Attorney General Research Articles

The Empty Chair. The Loss of Congressional Seats in Colombia Due to Corruption and Criminal Ties

Objective/context: This article has three objectives: to differentiate the theoretical arguments on the empty chair policy in Latin America, to analyze the process of institutional change that culminated with its implementation in Colombia, and to describe how it has been carried out between 2010 and 2024. Methodology: The methodological approach has three components: a theoretical part, a documentary component, and an empirically based analysis. The first describes the contrast between two approaches to the autonomy, control, and accountability of political parties and parliamentarians. The second reviews how these approaches are reflected in the rules on seat ownership (of parties or congresspersons/deputies), accountability, and sanctions for parties and congresspersons when they violate the law. The third consists of identifying cases of loss of seats, their analysis, and the determination of their effects. The principal sources of the study are constitutional reforms, Supreme Court rulings, and decisions of the Attorney General’s Office on convictions of congressmen. The information is complemented with journalistic reports and electoral data. Conclusions: The empty chair policy is established in two Latin American countries (Colombia and Peru). It is an effective legal norm to sanction political parties and legislators convicted for their links with criminal groups, corruption, electoral fraud, and other crimes. It has been applied in eighteen cases due to links to paramilitarism, drug trafficking, and corruption. The affected parties have decreased their electoral performance and their seats in Congress. Originality: This is the first empirical study on the subject in Colombia.

Mortality Disparities Among Arrestees by Race, Sentencing Disposition, and Place

Understanding mortality disparities among justice system-involved populations is crucial for public health and policy, especially for marginalized racial groups such as American Indian/Alaska Native persons. To examine racial disparities in mortality within the broader justice system-involved population in South Dakota, focusing on different sentencing dispositions and the role of place. This observational study used administrative criminal records linked to mortality data from January 2000 to December 2016. The statewide data linked data from South Dakota Attorney General's Office and South Dakota Department of Health. Individuals aged 18 years and older with arrests were analyzed in this population-based sample. Data were analyzed from August 1, 2022, to July 30, 2023. Sentencing dispositions were categorized as arrest only, fine, probation, jail, and prison. The main outcomes were mortality rates (both all-cause and cause-specific) calculated using Poisson regression models, adjusted for demographic and county variables. Of 182 472 individuals with 422 987 arrests, the study sample included 29 690 American Indian/Alaska Native arrestees (17 900 [60%] male; mean [SD] age, 29.4 [11.0] years) and 142 248 White arrestees (103 471 [73%] male; mean [SD] age, 32.6 [12.9] years). American Indian/Alaska Native persons accounted for 16% of arrestees and 26% of arrests, but only 9% of the population in South Dakota. Across dispositions, mortality risk was greater for White individuals sentenced to probation, jail, and prison relative to White individuals who were arrested only. In terms of racial disparities, all-cause mortality risk was 2.37 (95% CI, 1.95-2.88) times higher for American Indian/Alaska Native than White arrestees in the arrest-only disposition. Disparities persisted across all dispositions but narrowed substantially for probation and prison. Results were similar for cause-specific mortality risk, except for cancer risk. In urban areas, mortality risk was 2.70 (95% CI, 1.29-2.44) times greater for American Indian/Alaska Native individuals relative to White individuals among those with arrest-only dispositions. In this population-based observational study, mortality risk and associated racial disparities among justice system-involved individuals differed substantially across dispositions and places, underscoring the need for public health interventions tailored to these factors. Further research is needed to understand the mechanisms through which sentencing and place shape these disparities.

The Role of the Prosecutor's Office in Resolving Criminal Corruption Cases

The Prosecutor's Office plays a crucial role in the functioning of the legal system. However, in reality, the Corruption Court is still located in every provincial capital in Indonesia, which often results in high costs for resolving corruption cases which are sometimes disproportionate to the losses they cause to the state. The author of this research focuses on analyzing circular letters belonging to the Deputy Attorney General for Special Crimes by linking the theory of Legal Economic Analysis as a form of consideration and also explaining how the Prosecutional Office applies a restorative justice approach. The research contributes to the topic discussed by evaluating the policy's significance and the prosecutor-office's role in handling corruption cases through the application of restorive justice principles. This study also aims to provide an overview of the challenges and technical legal issues faced by the public prosecutor in carrying out their responsibility to recover funds and/or state assets.

Enforcement of State Law by the Republic of Indonesia Attorney General's Office in the Perspective of Law Number 16 of 2004

The Republic of Indonesia is a country with a constitutional system that is governed by the Indonesian Constitution. It is an independent and effective law enforcement agency in Indonesia. This paper aims to explore the enforcement of state law by the Prosecutor's Office of Indonesia (Kejaksaan RI) in the perspective of Law Number 16 of 2004. It focuses on the mechanisms, practices, and effectiveness of this enforcement from a legal and procedural standpoint. The research may offer insights into the interpretation and application of this law, identify challenges, and suggest potential improvements or reforms in the enforcement process. It provides a solid legal foundation for the Attorney General's office of Indonesia to carry out its duties as a policing in upholding justice and legal sovereignty in Indonesia's established framework. It emphasizes the crucial role of the Penal Service of Indonesia in constitutional law enforcement, including prosecuting crimes that harm the interests of the state or the public. Ensuring constitutional law enforcement is crucial for maintaining legal stability, eradicating corruption, improving governance, and strengthening public trust. Indonesia can achieve effective enforcement through strengthening regulations, coordination between legal institutions, and government, and by enhancing capacity and resources through training, education, professional development, interagency cooperation, and transparency and accountability.

Apontamentos sobre a implementação da atividade de consultoria no âmbito das auditorias internas dos Institutos Federais de Educação, Ciência e Tecnologia: um estudo dos Raints de 2018 a 2021

This article aims to investigate, especially in a quantitative way, the adherence of internal audits of the Federal Institutes of Education, Science and Technology to the consultancy service. To this end, exploratory research was carried out, with the analysis of the Annual Internal Audit Reports (RAINT) of the 38 existing institutions, between the years 2018 and 2021, totaling 148 documents. Searching for key words on the topic, namely “consultancy”, “advisory”, “facilitation”, “advisory”, “advice”, it was possible to identify reports that did or did not contain any mention and, then, analyze the content of the reference. In addition to documentary research, the methodology of this work complements bibliographical research. The statistics also demonstrate a gradual adherence to the topic on the part of the internal audits of the Federal Institutes. Consulting actions are frequently seen relating to the implementation of risk management and the improvement of integrity in organizations, as well as the participation of auditors in working groups. Attention was drawn to the identification in the RAINTs of activities related to support in the preparation of the Management Report and administrative activities, in addition to clarifications on audit actions such as consultancy or assistance. The analysis also showed that some of the reported actions are close to the so-called co-management, and that some work described as consultancy indicates the carrying out of legality analysis, an activity that falls within the scope of the exclusive competence of the Attorney General's Office.

Urgency of Establishing Qanun on the Functional Duties of the High Prosecutor's Office in Aceh Province

The success and sustainability of the implementation of Islamic Shari'a in Aceh is not only the burden of local law enforcement agencies such as Wilayatul Hisbah, the Syar'iyah Court and the Islamic Shari'a Office, law enforcement agencies on a national scale are also involved such as the Indonesian National Police through the Aceh Regional Police and the Attorney General's Office in Aceh Province in charge of transferring Jinayat (Islamic criminal law) cases to the Syar'iyah Court. However, this task of the prosecutor's office is considered by the researcher to need improvement because the role of the prosecutor's office is responsible for the delegation of cases to 2 (two) different courts. Of course, this improvement is needed through Qanun which has legitimacy as a regional regulation in the Indonesian legal system. Based on this description, this research is a typology of normative (legal) research. The results and discussion in this study conclude: First, the area of Islamic shari'a law enforcement has a synchronization between Law Number 1 of 2021 concerning the Prosecutor's Office of the Republic of Indonesia with the Aceh Qanun in the enforcement of Islamic shari'a in Aceh. The presence of Islamic law enforcement agencies in Aceh does not mean that the task of enforcing Islamic law is only government agencies. Second, the Urgency of the establishment of Qanun Aceh Prosecutor's Functional Duty is a social condition that requires improvement in the enforcement of Islamic shari'a in Aceh

The Nature of the Role of the Prosecutor's Office in Preventing Corruption in Maluku Province

Objective: The aim is to emphasize the vital role of grassroots development, especially in villages, in bolstering the local economy and fueling national economic progress. This is supported by the third nawacita program, which prioritizes regional and village development within Indonesia's unitary state structure. Law Number 11 of 2021 clarifies prosecutorial functions, empowering the Attorney General to recover assets from criminal activities and allocate them appropriately. Theoretical framework: Law Number 11 of 2021 amends Indonesia's prosecutorial system, granting prosecutors autonomy and authority to recover assets from criminal activities. Concurrently, the management of village funds, governed by the Village Law, faces corruption challenges, prompting the Maluku High Prosecutor's Office to implement preventive measures like the CIA system. This study aims to evaluate the office's efforts in combating corruption in village funds, recognizing Indonesia's development starts at the grassroots to bolster the national economy. Method: Empirical sociological (field) research that examines the reality of law in society, focusing on the gap between expectations and reality in the legal field. Meanwhile, normative research examines norms, principles, theories and comparative law. The author combines these two types of research in this study, with a qualitative approach. Results and conclusion: Prosecutors in Maluku Province play a role in corruption prevention by carrying out a range of actions under the law, including investigation, prosecution and execution of court decisions. They also form government safeguarding teams, provide supervision, and implement programs such as Jaksa Masuk Desa. Prosecutors receive complaints from the public as part of their commitment to curbing corruption. Factors such as legal knowledge, legal awareness, community culture, and the substance of the law influence the AGO's role in corruption prevention efforts in Maluku. Originality/value: This research is expected to contribute thoughts and considerations for the Attorney General's Office, especially in the Maluku High Prosecutor's Office, regarding its role in preventing criminal acts of corruption in the management of village funds in Maluku Province.

Legal Policy of the Establishment of Deputy Attorney General for Military Affairs in the Structure of the Attorney General's Office of the Republic of Indonesia

Legal Policy of the Establishment of Deputy Attorney General for Military Affairs in the Structure of the Attorney General's Office of the Republic of Indonesia

PENEGAKAN HUKUM TERHADAP KASUS KORUPSI PT. TIMAH SEBAGAI BENTUK POTRET BURUK TATA KELOLA SEKTOR EKSTRAKTIF

Corruption is one of the social diseases that is the same as other types of crimes such as theft. The problem is that corruption is increasing along with the progress of prosperity and technology. As happened in the case of the tin corruption crime committed by Harvey Mois, where the nominal state loss was also not small, estimated at IDR 271 trillion. This research method uses a normative legal research type, a legal research method carried out by examining library materials or secondary data. This case is suspected to have occurred in the period 2015-2020. Harvey Mois has an important role in this case, namely as an intermediary for other perpetrators. In this case, he became a representative of PT Refined Bangka Tin (RBT) in a case with PT Timah regarding illegal mining activities in the IUP Persero area. The articles charged to the suspect are Article 2 paragraph (1) and Article 3 in conjunction with Article 18 of Law of the Republic of Indonesia Number 31 of 1999 as amended and supplemented by Law Number 20 of 2001 in conjunction with Law of the Republic of Indonesia Number 31 of 1999 concerning Amendments to Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) ke-1 of the Criminal Code. The 'mass' corruption case resulted in environmental losses of up to Rp 271,069,688,018,700 or Rp 271 trillion, and a total of 16 suspects have been detained by the Attorney General's Office.

State Responsibility and Legal Protection of Environmental Activists: Review of Decision Number 14/Pid.Sus/2024/Pn.Jpa

Decision Number 14/Pid.Sus/2024/PN Jpa, Panel of Judges at the Jepara District Court is one of the cases of many environmental activists who were deprived of the right to voice their opinions to protect the environment. This article examines the state's responsibility in protecting environmental activists in Indonesia based on the applicable legal framework, including Law Number 32 of 2009 concerning Environmental Protection and Management, as well as supporting regulations such as Attorney General's Guidelines No. 8 of 2022 and PERMA no. 1 of 2023. The main focus of the article is to understand the extent to which these regulations provide effective protection to environmental activists from unfair legal claims (Anti-SLAPP) and ensure they can carry out their rights and obligations in defending the environment without fear of intimidation or legal persecution. This research also explores the implications of the application of laws and regulations on law enforcement practices, especially in the context of protecting environmental activists.

Comentario a la sentencia del TJUE, Gran Sala, sentencia de 21 de diciembre de 2023

ASUNTO C-488/21 GV Chief Appeals Officer, Social Welfare Appeals Office, The Minister for Employment Affairs and Social Protection, Irlanda, The Attorney General

Reframing Prosecutorial Legitimacy: Embracing Restorative Justice in Criminal Case Discontinuation

This research aims to find out and understand the scope of the Prosecutor's office, especially in the field of prosecution in the criminal justice system, as explained in this journal, namely regarding regulations related to the authority of the Prosecutor in implementing the termination of prosecution for criminal cases based on the principle of restorative justice and regarding obstacles to the implementation of restorative principles. justice at the prosecution stage. This research was carried out using a statutory regulatory approach and a conceptual approach using library data, namely normative juridical, which was carried out by examining library materials or secondary materials that were collected and analyzed qualitatively. The authority of the Prosecutor's Office in implementing the Termination of Prosecution is strictly regulated in the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative justice and is supplemented by the Circular Letter of the Deputy Attorney General for General Crimes Number 01/E/EJP/02/2022 dated 10 February 2022 and in its implementation Restorative justice is considered capable of being a solution in resolving cases quickly with the main principle of prioritizing participation between victims, perpetrators and the community as well as restoration of a situation. Furthermore, in implementing the termination of prosecution of a case, it is not impossible that there are obstacles that must be faced by the Prosecutor as Public Prosecutor, especially in reconciling the interests of the victim and the perpetrator in achieving peace.

Juridical Analysis of the Role and Position of the Young Attorney General for Military Criminal Affairs in Connection Cases

The Prosecutor's Office of the Republic of Indonesia carries out state prosecutorial powers as regulated in Law Number 16 of 2004 which has been amended by Law Number 11 of 2021 concerning the Prosecutor's Office of the Republic of Indonesia (UU Prosecutor's Office). The Supreme Prosecutor's position is as the Highest Public Prosecutor (dominus litis). This is also reflected in the Elucidation of Article 57 paragraph (1) of Law Number 31 of 1997 concerning Military Justice which explains that the Prosecutor General in carrying out prosecutions within the military justice environment is responsible to the Attorney General as dominus litis. However, in practice, prosecutors often do not report the implementation of the prosecution of military criminal cases they handle to the Attorney General, so that unified implementation of the one-roof prosecution policy (one-roof system) has not been achieved. Reflecting on the various circumstances above, a Junior Attorney General for Military Crimes was formed in the organizational structure of the Attorney General's Office of the Republic of Indonesia. Based on this description, the formulation of the problem studied by the author is: 1) What is the role and position of the Deputy Attorney General for Military Crimes in connectivity cases? 2) What are the implications of the presence of the Deputy Attorney General for Military Crimes in connection cases? The research method used is normative juridical with descriptive research. The data collection technique used is document study as the main data. Based on the research results, it can be concluded that Attorney General for Military Crimes has the role of supporting the Attorney General in carrying out the duties and authority of the Prosecutor's Office in the field of technical coordination of prosecutions carried out by the judiciary and handling connection cases. The presence of Attorney General for Military Crimes has implications for efforts to eradicate issues of disparity and dualism in prosecution as well as striving for effectiveness, efficiency and transparency in the process of handling connectivity cases.

POTENSI DISFUNGSI KETENTUAN PIDANA TENTANG PENGHINAAN TERHADAP ORANG MATI MENGGUNAKAN TEKNOLOGI INFORMASI

The honor of deceased people is protected by the Indonesian Criminal Code so that if there is defamation against him, the perpetrator will be punished. However, if defamation is carried out using Information Technology, it is not necessarily punishable, because there are differences in the media used. The researchers concluded that article 27 (3) the Information and Electronic Transaction Act can be used to prosecute perpetrators, but it turns out there are multiple interpretations in the legal regulations and the contents of the Joint Decree (SKB) of the Chief of Indonesian Police, the Attorney General and the Minister of Communication and Information which have the potential to make this article dysfunctional. It is necessary to examine the existence of Article 27 (3) as a basis for investigating and prosecuting perpetrators of criminal acts of defamation of deceased people using Information Teccnology, and the normative weaknesses of the SKB editorial in number 3 letters a and g. The doctrinal research method with a statutory approach is used to examine these 2 problems. Legal materials in the form of Article 27 (3) and its explanation, SKB, and other legal materials were analysed using content analysis techniques. There is no conflict between the contents and the explanation of Article 27 (3), so that it can be used as a basis for investigating and prosecuting perpetrators of defamation of deceased people. The contents of the SKB have multiple interpretations, there is a conflict between the contents of the SKB and the Explanation of Article 27 (3) because in number 1 the SKB only refers to the provisions of Article 310 of the Indoensian Criminal Code, not to defamation as regulated by the Criminal Code. The existence of this SKB has the potential to cause dysfunction of Article 27 (3) which is now Article 27A of the Information and Electronic Transaction Act as the basis for processing criminal law against perpetrators of defamation of deceased people using Information Teccnology. There needs to be a change in the contents of the SKB or a material review of the SKB is needed at the Supreme Court so that it is easy to apply Article 27A. Keywords: dysfunction, crime, defamation, information technology, deceased people

Connectivity Case a Juridical Review of the Handling Process before and After the Establishment of the Attorney General in the Military Criminal Field

This Indonesia is a country with a large and diverse population, consisting of many islands and a multitude of cultures and customs. The people of this nation live and operate according to existing norms and regulations, coexisting within their midst, which upholds a high regard for a legal system governing societal order. This is why Indonesia can be referred to as a legal state (rechtsstaat), a notion further solidified by Article 1 paragraph (3) of the 1945 Constitution, which declares Indonesia as a legal state.There are four systems of justice in Indonesia: general courts, religious courts, military courts, and administrative courts. These systems stand independently, separate from one another, each with its own functions and absolute authority in carrying out its duties. Thus, each system possesses jurisdiction that cannot be interfered with by other judicial systems. However, despite Indonesia's respect for the law, there are also many Indonesians who violate and disregard the laws in place, acting arbitrarily and without adherence to regulations and existing laws. This is evidenced by the numerous cases that occur, with perpetrators not only being ordinary citizens but sometimes also engaging in criminal acts alongside military personnel, commonly known as the TNI or the Indonesian National Armed Forces. The fact that TNI members exist and live among the civilian population, with their special status, combined with the drive to improve their standard of living or economic motives, leads many of them to engage in criminal activities with civilians, whether as perpetrators, accomplices, or assistants. In several cases involving both TNI members and civilians, they encounter difficulties in their handling. In connection with the above, to enhance the effectiveness of handling connectivity cases (involving perpetrators from both the TNI and civilians), a special institution/organization was established within the Indonesian Attorney General's Office, namely the Deputy Attorney General for Military Crime Affairs.

Os Procuradores-Gerais do Ministério Público

Based on the historical look and the political sociology analytic tools, this text aims to discuss the establishment of rules for occupying the highest position in the hierarchy of the state Public Prosecutor’s Office: the position of Attorney General. By analyzing the trajectory of those who held this position from 1891 to after 1988, it was possible to understand the changes in the official and non-official rules regarding the morphological transformation of nominees. The study of 33 cases reveals the political and social tensions surrounding the Public Prosecutor’s Office’s high hierarchy until the 21st century

Private Equity-Backed Steward Healthcare Files for Bankruptcy

No abstract available. Article truncated after 150 words. Arizona Attorney General Kris Mayes (1) has launched an investigation into what led to Dallas-based Steward Health Care filing for Chapter 11 bankruptcy protection on May 6. The health system also recently shared that it is $9 billion in debt and has plans to sell all 31 of its hospitals, four of which are in Arizona and have a proposed auction date of June 28, according to a May 10 news release from Ms. Mayes (1). Steward relied on backing from private equity investors to quickly acquire dozens of community hospitals, including facilities in Massachusetts, Texas, Florida, and Arizona. Steward has been the focus of a year-and-a-half-long CBS News investigation revealing how private equity investors have siphoned hundreds of millions of dollars from community hospitals with devastating public health consequences (2). Records reviewed by CBS News showed Steward hospitals around the country left a trail of unpaid bills, at times …

The Concept of Restorative Justice in the Criminal Legal System: A Breakthrough in Legal Benefits

Historically, alternative efforts to resolve criminal cases have existed since the Dutch colonial era, even before Indonesia's independence. Currently, there are several forms of resolving criminal cases outside of court in force, namely diversion (transferring the resolution of children's cases from the criminal justice process to a process outside criminal justice in accordance with the Juvenile Criminal Justice System Law), Afkoop (as regulated in Article 82 of the Criminal Code), and Seponeren (dismissal of cases in the public interest by the Attorney General). The aim of this research is to analyze the concept of restorative justice in the criminal law system as a breakthrough in legal benefits. Approach The research method that can be used in this research is the empirical juridical approach. This approach combines a normative juridical approach with an empirical approach. Based on the analysis carried out, restorative justice can be applied in cases that cause financial loss or minor crimes. The principle of restorative justice in resolving criminal cases in Indonesia does not only depend on formal and material criminal law provisions but is also based on a broader concept of punishment. The model for implementing restorative justice in Indonesian criminal procedural law can be found through a criminal resolution mechanism that follows a legitimate legal problem resolution approach, which is reflected in the reform of the criminal justice system in Indonesia, which is based on an evaluation of the criminal justice system.

Ethic Code and Internal Audit Quality

Abstract Purpose - The research aims to test the influence of codes of ethics (competence, accountability, and professionalism) on the quality of audit results and to analyze the role of mediation in audit performance and the impact of the codes (competence, accounting, and professionalism) on the quality of auditing results. The attribution theory component is included in the proposed model. Design/methodology/approach - Data for this research is collected through survey methods, namely questionnaires. Research data and hypotheses are analyzed using a structural equation model (SEM), which is based on PLS. Respondents are 109 internal auditors at the Supreme Prosecutor's Office of the Republic of Indonesia. Findings - The results of this study show that competence, accountability, and professionalism have a positive and significant influence on the quality of the audit outcome. In addition, competency, accountant, and professional influence positively and significantly on the performance of the auditor. The auditor's performance has a positive and significant impact on the quality of the audit outcome. Audit performance as a mediation role in this research is fully mediated, which means that significantly independent variables (competence, accounting, and professional) are able to influence the dependent variable (quality of audit outcomes) without going through the mediation variable (auditor performance).Research limitations/implications – Improve and maintain the Code of Ethics (competence, accountability and professionalism) within the Internal Auditor environment at the Attorney General's Office of the Republic of Indonesia. Keywords: Internal Audit, Competence, Accountability, Professional Behavior, Auditor Performance, and Audit Quality

Regulation of Corporate Criminal Liability According To Law Number 1 Year 2023 On The Criminal Code

Corporation as a subject of criminal law that can be held criminally responsible is not known in the old Criminal Code. This is because the old Criminal Code is a legacy of the Dutch colonial government whose legal system adheres to the Continental European legal system (civil law). Countries that adhere to the civil law legal system are a little behind in terms of regulating corporations as subjects of criminal law, in contrast to countries that adhere to the common law legal system, which has regulated corporate liability and this has started since the industrial revolution. In Indonesia itself, the regulation on corporation as a subject of criminal law is regulated in the Law outside the Criminal Code. Meanwhile, the new Criminal Code has regulated corporations as legal subjects that can be held criminally liable. As regulated in Article 45 to Article 50, Article 56, and Articles 118 to 124 of Law No. 1 of 2023 on the Criminal Code. Although prior to the enactment of Law No. 1 of 2023 on the Criminal Code there was already Perma No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations and Regulation of the Attorney General of the Republic of Indonesia Number PER-28/A/JA/10/2014 concerning Guidelines for Handling Criminal Cases with Corporate Legal Subjects. Prior to the issuance of the regulation, the Attorney General's Office had first issued Circular Letter of the Attorney General of the Republic of Indonesia Number B-036/A/FT.1/06/2009 regarding Corporations as Suspects/Defendants in Corruption Crimes addressed to the Head of High Prosecutors throughout Indonesia. Thus, Corporations as a subject of criminal law can already be held criminally liable with the strength and legal certainty stipulated in the New Criminal Code.