Rantau, Palupi
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Implementation Of Restorative Justice Based On Local Wisdom: Legal And Cultural Perspectives In Indonesia Rantau, Palupi; Ajeng Aditya Listyani
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 2 (2025): November 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i2.44718

Abstract

This study discussion the implementation the implementation of restorative justice based on local wisdom in the context of law and culture in Indonesia. In Indonesia's multicultural societies, traditional values such as deliberation, mutual cooperation, and traditional peace have long been part of the conflict resolution mechanism. Restorative justice emerges as an alternative approach that emphasizes the restoration of relationships between Between perpetrators, victims, the cummunities, and aligans with traditional legal practices. Through a normative legal approach, this study analyzes the relationship between the principles of restorative justice and local wisdom as recognized by various laws and regulations, such in 1945 constitution, the Criminal Procedure Code, and regulation of the Police and the Attorney General's Office. This study also reviews local practices such as Mekarabah in Bugis-Makassar, Nyapuh Lawang in Central Java, and customary deliberations in Papua. The results of the study show that the application of customary-based on restorative justice can accelerate conflict resolution, strengthen social legitimacy, and reduce the burden on the formal justice system. However, the challenges remain regarding the integration of customary law into the national legal system and the guarantee of human right protections. Therefore, more integrated regulations and consistent implementation standards are needed to ensure that restorative justice is applied fairly, inclusively, and in line with the principles of the rule of law.
Asset Seizure as an Effort to Recover State Assets Resulting from Criminal Corruption Nugroho, Hibnu; Budiyono, Budiyono; Ramadhani, Setiawan; Rantau, Palupi; Barkhuizen, Jaco
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.40778

Abstract

This research analyzes the effectiveness of asset forfeiture for corruption crimes in the Purwokerto District Prosecutor’s Office jurisdiction and designs future legal mechanism reconstruction using empirical juridical Research and Development (R&D) approach. Background reveals Indonesia’s Corruption Perceptions Index (CPI) stagnation at score 37 (rank 99/180 countries) in 2024, state losses Rp45.7 trillion versus <6% asset recovery, stalled Asset Forfeiture Bill in 2025 Prolegnas, and systemic in personam failure (KUHAP Article 39). Findings show Purwokerto effectiveness <50% due to systematic asset diversion patterns to family/third parties, post-verdict temporal gaps, weak Kejari-BPN-bank-PPATK coordination, forensic asset HR deficits, and LHKPN digital technology gaps. Emblematic cases Hendy Boedoro, Surya Darmadi, plus local PNPM Kedungbanteng-CV Jasa Pembangunan illustrate structural weaknesses. Reconstruction proposes Non-Conviction Based Asset Forfeiture (NCB) praconviction, dual track model PNS (Conviction Based via LHKPN) vs private sector (60-day reverse burden of proof), integrated IT platform AI forensic-blockchain land certificates, 20 prosecutors/kejari Asset Task Force, 24-hour inter-agency SLA, UNCAC harmonization 50 bilateral MoUs, and three-pillar political law with real-time transparent dashboard. 70% recovery target within 36 months realizes Peter Alldridge’s “crimes does not pay” doctrine, transforming Indonesia’s corruption law enforcement to global standards.