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Asset Forfeiture for the Offense of Illicit Enrichment: Between Eradication and Deterrence Ashalirrohman, Yusron; Nurhayati
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.v8i1.8771

The Indonesian government has ratified the United Nations Convention Against Corruption (UNCAC) or the UN Anti-Corruption Convention with law number 7 of 2006. One of the important issues is the return of criminal assets through asset confiscation and criminalizing illicit enrichment. However, to date the Asset Forfeiture Bill has not been passed. This research aims to examine the practice of asset confiscation in Indonesia, the obstacles that arise as a result of the incomplete discussion of the Draft Law on Asset Forfeiture, giving the impression that there is an attempt to obstruct it, and the urgency of reforming the law for handling criminal acts of corruption by criminalizing asset confiscation for illicit enrichment offenses. This research uses a normative method with a statutory, conceptual and country comparison approach. From the results of this research, recommendations were obtained to strengthen and encourage efforts to ratify the Draft Law on Asset Forfeiture in Indonesia.

IMPLEMENTASI PENYIDIKAN TINDAK PIDANA ILLEGAL LOGGING DI WILAYAH KABUPATEN TOJO UNA UNA Mardin, Nurhayati; Haryanti, Tuti; Nur Qalbi, VIvi; Kharismawan, Adiguna
Al-Adl : Jurnal Hukum Vol 16, No 2 (2024)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v16i2.14018

Deforestation is a phenomenon that needs to be addressed seriously to preserve the environment. One of the causes of deforestation is illegal logging activities in forest areas. The purpose of this research is to examine the impact of illegal logging, analyze the law enforcement process against illegal logging perpetrators and analyse obstacles in the implementation of law enforcement against illegal logging in Tojo Una-Una Regency. The research method uses empirical juridical research by using a conceptual approach and a case approach. This research concludes that the investigation of the crime of illegal logging in the Tojo Una-Una Regency area is carried out by Investigators at the Tojo Una-Una Police Station and Civil Servant Investigators of the Sulawesi Regional Environmental and Forestry Law Enforcement and Security Centre and obstacles in the implementation of law enforcement come from technical obstacles such as the difficulty of the terrain that must be traversed to reach the forest area, lack of facilities and infrastructure and lack of personnel at Tojo Una-Una Police Station and investigators of the Sulawesi Regional Environmental and Forestry Law Enforcement and Security Centre to carry out law enforcement duties against illegal logging crimes, as well as obstacles originating from the rule of law or legal substance, especially after the enactment of the Job Creation law.

Seeking Substantive Justice: The Progressive Spirit of Law on Sexual Violence Crimes Nurhayati Nurhayati; Ana Fauzia; Fathul Hamdani; Nurhayati binti Abdul Ghani
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3749

Sexual violence is a massive phenomenon that occurs in society. Sexual violence occurs in various places in Indonesia, including educational institutions. Massive sexual violence made the government and the House of Representatives (Dewan Perwakilan Rakyat or DPR) pass the Law on Sexual Violence Crimes (Indonesian: Undang-Undang Tindak Pidana Kekerasan Seksual, abbreviated as TPKS Law). The TPKS Law is oriented as an effort to prevent and overcome criminal acts of sexual harassment. This study aims to analyze the progressive orientation of the TPKS Law, including how the TPKS Law can provide and present substantive justice in society. This research is normative legal research that seeks to discuss and analyze legal products in the form of laws. The approach in this research is a conceptual approach and a statutory approach. The results of the study confirm that the TPKS Law is a law with a responsive character in the form of a progressive orientation related to preventive approaches to prevent sexual violence and the need for policies and mechanisms in each institution to prevent as well as crack down on sexual violence, the need for regular socialization and understanding of sexual violence in each institution, community, transparent, consistent, and conscientious enforcement of criminal law related to sexual violence, and the need for other mechanisms related to efforts to ensure healing and fulfillment of rights for victims of sexual violence.

Environment as a Legal Subject in the Reconstruction of Indonesia’s Environmental Law Fernando, Zico Junius; Sinaga, Lestari; Iskandar, Iskandar; Mardin, Nurhayati; Arifin, Firdaus
Indonesian Journal of Environmental Law and Sustainable Development Vol. 4 No. 1 (2025): January-June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v4i1.20146

This study aims to analyze the new paradigm of recognizing the environment as a legal subject within Indonesia's legal system and its implications for environmental law enforcement. Driven by the increasingly complex environmental crisis caused by natural resource exploitation, environmental degradation, and climate change, this paradigm introduces an eco-centric approach and the theory of biocentric justice. The concept acknowledges the environment as a legal entity with intrinsic rights to exist, develop, and be restored when damaged. The research employs a normative approach with qualitative analysis methods and comparative studies of countries such as Ecuador, Bolivia, New Zealand and India which have implemented the recognition of the environment as a legal subject. The findings indicate that recognizing the environment as a legal subject in Indonesia requires comprehensive legal reforms, including constitutional amendments, the enactment of specific laws on environmental rights, strengthening law enforcement institutions, and empowering communities. This recognition is expected to enhance environmental law enforcement, establish ecological justice, and promote sustainable development. Therefore, this paradigm not only serves as a solution to the environmental crisis but also reflects Indonesia's commitment to Pancasila values and the sustainability of future generations.

Comparative Law Study: Sentencing of Sexual Violence Perpetrators Who have Deviant Sexual Behavior Mardin, Nurhayati; Purnamasari, Andi Intan; Miqat, Nurul; Kharismawan, Adiguna; Nur, Rafika
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

The purpose of this paper is to find the ideal form of punishment for perpetrators of sexual violence who suffer from deviant sexual behavior. The method in this study is a normative legal research type, where activities are carried out by researching and analyzing the forms of sanctions and punishments regulated in positive law, in addition to conducting a comparative study of the provisions in positive law in Indonesia in the perspective of the types of sanctions against perpetrators of sexual violence crimes. who suffer from deviant sexual behavior. The results show that the ideal form of sanctions imposed on perpetrators of sexual violence who suffer from deviant sexual behavior should not only focus on imprisonment, however, it must be accompanied by other treatments or actions to treat the deviations in sexual behavior he suffers as mandated in the Sexual Violence Criminal Act, which is to combine imprisonment and special rehabilitation to cure his sexual behavior deviations. With the imposition of imprisonment alone, it will not be able to treat the main factor that triggers sexual violence crimes committed by perpetrators who suffer from deviant sexual behavior, so that rehabilitation or treatment efforts are important things that must be done so that there is no repeated or recidive crime.

Outline of the Consumer Dispute Resolution Agency as a Means of Legal Protection: Is it Optimal? Lasatu, Asri; Jubair, Jubair; Insarullah, Insarullah; Mardin, Nurhayati; Korompot, Ratu Ratna
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

Consumer protection is an effort to guarantee legal certainty to protect consumer rights. Consumer protection is a government responsibility delegated to the Consumer Dispute Settlement Body. This responsibility is carried out through preventive and repressive efforts. The problem in this research is what is the role of Consumer Dispute Settlement Body in implementing consumer law protection in Central Sulawesi Province. Type of normative-empirical research with a mixed method approach. The analysis was carried out qualitatively-quantitatively, and the results are descriptive-analytic. The research results show that Consumer Dispute Settlement Body's role in consumer legal protection is not maximized because it is influenced by structural, substance, and societal, cultural factors.

The Role of Reward and Punishment in Strengthening Religious Values in Early Childhood Education Nurul Halisa; Nurhayati; Sita Awalunisah; Andi Agusniatih
TEMATIK: Jurnal Pemikiran dan Penelitian Pendidikan Anak Usia Dini Vol. 11 No. 2 (2025): TEMATIK: Jurnal Pemikiran dan Penelitian Pendidikan Anak Usia Dini
Publisher : Program Studi Pendidikan Guru Pendidikan Anak Usia Dini, Fakultas Ilmu Pendidikan, Universitas Negeri Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26858/tematik.v11i2.9454

The development of children’s religious values plays a fundamental role in shaping their character, particularly in helping children distinguish between good and bad behavior, understanding basic worship practices, and recognizing Islamic symbols from an early age. However, learning activities in early childhood education settings often lack reinforcement strategies that effectively engage children and sustain their motivation during religious learning. This study aims to analyze the role of implementing reward and punishment in strengthening religious values in early childhood education. A qualitative descriptive approach was employed, involving 13 children aged 5–6 years. Data were collected through observation, interviews, and documentation. The results indicate that applying rewards and punishments in learning activities can increase children’s motivation, attention, discipline, and understanding of religious concepts. Three aspects showed improvement: recognition of Hijaiyah letters, performance of prayer movements, and knowledge of the Hijri months. Teachers implemented rewards such as praise, applause, and star stickers, while punishment was applied educationally through verbal reminders and task continuation. These results suggest that appropriately implemented reward and punishment strategies, combined with habituation practices, can effectively support the development of religious values in early childhood education settings.

The Permits as an Integration Mechanism: Legal Protection Efforts for Land Rights Holders Relating to Mining Permits Surahman Surahman; Nurhayati Mardin; Syachdin Syachdin; Widyatmi Anandy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4464

This research aims to analyze the position of permits as well as formulate the position of permits as an integration mechanism related to preventive means to minimize disputes and disputes between mining permit holders. This research is normative legal research with a statutory and conceptual approach. The research results confirm that the position of permits as a preventive legal protection effort in society has an orientation to prevent and minimize disputes or disputes between land rights and mining permits. Permits as an integration mechanism for land rights holders relating to mining permits can be carried out by carrying out reformulation in which mining permits are granted by first fulfilling the conditions for resolving various problems between mining permit holders and land right holders. Resolving various problems between mining permit holders and land rights holders is carried out using a comprehensive and holistic approach that not only prioritizes legal approaches, but accommodates political, economic and cultural approaches.

ANALISIS TERHADAP STATUS HUKUM ANAK AKIBAT LOKIKA SANGGRAHA MENURUT HUKUM ADAT BALI Della Andrian, Francisca; Mardin, Nurhayati; Susilawati, Susi
TADULAKO MASTER LAW JOURNAL Vol 9 No 3 (2025): OCTOBER
Publisher : Universitas Tadulako

Show Abstract | Download Original | Original Source | Check in Google Scholar

Indonesia, as a country rich in cultural and customary diversity, faces challenges in regulating marriage practices and Lokika Sanggraha, particularly regarding the unclear legal status of children born outside of legal wedlock. The inconsistency between customary law and positive law complicates the recognition of children's status and the implementation of sacred and magical customary marriages. The practice of Lokika Sanggraha, or cohabitation, which contradicts religious and moral norms, gives rise to various social and administrative problems, such as difficulties in obtaining identity documents, legal recognition, and inheritance rights for children. National provisions, such as the Marriage Law and the Population Administration Law, do not explicitly regulate the status and legal protection of children from extramarital relationships, thus triggering legal uncertainty and potential discrimination. This study aims to determine Balinese customary law in addressing the status of children resulting from Lokika Sanggraha. Using an empirical juridical approach in Parigi Moutong, it shows that conservative Balinese customs reinforce stigma and limit access for children, resulting from Lokika Sanggraha's customary rights and inheritance. Although the Child Protection Law guarantees the right to identity, education, and protection from discrimination, the absence of clear regulations regarding children resulting from Lokika Sanggraha results in weak legal certainty and regulatory enforcement. Therefore, legal consolidation that refers to the best interests of children between customary law and national law is needed through dialogue, education, and inclusive and progressive legal reform so that children's rights remain fairly protected.

ANALISIS TERHADAP STATUS HUKUM ANAK AKIBAT LOKIKA SANGGRAHA MENURUT HUKUM ADAT BALI ranciscadellaandriani; Mardin, Nurhayati; Susilawati, Susi
TADULAKO MASTER LAW JOURNAL Vol 9 No 3 (2025): OCTOBER
Publisher : Universitas Tadulako

Show Abstract | Download Original | Original Source | Check in Google Scholar

Indonesia, as a country rich in cultural and customary diversity, faces challenges in regulating marriage practices and Lokika Sanggraha, particularly regarding the unclear legal status of children born outside of legal wedlock. The inconsistency between customary law and positive law complicates the recognition of children's status and the implementation of sacred and magical customary marriages. The practice of Lokika Sanggraha, or cohabitation, which contradicts religious and moral norms, gives rise to various social and administrative problems, such as difficulties in obtaining identity documents, legal recognition, and inheritance rights for children. National provisions, such as the Marriage Law and the Population Administration Law, do not explicitly regulate the status and legal protection of children from extramarital relationships, thus triggering legal uncertainty and potential discrimination. This study aims to determine Balinese customary law in addressing the status of children resulting from Lokika Sanggraha. Using an empirical juridical approach in Parigi Moutong, it shows that conservative Balinese customs reinforce stigma and limit access for children, resulting from Lokika Sanggraha's customary rights and inheritance. Although the Child Protection Law guarantees the right to identity, education, and protection from discrimination, the absence of clear regulations regarding children resulting from Lokika Sanggraha results in weak legal certainty and regulatory enforcement. Therefore, legal consolidation that refers to the best interests of children between customary law and national law is needed through dialogue, education, and inclusive and progressive legal reform so that children's rights remain fairly protected.

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