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p-Index From 2020 - 2025
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All Journal JHCLS Indonesian Journal of Advocacy and Legal Services
Suwadi , Pujiyono
Unknown Affiliation
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

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The Effectiveness of Recovering Losses on State Assets Policy in Dismissing Handling of Corruption Rukmono, Bambang Sugeng; Suwadi , Pujiyono; Saiful Islam , Muhammad
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i2.259

Abstract

The recovery of state financial losses due to corruption in Indonesia does not reduce the criminal risk for corruptors, and the purpose of this study is to examine the effectiveness of asset forfeiture from corruption in Indonesia. This comparative normative legal research compares the recovery of state losses due to corruption in Indonesia and Saudi Arabia. This research confirms that. First, the current legal framework for collecting and seizing corruption-related assets in Indonesia must be revised to recover state financial losses. Second, the existing mechanisms need to be improved for law enforcement against corruption, particularly the recovery of state losses. When compared to Saudi Arabia, the mechanism for recovering corruption assets in Indonesia is less efficient, considering that in Saudi Arabia, corruptors may lose 70% of their wealth confiscated by the Saudi Arabian government. Third, the seizure of corrupt assets in Indonesia must use the paradigm of unexplained wealth. This approach allows for confiscating assets belonging to people whose value is grossly disproportionate to their known income and who cannot prove (using reverse proof) that they acquired the assets legally.
Corruption Policy Challenges in Combating Land Mafia: Experiences from Several Countries Hartanto, Ponco; Suwadi , Pujiyono; Rustamaji , Muhammad; Kamil, Rizqan
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.233

Abstract

This study describes the criminal law technique used to eradicate land mafia in Indonesia, the UK, and the UAE, including corruption law. This is a normative comparative legal study. The results show that the first eradication of land mafia practices in Indonesia, the UK, and the UAE followed the same pattern. In the UK and UAE, law enforcement can use bribery offenses if land mafia practices involve public or state officials with bribery signs and money laundering offenses if the funds are manipulated. Second, no specific criminal law in Indonesia is used to eradicate land mafia practices. However, the law of corruption can be used if the practice causes state financial losses, bribery offenses can be used if the practice involves bribing state officials or public officials, and the Indonesian Criminal Code can be used if the practice involves stealing. Third, Technology can be used to prevent and reduce land mafia in Indonesia by ensuring transparency and accountability of maps and land ownership. The government's "One Map Policy" aims to unify and integrate all land-related data and information into one integrated map. This policy clarifies property ownership and legal status to reduce land mafia possibilities and actions.
Legal Frameworks and Advocacy in Bankruptcy Restructuring: A Comparative Analysis of Financial Service Authorities in Indonesia and the United States Kurniawan, Itok Dwi; Suwadi , Pujiyono; Soehartono , Soehartono; Fernades, Acacio
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.13909

Abstract

Bankruptcy is one of the options available for debtors to resolve financial difficulties when the debtor is unable or is estimated to be unable to pay the obligations owed to the debtor's creditors which are due and billed. Everyone seeking justice must follow certain procedures, including bankruptcy and suspension of debt repayment obligations. The application for bankruptcy and suspension of debt payment obligations is the first step, followed by a decision to declare bankruptcy and suspension of debt payment obligations, as well as all legal remedies. OJK has issued a Credit Restructuring Policy based on Financial Services Authority Regulation Number 11/POJK.03/2020 concerning Economic Stimulus as a Countercyclical Policy for the Impact of the 2019 Coronavirus. This procedure will require debtor restructuring to avoid bankruptcy, either through debt restructuring or corporate restructuring. The purpose of this study is to obtain an overview of the implementation of restructuring in the process of bankruptcy and payment delays, as well as a reference for maximizing debtor restructuring plans. This study finds that debt restructuring and deferred payments are mostly debt restructuring and begin with a settlement plan. Rescheduling consists of selling assets, acquiring new equity, and engaging in debt-to-equity swaps. When the debtor arranges a plan restructuring, fixation begins. Some of the main causes are debtors' misunderstandings about how to use the restructuring plan. Furthermore, in other situations, the implementation of the restructuring may fail due to the debtor's inability to manage the business and its obligations.
Co-Authors Fernades, Acacio Hartanto, Ponco ITOK DWI KURNIAWAN Kamil, Rizqan Rukmono, Bambang Sugeng Rustamaji , Muhammad Saiful Islam , Muhammad Soehartono , Soehartono