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All Journal International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) Journal of International Islamic Law, Human Right and Public Policy
Ahmad Novaisal
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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IMPLEMENTATION OF THE ROLE OF THE PROSECUTION IN EFFORTS TO MANAGE PROOF EVIDENCE CRIMINAL ACTS OF CORRUPTION Ferry Irmawan; Yasmirah Mandasari Saragih; Ahmad Novaisal; Riki Hamdani; Sony Prayudha Winata
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 2 No. 11 (2023): OCTOBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v2i11.295

Abstract

The prosecutor's office is the only state institution which is a government apparatus that has the authority to delegate criminal cases, prosecute perpetrators of criminal acts in court and carry out decisions and decisions of criminal judges. This power is a characteristic of the prosecutor's office which differentiates it from other law enforcement institutions or agencies. other. In implementing the Judge's decision, the Prosecutor has the authority to execute the evidence by destroying or confiscating it for the benefit of the state or returning the evidence to its rightful owner in accordance with the decision determined by the Panel of Judges. In the event of confiscation of evidence for state interests, the Indonesian Prosecutor's Office also plays a role in managing the evidence. The prosecutor's office uses several methods or mechanisms to manage this evidence, which in practice is very important and crucial, especially in the use and income of state treasury. Based on the research results, it was found that regarding the management of evidence obtained by investigators, it cannot necessarily be managed by the prosecutor's office, but rather has a process so that it can ultimately be confiscated for the state and managed by the prosecutor's office. This process is important for the internal bureaucracy of the Prosecutor's Office as well as the transparency and efficiency of the work carried out by the Prosecutor's Office.
A RESTORATIVE JUSTICE APPROACH IN THE IMPLEMENTATION OF THE JUVENILE CRIMINAL JUSTICE SYSTEM IN INDONESIA Ahmad Novaisal; Ferry Irmawan; Riki Hamdani; Sony Prayudha Winata; Syaiful Asmi Hasibuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.17

Abstract

Since the enactment of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System in Indonesia, it is necessary to immediately provide outreach to Law Enforcement Officials (APH) who do not yet understand and know about the obligation to take a restorative justice approach in the implementation of the Juvenile Criminal Justice System. The norms governing the obligation to carry out a restorative justice approach in handling children in conflict with the law (ABH) are contained in article 5 paragraph 1 of the Juvenile Criminal Justice System Law and this law has also adopted the International Convention on the Rights of the Child (CRC) instrument which has been adopted. ratified by the government of the Republic of Indonesia with Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child (Convention on the Rights of the Child) in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are of course in line with the Constitution 1945 concerning the goals of the state, one of which is to realize social justice and promote general welfare. This restorative justice approach certainly has the same spirit as the ideological, political and socio-cultural values ​​of the Indonesian nation which prioritizes resolution through deliberation to reach consensus so that this restorative justice approach is also one of the legal reforms that further promotes the values ​​of local wisdom of the nation. Indonesia. The conceptual approach and the statutory approach are the approaches used in this research and maximize the implementation of the implementation of restorative justice in every handling of Children in Conflict with the Law (ABH) at every stage of the investigation, prosecution and trial process. Objectives The aim of the research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every handling of ABH.
Co-Authors Ferry Irmawan Riki Hamdani Sony Prayudha Winata Syaiful Asmi Hasibuan, Syaiful Asmi Yasmirah Mandasari Saragih