JURNAL HUKUM PROYURIS

Penerapan restorative justice Dalam Tindak Pidana Korupsi Sebagai Upaya Pemulihan Kerugian Keuangan Negara

2024-10-31T16:17:40+00:00

ABSTRACT: Eradication of criminal acts of corruption in various countries is based on the hope of saving state assets in various ways. The law on eradicating corruption must be designed
to facilitate the eradication of corruption comprehensively and systematically so that it can achieve this goal. This research aims to determine and analyze the application of restorative justice
in criminal acts of corruption at the inquiry and investigation stage and the limits on state financial losses where restorative justice can be applied. The methods used is empirical juridical
and normative juridical, the data source is primary data from interviews with Class 1A Kupang District Court Judges and secondary data is conducting library research on research materials. Based on the research results, restorative justice can be applied in small criminal acts of corruption (under IDR 100,000,000) at the inquiry and investigation stage if the perpetrator of corruption returns the state financial losses incurred. The implementation of restorative justice is an effort to save the state's financial losses because it has to incur huge costs to process corruption perpetrators from the investigation, investigation, trial stages, and even to prisons. In practice, several cases have implemented restorative justice by returning all state financial losses, so the case is not continued to court, this needs to be handled in legal regulations as a reference for law enforcement in Indonesia.

Keywords: Corruption, Restorative justice, State Financial Losses.

PENEGAKAN HUKUM DALAM PENANGGULANGAN TINDAK PIDANA PENIPUAN MELALUI APLIKASI WHATSAPP DI KOTA KUPANG

2024-10-31T16:29:28+00:00

ABSTRACT: Technological progress can be said to be a double-edged sword, it can be used for good and evil purposes at the same time. One of the negative impacts of the internet is cybercrime or mayantara crime, which is a type of crime used by perpetrators related to the unlimited use of information andcommunication technology in the form of technological engineering. Efforts to overcome crime through repressive and preventive channels. So far, the perpetrators of cyber crime have not all been able to be prosecuted as a result of the weak cyber legislation system in Indonesia. The aim of this research is to find out and analyze law enforcement and what factors hinder criminal acts of fraud via the WhatsApp
application in Kupang City. The method used is empirical juridical and normative juridical, the data source is primary data by conducting interviews with investigators at the Kupang City Police and secondary data is from conducting library research on research materials. Based on research results, Law Enforcement in Overcoming Fraud Crimes Using the WhatsApp
Application in the City of Kupang has taken several actions such as preventive and repressive legal actions carried out by the police when online crimes occur, the police have taken firm action against these cases based on applicable legal regulations. .regulated in Law Number 19 of 2016 concerning Electronic Information Technology (ITE) ITE Article 45A Paragraph (1). However, if you look at the human resource capabilities currently possessed by the Police, they are still limited to the Criminal Investigation Unit of the National Police Headquarters in Jakarta, and the Regional Police before specifically having a special task force to deal with cybercrime, especially at the level of the District Police and Regional Police, meanwhile
Cybercrime does not only occur in big cities, it can also occur in small towns or villages that have internet access. There are obstacles in overcoming criminal acts of electronic transaction fraud in Kupang City, namely legal factors, society, culture, facilities and facilities, and law enforcement factors. Law enforcement officials should need synergy between a participatory community and law enforcement officials who are democratic, transparent, responsible and oriented towards actual protection.
Keywords: Law Enforcement, Cyber Crime.

PENGATURAN FUNGSI PENGAWASAN DEWAN PERWAKILAN RAKYAT DAERAH TERHADAP PEMERINTAH DAERAH DI KABUPATEN TIMOR TENGAH UTARA

2024-12-12T04:45:30+00:00

One of the functions of the Regional House of Representatives according to the provisions of Law Number 23 of 2014 concerning Regional Government is the Supervisory Function. The regulation of the supervisory function of the Regional House of Representatives is in accordance with the provisions of Article 153 and the Regulation of the North Central Timor Regency Regional House of Representatives Number 1 of 2019 Article 22 paragraphs (1) to (6), but during the period from 2019 to 2024 the fittings of the Regional House of Representatives, namely the commission, did not discuss the Regional Revenue and Expenditure Budget budget due to the Regulation of Government which did not provide room for budget discussion in the commission, so that the supervisory function for the implementation of the Regional Regulation or Regulation of Regent did not run optimally. Theoretically, this supervisory function aims to be in the interest of prevention, namely preventing politically with its control function so that it still pays attention to legal instruments as signs and repressively, namely firmly taking action against perpetrators and law enforcement if there have been irregularities and misappropriations that cause losses to the State and the community's economy. In the supervisory function, a member of the Regional People's Representative Council can play the role of "public services watch" for the implementation of local government budgets and policies, but Regulation of Government 12 of 2018 does not provide space or optimal role to the Regional House of Representatives fittings, namely the Commission to discuss the budget with Local People's Representative Council partners at each master budget session or amendments. This supervision aims at the prevention and improvement aspect. For example, by supervising work preparations, budget plans, energy use plans, and other sources. Repressive Supervision, Supervision of local government activities, stopping violations and returning to their original state, whether with or without sanctions. Because it is so important that the Regional House of Representatives supervision of the Regional Government of North Central Timor Regency is important, that supervision is an important part of the process of implementing the government. Without a control function, power will run according to the will and interpretation of the power holder (power maker).