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Full-Text Articles in Law

Restorative Justice In Indonesia: Traditional Value, Eva Achjani Zulfa Aug 2011

Restorative Justice In Indonesia: Traditional Value, Eva Achjani Zulfa

Indonesia Law Review

“Restorative Justice” is a model approach which emerged in the 1960s in an effort to solve criminal cases. Unlike the approach used in conventional criminal justice system, this approach focuses on the direct participation of perpetrators, victims and society in the settlement process. This theory of the approach is still debated, but the view is in fact growing and it exercises a lot of influence on legal policies and practices in several countries. The UN through its basic principles considers the approach of restorative justice as the approach which could be used in the rational criminal justice system. Restorative justice …


State Capture: Is It A Crime? How The World Perceived It, Lily Evelina Sitorus Aug 2011

State Capture: Is It A Crime? How The World Perceived It, Lily Evelina Sitorus

Indonesia Law Review

State capture has emerged as a global threat in several countries. The definitions vary from the act of rent-seeking to corruption. Russia, Ukraine, and some countries in Central Asia are several areas where state capture was first observed. Indonesia is not immune from the threat. Several misconducts in the country had already been labeled as state capture. There are some distinctions between state capture and corruption, whereas in a few countries both are considered as the same. Strategies for combating corruption usually involve reducing state capture.


Human Trafficking In Indonesia: Law Enforcement Problems, Nathalina Naibaho Apr 2011

Human Trafficking In Indonesia: Law Enforcement Problems, Nathalina Naibaho

Indonesia Law Review

Human Trafficiking is considered as a crime against humanity. To conduct the due process of law towards cases related with human trafficking, the law enforcement officers cannot work by themselves. They really need assistance from many parties – such as active report from the society – as a valuable information to disclose such cases. Law enforcement conducted towards woman and child trafficking is still ineffective. It is proven by many existing cases, that low number of processed cases before the court and minimum sanction convicted to the perpetrators is clearly evident. Factors which are deemed to have correlation with low …