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Masalah Penyidik Dalam Tindak Pidana Jasa Keuangan Di Indonesia, Wahyu Wiriadinata

Jurnal Hukum & Pembangunan

Abstract

Urgensi Pertanggungjawaban Pidana Korporasi, Kristian Kristian

Jurnal Hukum & Pembangunan

Abstract

Comparative Study On Institutional Design And Scope Of Grounds Of Criminal Cases Review Between Indonesia And The United Kingdom, Rahman Syamsuddin, Muhammad Ikram Nur Fuady, Hasdiwanti Hasdiwanti, Hilmiah Hilmiah

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study examines to examine the comparative framework of criminal cases review between Indonesia and the United Kingdom (UK), focusing on the scope of grounds and institutional framework. Both jurisdictions recognize post-conviction review as an extraordinary legal remedy intended to prevent miscarriages of justice. Indonesia employs revision (PK –Peninjauan Kembali) as a restrictive system, similar to the Court of Appeal. The UK adopts a broader and more flexible model through Criminal Cases Review Commission (CCRC). The study used secondary data and literature reviews, with a comparative legal approach grounded in normative and institutional analysis, assessing the legal structures, procedural …

Korupsi Dan Pembalikan Beban Pembuktian, Wahyu Wiriadinata

Jurnal Hukum & Pembangunan

Abstract

Plutocratic Public Safety, Erin Collins

Texas A&M Law Review

Recent political events have laid bare the ways that the United States functions like a plutocracy, in which the ultra-wealthy exert influence over core governance functions. The criminal system is not immune from this influence. Big Capital shapes the operation of the criminal system in highly visible ways through its investments in policing technology, electronic monitoring systems, and correctional and detention systems. This Article shows how the economic elite shape the operation of the criminal system in a less obvious way: through philanthropic giving. Big Philanthropy provides another—albeit seemingly benevolent—avenue through which the ultra-wealthy can advance a vision of public …

Pandangan Hakim Terhadap Keadaan Memaksa, Suhandi Cahaya

Jurnal Hukum & Pembangunan

Abstract

Pelaksanaan Hukuman Cambuk Di Nanggroe Aceh Darussalam Berdasarkan Perspektif Hak Asasi Manusia, Sheila Namira Marchellia

Indonesia Criminal Law Review

The Province of Nanggroe Aceh Darussalam imposes caning punishment as a sanction for several criminal offenses. Many parties consider this sanction to be a violation of human rights. This study employs a normative juridical method using statutory and conceptual approaches. Primary legal sources include Law Number 39 of 1999 concerning Human Rights, Qanun Aceh Number 12 of 2025 concerning Jinayat Law, the Indonesian Criminal Code, and Governor Regulation of Nanggroe Aceh Darussalam Number 10 of 2005 concerning Technical Guidelines for the Implementation of Caning Punishment. Secondary sources were obtained from legal literature and related legal theories. The results of the …

Proporsionalitas Penjatuhan Pidana, Eva Achjani

Jurnal Hukum & Pembangunan

Abstract

The Normative Evolution Of Political Crime In Egyptian Criminal Law 1881 – 1981, Anas Sayed Elkorashy

Theses and Dissertations

This thesis examines the historical evolution of the Egyptian criminal justice system's approach to managing political opposition. It employs the concept of "political crime" as a heuristic for analyzing the prosecution of dissent, despite the absence of a statutory definition within the legal system. By situating these practices within the broader context of political conflict, the study traces how criminal law has been used to manage rivalry and neutralize perceived threats to the state. Drawing on Fraenkel’s theory of the "Dual State," the thesis argues that modern Egyptian criminal justice has developed through a distinctive dual structure. The research distinguishes …

Anak Nakal: Diversi Dan Dilema Penerapannya, Eva Achjani Zulfa

Jurnal Hukum & Pembangunan

Abstract

Hak Asasi Manusia (Ham) Atas Lingkungan Hidup (Suatu Rekfleksi Sosio Yuridis Atas Implementasi Penyelesaian Sengketa Lingkungan), Junior B. Gregorius

Jurnal Hukum & Pembangunan

Abstract

Dealing With The Wrongs And The Rights: Lessons On Lethal Self-Defense From Durham, North Carolina, Emily Bass

DePaul Journal for Social Justice

The tragic loss of seventeen-year-old Trayvon Martin and the lack of accountability that George Zimmerman faced for fatally shooting him in their Florida neighborhood inspired countless calls for politicians to reexamine self-defense laws. Still, long before stand-your-ground laws, the same racist undertones that plagued Zimmerman’s trial prevented other state courts from holding accountable those who use excessive force in proclaimed “self-defense” and killed Black teenagers.

In 1993, then fifteen-year-old Jamal Elliott and several of his friends broke into the garage of Durham, North Carolina resident Michael Seagroves, hoping to steal a motorcycle. As Jamal ran from the garage, Seagroves shot …

Hukuman Mati Pasca Putusan Mahkamah Konstitusi, Todung Mulya Lubis

Jurnal Hukum & Pembangunan

Abstract

Restorative Justice Sebagai Alternatif Perlindungan Hukum Terhadap Korban Kekerasan Dalam Rumah Tangga, Rena Yulia

Jurnal Hukum & Pembangunan

Abstract

No Child Left To Heal Alone: Rethinking Restitution For Child Victims Of Sexual Abuse, Jessica Valiani

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the long-term psychological, emotional, and financial harms suffered by child victims of sexual abuse and argues that existing restitution statutes in the United States fail to provide meaningful, sustained support for survivors. Drawing on developmental psychology research, criminal restitution frameworks, and comparative state statutes, the paper demonstrates how current laws often limit recovery to narrow categories of offenses or leave compensation largely discretionary. The paper further analyzes Kentucky’s “Melanie’s Law” as a model for imposing ongoing offender-funded obligations and proposes a new child-centered restitution statute requiring convicted offenders to fund therapy and treatment for survivors of child …

Hukum Acara Pidana Dalam Pelaksanaan Peradilan Di Indonesia (Tinjauan Empiris Terhadap Keseimbangan Penegakan Hukum Dan Perlindungan Hak Asasi Manusia), Otto Comelis Kaligis

Jurnal Hukum & Pembangunan

Abstract

Justice For None: How The United States’ Sexual-Offense System Fails Victims, Defendants, And The Public, Hannah J. Flannery

Advanced Issues in Criminal Law: Sex Offenses

This paper argues that the United States criminal justice system fundamentally fails in its treatment of sexual offenses by retraumatizing survivors while simultaneously relying on punitive mechanisms that undermine meaningful accountability and rehabilitation. Through an examination of adversarial courtroom practices, prosecutorial discretion, plea bargaining, sex-offender registries, and civil commitment regimes, the paper demonstrates how American law prioritizes punishment, political performance, and moral panic over truth, dignity, and public safety. In contrast, comparative analysis of France, Canada, and the Nordic countries reveals alternative models grounded in consent-based legal frameworks, trauma-informed procedures, and rehabilitative justice. These systems emphasize proportionality, reintegration, and institutional …

Pergeseran Paradigma Pemidanaan Di Indonesia, Eva Achjani Zulfa

Jurnal Hukum & Pembangunan

Abstract

Mental Illness, Probation, And Recidivism: Standardizing Uniform Mental Health Docket Legislation In Ohio, Holly Lloyd

Journal of Law and Health

The rise of Mental Illness diagnoses in the United States unique to the criminal justice system. Specifically in Ohio, individuals with mental illness diagnoses have increased within the criminal justice system leading to the implementation of the Mental Health Court Docket. The Mental Health Docket has led to a decrease in recidivism by providing Defendants with appropriate mental health treatment. Within Ohio there is no universal standard for individuals being admitted into the Docket which has led to inconsistencies throughout the State and restrictive clinical requirements like requiring a diagnosis with psychosis. These inconsistencies contribute to higher recidivism rates and …

Kedudukan Prinsip Komplementaritas Mahkamah Pidana Internasional Atas Pemberian Amnesti Terhadap Pelaku Kejahatan Internasional, Sari Aziz

Jurnal Hukum & Pembangunan

Abstract

The Long Arm And The Short Stick: How Citizenship Transforms White-Collar Enforcement, Andrey Spektor, Henry B. Blaikie

Fordham Law Review Online

Transnational white-collar enforcement has expanded steadily, even amid recent Department of Justice rhetoric favoring restraint. Yet the enforcement apparatus imposes markedly different—and more costly—consequences on noncitizen defendants than on similarly situated U.S. citizens. Noncitizens are more likely to be detained pretrial and more likely to serve longer and harsher custodial terms because they are excluded from sentence-reducing mechanisms, housed in more restrictive facilities, and face an additional layer of postsentence immigration detention. These structural features convert nominally equivalent sentences into more punitive sanctions while increasing burdens on courts, prisons, the immigration system, and taxpayers.

This Essay argues that courts, as …

When “Voice” Becomes Law: A Caution Against Emancipatory Complacency In Anti-Sexual Violence Feminism, Samantha Lillian To

LL.M. Essays & Theses

This Essay destabilizes a feminist project that seeks to emancipate sexually violated women in the United States through a rhetoric of voice. There is a body of feminist literature that imagines voice as unconstrained self-expression through which sexually violated women resist patriarchal oppression and heal from trauma. When projected onto the courtroom, however, this framework becomes an ideal that the legal process, by its structure, cannot fully accommodate. This Essay presents three claims. First, despite the emergence of a legal promise of “voice” after the enactment of the Crime Victims’ Rights Act, feminists should not treat it as the culmination …

Defining Civil Rico's "Injury To Business Or Property" Requirement: The Supreme Court Takes A Few Steps, Says It Punts, But Actually Fumbles, Randy D. Gordon

Faculty Scholarship

Throughout its history, the RICO statute has presented lawyers with something of an interpretive parlor game. It is indefinite along multiple dimensions and thereby given multiple interpretations, even down to the word level. In Medical Marijuana v. Horn, the Supreme Court set out to define one of RICO's civil-standing provisions: Namely, whether the statute's "injury to business or property" requirement can be satisfied when a plaintiff suffers both economic and personal injuries. In a 5-4 decision, members of the Court engaged in an interpretive battle over the meaning of the phrase and succeeded only in holding that civil RICO does …

Plea Bargain Skepticism When Companies Kill People, Peter R. Reilly

Faculty Scholarship

In 2018 and 2019, two Boeing 737 MAX airplanes fell from the sky, killing 346 people—one of the deadliest corporate crimes in U.S. history. Instead of taking the case to trial, the United States Department of Justice (“DOJ”) addressed the matter by using two different alternative dispute resolution vehicles. First, Boeing was given a three-year deferred prosecution agree-ment. That deal was canceled when DOJ determined the company had breached it. Next, Boeing was given a plea bargain. This Article argues that federal courts, which are empowered to approve or reject plea deals, should be skeptical when the government turns to …

Streamlining Client Information For Post-Conviction Relief In Monterey County, Selena Lopez Arizmendi

Capstone Projects and Master's Theses

This capstone project addresses barriers to record clearing services that impact recidivism and reentry outcomes in California. Individuals with criminal records often face challenges in securing employment, housing, and stability, increasing the likelihood of continued justice system involvement. The Clean Slate Program at the Monterey County Public Defender’s Office provides post-conviction relief services to help reduce these barriers. Although Proposition 47 funding ended in February 2026, program services have continued. This project identified a need for a standardized, client-friendly informational resource, as key information has historically been communicated verbally, limiting understanding and retention. To address this gap, a concise Clean …

Drug War Repairs Guarantees, Amber Baylor

Faculty Scholarship

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

The Zoom Dock Is Worse Than A Cage: Remote Appearances From Jail Are Unconstitutional In Washington, Michael Mactaggert, Jeremiah Noonan

Seattle Journal for Social Justice

No abstract provided.

From Chains To Handcuffs: Confronting The Racial Legacy Of Prison Labor And The Urgency Of Reform, Hibah Hasan

Criminal Law Society Blog

This article examines prison labor in the United States as a system rooted in the 13th Amendment’s exception clause and shaped by post–Civil War practices such as Black Codes and convict leasing. It argues that, although formally abolished, the racialized logic of forced labor persists through modern mass incarceration, where incarcerated individuals—disproportionately Black men—perform essential work for little to no pay and without basic labor protections. The article analyzes how this system reflects a continuation of historical exploitation and proposes reforms, including fair compensation, voluntary participation, and expanded labor protections, to align prison labor with principles of rehabilitation and justice.

Efektivitas Dan Reorientasi Sistem Pendidikan Dalam Menciptakan Aparat Penegak Hukum Yang Terpercaya Dan Profesional, M. Hamdan

Jurnal Hukum & Pembangunan

Abstract

Komisi Pengawas Eksternal Pada Polisi, Harkristuti Harkrisnowo

Jurnal Hukum & Pembangunan

Abstract