1,720,975 research outputs found
In Search of a Deferred Prosecution Agreement Model for Effective Anti-Corruption Framework in Indonesia
Full text linkTo help reduce the corruption in the criminal justice system, Indonesia should consider implementing a Deferred Prosecution Agreement (DPA) mechanism. DPA would not only aiming for punishment to corporations, especially in special and general deterrence, but also could accommodate in returning state assets from perpetrators. Indonesia could learn from the DPA models applied in the U.K. and U.S., as well as the proposed model in Australia. DPA models could be noteworthy in making the criminal justice process more effective, efficient, and less time-consuming, as well as resolving the problems of significant caseloads and ongoing corruption.Â
Pengembalian Kerugian Keuangan Negara : Dapatkah Menggunakan Deferred Prosecution Agreement?
Full text linkPenanganan kasus tindak pidana korupsi di Indonesia belum dapat menanggulangi tindak pidana korupsi, khususnya dalam mengembalikan kerugian negara secara signifikan. Walaupun sudah banyak ketentuan terkait penanganan korupsi, pada kenyataannya penanganan tindak pidana korupsi tidak berjalan seperti apa yang diharapkan. Artikel ini membahas tentang pengembalian kerugian keuangan negara yang ditimbulkan oleh tindak pidana korupsi yang dilakukan korporasi, melalui mekanisme Deferred Prosecution Agreement (DPA). Artikel ini membahas apakah Indonesia sebagai negara rumpun keluarga Civil Law dapat menerapkan mekanisme ini dan apakah mekanisme ini dapat mengembalikan kerugian keuangan negara. Artikel ini juga membahas pelajaran yang dapat diambil dari penyelesaian DPA yang berkembang di Amerika Serikat dan United Kingdom dalam pengembalian kerugian keuangan negara akibat tindak pidana korupsi yang dilakukan oleh korporasi. Penulisan ini menggunakan studi dokumen khususnya meneliti peraturan perundang-undangan serta buku dan jurnal yang relevan. Selain itu juga menggunakan pendekatan perbandingan hukum
Sistem peradilan pidana dan penanggulangan korupsi di Indonesia
No full textxxxiv.; 232 hal.; ill.; 19 c
Factors of politeness as reason for mitigation in judge's decision: Is it still relevant to be maintained?
Full text linkBackground: Judges play a crucial role in the judicial process. According to Article 1 point 8 of Law Number 8 of 1981 on Criminal Procedure (KUHAP), a judge is a state official authorized to adjudicate cases. Their duties include examining, deciding, and resolving cases. In making decisions, judges consider both aggravating and mitigating factors. Aggravating factors may include the defendant having previous convictions, while mitigating factors may include polite behavior during court proceedings. This article focuses on polite behavior as a mitigating factor. It explores how judges assess politeness in court and whether this factor remains relevant in modern criminal case decisions. Methods: To answer this problem, the author researches using the socio-legal method, where the author will examine the problem with legal norms governing polite elements as a reason for mitigation and supported by surveys to support data from existing norms and decisions related to this matter. Findings: Judges still consider the element of modesty as a reason to mitigate punishment in criminal cases. From the results of a survey of 76 judges from 64 courts, 49 respondents stated that the element of civility is still relevant to be maintained in the judicial process. Factors considered by judges as indicators of the defendant's civility in court include polite language, cooperative attitude, and non-verbal expressions that show respect for the trial process. Conclusion: This research shows that the element of modesty is still considered relevant by the majority of judges as a mitigating consideration. The defendant's demeanor in court can signal remorse and good faith which influences the judge's decision. Novelty/Originality of this article: This research combines a normative approach and socio-legal methods that are rarely used in the study of mitigating circumstances. A survey of 76 judges from different regions and ethnic backgrounds in Indonesia provides valuable insights into the actual practice of civility considerations in trials. This article confirms that the relevance of modesty is not just a formal tradition, but also reflects important social and cultural dynamics in the judicial process in Indonesia
Factors of politeness as reason for mitigation in judge's decision: Is it still relevant to be maintained?
Full text linkBackground: Judges play a crucial role in the judicial process. According to Article 1 point 8 of Law Number 8 of 1981 on Criminal Procedure (KUHAP), a judge is a state official authorized to adjudicate cases. Their duties include examining, deciding, and resolving cases. In making decisions, judges consider both aggravating and mitigating factors. Aggravating factors may include the defendant having previous convictions, while mitigating factors may include polite behavior during court proceedings. This article focuses on polite behavior as a mitigating factor. It explores how judges assess politeness in court and whether this factor remains relevant in modern criminal case decisions. Methods: To answer this problem, the author researches using the socio-legal method, where the author will examine the problem with legal norms governing polite elements as a reason for mitigation and supported by surveys to support data from existing norms and decisions related to this matter. Findings: Judges still consider the element of modesty as a reason to mitigate punishment in criminal cases. From the results of a survey of 76 judges from 64 courts, 49 respondents stated that the element of civility is still relevant to be maintained in the judicial process. Factors considered by judges as indicators of the defendant's civility in court include polite language, cooperative attitude, and non-verbal expressions that show respect for the trial process. Conclusion: This research shows that the element of modesty is still considered relevant by the majority of judges as a mitigating consideration. The defendant's demeanor in court can signal remorse and good faith which influences the judge's decision. Novelty/Originality of this article: This research combines a normative approach and socio-legal methods that are rarely used in the study of mitigating circumstances. A survey of 76 judges from different regions and ethnic backgrounds in Indonesia provides valuable insights into the actual practice of civility considerations in trials. This article confirms that the relevance of modesty is not just a formal tradition, but also reflects important social and cultural dynamics in the judicial process in Indonesia
Reformulation of Corporate Liability Implementation in Money Laundering Crimes
Full text linkMoney laundering crimes (ML) are currently committed not only by individuals but also by corporations. The provisions of Money Laundering Crimes (MLC Law) regulate corporations, specifically Limited Liability Companies (PTs). However, since the enactment of MLC Law, only five legally binding rulings have involved corporations as perpetrators of ML offenses. In these rulings, there are several errors in the application of law. These errors include the fulfillment of the benefit element only being met when there is an increase in wealth, overlooking other circumstances such as a decrease in liabilities that the company must pay or use for its operations. Furthermore, in another ruling, the panel rejected the additional criminal charge of dissolving the corporation, with the legal reasoning that MLC Law does not regulate corporate dissolution. There are several rulings in which limited liability companies (PTs) were named as suspects but were ultimately found not guilty because the element of intent to conceal or disguise the origin of assets derived from criminal offenses was not fulfilled. This paper then compares several ML cases that occurred in the UK involving PTs, reflecting on some of these cases. In this paper, the author propose several ideas for the application of MLC Law, particularly for PTs involved in ML offenses. The methodology employed is doctrinal research. The paper emphasizes the necessity of optimizing sanctions against corporations that violate the MLC Law, not only in their capacity as perpetrators of money laundering but also for failing to fulfill obligations stipulated under the law
Financial Service Provider and Online Sexual Exploitation of Children: A Lacunae in Indonesia Legal Framework?
Full text linkOnline sexual abuse and exploitation of children is a serious global issue nowadays. In Indonesia, data from the Ministry of Women’s Empowerment and Child Protection (KemenPPA) shows that the number of reported child violence cases reached 24,158 in 2023. Of this total, sexual violence was the most common, with 10,932 cases. The key problem lies in the gap within the Legal Framework for addressing Child Sexual Exploitation in Indonesia. The issue is becoming more serious because the financial sector also plays a role, as perpetrators use financial means to carry out their actions. This has not been adequately addressed by Indonesia’s legal framework. Although Indonesia has prohibited and imposed penalties for perpetrators of child sexual exploitation and online sexual exploitation (for example, through the Criminal Code, Child Protection Law, Law on Sexual Violence, Pornography Law, and Electronic Information and Transactions Law), efforts to address the misuse of the financial sector by perpetrators have not been reflected in laws governing the financial services sector (such as the Indonesia Financial Services Authority Law, Banking Law, Indonesia Financial Services Authority Regulations, etc.). This paper, through a doctrinal research approach, examines the extent to which Indonesia’s legal framework addresses child sexual exploitation in accordance with international standards, conventions, trends, and developments. By analyzing how other countries—such as England, Wales, Sweden, the United States, and Australia—handle child sexual exploitation, particularly in relation to financial service providers, Indonesia can learn valuable lessons. In conclusion, this paper finds that Indonesia’s legal framework is insufficient to address child sexual exploitation and abuse involving financial means
Asset Forfeiture through Non-Conviction Based Asset Forfeiture and Management of Criminal Proceeds Assets: A Comparative Study with the United States and Thailand
Full text linkConfiscation is based on the principle that the proceeds of crime must be confiscated, because the convicted person should not benefit from the crime he committed. The procedure for handling confiscated property is something that needs to be regulated. So it is very important in a rule to determine who is responsible for taking the seized goods and holding them, where they should be stored, and what will be done with them. This paper compares and contrasts the NCB non-conviction based asset forfeiture rules owned by Indonesia, the United States and Thailand as well as the responsibilities in managing assets based on the results of confiscation and confiscation owned by these countries. The selection of the United States as a comparison country in this paper is based on the fact that countries that adhere to the common law legal system have commonly practiced the concept of NCB asset forfeiture as an activity in confiscating and seizing assets and the United States has been implementing the concept for decades. While in the Southeast Asian region, Thailand is one of the countries that has long implemented the concept of NCB asset forfeiture and has an independent institutio
Penerapan Asas Audi Et Alteram Partem dalam Perkara Permohonan Pemberian Izin Poligami
Full text linkPrinsip audi et alteram partem merupakan prinsip dalam Hukum acara perdata yang hakikatnya bermakna hakim harus mendengarkan kedua belah pihak yang berperkara di dalam persidangan berdasarkan Pasal 4 ayat (1) Undang-Undang Nomor 48 Tahun 2009 tentang Kekuasaan Kehakiman. Isu hukum yang diangkat dalam tulisan ini adalah penerapan asas audi et alteram partem dalam perkara perdata terkait permohonan pemberian izin poligami. Berjenis penelitian hukum Normatif, dan akan dianalisis dengan menggunakan pendekatan perundang-undangan dan pendekatan konseptual. Hasil pembahasan menunjukan bahwa dalam praktiknya penerapan asas audi et alteram partem ini belum terlaksana dengan baik dikarenakan masih ditemukan dalam peradilan perkara perdata tidak berimbangnya pertimbangan hakim terkait pernyataan yang diberikan oleh kedua belah pihak dalam memutus suatu perkara. Adanya putusan yang tidak menerapkan atau mengesampingkan asas audi et alteram partem ini antara lain, keterangan salah satu pihak tidak dipertimbangkan dalam putusan bahkan dikesampingkan (tidak didengar) dan hal ini merupakan kewenangan hakim.
 
- …
