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All Journal Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah
Shodiq, M. D.
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Humanities Computer Science & IT Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Penerapan Pidana Tambahan Pembayaran Uang Pengganti Dalam Tindak Pidana Korupsi Guna Mewujudkan Keadilan Herdiana, Fransisca; Chandra, Tofik Yanuar; Shodiq, M. D.
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 4 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, April 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i4.1169

Abstract

One way to return lost state money is to impose additional penalties in the form of replacement payments. This effort is to provide income to the state treasury from the results of replacement payments from corruption convicts. This study focuses on discussing the case of the Application of Additional Criminal Penalties in the Form of Replacement Payments in Corruption Crimes in accordance with the provisions regarding replacement penalties in Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption. The formulation of the problem raised in this study is how the procedure for implementing replacement payments in corruption crimes and how to apply additional replacement penalties in corruption crimes in order to realize justice. In this study, the author uses the theory of justice and the theory of criminal law. The research method used is a normative legal approach. This study uses a statute approach and a case approach which in principle originates from primary legal materials consisting of laws and judges' decisions, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. The legal material analysis technique uses grammatical interpretation techniques. The results of this study are that the Procedure for implementing replacement money in corruption cases is regulated in the Attorney General's Letter Number B-845/F/Fjp/05/2018, which regulates the stages of implementing court decisions, including the execution of additional criminal penalties in the form of an obligation to pay replacement money. Simultaneously with the issuance of the Court Decision Execution Order (P-48), the Head of the District Attorney's Office also issues an Asset Search Order (P-48A) to track the convict's assets. If the convict pays replacement money, the executing prosecutor provides a receipt (Form D-3) and hands over the money to the treasurer to be deposited into the state treasury within 1x24 hours. However, if within one month after the decision has permanent legal force the replacement money has not been paid, the prosecutor is obliged to confiscate the convict's property for execution. The application of additional criminal penalties for replacement money itself is regulated in Article 18 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, which is generally accompanied by subsidiary penalties. In order to realize justice and optimize state financial recovery, it is better if the replacement money punishment is not accompanied by a subsidiary so that the perpetrators of corruption have no choice but to pay the replacement money. The suggestion in this study is to improve state financial recovery through replacement money, it is necessary to strengthen international cooperation in tracing assets from corruption hidden abroad in order to support the effectiveness of intelligence prosecutors in tracking assets. In addition, in the short term it is recommended that the Supreme Court issue a Circular Letter that makes the payment of replacement money a condition for obtaining remission and conditional release, so that perpetrators of corruption cannot avoid or choose to serve imprisonment as an alternative to paying replacement money
PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PENYEBARLUASAN PORNOGRAFI DENGAN MOTIF BALAS DENDAM (REVENGE PORN) DI MEDIA SOSIAL Anggriani, Jeani Aprilia; Shodiq, M. D.; Basuki, Basuki
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 1 (2026): SINERGI : Jurnal Riset Ilmiah, January 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i1.2306

Abstract

The phenomenon of the dissemination of pornographic content motivated by revenge (revenge porn) has become increasingly prevalent with the development of digital technology and social media in Indonesia. This pornography crime not only violates privacy but also constitutes a form of gender based violence that has serious impacts on the psychological, social, and economic well being of female victims. Although several regulations, such as the Electronic Information & Transactions Law (UU ITE) and the Pornography Law have been used to address this issue, the latter is not spesifically designed to regulate the dissemination of non consensual intimate content. This legal vacuum creates legal threats, difficulties in proving the truth, and a high risk of re-victimization for victims. This study analyze the handling of the crime of distributin grevenge pornography on social media and the legal protection for female victims of the distribution of revenge pornography on social media. The theories used in this study are legal protection theory and victimology theory. The method of research used is normative juridical legal research with a statutory, contextual, and case-based approach. Data were obtained through a literature review covering primary legal materials, secondary legal materials, and tertiary legal materials. Analyzed using grammatical, systematic, teleological, and official interpretation techniques. The results of this study empasizes the improtance of establishing specific regulations governing revenge porn, including the definiton of revenge porn, the element of non-consensual behavior, protection of victim identity, mechanisms for removing digital content, and the obligations of digital platforms to prevent the dissemination of content. A victim-centered approach is needed to promote comprehensive recovery and prevent discrimintion and negative stigma. Therefore, clearer, more assertive, and responsive legal reform is necessary to provide maximum protection for female victims of revenge pornography in Indonesia.
Co-Authors Anggriani, Jeani Aprilia Basuki , Chandra, Tofik Yanuar Herdiana, Fransisca