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All Journal International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) Journal of International Islamic Law, Human Right and Public Policy
Ilmuwani Lubis
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice

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RESTORATIVE JUSTICE IN SETTLEMENT OF MINOR CRIMES Ilmuwani Lubis; Firman Halawa
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.331

Abstract

According to the proponents of the value of justice, the law has been moving quickly and more sharply if legal cases are related to small people and question the interests of big people, including those with power. However, if there is a case that involves or is suspected of being the perpetrator, big people and powerful people, then the law seems to be paralyzed and dull. Apart from requiring legal certainty and justice, legal solutions must also have beneficial value, which is the current problem and challenge. namely, how to realize a law enforcement process that is able to fulfill legal objectives, namely achieving legal certainty that is just and useful. The method used in this research is a descriptive analytical method with a normative juridical main approach.Reforming criminal law must be carried out with a policy approach, because it is essentially part of a policy step or policy (i.e. part of legal politics/law enforcement, criminal law politics, criminal politics and social politics). Criminal justice is not just seen as a crime prevention system. , but is seen as a social problem that is the same as crime itself. The implementation of criminal sanctions needs to be linked to human development policies that want to form complete Indonesian people. The use of criminal sanctions imposed on violators must be in accordance with civilized human values. Apart from that, punishment is used to raise awareness among offenders of human values ​​and social values. Prioritizing peace through deliberation to reach consensus is an integral mechanism in the life of society in Indonesia. Legal reform in Indonesia cannot be separated from conditions. The objective of Indonesian society is to uphold the values ​​of religious law in addition to traditional law, so it is necessary to explore legal products that are sourced and rooted in cultural, moral and religious values. Settlement of ordinary criminal acts with minor motives can be achieved through penal mediation, called the restorative justice approach, which focuses on there is direct participation of perpetrators, victims and the community in interpreting criminal acts. Restorative justice is also a new framework of thinking that can be used in responding to criminal acts for law enforcers and workers in Indonesia.
CRIMINAL LAW POLICY REGARDING THE AUTHORITY OF THE CORRUPTION ERADICATION COMMISSION IN INVESTIGATIONS OF OFFENDERSTHE CRIME OF CORRUPTION IN PROCUREMENT OF MAIN EQUIPMENTBY PERSONNEL OF THE INDONESIAN NATIONAL ARMY Ilmuwani Lubis; Yasmirah Mandasari Saragih; Karolus Agung Dery Rianto; Irfan Rizky Pradya; Willy Novan Prakoso
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 2 No. 12 (2023): NOVEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v2i12.297

Abstract

The Corruption Eradication Commission is an independent institution formed specifically to handle corruption cases which is equipped with a set of authorities in carrying out the duties of investigation, investigation and prosecution. In carrying out the duties and authority of the Corruption Eradication Commission in conducting investigations. perpetrators of corruption, procurement of key TNI equipment and the Military Justice Law, giving rise to pros and cons in various circles. The purpose of writing this thesis is; first, to find out the authority of the Corruption Eradication Commission in investigating perpetrators of corruption in the procurement of defense equipment, especially that carried out by the TNI. Second, to find out the criminal law policy regarding this authority. The Corruption Eradication Commission in investigating perpetrators of corruption in the procurement of TNI defense equipment. In writing this thesis the author used normative juridical research methods which emphasize legal principles, namely the principle of legality. Then it is analyzed qualitatively and conclusions are drawn using a deductive method. The results of the author's research are; First, the investigation carried out by the Corruption Eradication Commission has a legal basis under Article 42 of Law Number 30 of 2002 concerning the Corruption Eradication Commission. All authorities relating to investigations, investigations and prosecutions as regulated in Law Number 8 of 1981 concerning Criminal Procedure Law. also applies to investigators, investigators and public prosecutors within the Corruption Eradication Commission. The criminal law policy regarding the handling carried out by the Corruption Eradication Commission and the TNI regarding corruption cases committed by TNI personnel is a separate treatment. Finally, the author submits a suggestion that the President together with the House of Representatives (DPR) need to establish regulations regarding procedures and procedures for investigations or that existing laws and regulations must be changed so that there are no errors in the authority of investigations by any institution, including the Corruption Eradication Committee, and so that implementation or execution The investigation has a clear legal umbrella and has legal jurisdiction.
EFFORTS TO OVERCOME THE CRIME OF MONEY LAUNDERING (PADANG LAWAS POLICE RESEARCH STUDY) Ilmuwani Lubis; Karolus Agung Dery Rianto; Irfan Rizky Pradya; Willy Novan Prakoso; Stephen Martin
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i2.6

Abstract

Money laundering, often known as money laundering, is carried out by government officials who hold the power to recover illegal money after getting results that do not belong to them. In Indonesian, money laundering is translated as "money laundering" or "money bleaching". Article 3 of Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering states that every person who places, transfers, diverts, spends, pays, grants, entrusts, takes abroad, changes the form, exchanges for currency or securities or acts other assets which he knows or reasonably suspects are the proceeds of a crime with a maximum imprisonment of 20 (twenty) years and a maximum fine of Rp. 10,000,000,000.00 (ten billion rupiah). Based on research at the Special Investigation Unit of the Padang Lawas Police, there was a crime of money laundering. However, in reality there are still obstacles in solving the crime of money laundering. This research aims to explain the law enforcement process by the Criminal Investigation Unit of the Medan Police Special Investigations Section in the crime of money laundering, the efforts made by the Padang Lawas Police Criminal Investigation Unit in dealing with criminal acts of money laundering and the obstacles faced by the Special Criminal Investigation Unit of the Padang Lawas Police Special Investigations Section in tackling the crime of money laundering.
REVIEW OF CRIMINAL LAW IN PROVIDING LEGAL PROTECTION TO CRIME VICTIMS IN THE JUSTICE SYSTEM CRIME IN INDONESIA Ilmuwani Lubis; Karolus Agung Dery Rianto; Irfan Rizky Pradya; Willy Novan Prakoso; Syaiful Asmi Hasibuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.16

Abstract

There is relatively little attention paid to victims of criminal acts as can be seen in the Criminal Code which only formulates the rights of victims of criminal acts in one article, namely Article 14 c paragraph (1) which regulates the right to compensation for victims of criminal acts of a criminal nature. civil. The Criminal Procedure Code also regulates the rights of victims of criminal acts in Articles 98-101, which regulates combining claims for compensation with criminal cases. In the practice of criminal justice in Indonesia, it can be said that almost no judges make decisions based on the articles mentioned above. The problem in this research is what is the position and role of victims of criminal acts in the criminal justice system in Indonesia; What is the criminal law policy through the responsibilities of the Criminal Justice apparatus in providing legal protection to victims of criminal acts in the criminal justice system in Indonesia; How to provide legal protection to victims of criminal acts in the criminal justice system in the future. This research uses a sociological juridical approach. This research is a type of research that combines a normative approach and a sociological approach. This means that in addition to studying the law in a theoretical context, we also see directly what is happening in society. The research results show that the right to protection and restoration of legal interests in the criminal justice process is as stated in Law Number 8 of 1981 concerning the Criminal Procedure Code and is also formulated morally in Declaration of Basic Principles of Justice for Victims of Crime and abuse of Power, which includes: ways to obtain justice and fair treatment, including, among other things, the right to a mechanism for obtaining justice; has the right to obtain compensation for the suffering he has suffered; It is possible to obtain compensation using formal procedures (law) or informally (by arbitration, customary practices or customary law), which are fast, honest, cheap and acceptable. However, in reality the victim does not get anything.
EFFORTS TO ADDRESS THE RIGHTS OF RESTITUTION OF CHILD VICTIMS RESEARCH STUDY OF THE OFFICE OF WOMEN'S EMPOWERMENT, CHILD PROTECTION AND COMMUNITY OF BINJAI CITY Ilmuwani Lubis; Firman Halawa; Yamirah Mandasari Saragih
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i2.51

Abstract

This writing is motivated by various forms of problems which are used as complaints experienced by several communities regarding criminal acts of violence experienced by children and women. The research method used is the Empirical Juridical method with a descriptive analysis approach. The results of this research show that the efforts made by the women's empowerment, child protection and community services provide legal protection for children who are victims of domestic violence in coordination with non-governmental organizations such as the Indonesian Child Advocacy Institute (LAAI). The Indonesian Child Advocacy Institute (LAAI), physically provides child protection by means of Litigation and Non-litigation, the factors behind which a child who has experienced violence can have the right to restitution depending on the situation and conditions faced, such as victims of criminal acts of sexual violence have the right to receive restitution and recovery services in the form of compensation for loss of wealth or income, compensation for losses incurred as a result of directly related suffering as a result of criminal acts of sexual violence, reimbursement for medical or psychological treatment costs and compensation for other losses.
Co-Authors Firman Halawa Irfan Rizky Pradya Karolus Agung Dery Rianto Stephen Martin Syaiful Asmi Hasibuan, Syaiful Asmi Willy Novan Prakoso Yamirah Mandasari Saragih Yasmirah Mandasari Saragih