Sunardi Purwanda
Fakultas Hukum, Institut Ilmu Sosial Dan Bisnis Andi Sapada.

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Journal : Amsir Law Jurnal (ALJ)

The Effects of Monism and Pluralism on Legal Development of a Nation Sunardi Purwanda; Mira Nila Kusuma Dewi
Amsir Law Journal Vol 2 No 1 (2020): Oktober
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i1.30

Abstract

This study demonstrates the impacts of monism and pluralism on the legal development of a nation. First of all, this study discusses how isms or sects or ideologies begin, related to supernatural thoughts by humans. Subsequently, these thoughts develop into a concept that nature is the center of this universe. Nature sign is not due to supernatural power or in other words rain falls not because the Rainy Goddess is crying but nature itself moves its power. Nature supreme grows well in human knowledge, through natural studies, which is called naturalism. Naturalism continuously forms materialism, something that presents/exists, and then it is what is called the truth. Next, these thoughts develop to mechanistic and vitality thoughts. These give impacts to culture, social even legal system in a nation.
Refund of State Financial Losses in Realizing the Welfare State of Law Mustawa Mustawa; Abd. Haris Hamid; Sunardi Purwanda
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.125

Abstract

The concept of punishment is not only emphasized to the subject of the perpetrator, but also the consequences that can be caused need to be accounted. What is the ideal form of punishment for perpetrators of corruption. Does it really need extraordinary efforts to deal with this crime? This article was a type of normative research. The approach used in normative research was the statutory approach, which is an approach taken by examining all laws and regulations related to the legal issues being handled. Refund of state financial losses, especially corruption in Indonesia, is not easy and can be done. The perpetrators of corruption have very strong access to a wide network of power that is difficult for law enforcement to reach. This article describes the regulation of the return of state financial losses due to criminal acts that can be carried out through two legal instruments, namely criminal law instruments and civil law instruments.