Upaya Pengembalian Kerugian Negara Melalui Kebijakan Pidana Uang Pengganti Tindak Pidana Korupsi
(Artha Kariasmarico, Maroni Maroni, Emilia Susanti)
DOI : 10.61132/nakula.v3i6.2326
- Volume: 3,
Issue: 6,
Sitasi : 0 31-Jul-2025
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| Last.06-Aug-2025
Abstrak:
Criminal money substitution is a very important instrument and has a crucial role in efforts to recover state losses caused by corruption crimes. Through this mechanism, the state seeks to recover losses incurred due to corruption. Although there are provisions that regulate the crime of substitute money, the implementation of the substitute money policy in Indonesia is considered ineffective in restoring state losses due to corruption. The main problem in this study is how the substitute money policy in corruption in Indonesia today and how the construction of the substitute money criminal policy in the perspective of criminal law reform. The methods used in this study are normative juridical and empirical juridical which are research methods that combine normative legal elements with the addition of empirical data. The data sources used in this study are primary data and secondary data. Data was collected through literature studies and field studies. Based on the results of this study, it can be seen that the policy is considered not to clearly explain how the mechanism for recovering state losses through the penalty of substitute money is related. In practice, currently the return of state losses through the imposition of penalty money in lieu has not been effective. This is because there are still many obstacles. Some of the obstacles in the implementation of this substitute money crime are the limitations of law enforcement officials, lack of coordination between institutions, and the inability to trace and confiscate the assets of perpetrators of corruption crimes. In addition, another obstacle faced at the time of execution is the inability of the perpetrator to return state losses caused by corruption crimes. This is what causes the maximum implementation of the substitute money criminal policy. The construction of the substitute money criminal policy in the perspective of criminal law reform, namely the substitute money policy must be able to enforce the law in Total Enforcement or at least in Full Enforcement, namely demanding the return of all state losses caused by corruption crimes as a whole without any legal loopholes that allow convicts to evade.
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2025 |
Penegakan Hukum dalam Penanggulangan Kejahatan Pertambahan Pasir Ilegal
(Syahnas Mauthia Setia Putri, Rinaldi Amrullah, Emilia Susanti)
DOI : 10.62383/aktivisme.v1i4.463
- Volume: 1,
Issue: 4,
Sitasi : 0 02-Aug-2024
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The crime of illegal sand mining is a problem that requires the attention of various parties. The current phenomenon is that illegal mining is rampant among individuals and companies. Based on data from the Central Lampung Police, illegal mining crimes occur every year, while data from Walhi Lampung and the Environmental Service shows that there are still very few mining activities that have IUPs. This shows that illegal mining crime is a problem that must be handled by various elements. The research method used is a Normative Juridical and Empirical Juridical approach. Sources and types of data in research were obtained from field studies with interviews and literature studies. This research was conducted at the Central Lampung Police, lecturers at the Faculty of Law, Unila University, Walhi Lampung, and the Environmental Service. The results of this research describe that the police do not only focus on law enforcement, but also focus on preventative efforts to tackle illegal mining crimes. Even though Law Number 3 of 2020 concerning Mineral and Coal Mining, the Police does not contain the authority of the Police in mining crimes. However, the police as the front guard of law enforcement officials must make countermeasures. This includes pre-emptive efforts to identify potential risks that cause illegal mining to occur. Monitoring efforts are carried out actively and periodically and are routinely used as an effort to detect potential crimes before they develop into real crimes. The preventive approach involves outreach and education activities in areas where there is potential for mining to increase public awareness about the negative impacts of illegal mining crimes. Then the last one is repressive efforts as a form of providing legal certainty
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2024 |
Pertanggungjawaban Hukum Terhadap Pelaku Promotor Perjudian Online
(Faisyal Akbar, Maya Shafira, Emilia Susanti, Deni Achmad, Dona Raisa Monica)
DOI : 10.62383/aliansi.v1i5.448
- Volume: 1,
Issue: 5,
Sitasi : 0 18-Jul-2024
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Abstrak:
The promotion of online gambling through social media such as Instagram and WhatsApp is increasingly attracting public interest, even though it violates the law in accordance with Article 27 Paragraph (2) of Law Number 19 of 2016. Case at the Tanjung Karang District Court (Number 892/Pid.Sus/2023/PN .TJK) revealed that online gambling promotion is a criminal offense with the threat of prison sentences and fines. What is the criminal liability of perpetrators who promote online gambling products and what is the basis for the judge's considerations in imposing criminal penalties on perpetrators who promote online gambling products? Data analysis uses qualitative data analysis. The judge's decision is in accordance with applicable law, taking into account legal, sociological and philosophical aspects. In this case the judge placed more emphasis on the sociological and philosophical aspects. Hakim used Mackenzie's theory, emphasizing balance, artistry, intuition, and a scientific approach. Criminal liability must be strictly legally necessary to protect society from the negative impacts of online gambling. The criminal liability contained in decision number 892/Pid.Sus/2023/PN.TJK regarding online gambling promotion involves several defendants. This decision emphasizes the importance of law enforcement in maintaining justice and public security, and shows the appropriate application of the law to punish the promotion of illegal gambling.
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2024 |
Permasalahan Dalam Hak Pilih Dan Memilih
(Ade Zelda Savitri Siregar, Emilia Susanti, Meylani Eka Putri, Saidatul Khoiriah, Widi Anggraini)
DOI : 10.61132/arjuna.v2i3.983
- Volume: 2,
Issue: 3,
Sitasi : 0 18-Jun-2024
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This publication addresses topics related to electoral processes and suffrage. Its objectives include elucidating the principles of voting and suffrage, discussing challenges associated with voting rights during elections, and examining citizens' passive voting rights. The journal employs library research methodologies, involving the collection and analysis of materials from various literature sources.
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2024 |
Analisis Dasar Pertimbangan Hakim Praperadilan pada Perkara Penetapan Tersangka Tindak Pidana Korupsi Dana Desa
(Rizki Perdana Bakri, Rinaldy Amrullah, Emilia Susanti)
DOI : 10.62383/demokrasi.v1i2.185
- Volume: 1,
Issue: 2,
Sitasi : 0 29-Apr-2024
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| Last.24-Jul-2025
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Ensuring the preservation of human rights and the coherence of law enforcement's tasks are predicated on the pre-trial provisions of the criminal procedure legislation. As part of its mission to ensure that the criminal justice system is fair, the pretrial facility has put safeguards in place to monitor the effectiveness with which police officers carry out their tasks. All eyes are on the judge's evaluation of the law's applicability in light of pre-trial judgment 4/Pid.Pra/2022/PN.Kla. Normative and empirical theories of law are both used in this study's methodology. Primary data collected from the field and secondary data collected from various relevant legal sources are both used in this study. The study team included a law school professor, a prosecutor from the South Lampung District Prosecutor's office, and a judge from the Kalianda District Court. The court considered the following factors in rendering pretrial decision 4/Pid.Pra/2022/PN.Kla, in accordance with the study's conclusions: Instead of using the seizure reports and records that initially connected the suspect to the South Lampung District Prosecutor's Office ( Respondent) as evidence, the judgment was based on legal, social, and philosophical factors. Beyond that, the applicant was not suspected of being the subject of an official audit by the State Financial Loss Calculation Audit (PKKN). In order to establish a monetary loss to the state, the investigator must explicitly recognize a critical component that forms the foundation or risk of the inquiry. All of the applicant's pretrial requests were therefore granted by the court. The officials tasked with carrying out the pretrial decision's enforcement have finished their task. Kla is based on the multi-stage execution of criminal legislation.
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2024 |
Kajian Kriminologi Terhadap Kejahatan Penyerobotan Tanah Di Wilayah Tulang Bawang
(Muhammad Fhariedz Alfarizi Piin, Ahmad Irzal Fardiansyah, Emilia Susanti)
DOI : 10.62383/demokrasi.v1i2.153
- Volume: 1,
Issue: 2,
Sitasi : 0 26-Mar-2024
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Land grabbing is the act of taking rights or property arbitrarily or without paying attention to laws and regulations, such as occupying someone else's land or house to which they do not have rights. The act of illegally grabbing land is an act that is against the law, which can be classified as a criminal act. In connection with this case, this is the reason for the author to discuss the factors causing the crime of land grabbing in the Tulang Bawang area as well as efforts to overcome the crime of land grabbing. in the Tulang Bawang area. This research uses a normative juridical approach and is supported by an empirical juridical approach. Data collection was carried out using literature studies and field studies by conducting interviews with Tulang Bawang Sector Police officers, perpetrators and lecturers in the criminal law department at Lampung University, then the data was analyzed qualitatively. The results of the research and discussion show that the causes of land grabbing crimes in Tulang Bawang include environmental factors, weak self-control factors, family factors, and economic factors. Apart from that, efforts to overcome group fights are carried out through 2 (two) means, namely penal and non-penal. Penal measures are carried out only up to the point of reporting to the authorities. Meanwhile, non-penal efforts are carried out through mediation.
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2024 |
Penegakan Hukum Dalam Penanggulangan Kejahatan Penyalahgunaan Senjata Tajam Oleh Anak Dibawah Umur
(Wanda Monica Putri Salsabila, Emilia Susanti, Gunawan Jatmiko, Maroni Maroni, Muhammad Farid)
DOI : 10.62383/demokrasi.v1i2.101
- Volume: 1,
Issue: 2,
Sitasi : 0 08-Mar-2024
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| Last.24-Jul-2025
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The aim of this study to understand efforts in combating crimes involving the use of sharp weapons and the inhibiting factors influencing underage individuals in misusing sharp weapons. The method used was a normative juridical approach and an empirical juridical approach with a qualitative research type. Primary and secondary data sources were used. The research results show that the police in preventing and dealing with crimes involving sharp weapon abuse committed by children use a pre-emptive approach, the police focus on identifying potential risks that could cause children to be involved in the misuse of sharp weapons. The preventive approach involves outreach and education activities in the community to increase public awareness about the negative impacts of sharp weapon abuse by children. This study is only related to tackling sharp weapon crimes committed by children. This research contributes by identifying and analyzing various risk factors that contribute to underage individuals engaging in the misuse of sharp weapons, aiding in the development of preventive strategies.
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2024 |