Law Enforcement of Corruption in The Business Framework of State-Owned Enterprises in Indonesia

Abstract

: Law enforcement of corruption by corruptors still has gaps to be exploited by irresponsible parties in weakening the position of political or business opponents. The formulation in the legal system of criminal acts of corruption is unclear, making law enforcers less professional in applying the law in the field of criminal acts of corruption. The purpose of this study is to analyze and find corruption law enforcement regulations within the BUMN business framework that are not yet based on the value of justice and the weaknesses of corruption law enforcement regulations within the current BUMN business framework in Indonesia, as well as the reconstruction of corruption law enforcement regulations in Indonesia. SOE business framework based on the value of justice. The research method used is constructivism paradigm, sociological juridical approach, and qualitative analysis. The results of the study show that the law enforcement regulations for corruption within the BUMN business framework are not based on the value of justice, that the state financial loss will be closely related to the provisions of Law no. 1 of 2004 concerning the State Treasury and provisions related to the position, duties and functions of the Supreme Audit Agency (BPK). 2) The weakness of the legal substance is that in substance the existence of 4 (four) laws and regulations that are multi -aspects in BUMN and have different regulatory objects from each other have resulted in confusion over the financial accountability of BUMN. The weakness of the aspect of legal structure is that there is no synergy between law enforcers so that it is no longer fragmentary and the existence of the paradigm of the judiciary shows that the legal structure came first but has not yet been followed by adequate legal substance. Weaknesses in the aspect of legal culture are often subjective in nature which highlights, among other things, the loyalty and loyalty of law enforcement officials in carrying out and carrying out state duties, patterns of behavior and professionalism of officers, being one of the main issues that must be studied for reform and a solution in enforcing criminal law. corruption within the framework of an integral SOE business.