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Kebijakan Formulasi Pengaturan “Illicit Enrichment” Sebagai Upaya Pemberantasan Tindak Pidana Korupsi Istiqomah, Milda
Jurnal Media Hukum Vol 23, No 1 (2016): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0069.76-86

Abstract

In its progress, the criminal sanctions given to the convicted offenders of corruption are not effective. Therefore, in order to prevent corruption, the strategy needs a certain mechanism to criminalize the alleged offenders of corruption. The proper strategy is to provide a deterrent effect aims to impoverish corruptor. This study attempts to examine the regulations of corruption and offers alternative setting formulations of illicit enrichment as an effort to prevent the corruption. This research applies normative judicial method with statute approach and comparative approach. This study concludes that Indonesia doesn’t have regulations related to illicit enrichment; therefore the author offers an alternative on regulation of illicit enrichment as effort to eradicate corruption in Indonesia.
The Use of Article 378 of the Criminal Code against Violations of Article 43 Paragraph 2 of the Flats Law on Legal Certainty of Land Ownership Status Dzulkarnain Alghafuru Syahputra; Bambang Sugiri; Milda Istiqomah
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2110

Abstract

The developer of the apartment is allowed to sell the apartment unit that has not been completed after fulfilling the requirements and obligations as regulated in Article 43 paragraph (2) of the Flats Law. This study aims to analyze and find the accuracy of using Article 378 of the Criminal Code to adjudicate violations of Article 43 paragraph (2) of the Flats Law related to the certainty of land ownership status as the basis for making PPJB and criminal responsibility for notaries against the occurrence of criminal acts in the deed he made related to with the principle of prudence of a notary in carrying out his office. The research method used in this study is normative juridical law research, the approach method used is the statutory regulation approach and the conceptual approach as well as the case approach. From the results of the research and discussion, it can be concluded first: the use of Article 378 of the Criminal Code which is applied to violations of Article 43 paragraph (2) of the Flats Law is inappropriate. The appropriate article for the violation is Article 110 of the Flats Law. Second: For criminal acts that are contained in a notary deed, it can cause the notary to be held criminally responsible for participating in helping the occurrence of a crime.
TNI Strategy in Countering Terrorism: Study of Involvement of Former Terrorist Convicts with TNI in Deradicalization Activities in the TMMD Program Sidik Wiyono; Alfi Haris Wanto; Milda Istiqomah
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.4912

Abstract

Collaboration between actors is needed for deradicalization programs, not only institutional actors (institutions) but actors outside of institutions need to be involved for the deradicalization process as a form of national resilience.  This paper discusses the involvement of former terrorist convicts (Napiter) who are the members of the Yayasan Lingkar Perdamaian (YLP) and the TNI (Indonesian Armed Forces) during the effort of deradicalization through the TNI Manunggal Membangun Desa (TMMD) program. This research was conducted with the object of former terrorist convicts by conducting interviews, documentation studies and observations. The analysis of this research with a collaborative governance theory approach with qualitative research methods. From this study it was found that the synergy between TNI and ex-terrorist convicts must be integrated for deradicalization process through the TMMD implementation program so that the national resilience will be realized.