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All Journal Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA JURNAL FIAT JUSTISIA Tadulako Law Review Sriwijaya Law Review Jurnal HAM Administratio : Jurnal Ilmiah Administrasi Publik dan Pembangunan Musamus Law Review Nurani Hukum : Jurnal Ilmu Hukum Cepalo Lampung Journal of International Law (LaJIL) Corruptio Ius Poenale Legal Protection for the Partnership Agreement Parties
Desia Rakhma Banjarani
Faculty Of Law Universitas Sriwijaya
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Ius Poenale

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The Role of Prosecutors in The Effort For Assets Recovery From Corruption Crimes Midian Hosiholan Rumahorbo; Risa Mahdewi; Desia Rakhma Banjarani
Ius Poenale Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v3i2.2752

Abstract

Corruption is an extraordinary crime because the impact of corruption harms the financial condition of a country; corruption is also alleged to violate the social and economic rights of the community or citizens in the country. Since corruption criminal is included as a extraordinary crime, an extraordinary method must be applied to eradicate corruption. For this reason, also steps are needed to provide a deterrent effect to perpetrators of corruption. Punishment of corruption perpetrators is expected to provide a deterrent effect. One of that steps is to return the state losses caused by corruption perpetrators, as well as being one of the anticipatory steps so that later, people will not dare to commit corruption. This research was made to answer how to recover assets from corruption and determine the prosecutor's office's role in recovering assets from corruption crimes. In this research, the author uses a normative legal research method that conducts an inventory of applicable laws and regulations. The results of research regarding efforts to recover assets can be carried out through criminal and civil legal remedies. Furthermore, the role of the Prosecutor's Office as a law enforcement officer in charge of law enforcement regarding assets recovery through criminal acts recognizes two mechanisms or procedures for recovery assets, the first mechanism or procedure is the seizure of assets without punishment, and the second is the mechanism or procedure for voluntary asset return. The steps that can be carried out in asset recovery are divided into several steps, including asset tracking, blocking or freezing, foreclosure, confiscation, and return.
Insult in National Criminal Law and Islamic Criminal Law: Sanctions Perspective and Legal Developments Review Desia Rakhma Banjarani; Taufani Yunithia Putri; Almira Novia Zulaikha
Ius Poenale Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v4i1.2867

Abstract

Insulting still very colorful in this life. Nevertheless, honor, dignity and fame for all people must be maintained and protected, and everyone must be safe from all disturbances and all efforts to humiliate based on Islamic provisions and state law. Based on this background, the formulation of the problem that will be discussed in this study is how are the sanction provision of insult in Indonesian law? How is the development of Islamic criminal law regarding criminal acts of insult in Indonesia? The method used in this study is normative research with data sources used in this study based on primary data sources and secondary data sources. The main data source is based on the Law No. 1 of 2023 concerning Criminal Code (KUHP), while secondary data is obtained from related books or articles. Sanctions for criminal acts of insult under Indonesian law are regulated in the Law No. 1 of 2023 concerning Criminal Code, which are grouped into 8 types of actions of insulting and The Electronic Information and Transaction Law or the ITE Law. Whereas in Islamic criminal law, it is regulated in the Al-Qur'an and Hadith Sahih: Muttafaq alaih. Criminal sanctions for insult in the development of Islamic criminal law use takzir punishment or are called jarimah takzir. In the modern era like now Islamic criminal law remains a judge's consideration for criminal imposition according to the provisions of takzir punishment.
Co-Authors Abdul Muthalib Tahar Algizca Rasya Almira Novia Zulaikha Bayu Sujadmiko, Bayu Desy Churul Aini Dian Afrilia Eka Deviani Febrian Febrian Febryani Sabatira Herliansyah, Ardy Ikhsan Setiawan Isma Nurillah Japriyanto Japriyanto Jessika, Arnelis Kisti Artiasha Mada Apriandi Zuhir Marwin S Del Rosario Midian Hosiholan Rumahorbo Nashriana Nashriana Natamiharja, Rudi Neisa Angrum Adisti Neisa Angrum Adisti Nurmayani Nurmayani Orima Melati Davey Ria Wierma Putri Ricco Andreas Risa Mahdewi Risa Mahdewi Risa Mahdewi Sri Sulastuti Taufani Yunithia Putri Vera Novianti