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All Journal Masalah-Masalah Hukum Jurnal Online Mahasiswa (JOM) Bidang Teknik dan Sains Jurnal Ilmiah Kebijakan Hukum Jurnal Belantara Nagari Law Review Unes Law Review Jurnal Simbur Cahaya UNES Journal of Swara Justisia Equalegum International Law Journal Jurnal Ilmu Administrasi: Media Pengembangan Ilmu dan Praktek Administrasi Setia Mengabdi: Jurnal Pengabdian Kepada Masyarakat Andalas Law Journal Delicti : Jurnal Hukum Pidana Dan Kriminologi
Iwan Kurniawan
Universitas Andalas
Humanities Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Journal : Nagari Law Review

 1 
Gugatan Keperdataan Oleh Jaksa Pengacara Negara Sebagai Upaya Pengembalian Kerugian Keuangan Negara Karena Korupsi Iwan Kurniawan; Riki Afrizal
Nagari Law Review Vol 5 No 1 (2021): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.5.i.1.p.103-115.2021

Abstract

Stollen assets recovery is one of the main purpose of eradicating corruption policy in Indonesia. Private lawsuit is one of the mechanisms that can be used to achieve this purpose. This mechanism has been regulated in Law Number. 31 of 1999 as amended by Law Number. 20 of 2001 Concerning the Eradication of Crimes of Corruption. This article analyses the extent to which private lawsuits mechanism in that Law can normatively accommodate the efforts to recover state financial losses due to corruption and the problems faced by State Attorneys in implementing these rules. This study uses both normative and empirical legal research methods. Primary data in this research was carried out by purposive sampling method in several District Attorney offices in West Sumatra. From what has been done, it can be said that the rules regarding private lawsuits in Law no. 31 of 1999 and Law No. 20 of 2001 concerning The Eradication of Crime of Corruption has opened a fairly flexible space for state attorneys to submit private action to recover state financial losses. However, the space provided by these laws and regulations has not been fully utilized by the Attorney General's Office, especially the District Attorney's Office in West Sumatra. There are several problems, both juridical and non-juridical in nature, such as: the problem of proof in the civil case, the misunderstanding of the attorney officer about the rules of private lawsuits in that Law, the problem of tracking assets, and the problem concerning the benefits or profits. In fact, the profits obtained from this private lawsuit do not have a significant impact on efforts to recover state losses.
Penerapan Pendekatan Keadilan Pestoratif oleh Kepolisian Negara Republik Indonesia dalam Penyelesaian Tindak Pidana di Wilayah Hukum Polres Payakumbuah Iwan Kurniawan; Nelwitis Nelwitis; Riki Afrizal
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.317-326.2023

Abstract

In Indonesia's criminal justice system, imprisonment is a sanction commonly imposed on perpetrators of criminal acts. This condition is not in line with Indonesian society, which is a communal society that prioritizes solving problems through deliberation and consensus. Therefore, there is a tendency in Indonesian society to use a restorative justice approach in resolving criminal law problems. This approach has been recognized and adopted by law enforcement agencies such as the Police. This approach has been adopted in the Republic of Indonesia State Police Regulation (Perkap) Number 8 of 2021 concerning the Guideline for Handling Criminal Acts Based on Restorative Justice. This approach is a new paradigm in the strategy for handling criminal cases by the Police. Resolving criminal acts through this approach also involves the perpetrator, victim, victim's family, community leaders, religious leaders, and traditional leaders in seeking a peaceful resolution by restoring the original situation. This research aims to study how the restorative justice approach is run by the Police in solving a criminal case at Payakumbuh Police Region and the obstacles faced by the Police. The research is carried out through sociological–juridical legal research emphasizing field research. In addition, this research also applies a study of existing legal materials. This descriptive research intends to describe the reality studied clearly and systematically. This research finds that the Payakumbuh Police officers have implemented this restorative justice approach to most criminal cases. In implementing this approach, the police officers encountered several juridical and non-juridical obstacles. Legal obstacles relate to the multi-interpretation of a legal norm, while practical obstacles are complicated procedures, difficulties finding an agreement, and compensation issues.
Co-Authors Amir Syarifuddin Ati Rahmawati Atikah Purwantari Azman Mohd. Noor Eldhy Susetio Elwi Danil Fadillah Sabri Fajar Wahyudi Franklin Ishak Hadiid Akram Hafiz dwi Alhadi Humaira Azzahra Khazanatul Huda Mario Yusuf Nelwitis Nelwitis Nelwitis Nirmala Ayu Aryanti Rifka Hardina Sukmayanti Rike Anggun Artisa Riki Afrizal Romy Romy Teno Frimer Yoserwan Yoserwan