Firganefi Firganefi
Universitas Lampung

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The Relevance of Supreme Court Regulation No. 1 of 2020 in Efforts of State Losses Refund through Restorative Justice Niko Jaya Kusuma; Firganefi Firganefi; Muhammad Farid
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2434

Abstract

The government has moved quickly to find a legal breakthrough related to reducing corruption in Indonesia. One of the efforts made by the government is through the Supreme Court to eradicate corruption is the enactment of Supreme Court Regulation No. 1 of 2020 concerning Guidelines for the Criminalization of Articles 2 and 3 of the Law on the Eradication of Corruption Crimes. The consideration is that the imposition of a crime must be carried out with due regard for the certainty and proportionality of punishment to realize justice based on Pancasila and the Republic of Indonesia's 1945 Constitution. The objectives of the Supreme Court Regulation prioritize victim’s losses to be recovered. Moreover, the regulation proportional benefits in imposing penalties on criminal cases is compatible with the Restorative Justice approach. The restorative justice process is expected to be a legal breakthrough in restoring state finances, with dealing with Criminal Corruption Cases focusing on efforts to restore state finances as a whole rather than just prosecuting the perpetrators. Thus, the purpose of this research is to determine how relevant Supreme Court Regulation No. 1 of 2020 are to efforts to recover state losses through restorative justice. This research employs both a normative and an empirical legal approach. Data were gathered through literature reviews and field studies and analyzed qualitatively. The present study confirmed the author's thoughts about the relevancies of Supreme Court Regulation No. 1 of 2020 to recover state losses through restorative justice as Supreme Court Regulation No. 1 of 2020 play a role as a law enforcement's main element as a legal substance.
ANALYSIS OF THE FULFILLMENT OF RESTITUTION RIGHTS FOR CHILD VICTIMS OF SEXUAL VIOLENCE CRIME Mohammad Reza Khatami; Firganefi Firganefi; Malicia Evendia
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.297

Abstract

Victims of a crime are often children, especially crimes of sexual violence. Sexual violence against children will have a detrimental effect. Impact on health problems and prolonged trauma problems. Children who are victims of criminal acts of sexual violence can cause physical and psychological injuries that must be healed and cared for. The form of legal protection for children who are victims of criminal acts of sexual violence is to provide the right of restitution as the perpetrator's responsibility to fulfill the rights of children who are victims of criminal acts. Decision of the Tanjung Karang High Court No.133/Pid/2021/PT Tjk, convicting the perpetrators of only half of the demands of the Public Prosecutor. This shows that criminal justice in Indonesia is still only focused on giving law to criminals so that the fulfillment of victims' rights cannot be fulfilled optimally. The results of the research show that there are regulations related to restitution but the regulations doesnt guarantee the rights of children as victims because these regulations are unclear in regulating the mechanism for implementing restitution. So that the obstacle is that law enforcement officers are still focused on the basic punishment rather than the rights of victims.