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Rismawati Nur
Universitas Gadjah Mada
Arts Humanities Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Application of Civil Forfeiture as a Restorative Mechanism in Returning State Financial Losses due to Corruption Crime Rismawati Nur; Alfin Dwi Novemyanto; Muhammad Rosyid Ridlo
Jurnal Kebijakan Publik Vol 16, No 2 (2025)
Publisher : Fakultas Ilmu Sosial dan Ilmu Politik Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31258/jkp.v16i2.8806

Abstract

Corruption crimes not only result in massive state financial losses but also create inequality of justice and weaken the effectiveness of the legal system. The recovery of state losses has so far relied on a criminal approach that is repressive and limited to court decisions, so that it is unable to reach conditions when the perpetrator escapes, dies, or cannot be brought to trial. This article examines the application of civil forfeiture as a restorative mechanism oriented towards direct asset recovery without requiring proof of criminal guilt. Through a normative juridical research method with statutory, conceptual, and comparative legal approaches, this research analyzes the practice of non-conviction-based asset forfeiture in civil law countries such as France as well as common law countries such as the United States and the United Kingdom. The results of the analysis show that the civil forfeiture mechanism is in line with the principles of restorative justice and can be applied in Indonesia through regulatory reforms that guarantee legal certainty and protection of human rights. The application of an in rem- based asset forfeiture scheme with limited reversal of the burden of proof is considered capable of accelerating the return of state losses while strengthening the eradication of corruption in a sustainable manner.
Rekognisi Status dan Perlindungan Hukum Pekerja Gig Economy: Tinjauan Tuntutan Kolektif Pengemudi Ojek Online di Indonesia Alfin Dwi Novemyanto; Rismawati Nur
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5789

Abstract

Digital transformation has created new forms of employment within the framework of the gig economy, one of which is online motorcycle taxi drivers (ojol). Despite their importance, these drivers lack defined legal status. As a result, they don’t receive labor protection equivalent to that of formal workers. This legal uncertainty has triggered various collective demands, including the provision of religious holiday allowances (THR), regulation of minimum fares, commission limits, and access to social security. This study aims to analyze the urgency of legal recognition for gig economy workers, identify forms of maladministration in the governance of digital labor, and propose regulatory reforms to strengthen legal protection for ojol drivers. The research used normative legal research with statutory and conceptual approaches. The results showed that partnership status unilaterally constructed by platforms creates a pseudo-partnership that contradicts the principles of worker protection. The state is considered negligent in regulating fare systems, supervising commissions, and providing adaptive legal protection. Therefore, regulation through specific legislation (lex specialis), judicial review of exclusive norms, and the application of soft law in the digital transport sector are necessary. Recognizing gig economy workers as legal subjects is essential for creating an inclusive, fair, constitutional labor system
Co-Authors Alfin Dwi Novemyanto Muhammad Rosyid Ridlo