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All Journal Hang Tuah Law Journal Lex Journal : Kajian Hukum dan Keadilan
Aniqoh, Ihda
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Law, Crime, Criminology & Criminal Justice

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Concept of Restorative Justice in the Crime of Money Laundering which is detrimental to the State due to Corruption Crimes Aniqoh, Ihda; Kurniawan, Bagus Dwi; Pham, Thanh Nga
Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v8i1.8775

Abstract

Every country has the right to resolve money laundering cases through restorative justice in returning assets as an effort to recover state financial losses resulting from criminal acts of corruption through the United Nations Convention Against Corruption (UNCAC) which is signed by 133 countries. The aim of this research is to analyze how the concept of restorative justice is applied in money laundering crimes which are detrimental to the State due to the increasing number of criminal acts of corruption in Indonesia. The type of research used is normative legal research using a statutory approach and a conceptual approach. The results of this research are that the application of the concept of restorative justice in the crime of money laundering which is detrimental to the State due to criminal acts of corruption can be applied in Indonesia as long as it does not conflict with Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Crimes. Corruption Crime. Rules related to the concept of Restorative Justice are contained in the Circular Letter of the Deputy Attorney General for Special Crimes Number: B113/F/Fd.1/05/2010 dated 18 May 2010 and the Letter of the Chief of Police No. Pol. B/3022/XII/2009 concerning the concept of Alternative Dispute Resolution.
Dualistic View in the Formulation of Criminal Offenses in the National Criminal Code Cahyono, Anton; Vahini Mahiratna, Gusti Ayu Gita Dharma; Mutmainnah, Luluk; Aniqoh, Ihda; Kusuma, Indra Fredika
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.248

Abstract

This article discusses the shift in criminal law perspectives in Indonesia from monist to dualist within the National Criminal Code (KUHP). These reforms were driven by the need for a better criminal legal framework in line with societal developments. The aim of criminal law reform is to achieve legal certainty, justice, and utility. The reasons for reform are influenced by political, sociological, psychological, and practical aspects. Reform efforts include legal discoveries through interpretation, analogy, and legal refinement, covering substantive, structural, and cultural aspects of the law. The National Criminal Code of Indonesia has shifted its perspective from monist to dualist. Monist theory unifies the wrongful nature and culpability as elements of a criminal act, while dualist theory separates them. The National Criminal Code affirms this separation but still formulates the subjective element of negligence in specific criminal acts. This shift in perspective has implications for law enforcement processes in courts. Prosecutors are not required to prove intent, and courts must balance criminal acts and criminal liability. However, there is a need for the development and understanding of these concepts by law enforcement, legal advisors, and judges to maintain a balance between legal certainty and justice. In conclusion, the National Criminal Code adopts a dualist perspective to strengthen the role of criminal law. The separation of criminal acts and criminal liability is expected to enhance the balance between legal certainty and justice in criminal court decisions in Indonesia.
Co-Authors Bagus Dwi Kurniawan, Bagus Dwi Cahyono, Anton Kusuma, Indra Fredika Mutmainnah, Luluk Pham, Thanh Nga Vahini Mahiratna, Gusti Ayu Gita Dharma