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All Journal Jurnal Ius Constituendum Activa Yuris: Jurnal Hukum Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Anita Zulfiani
Universitas Sebelas Maret
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Enforcement of Emergency Law Number 7 of 1955 Concerning Investigation, Prosecution, and Justice of Economic Crime, in Supporting the Governance Policy of Subsidized Fertilizer Anita Zulfiani; Alma Tiara Aninditha; Davin Gerald Parsaoran Silalahi
Activa Yuris: Jurnal Hukum Vol 3, No 1 (2023)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v3i1.16179

Abstract

Since globalization, law, especially in the realm of criminal law, has undergone many changes, and many developments have even evolved into new forms. The development of crime has implications for the rapid evolution of rules regarding criminal acts. Indonesia is familiar with arrangements regarding economic crimes since the existence of Emergency Law Number 7 of 1955 concerning the investigation, prosecution, and justice of economic crime. This law is the forerunner to the rules of economic criminal law in Indonesia which is an adaptation of Wei op de Economische Delichten 1950 from the Dutch, but has been adapted to the conditions in Indonesia. Economic Crimes are criminal acts or crimes or offenses in the economic field that can harm the state. Indonesia is known as an agrarian country where most of the population depends on the agricultural sector, which is why subsidized fertilizer management is an important matter for attention because the availability of fertilizer is one of the determinants of the sustainability of food production in Indonesia. Subsidized fertilizer from the government has the aim of helping farmers to obtain fertilizer at low prices, the distribution of subsidized fertilizer is monitored by the government so that it is right on target for recipients. However, in reality, there have been irregularities in the management of subsidized fertilizers, one of which was in a case that was decided based on Criminal Decision Number 87/Pid.B/2014/PN.Kds. Emergency Law No. 7 of 1955 is a law that has specificity because it regulates criminal acts in the economic sphere that are not regulated in the Criminal Code (KUHP). This research is to show how the enforcement of Emergency Law Number 7 of 1955 which is in line with the subsidized fertilizer management policy encouraged the progress of the Indonesian economy.
The Precautionary Principle of Running Foundation Activities In the Perspective of the Foundation Law and the National Criminal Code Anita Zulfiani; Nabila Alinka Wibowo
Jurnal Ius Constituendum Vol 9, No 2 (2024): JUNE
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.7867

Abstract

This research aims to examine the principle of prudence in managing Foundation activities. The urgency of this research is so that the foundation can maintain its sustainability, develop, and be able to provide broad benefits according to the objectives of its establishment. This research uses qualitative methods with a statutory and conceptual approach. The novelty of this research is that in managing Foundation activities, the precautionary principle is required. The results of this research are the principle of prudence in carrying out Foundation activities consisting of Firstly, in managing the Foundation, it must always be guided by applicable legal provisions to avoid problems, whether problems in the form of civil disputes or criminal violations. Second, it must based on the principle of non-profit oriented, where foundations are not prohibited from running business entities, but the results are aimed at the interests of society and the sustainability of the Foundation to succeed in its social goals, because the Foundation is not oriented towards profit or gain, but rather towards benefit. Third, the organs of the Foundation must avoid conflicts of interest that could harm the interests of the Foundation and other parties. Fourth, foundations must apply the principles of Good Corporate Governance (GCG), namely: independence, transparency, accountability, and fairness.
Pemenuhan Asas Keadilan Dalam Penyelesaian Kasus Tindak Pidana Kecelakaan Lalu Lintas Melalui Restorative Justice di Kejaksaan Negeri Sragen: Studi Kasus Perkara Nomor: PDM-12/SRGN/EKU.2/03.2023 Charlissa Aulia Diva Febrianna; Anita Zulfiani
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 2 (2024): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i2.236

Abstract

The criminal system in Indonesia is experiencing reform, which is marked by restorative justice. The principle of restorative justice is a principle of law enforcement in resolving cases which is used as an instrument for the recovery process from its original state. This is done to prevent problems from arising such as the number of prisoners in prison being full. Therefore, this legal research aims to analyze the fulfillment of the principles of justice in resolving traffic accident criminal cases through restorative justice at the Sragen District Prosecutor's Office and to analyze the obstacles faced by prosecutors in implementing restorative justice. This research uses a descriptive normative-empirical method with a legal approach and a traffic accident criminal case approach handled at the Sragen District Prosecutor's Office in case number: PDM-12/SRGN/EKU.2/03.2023. Based on this legal research, the author concludes that the resolution of traffic accident criminal cases through restorative justice at the Sragen District Prosecutor's Office has fulfilled the principles of justice as one of the legal objectives. However, in its implementation there are still obstacles experienced by the Prosecutor as a facilitator in this peace process.
Co-Authors Alma Tiara Aninditha Charlissa Aulia Diva Febrianna Davin Gerald Parsaoran Silalahi Nabila Alinka Wibowo