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All Journal The International Conference on Education, Social Sciences and Technology (ICESST) International Journal of Law, Crime and Justice
Nabilah Syaharani
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Computer Science & IT Environmental Science Law, Crime, Criminology & Criminal Justice

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Criminal Responsibility of Children as Perpetrators of Murder Yasmirah Mandasari Saragih; Rahul Ardian Fikri; Nabilah Syaharani
The International Conference on Education, Social Sciences and Technology (ICESST) Vol. 3 No. 1 (2024): The International Conference on Education, Social Sciences and Technology
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/icesst.v3i1.423

Abstract

Violent theft is indeed a crime that makes society restless. People dare to do it because of weak economic factors and always expect wealth that takes the property of others. The phenomenon that has occurred in society lately is that many perpetrators of violent theft are minors. This study aims to determine, examine and analyze 1. The Criminal Act of Violent Theft in Positive Law, 2. The Purpose of the Juvenile Criminal Justice System Based on Several Paradigms (Individual Guidance, Restorative Paradigm, and Distributive), According to the Beijing Rules, and the Children's Convention. The approach method used in this study is normative juridical. The specification of this study is descriptive analytical, the data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the research results, it can be concluded: 1. The crime of aggravated theft or theft with violence regulated in Article 365 is also a theft with qualifications or is a theft with aggravating elements. Thus, what is regulated in this article is actually only one crime, and not two crimes consisting of the crime of 'theft' and the crime of 'using violence against people'. 2. The juvenile justice system will prioritize the welfare of children and will ensure that any reaction to juvenile lawbreakers will always be commensurate with the circumstances of both the lawbreakers and the lawbreakers.
Impoverishment Punishment as a Progressive Approach in Handling Corruption: Legal Studies and Practices in Indonesia Yasmirah Mandasari Saragih; Rahul Ardian Fikri; Nabilah Syaharani
The International Conference on Education, Social Sciences and Technology (ICESST) Vol. 3 No. 2 (2024): The International Conference on Education, Social Sciences and Technology
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/icesst.v3i2.424

Abstract

Corruption is one of the criminal acts that has a destructive impact on development and public trust. In an effort to strengthen the eradication of corruption, impoverishment punishment is proposed as a progressive approach that aims to provide a deterrent effect and restore state losses. This study aims to analyze the effectiveness of the application of impoverishment punishment in handling corruption in Indonesia. The method used is a juridical-sociological approach, by examining applicable regulations and the impact of their application in practice.The results of the study show that impoverishment punishment has great potential in reducing corruption rates, especially with the confiscation of assets from crime which can reduce the motivation of perpetrators to commit corruption. However, the implementation of this punishment faces various challenges, including the lack of regulatory synchronization, technological limitations in asset tracking, and political resistance. This study recommends strengthening regulations, increasing the capacity of financial forensic technology, and public education to support the effective implementation of impoverishment punishment. With the right strategy, impoverishment punishment can be one of the key instruments in building a stronger and more equitable corruption eradication system.
Effectiveness of Impoverishment Punishment Implementation in Handling Corruption Crimes Yasmirah Mandasari Saragih; Rahul Ardian Fikri; Nabilah Syaharani
International Journal of Law, Crime and Justice Vol. 1 No. 4 (2024): December : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i4.285

Abstract

Corruption is a serious crime that has a wide impact on economic stability, public trust, and governance. Impoverishment punishment, as a form of alternative sanction, aims to provide a deterrent effect for perpetrators of corruption by confiscating assets obtained illegally. This study analyzes the effectiveness of the implementation of impoverishment punishment in the context of the legal system in Indonesia. The approach used is a normative and empirical study by evaluating existing regulations, case studies of the implementation of impoverishment punishment, and its impact on perpetrators and prevention of corruption in the future. The results of the study show that although impoverishment punishment has the potential to be an effective instrument, its implementation faces various challenges, including weak law enforcement, political resistance, and regulatory limitations. Therefore, legal reform and institutional strengthening are needed to ensure that this punishment can be implemented optimally in efforts to eradicate corruption.
Co-Authors , Rahul Ardian Fikri Yasmirah Mandasari Saragih