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All Journal Journal of Innovation Research and Knowledge Kajian Ilmiah Hukum dan Kenegaraan
Rachmadi, Moch Rizky
Unknown Affiliation
Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Tujuan Pemidanaan dalam Penjatuhan Pidana Tambahan Pembayaran Uang Pengganti Tindak Pidana Korupsi Rachmadi, Moch Rizky; Dollu, Daud Yaferson
Kajian Ilmiah Hukum dan Kenegaraan Vol. 3 No. 2 (2024): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i2.5021

Abstract

Purpose: This study examines the rationale behind judges’ decisions to impose additional criminal penalties in the form of restitution payments in corruption cases, focusing on the extent to which such penalties align with the objectives of sentencing and restorative justice. Research methodology: This study employs a normative juridical approach supported by case, statute, and conceptual analyses. Data were collected from relevant court rulings and analyzed descriptively and qualitatively using legal interpretations. Results: The findings show that while judges tend to apply retributive justice by imposing prison sentences, the enforcement of restitution payments remains inconsistent. Some defendants return all or part of the state losses, while others do not comply. Conclusions: The imposition of restitution penalties formally supports the objective of recovering state loss. However, the actual implementation reveals gaps that hinder the full realization of restorative justice. Limitations: The study is limited by incomplete data accessibility and the geographical scope of the case studies, which may not comprehensively represent national practice. Contribution: This study highlights the need to reformulate corruption sentencing laws to prioritize restitution and offers a restorative justice model to balance punishment with asset recovery.
TINJAUAN VIKTIMOLOGIS TENTANG ANAK SEBAGAI KORBAN DALAM PROSTITUSI ONLINE Moch. Rizky Rachmadi; Saidil Adri
Journal of Innovation Research and Knowledge Vol. 5 No. 7 (2025): Desember 2025
Publisher : Bajang Institute

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Abstract

This study aims to deeply analyze the position of children as victims in online prostitution practices through a victimology approach. The research method used is normative legal research, which focuses on the study of the principles, norms, and provisions of positive law governing the protection of children from sexual exploitation. This approach also examines the gap between das sollen and das sein, namely the difference between legal norms that should provide optimal protection for children and the reality of their implementation in the field, which is often still ineffective. The results show that the development of digital technology has changed the pattern of prostitution practices from conventional forms to online application-based ones such as Michat, Tinder, Tantan, WhatsApp, and Facebook. This transformation makes children increasingly vulnerable to becoming objects of sexual exploitation through online recruitment, manipulation, and coercion mechanisms. From a victimology perspective, children are categorized as completely innocent victims and socially weak victims because they lack the capacity to provide valid consent, are vulnerable to external influences, and experience economic, psychological, and social dependence. These findings emphasize the importance of strengthening mechanisms for protection, prevention, and recovery of victims that support the principles of child protection and restorative justice.
Co-Authors Dollu, Daud Yaferson Saidil Adri