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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Refleksi Hukum: Jurnal Ilmu Hukum
Airlangga, Rendy
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Law, Crime, Criminology & Criminal Justice

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REFORMULASI KONSEP DIVERSI BERDASARKAN CITA HUKUM NON-DISKRIMINASI Airlangga, Rendy; Pradipta, Hizkia Andhian; Erdianto, Dyta Widi
Refleksi Hukum: Jurnal Ilmu Hukum Vol. 8 No. 1 (2023): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24246/jrh.2023.v8.i1.p17-38

Abstract

The SPPA Law carries restorative justice approach in the form of diversion. The application of restorative approach in SPPA Law has the aim of protecting the child. However, the implementation adheres to discriminatory requirements. The formulation of the problems are: (1) What are the ideal conditions for diversion? (2) What are the problems in the diversion agreement? The method that being used in this study is normative juridical method with statutory and conceptual approach. The application of diversion should be executed for all ABH. Diversion requirements limit the application of restorative justice and provide space to take revenge on ABH. The diversion agreement can create a sense of injustice in society. Reconciliation and return to parents are not an effective way of diversion. Participation in education and community service should be the key so that ABH do not repeat their actions.
Questioning the Meaning of Financial or State Economic Losses in Corruption Crimes After the Constitutional Court Decision Number 25/PUU-XIV/2016 Airlangga, Rendy; Abidin, R.B. Muhammad Zainal; Mahendra Suhartono; Purwoleksono, Didik Endro
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5200

Abstract

The Constitutional Court Decision Number 25/PUU-XIV/2016 has changed Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law from formal criminal act to material criminal act, so that state losses must be interpreted as actual losses. On the basis of that decision, this research analyses the original intent or ratio legis of the word "can" in Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law, which is useful to understand the spirit underlying the formulation of the word 'can’ or ‘formal criminal act’ since the inception of the Law. In addition, this research also reconstructs the meaning of financial losses or the state economy based on aspects morality. This research is doctrinal research that uses statute, conceptual, and case approaches. The results of this study conclude that the formulation of the word "can" in Articles 2 Paragraphs (1) and 3 of the Eradication of Corruption Crime Law is intended to facilitate proof of corruption in the field of finance or the state economy in Indonesia, whose modus operandi is increasingly sophisticated and complicated. However, corruption crimes are not only about financial or economic losses that must be proven and can be calculated but also moral losses that cannot be seen and calculated. Therefore, the reconstruction of the meaning of potential loss in Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law in the future is very important to save the nation's morals.
Co-Authors Abidin, R.B. Muhammad Zainal Didik Endro Purwoleksono Erdianto, Dyta Widi Mahendra Suhartono Pradipta, Hizkia Andhian