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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum SIGn Jurnal Hukum
Asgar, Mochamad Ali
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Law, Crime, Criminology & Criminal Justice

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Ius Constituendum Criminal Asset Confiscation: Corrective Justice Orientation In Enforcement Of Corruption Criminal Acts Asgar, Mochamad Ali
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.v23i3.5205

Abstract

Corruption in Indonesia, as an extraordinary crime that harms the state and society, requires a more effective legal approach through strengthening the ius constituendum related to asset forfeiture oriented towards corrective justice, while still paying attention to aspects of human rights and the principle of due process of law. This research aims to analyze the application of the ius constituendum concept of asset forfeiture oriented towards corrective justice in the enforcement of corruption crimes in Indonesia, as well as to identify challenges and opportunities for its implementation. This research uses normative legal research method with conceptual and statutory approaches, analyzes primary, secondary, and tertiary legal materials through literature study, and applies prescriptive and evaluative analysis techniques to examine the application of corrective justice-oriented asset forfeiture in the enforcement of corruption in Indonesia. The results show that the ius constituendum concept of corrective justice-oriented asset forfeiture can be applied in the enforcement of corruption crimes in Indonesia through several ways, such as simplifying the asset forfeiture process, expanding the authority of non-conviction-based asset forfeiture, implementing temporary asset forfeiture, and updating regulations. The implementation of this concept is faced with challenges such as regulatory limitations, evidentiary difficulties, and bureaucratic obstacles, but also opens up opportunities to increase the effectiveness of state asset recovery, adopt international best practices, and strengthen the legal framework. By addressing the challenges and capitalizing on the opportunities, Indonesia can build a fairer and more effective corruption eradication system.
Legal Position of the Professional Disciplinary Council: Central Authority for Disciplinary Enforcement of Medical and Healthcare Professionals in Hospitals Nurlaelah, Siti; Asgar, Mochamad Ali; Arisman, Arisman; Sari, Diah Ratu
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.653

Abstract

The transformation of national healthcare governance following the enactment of Law Number 17 of 2023 marks a radical shift in disciplinary enforcement from a regime of professional autonomy to a state-centred one. This centralization of power triggers administrative legal problems regarding the MDP’s institutional independence, which is anomalous in its accountability to the Minister of Health, and gives rise to clashes between procedural authority and the managerial autonomy of healthcare facilities. This research aims to analyze the legal position, procedural supremacy, and material jurisdictional limitations of the MDP as the central authority for the disciplinary enforcement of medical and healthcare professionals. Employing a normative legal research method, this research examines the coherence of norms in the latest regulations. The research results demonstrate that the MDP possesses absolute attributive authority that legally annuls the tradition of collegial dispute resolution, including the prohibition on internal hospital mediation. Functionally, the Council acts as a prejudicial dispute determiner, obliged to issue a recommendation before criminal law enforcement is executed, with jurisdiction confined to 17 types of disciplinary violations. This research concludes that executive dominance in disciplinary enforcement provides legal certainty through the objectivity of violation parameters, yet demands a total restructuring of internal hospital regulations to submit to the supremacy of state administrative law.
Co-Authors Arisman Arisman Nurlaelah, Siti Sari, Diah Ratu