlling criminal acts. This is due to the tendency to form criminal law regulations oriented towards punishment and sentencing, leading to over-criminalization, which in turn triggers overcapacity in correctional institutions, thus affecting the essence of the rehabilitation and reintegration process. This study employs a qualitative research approach with empirical research types. The data used consists of primary data sources, including interviews with officers from Semarang Class I Correctional Institution and judges from Semarang Class IA Special District Court, and secondary data sources, including legal regulations and scholarly publication materials such as journals, theses, dissertations, books, and legal dictionaries. The data collected is then processed, reduced, analyzed, and described descriptively. The research findings indicate that overcapacity occurs due to regulations and sentencing systems that tend to be oriented towards imprisonment. The prevalence of imposing prison sentences is also caused by extensive regulation within and outside the Criminal Code, combined with the law enforcement paradigm that views imprisonment as an obligation and the absence of sentencing guidelines. The overcapacity condition then triggers negative effects and the failure to fulfill the essence of rehabilitation and reintegration. Sanction modification efforts include reducing prison sentences through the application of weekend jail (intermittent sentencing); recovery and rehabilitation; judicial pardon; and the implementation of restorative justice.