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All Journal JHCLS Indonesian Journal of Advocacy and Legal Services
Suwadi , Pujiyono
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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.
Transparent Peace Fines for Economic Crimes Policy Wijayanti, Suci; Suparji, Suparji; Suwadi , Pujiyono
Journal of Human Rights, Culture and Legal System Vol. 5 No. 3 (2025): 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.v5i3.794

Abstract

The peace fine mechanism has increasingly been applied as an alternative to formal judicial proceedings in resolving economic crimes in Indonesia. However, its growing use reveals significant juridical and conceptual problems, particularly the lack of an integrated legal framework and the fragmentation of regulation across sectoral laws. These conditions generate legal uncertainty and raise concerns regarding accountability and the potential abuse of discretionary power by law enforcement authorities.  This study aims to examine the normative foundation, scope, and limitations of the peace fine mechanism by focusing on the boundaries of prosecutorial authority and the implications for the principle of legality. To achieve this objective, the research applies a normative legal method with a doctrinal approach, systematically analyzing statutory instruments, including the Economic Crime Law, the Prosecutor’s Law, the Anti-Corruption Law, and relevant sectoral regulations. This study produces three principal findings. First, existing sectoral legislation implicitly recognizes non-judicial settlement mechanisms; however, the Indonesian legal system does not provide a comprehensive regulatory framework that clearly delineates the criteria, procedures, and legal consequences of the peace fine mechanism. Second, the absence of such regulation generates legal uncertainty and enables large corporations to circumvent criminal liability. Third, based on these findings, the study affirms the urgent necessity for the State to formulate and enact a comprehensive Economic Criminal Law to guarantee legal certainty, accountability, and coherence in the application of both judicial and non-judicial settlement mechanisms for economic crimes
Co-Authors Bambang Sugeng Rukmono Fernades, Acacio Hartanto, Ponco ITOK DWI KURNIAWAN Kamil, Rizqan Rustamaji , Muhammad Saiful Islam , Muhammad Soehartono , Soehartono Suparji Suparji Wijayanti, Suci