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Edwin Setiawan; Hartiwiningsih Hartiwiningsih

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of information technology has brought significant changes, particularly in the area of cybercrime, such as electronic document forgery. This research explores the role of digital forensics and information technology in proving electronic document forgery crimes in Indonesia, using a normative legal research approach. The study employs both a statute approach and a conceptual approach to analyze the effectiveness of digital forensics in uncovering electronic crimes. The findings show that while digital forensics plays a crucial role in investigating electronic document forgery, there are several complex challenges in its implementation. One of the major obstacles is the limited number of certified digital forensic experts in Indonesia, with only 147 professionals qualified in this field. Additionally, the existing legal regulations have not kept pace with the rapid advancements in digital technology, which poses significant challenges to enforcement efforts. The study identifies various technical barriers, such as the complexity of forensic technologies, the volatile nature of digital evidence, and the ever-evolving techniques used by cybercriminals. These factors complicate the process of proving electronic crimes and pose difficulties for investigators. In response to these challenges, the research recommends strategic measures such as strengthening the capacity of forensic laboratories, harmonizing legal regulations with technological advancements, and improving the competency of human resources in both technological and legal fields. The study contributes to the development of a conceptual framework for cyber law enforcement, providing a comprehensive perspective on the challenges faced in proving electronic crimes in the digital age. The research aims to inform policymakers in crafting more effective and adaptive law enforcement strategies.

Andin Wisnu Sudibyo; Ade Saptomo

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the legal vacuum that occurs in the pre-prosecution process, especially related to the absence of time limits and frequency of return of examination report files (BAP) between investigators and public prosecutors. This vacuum has the potential to hinder the principle of fast, simple, and low-cost justice that should be applied in the Indonesian criminal justice system. This study proposes solutions in the form of setting clear time limits, improving coordination between investigators and public prosecutors, and providing training to improve human resource capacity. In addition, the application of sanctions for parties who violate the provisions of pre-prosecution is an important step to ensure the smooth running of the judicial process. This study is expected to contribute to increasing the efficiency of the criminal justice system in Indonesia.    

Yusuf, Cindra Dewi; Moonti, Roy Marthen; Ahmad, Ibrahim

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Law enforcement of road transportation traffic is one of the important aspects in maintaining road safety and order. However, the effectiveness of monitoring and evaluating the performance of Civil Servant Investigators (PPNS) in law enforcement is often hampered by unstructured processes and lack of transparency in reporting. This research aims to analyze the role of information technology (IT)-based system development in improving transparency, efficiency, and accountability in monitoring and evaluating PPNS performance. This research uses a qualitative method with a case study approach, which involves analyzing the application of information systems in institutions that handle traffic law enforcement. The results showed that IT systems can improve transparency by providing clear and real-time data access, increase efficiency by speeding up data processing and analysis, and strengthen accountability through auditable digital records. The study concludes that the development and implementation of IT systems in the oversight of PPNS performance not only improves the effectiveness of traffic law enforcement, but also strengthens the integrity and public trust in the institutions that carry out these tasks. The implementation of IT systems is expected to be a strategic solution in improving the quality of public services in the field of traffic law.

Siti Hamimah; Rengga Kusuma Putra

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The election organizers are regulated in Law Number 7 of 2017 as institutions that organize elections, consisting of the General Election Commission (KPU), the Election Supervisory Agency (Bawaslu), and the Honorary Council of Election Organizers (DKPP) as a unified election task force. The supervisory board elects members of the council, parliament members, representatives of state bodies, the president and vice president, as well as members of the people's representative council directly from the people. To implement Law No. 7 of 2017, the independence and autonomy of election organizers are required. These institutions will later have specific regulations to handle violations committed by election organizers. The mechanism for resolving violations by election organizers is regulated in DKPP Regulation Number 2 of 2019. This regulation contains several procedural rules for DKPP sessions, which then result in final and binding decisions. The problem formulation in this writing includes, How is the concept of handling ethical code violations of election organizers, and How to find an ideal model for handling ethical code violations of election organizers. The research method used is normative juridical writing. The handling of electoral criminal offenses, which has not been optimal as described above, is due to the supervisory scope of Bawaslu, as mandated by the Election Law, not being implemented maximally. Article 486 paragraph (2) stipulates that "Gakkumdu as referred to in paragraph (1) is attached to Bawaslu, Provincial Bawaslu, and Regency/Municipal Bawaslu" and Article 486 paragraph (4) states that "Investigators and prosecutors as referred to in paragraph (3) carry out their duties full-time in handling election criminal offenses." These two provisions emphasize that the scope of control over the process of handling electoral criminal offenses conducted by the Gakkumdu center lies within Bawaslu, not within each institution.

Simarmata, Petrus Warsiki

DINAMIKA HUKUM 2024 Universitas Stikubank

In the examination of a criminal case involving Crimes Against Life becomes an inseparable part in a judicial process that aims to seek material truth (materiile waarheid), one of the efforts is by using forensic medical science, the first step taken by the police is to request through a forensic autopsy a material truth can be revealed scientifically, both at the time of the start of the case investigation until the case is proven in court. This study looks for how the role of forensic medicine in assisting investigators to find material truth in murder cases, based on the results of field research, the role of forensic medical science assistance is needed to find material truth in murder cases in order to make light of the criminal case and obtain valid evidence, but not always the role of forensic medicine is successful, there are also obstacles that occur. The conclusion drawn from this research is that law enforcement officials need to coordinate with forensic doctors and must prioritize justice as the basis for conducting investigations.

Albertus Agung Hagai Beni Parhualar Sidauruk; Fristia Berdian Tamza; Firganefi Firganefi

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Crime is one of the forms of actions that violate social norms in society. One of the criminal offenses frequently occurring in communities is murder. The focus of this study is to explore the factors that trigger premeditated murder by individuals closely related to the victim and to analyze the efforts made by the police in handling such cases. This research employs an empirical approach, also known as a sociological legal study or field analysis. The respondents in this study include the police officials from Polresta Bandar Lampung, criminal investigators from Polresta Bandar Lampung, and criminal law lecturers from the Faculty of Law at Universitas Lampung. Data were collected through literature reviews and field observations, and analyzed qualitatively. The findings indicate several factors contributing to premeditated murder by close associates, including inadequate economic conditions, low education levels, revenge, and drug use. The police address premeditated murder through both penal and non-penal efforts. Penal efforts involve direct handling of cases by conducting investigations, inquiries, and arrests. Meanwhile, non-penal efforts focus on preventive measures aimed at preventing crimes before they occur. The primary focus of non-penal measures is managing the conditions that trigger criminal acts.

Ahmed R Khlefha

International Journal of Science and Mathematics Education 2024 Asosiasi Riset Ilmu Matematika dan Sains Indonesia

In this paper, Spline techniques have become prominent lately due to their effectiveness in addressing singular perturbation boundary value problems. These issues, defined by a boundary layer or a minor parameter associated with a derivative term, pose difficulties due to swift fluctuations in solutions adjacent to the boundary. Solutions to singularly perturbed involving both positive and negative changes in a spatial variable are shown in this review article. The methods presented here are algorithmic in nature. The singular perturbation that arises in neural activity simulation and the approaches proposed by numerous investigators between 2004 and 2024 are the only ones covered in this review. A variety of types of singularly perturbed were reviewed, including ordinary delay differential . Discovering what numerical and analytical strategies have been created in the past decade to address these types of issues is the primary objective of this review. Its secondary objective is to encourage academics to come up with novel, strong approaches to resolving related issues.

Mariela Nikita Putri; Heryanto Amalo; Rosalind Angel Fanggi

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the obstacles in the process of investigating sexual violence against women with disabilities in the jurisdiction of the Ende Resort Police This research is an empirical juridical research, with field study data collection techniques with interview studies and literature studies. The data obtained were then presented in a qualitative descriptive manner. The results of this study show that: (1) the obstacles experienced by the Ende Resort Police investigators come from various factors such as Legal Factors, namely the unavailability of examination operational standards for people with disabilities; Factors of Law Enforcement Officials, lack of understanding of the apparatus regarding disabilities, limited investigation budget, difficulty in finding witnesses; Facilities and Infrastructure factors, lack of accessibility of buildings and rooms and unavailability of sign language interpreters; Community Factor, the community is less cooperative and the perpetrator escapes. (2) Efforts made include: capacity training for investigating officers, provision of facilities and infrastructure, submission of additional fees, cooperation with the ranks of the Police in finding escaped criminal offenders, and approaches through socialization to the community.

Ervin Fitianingrum; Ramlan Ramlan; Lagat Parroha Patar Siadari; Soerya Respationo; Erniyanti Erniyanti

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The handling of election crimes is one of the important aspects in maintaining the integrity and fairness of the process of holding general elections in Indonesia. The Integrated Law Enforcement Center (Gakkumdu Center) was formed as a forum for law enforcement of violations of crimes in General Rehabilitation which is carried out in an integrated manner by Bawaslu, the National Police, and the Prosecutor's Office. However, in practice, in the Batam City Gakkumdu Center, it was found that there were obstacles caused by Batam City Gakkumdu Center officers who did not understand their duties and authorities as well as the applicable rules in handling election violation cases, namely investigators who did not carry out investigations in the Gakkumdu Center. This study aims to analyze juridically the optimization of the handling of election crimes by the Gakkumdu Center with a focus on the Batam City Bawaslu. This study uses a normative juridical research method with a qualitative approach. Data was collected through document studies, in-depth interviews with members of Bawaslu, the Police, and the Prosecutor's Office, as well as direct observation of the case handling process by the Gakkumdu Center in Batam City. Data analysis is carried out in a descriptive-analytical manner to identify obstacles and formulate optimization efforts. The results of the study show that there are officers of the Batam City Gakkumdu Center who are not compliant in carrying out their duties and authorities in accordance with applicable rules in handling cases of election violations, namely investigators who do not carry out investigations in the Gakkumdu Center so that as a result of Bawaslu members at the Gakkumdu Center being confused/not taking a stand in deciding the case to be stopped/continued because the facts of the calrification results are not drawn optimally, so that there is a potential for expiration in case handling and administrative issuance that does not comply with principles. This study concludes that optimizing the handling of election crimes at the Gakkumdu Center in Batam City requires a comprehensive and integrated approach. By implementing the recommended steps, it is hoped that the Gakkumdu Center in general can be more effective and procedural in carrying out its duties so that the law enforcement

Edy Chandra Zebua; Dahlan Dahlan; Sayid Fadhil; Soerya Respationo; Erniyanti Erniyanti

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Violations of quarantine regulations in Batam City continue to occur to this day. Despite the enactment of Law No. 21 of 2019 concerning Animal, Fish, and Plant Quarantine, which replaced Law No. 16 of 1992 on the same subject and introduced stricter criminal sanctions for violations, there has still not been a deterrent effect on those bringing prohibited items without meeting quarantine requirements. This research addresses how the authority and implementation of quarantine investigators' powers are regulated in handling cases of animal entry that have bypassed the designated import and export points in Batam City, what obstacles or challenges quarantine investigators face, and the solutions at the Animal, Fish, and Plant Quarantine Office of the Riau Archipelago at the Hang Nadim and Telaga Punggur Service Units. The research method combines normative legal research with empirical sociological approaches, utilizing both inductive and deductive methods to analyze and clarify the relationship between research variables and the research object. This approach aims to provide a comprehensive understanding that benefits readers, particularly future researchers and academics. The findings reveal ongoing uncertainty among quarantine investigators in enforcing quarantine regulations in Batam City. This issue arises from differing interpretations of Law No. 21 of 2019 among quarantine officers and the shortage of human resources, which affects investigators' focus on legal enforcement actions, including criminal sanctions. In Batam City, the resolution of quarantine regulation violations prioritizes the philosophy of "ultimum remedium" where punishment is seen as a last resort. Administrative sanctions for quarantine violations include quarantine detention, rejection, and/or destruction of the violating items.

Syaiful Azwir; Soerya Respationo; Erniyanti Erniyanti; Erniyanti Erniyanti

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The background of this research is the importance of the Visum et Repertum (VeR) examination in identifying victims and determining the cause of death, especially in cases of unidentified corpses that are often found in the Riau Islands area. Proper and accurate VeR checks are vital to support the criminal investigation process, provide justice for victims and their families, and maintain the integrity of the criminal justice system. The purpose of this study is to analyze the effectiveness of the VeR examination conducted at Bhayangkara Batam Hospital in assisting victim identification and supporting criminal investigations. The study also aims to identify the obstacles faced in the examination process and provide suggestions to improve its effectiveness. The purpose of this study is to analyze the effectiveness of the VeR examination conducted at Bhayangkara Batam Hospital in assisting victim identification and supporting criminal investigations. The study also aims to identify the obstacles faced in the examination process and provide suggestions to improve its effectiveness. The research method used is normative juridical with an empirical juridical approach at Bhayangkara Batam Hospital. The data was collected through in-depth interviews with forensic doctors, police investigators, and analysis of VeR documents and reports. The data obtained were analyzed using positive law theory from John Austin, legal system theory from Lawrence M. Friedman, and evidentiary law theory. The results showed that although the VeR examination at Bhayangkara Batam Hospital was generally effective, although there were several obstacles that affected the quality and speed of the examination, such as limited resources, medical personnel skills, and the condition of the corpses that were often decomposed. Suggested efforts to overcome these obstacles include improving forensic medical facilities and equipment, ongoing training for medical personnel, implementing standard protocols, and increasing cooperation between related agencies. Suggestions include the need for governments to invest more in forensic infrastructure, the importance of public education on missing persons reporting, and the need for increased collaboration and integrated training for investigators and forensic experts. With the implementation of these suggestions, it is hoped that the effectiveness of VeR examinations can be improved, thereby supporting criminal investigations in a more efficient and fair manner.

Aufi Hidayatul Azmi; Deby Melisa Putri; Fatma Azira; Miftahur Rizqi

Jurnal Publikasi Ilmu Psikologi. 2024 Asosiasi Riset Ilmu Kesehatan Indonesia

Language plays an important role in children's daily lives as it is a communication tool that connects individuals in society. Language skills are the foundation for a child that is naturally acquired to adapt to their environment, as a tool to socialise and a way to respond to others. This study set out to ascertain how the roleplaying approach affected the language development of young children. One group pretest postest design is the research design that the investigators utilized. This method is carried out to take measurements before (pretest) and after (posttest) giving treatment. Because the situation before the treatment can be compared, the outcomes of the treatment can be known with more accuracy. Based on the results of the study, the results show that there is a significant influence between before and after treatment. Based on the data analysis in this study, researchers can conclude that there is a significant effect of the treatment given on the language skills of Kartika I-57 Bukittinggi kindergarten students. This is based on the results of the Independent Samples Test which shows a significance value (Sig.) of 0.001, which is smaller than 0.005. This result shows a significant difference between the pretest and posttest results, so the intervention method applied in the meeting session is effective in improving children's language development. In addition, the results of normality and homogeneity tests showed that the data were normally distributed and the research subjects had homogeneous characteristics.   Keywords: Language plays an important role in children's daily lives as it is a communication tool that connects individuals in society. Language skills are the foundation for a child that is naturally acquired to adapt to their environment, as a tool to socialise and a way to respond to others. This study set out to ascertain how the roleplaying approach affected the language development of young children. One group pretest postest design is the research design that the investigators utilized. This method is carried out to take measurements before (pretest) and after (posttest) giving treatment. Because the situation before the treatment can be compared, the outcomes of the treatment can be known with more accuracy. Based on the results of the study, the results show that there is a significant influence between before and after treatment. Based on the data analysis in this study, researchers can conclude that there is a significant effect of the treatment given on the language skills of Kartika I-57 Bukittinggi kindergarten students. This is based on the results of the Independent Samples Test which shows a significance value (Sig.) of 0.001, which is smaller than 0.005. This result shows a significant difference between the pretest and posttest results, so the intervention method applied in the meeting session is effective in improving children's language development. In addition, the results of normality and homogeneity tests showed that the data were normally distributed and the research subjects had homogeneous characteristics.    

Khamdan Khanafi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Its implementation and application require the use of the TPPU Law by relying on the initial crime or primary crime, the main crime according to investigators and prosecutors is part of the formal and material requirements in an event file, for its fulfillment if it is incomplete it can be considered unable to carry out prosecution by prioritizing formal processes. Money laundering cases are rarely charged under the TPPU Law because the charges given are not cumulative charges, and are only limited to the initial crime, complicated bureaucracy and difficult communication between agencies due to the integrity that does not exist between judicial institutions as a criminal justice system, lack of socialization process and regarding the anti-money laundering regime to investigators, public prosecutors, and PPATK. The problem in this study is how to apply international criminal law to money laundering. The application of International Money Laundering into Indonesia's national criminal law depends on compliance with international treaties governing transnational criminal activities. This agreement has been approved and implemented by the legal and regulatory framework of the country. This impact is seen in lawmaking, the passing of Presidential Decrees, and the legal doctrine articulated in this agreement. The Money Laundering Act serves as an example of domestic criminal legislation promulgated as a means of enforcing international conventions

Imelda Rosari Bau; Deddy R.C Manafe; Rosalind Angel Fanggi

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Smuggling of used clothes is a criminal act that is still a serious problem in Indonesia.This is certainly a concern from various parties, especially Customs and Excise as an agency that has duties and responsibilities in the field of Customs. Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 gives authority for Customs and Excise to carry out their roles in accordance with the scope of duties and functions carried out. However, in practice in the field, cases of smuggling of used clothes continue to be found, one of which is in the Atambua City area This research uses an empirical juridical research method, which is a study that directly examines the phenomenon of smuggling used clothes that occurs in the field, as well as the role of Customs and Excise investigators and the obstacles of Customs and Excise investigators in eradicating the smuggling of used clothes by conducting an interview with the Head of the Atambua Customs and Excise Office, Head of the Atambua Customs and Excise Enforcement and Investigation Section, Atambua Customs and Excise Investigator Members and the public who are consumers and sellers of used clothes. The results of the study showed: (1) The role of Customs and Excise investigators in eradicating the crime of smuggling used clothes in the Atambua City area includes preventive measures, namely socializing to the public about the smuggling of used clothes and conducting patrols. (2) The obstacles experienced by Customs and Excise investigators in eradicating the crime of smuggling used clothes in the Atambua city area include the breadth of the surveillance area, accessibility, the high interest of the Atambua community in consuming used clothes, law enforcement factors where there are still law enforcement personnel involved in smuggling, facilities or facilities where the number of transportation and investigator members is still minimal, community factors where there is still a lack of sensitivity and community participation in eradicating the smuggling of used clothes in the Atambua city area.

Dian Rosita; Endang Setyowati; Suwandoko Suwandoko

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

General elections (elections) are a benchmark for the success of democracy for countries that adhere to democratic principles such as Indonesia. The large number of hoax issues surrounding the election that are spread via social media are often considered cybercrime or cybercrime. Meanwhile, criminal law is currently developing discussions about Restorative Justice, which offers forms of settlement with the aim of fulfilling the wishes of the parties with a win-win solution. The legal issue analyzed in this research is how restorative justice policies apply in enforcing the law against perpetrators of spreading fake news (hoaxes) related to elections on social media to see the possibility of using alternative dispute resolution for election violations, especially at the police level. The method used in this research is normative juridical, using literature study and a statutory and regulatory approach related to the legal issue being discussed. This research shows that the Restorative Justice Policy against perpetrators of spreading fake news (hoaxes) taken by the Police is carried out to create a clean, healthy and productive Indonesian digital space so as not to give rise to diversity in investigative administration and differences in interpretations of investigators and irregularities must be carried out in a persuasive, educational manner. so that there is no suspicion of criminalization in the criminal act of spreading fake news (hoax) against the perpetrator or in other words the person being reported. 

Erva Yunita; Irwan Triadi

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The author raises the topic of the Lapindo mudflow case which is viewed from criminal acts related to Law Number 32 of 2009 concerning Environmental Protection and Management.. A company as a legal entity consists of many parties, including owners and directors, so that determining the party responsible for crimes related to the environment becomes complex. Regarding the Lapindo mudflow case, Lapindo Brantas Inc must be held criminally responsible and pay compensation for losses resulting from the Lapindo mudflow activities. PT was not convicted. Lapindo Brantas reflects the poor enforcement of environmental criminal law in Indonesia. It is clear that 42 experts stated that the Lapindo mudflow was not a natural disaster but was purely PT's fault. Lapindo Brantas in carrying out drilling. And the police as investigators, the prosecutor as public prosecutor and the judge who handed down the decision should try this case and punish PT. Lapindo Brantas based on Article 116 of Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) states that criminal sanctions can be imposed on business entities. To obtain answers, this research uses yuridis normative methods or library research, meaning that this research is based on on library sources to discuss the problems that have been formulated. In criminal law, criminal law can be imposed on business entities in the form of fines or administrative action, or closure of part or all of the company or in accordance with the principle of the polluter pays, but cannot be sentenced to prison because the management is a group of people. By enforcing criminal law for environmental perpetrators, the aim of punishment will be achieved, namely that the perpetrator will be deterred and will not repeat his actions and will not be imitated by others.

Muhammad Yusuf; Alpi Sahrin; Hudi Yusuf

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Handling rape cases requires effective forensic evidence collection to ensure justice for victims and truth disclosure in court. This study aims to evaluate protocols for collecting forensic evidence in rape cases, focusing on enhancing evidence quality and perpetrator identification accuracy. The evaluation method involves analyzing the implementation of existing protocols, including procedures for collecting and analyzing relevant physical, biological, and digital evidence in the context of sexual crimes. The study's findings indicate that increasing training and awareness of updated protocols can significantly improve the quality of collected evidence and the accuracy of perpetrator identification. These findings highlight the importance of collaboration among investigators, forensic experts, and other authorities in improving and implementing effective protocols for handling rape cases. This research provides a foundation for ongoing improvements in forensic procedures to enhance justice for victims of sexual crimes and overall community safety.

Rusdi Sanmas

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to determine the criminal law policy in the return of state financial losses in the form of replacement payments by corruption convicts and to determine the efforts made by police investigators in overcoming obstacles to the return of state financial losses in the form of replacement payments by corruption convicts. The method used in this study is a qualitative method, with a normative legal approach as the main approach and empirical legal as a supporting approach. The data sources in this study were obtained from secondary data as the main data and primary data as supporting data. Furthermore, the data were then processed using qualitative methods. The results of the study obtained information that the criminal payment of replacement money has been regulated in Law No. 31 of 1999 concerning the Eradication of Corruption as amended by Law No. 20 of 2001. The amount of replacement money payment is the same as the assets obtained from the crime of corruption. If the replacement money is not paid, the convict is sentenced to imprisonment for a period not exceeding the maximum threat of the principal sentence. Therefore, the return of state financial losses cannot be optimal. The amount of compensation for state financial losses needs to be increased, by confiscating and seizing the perpetrator's assets/wealth. The Asset Confiscation Law needs to be formed as a legal basis for confiscating assets from corruption.

Putry Alviani Reihan; Mohamad Rusdiyanto U Puluhulawa; Jufryanto Puluhulawa

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Cases of sexual violence against children, especially those with mental disorders, are a serious problem that requires attention in law enforcement and child protection in Indonesia. In this context, the lack of regulations that specifically regulate the protection of children with mental disorders creates obstacles in handling cases and protecting victims. The problem raised in this research is: how is the law enforced for criminal acts of sexual violence committed against children with mental disorders and what efforts are made by investigators in this case to fulfill the rights of victims. This research is directed towards empirical legal research and the approach used in this research uses a statutory approach and a case approach. This research was carried out at Gorontalo Police. The results of the research and discussion explain that the law enforcement process for criminal acts of sexual violence against children who also experience mental disorders involves a series of steps that take into account the special conditions of the victims. Namely, the fulfillment of the victim's rights as a child with mental disorders, including: during the investigation and inquiry process the victim continues to be accompanied by P2TP2A, Social Services, psychologists and psychologists. This proves that the child is being looked after so that there is no trauma after the incident. In Indonesia there are no regulations that explicitly regulate this matter so investigators still use Article 81 paragraph 1 in conjunction with Article 76 e or Article 82 paragraph 1 in conjunction with Article 76 e of Republic of Indonesia Law No. 17 of 2016 concerning the Determination of Government Regulations in Lieu of Republic of Indonesia Law No. 1 of 2016 Regarding the 2nd Amendment to Republic of Indonesia Law No. 23 of 2002 concerning Child Protection into Law in conjunction with Article 64 paragraph 1 to 1 of the Criminal Code. With the general stages of the law enforcement process, namely, Reporting, Investigation, Examination of Victims, Collection of Evidence, Determination of Suspects, fingerprinting process, and then it is handed over to the prosecutor's office for the court process.