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All Journal Jurnal Hukum, Politik dan Kekuasaan Interdisciplinary Journal on Law, Social Sciences and Humanities
Kukuh Budi Mulya
Fakultas Hukum Universitas Jember
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Tawaran Model KKR Indonesia Dalam Penyelesaian Pelanggaran Ham Berat Masa Lalu Dengan Sejumlah Pengalaman Pembanding Rian Adhivira Prabowo; Kukuh Budi Mulya
JURNAL HUKUM, POLITIK DAN KEKUASAAN Vol 2, No 1: Agustus 2021
Publisher : Soegijapranata Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24167/jhpk.v2i1.5648

Abstract

: How a nation contront it’s past is one of the topics on studies of transititonal justice. Since Constitutional Court nullified Indonesian TRC Law 27/2004, reconciliation in Indonesia has entered a status quo. This paper explores possibilities on regulating the future of Indonesian reconciliation law based on three points of departures: (i) the dynamics on regulating reconciliation in Indonesia, (ii) precedents from Constitutional Court’s decisions, and (iii) lesson learned from South Africa and Chile’s TRCs. Using normative legal approach, this paper proposes four reconciliation models: (i) legal policy with amnesy, (ii) legal policy without amnesty, (iii) political policy, and (iv) an alternative model with the formation of Reparation Commission. This paper concludes the last offered model as the least resort for fulfilling victims’ rights on reparation while anticipating future legal/political policy on reconciliation.
Synchronization of Sanctions Against Corruption by Village Heads Marvika Aries Triana; Kukuh Budi Mulya
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 3 No 2 (2022): November 2022
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v3i2.32967

Abstract

ABSTRACT There is a dis-synchronization between Law Number 6 of 2014 concerning Villages and Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, related to the regulation of sanctions against corruption by the Village Head, which is contained in article 30 of the Village Law with articles 2 and Article 3 of the Law on the Eradication of Corruption Crimes results in uncertainty in the implementation of law enforcement. This research uses a normative juridical research method, using a statutory approach, a conceptual approach and a case approach.This research aims to interpret the provisions of Article 30 of the Village Law which is interpreted to be in dis-synchronization with the provisions of Article 2 and Article 3 of the Corruption Eradication Act and to find a legal solution for the dis-synchronization of two regulations regarding sanctions against Village Heads who commit corruption..The results show that the handling of cases regarding corruption in village funds carried out by the Village Head should be resolved using the Corruption Eradication Act, although according to the Village Law, it imposes administrative sanctions and legal solutions for the dis-synchronization of the two regulations regarding sanctions against the Village Head the one who commits corruption is to change the articles that have been dis-synchronized in part or all of the articles of the relevant laws and regulations, by the institutions/agencies authorized to form them.
Co-Authors Marvika Aries Triana Rian Adhivira Prabowo