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All Journal Jurnal Bina Praja Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan
Nashriana
Sriwijaya University
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Harmonisasi Kebijakan Pidana dan Non-pidana dalam Tata Kelola Pengendalian Narkotika di Indonesia Gazali Ahmad; Nashriana; Henny Yuningsih
Jurnal Bina Praja Vol 17 No 3 (2025)
Publisher : Research and Development Agency Ministry of Home Affairs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21787/jbp.17.2025-2836

Abstract

Background of Study: The circulation of narcotics in Indonesia has evolved into a complex, asymmetrical threat, demanding a policy reorientation from a purely punitive approach (war on drugs) to collaborative governance, especially following the enactment of Law No. 1 of 2023 (the National Criminal Code). The problem: A repressive penal approach has proven unsuccessful in reducing prevalence and has instead led to extreme overcapacity in correctional institutions, while regional autonomy has not been optimal in supporting prevention due to sectoral egos. Gap of Study: There has been no comprehensive study that integrates the analysis of the new criminal law transition with the collaborative governance model of local government. Theory: This study uses Friedman’s Legal System Theory (Grand), Barda Nawawi Arief’s Criminal Policy (Middle-Range), and Ansell & Gash’s Collaborative Governance (Applied). Aim: Analyzing the harmonization of penal-non-penal policies and reconstructing a collaborative governance model. Research Question: How is the harmonization of legal construction after Law No. 1 of 2023 and how does the collaborative model overcome institutional fragmentation? Method: Juridical-normative with a sociological approach based on secondary data. Results: The National Criminal Code changes the death penalty into a special penalty with a probationary period, requiring the readiness of a rehabilitation structure. Discussion: The failure of penal is due to the disorientation of the legal structure, while non-penal is hampered by weak regional institutional design. Conclusion: Effective drug control requires a balance between criminal policy and facilitative regional leadership. Recommendation: Implementation of the Hexa-Helix collaboration model and integration of P4GN indicators into regional development planning documents (RPJMD/IKU) and the issuance of rehabilitative prosecution guidelines.
Integration of Asset Recovery of Corruption Crimes through Strengthening the Position of the Prosecutor's Office of the Republic of Indonesia as a Dominus Litis Eddowan; Amzulian Rifai; Nashriana
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 6 No. 4 (2026): October
Publisher : Lembaga Bale Literasi

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Abstract

Corruption categorized as an extraordinary crime, necessitates a robust asset recovery system as a fundamental mechanism to restore state financial losses. Currently, the asset recovery process in Indonesia remains highly fragmented and lacks effective integration, indicating a significant void within the existing legal structure that hinders optimal law enforcement. This study aimed to comprehensively analyze the current regulations and implementation of asset recovery, and to formulate a strategy for strengthening an integrated asset recovery system in corruption cases. Specifically, it examined the application of the dominus litis principle within the Public Prosecution Service. This study employed a normative legal research method. The data collection was conducted by comprehensively examining library materials, which included relevant statutory regulations, academic literature, comparative legal studies, and specific corruption case studies. The findings indicate that current asset recovery regulations are partial and have not yet formed an effective, integrated system. Consequently, the implementation of asset recovery has not operated optimally. Although the Public Prosecution Service holds the dominus litis principle, this authority has not been fully realized, particularly in the stages of tracking, freezing, and confiscating assets. Strengthening the integrated asset recovery system is essential, achievable by establishing a dedicated Asset Recovery Agency with an integrated task force structure. Furthermore, a holistic harmonization of regulations is required, transforming general legal norms into specific provisions that explicitly attribute authority to the Public Prosecution Service as the absolute holders of the dominus litis principle. Finally, utilizing digital technology to implement an interconnected information system across institutions is crucial for effective asset tracking.
Co-Authors Amzulian Rifai Eddowan Gazali Ahmad Henny Yuningsih