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9 JILS 1 (2024)

handle is hein.journals/jils9 and id is 1 raw text is: Journal ofIndonesian Legal Studies Journal o fndo)neSan Vol. 9 Issue 1 (2024) 1-30 DOI: https://doi.org/10.15294/jils.vol9il.4530 Online since: May 8, 2024 https //journal unnes acid/journals/index php Periscope of Ideas Selective Criteria for the Application of Restorative Justice in Corruption Crimes Maria Silvya E. Wangga a i, Nadzriah Ahmada e, Jufryanto Puluhulawa , Vifi Swarianata'. a Faculty of Law, Universitas Trisakti, Jakarta, Indonesia b Faculty of Law, Universitas Teknologi MARA, Malaysia Faculty of Law, Universitas Negeri Gorontalo, Indonesia a Corresponding email: maria.s@trisakti.ac.id Abstract This article applies the theory of restorative justice to the analysis of state losses resulting from corrupt activities. This study employs socio-legal research, which is a type of normative legal research that is dependent on values and facts. The study's findings revealed that two (2) points of view are based on the fundamental notion that restorative justice can compensate the state for damages incurred through acts of corruption. First, in order to make up for the losses sustained by the state as a result of corrupt criminal acts, law enforcement must be centered around the idea of restorative justice. Secondly, the fact that the Constitutional Court's ruling Number 25-PUU-XIV-2016 eliminated the word may from Article 2 paragraph (1) and Article 3 of Law Number 20 Year 2001 in combination with Law Number 31 Year 1999 for the Eradication of Corruption remains a reality. In order to ensure that substantive justice in the application of restorative justice does not clash with current laws and regulations and is administered with chosen criteria, the a quo ruling nullifies Article 4 of the Corruption Crime Eradication Law. KEYWORDS State Losses, Corruption Crimes,Restorative Justice © 2024 Authors. This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0). All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions.