Anis Widyawati
Universitas Diponegoro

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The Role of The Prosecutor as Executor of Court Decisions in Returning Confiscated Objects and State Spoils in Criminal Cases: Comparing Indonesia, Malaysia, Nigeria, and Thailan Ameerah binti Amir; Wahyu Nur Hanifah; Anis Widyawati; Ngboawaji Daniel Nte; Arthur Smith
Indonesian Journal of Criminal Law Studies Vol. 7 No. 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.38373

Abstract

The execution of court decisions especially for confiscated objects and state spoils face some challenges in Indonesia. This research aims to find out the the executive of court decisions in the return of evidence, as well as what factors affect the presecutor as the executor of the court’s decision. The research questions formulated as first, what is the role of the presecutor in carrying out of the execution of the court's verdict on the return of evidence? and second, what are the factors that affect the presecutor as the executor of the court's decision in the return of evidence? The research method used in this research is qualitative research method with a type of socio-legal studies. This research found and highlighted that the execution of the court’s decision on the status of the evidence carried out by the Prosecutor after the adjudicator's decision has been signed. There are four factors that influence the level of effectiveness of the Prosecutor as the executor of court decisions with regard to evidence, including the legal factor itself, the community factor, the law enforcement officer factor, as well as the legal facilities and facilities factor. Various regulations have been drafted, however, none of them have explicitly regulated the threat of sanctions for prosecutors who do not immediately carry out executions, lack of coordination between related parties, and limited legal facilities and facilities are factors that affect the effectiveness of prosecutors in carrying out their duties.
Effectiveness of Ship Sinking of Illegal Fishing in Term of the Improvement of Local Fishermen Income Muhammad Azil Maskur; Ali Masyhar; Bagus Hendradi Kusuma; Anis Widyawati
Indonesian Journal of Criminal Law Studies Vol. 6 No. 2 (2021): Indonesia J. Crim. L. Studies (November, 2021)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i2.38384

Abstract

Illegal fishing in Indonesia is at an alarming point, that the Ministry of Maritime Affairs and Fisheries made a policy of ship sinking. There are pros and cons related to these sanctions, not even a little resistance from both the internal government itself and the mafia who have been enjoying the results of Illegal Fishing. The sustainability of this policy has been almost 4 years. Data represents that through this policy, illegal fishing has dropped dramatically, so that when viewed in terms of criminal penalties for deterrence (absolute theory), the policy is very effective. However, whether the policy has an impact on the income of local fishermen, logically, when there is illegal fishing of small fish, the income of local fishermen increases. In order to figure out the effectiveness of illegal fishing sanctions in relation to increasing local fishermen’s income, the researchers determined the location of the study in the Tambak Lorok Fishing Village in Semarang.