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All Journal Journal of Development Research Jurnal Hukum dan Keadilan Journal of Strafvodering Indonesian
Sumaryanto, A. Djoko
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Civil Engineering, Building, Construction & Architecture Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Existence of The Reversal Burden of Proof of Corruption Criminal Acts in Investigations by the Police Sumaryanto, A. Djoko; Kunarso, Kunarso; Saputra, Yoanes Ryan; Oktaviano, Gregorius; Paulus, James Junior
Journal of Development Research Vol. 9 No. 1 (2025): Volume 9, Number 1, May 2025
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v9i1.396

Abstract

Law enforcement against corruption cases has always received special attention from the government, especially with the application of reversal of the burden of proof (omkering van het bewisjlast) as mandated by Article 37 of the Corruption Eradication Law (Law 31/1999 jo Law 20/2001). Investigation of corruption cases is the spearhead of law enforcement in eradicating corruption in Indonesia, but to find out law enforcement at the investigation level by applying reversal of the burden of corruption still needs to be examined more deeply. To find out and understand the implementation of investigations using reversal of the burden of proof, normative legal methods are carried out with field research, namely by using a statutory approach, case approach and concept approach, by examining legal materials obtained through literature review and online, as well as by conducting several interviews with investigators, then analysed using the deduction method and explained using descriptive analysis, to obtain comprehensive study results. From the discussion, an analysis of the existence of the reversal of the burden of proof in the investigation of corruption cases in the police is obtained that the information on the assets owned by the suspect is not all true, after obtaining information from witnesses who have been involved in corruption against the suspect, and only confiscation of property that is the result of corruption is carried out, then proven by the suspect at a court hearing (reversal of the burden of proof / Omkering van het Bewishlasj).
Restorative Justice in Addressing Environmental Crimes: A Viable Alternative or a Legal Threat? Sumaryanto, A. Djoko
Journal of Strafvordering Indonesian Vol. 2 No. 2 (2025): JOSI - MAY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/81zy5f06

Abstract

  The enforcement of criminal law against environmental crimes in Indonesia remains largely dominated by a retributive approach that emphasizes punitive sanctions, often neglecting ecological restoration and substantive justice. This article examines the relevance and implementation of restorative justice as an alternative approach to addressing environmental crimes. Using a normative-juridical method supplemented by semi-structured interviews, the study analyzes the legal foundations, opportunities, challenges, and implications of applying restorative justice within Indonesia's environmental legal framework. Findings indicate that while restorative justice offers potential as a more responsive mechanism to environmental harm and victims' rights, its implementation faces significant obstacles, such as regulatory ambiguity, risks of impunity for corporate offenders, and limited community and victim participation. Therefore, strengthening a more specific legal framework, building law enforcement capacity, and ensuring active public involvement are essential to effectively, transparently, and fairly applying restorative justice in resolving environmental crimes.  
Justice in Transition: The Effectiveness of Restorative Justice in Resolving Social Conflicts Shodiq, Md; Sumaryanto, A. Djoko
Jurnal Hukum dan Keadilan Vol. 2 No. 6 (2025): JHK_OCTOBER
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i6.459

Abstract

This study analyzes the effectiveness of implementing restorative justice in resolving social conflicts within Indonesian communities as part of the transitional justice process. Using a qualitative approach and a case study method in several regions such as Poso, North Maluku, and West Sumatra this research explores how restorative mechanisms rooted in local wisdom can restore social relations, strengthen community cohesion, and prevent recurring conflicts. The findings reveal that restorative justice approaches are effective in fostering reconciliation at the community level through dialogue, acknowledgment of wrongdoing, and traditional symbolic acts. However, their effectiveness largely depends on institutional support, facilitator capacity, and the alignment of public policies. The integration of local values such as musyawarah (deliberation), pela gandong, and alek nagari emerges as a key factor in sustaining the peacebuilding process. These findings emphasize the importance of strengthening the national legal framework, engaging civil society, and enhancing the capacity of local actors so that restorative justice can function not only as a conflict resolution mechanism but also as a means of achieving long-term social transformation
Co-Authors Kunarso Kunarso Oktaviano, Gregorius Paulus, James Junior Saputra, Yoanes Ryan Shodiq, MD