Corruption Court Research Articles

Harmonization of the Authority to Investigate Indonesian National Army Personnel Who Commit Corruption

This study aims to analyze the legal implications of disharmony of authority between the Corruption Eradication Commission (KPK) and the Indonesian National Army Military Police Center (Puspom TNI) in investigating corruption perpetrators from military personnel as well as the ideal formulation in the investigation of corruption cases from the perspective of the principle of equality before the law in the future. This research is normative juridical research that uses both the statutory and conceptual approaches. This study concludes two things. First, the resolution of the disharmony of authority between the KPK and Puspom TNI in the 2002 KPK Law, the Military Justice Law, and the TNI Law is that the legislators harmonize the regulatory material, submit a request for judicial review of the law in the Mahkamah Konstitusi, and apply the principle of lex specialis derogat legi generalis. Second, the ideal formulation for the future is to revise the Military Justice Law and the TNI Law, which specifically regulates TNI soldiers who commit military crimes only. If a soldier commits a corruption crime, the Corruption Court will resolve the case without distinguishing the perpetrator's military or civilian status.

The Application of Criminal Law in Addressing Corruption Crimes: Strategies and Challenges

Corruption poses a substantial challenge for Indonesia, affecting community life, national development, and state functioning. It leads to significant financial losses and economic repercussions for both perpetrators and the nation. To combat this issue, it's essential to harmonize legislation, enhance international cooperation, and develop an integrated approach to law enforcement while encouraging active community participation. Addressing corruption requires improvements in education, training, and the instillation of moral values. This research aims to understand the characteristics of normative legal knowledge and to explore legal regulations and their principles using a normative juridical approach, relying on secondary data analysis. Active prevention of corruption and a proactive role for corruption courts are crucial. Key findings suggest the need for rigorous law enforcement, the abolition of gratuities, increased transparency, and enhanced public ethics. Collaboration among the government, law enforcement, and the community is vital to effectively tackle corruption. Fair law enforcement and legal certainty must be ensured to build a collective conviction among stakeholders. A multifaceted approach is necessary for effective corruption eradication, including system improvements, educational campaigns, and repressive actions. Sustained efforts can minimize corruption's negative impacts, foster public trust, attract investors, and uphold national dignity while deterring corrupt activities. Furthermore, maximizing the recovery of state funds lost to corruption is essential for the nation’s integrity and development.

Reconstruction of the Termination of Prosecution of Corruption Offences Public Prosecutor's Discretion

Corruption cases that result in small state financial losses continue to end up in the Corruption Court without alternative solutions that are faster, simpler and cheaper, even though the Corruption Court is located in the provincial capital and the corruption trial process requires a lot of money. So that it is not commensurate between the costs of law enforcement incurred with the state financial losses incurred due to corruption. The method of this research approach is juridical sociological because the problems studied concern the relationship between juridical factors and sociological factors. The urgency of discontinuing the prosecution of corruption crimes with small state financial losses is that the prosecution of corruption crimes with small state financial losses is inefficient and the Discontinuation of Prosecution of corruption crimes with small state financial losses does not have a legal umbrella This is because there are weaknesses in legal substance, legal structure and legal culture. The reconstruction model for the termination of prosecution of corruption crimes with small state financial losses based on Prosecutorial Discretion by the Public Prosecutor in a Progressive Legal Perspective is the Reconstruction of Legal Substance, namely adding Prosecutorial Discretion by the Public Prosecutor as a manifestation of the Dominus Litis Principle can stop the prosecution of corruption crimes with small state financial losses where this has not been regulated in Article 140 paragraph (2) of the Criminal Procedure Code, Reconstruction of legal structure, namely the delegation of authority from the Attorney General of the Republic of Indonesia to the Head of the High Prosecutor's Office as the controller of the termination of prosecution of corruption crimes with small state financial losses, Reconstruction of legal culture, namely changing the patterns of thought of public prosecutors from positivistic to progressive in exercising their authority. The recommendations in this study encourage the reform of the Criminal Procedure Code (KUHAP) related to the authority to discontinue prosecution by the Public Prosecutor and the need to make a regulation of the Attorney General related to the Discontinuation of Prosecution based on the Discretion of the Public Prosecutor.

Analysis Of The State Financial Losses To Subsidiaries Of State-Owned Enterprises In Terms Of Business Judgment Rules

The recovery of financial losses suffered by subsidiaries should prioritize recovery efforts that have a non-punitive nature or without punishing a certain person who is considered responsible for the management of BUMN subsidiaries unless there is intentional unlawful conduct and there are elements of criminal acts in it. In accordance with the principle of business judgment rule, the directors can be exempted, because the directors are considered to have made business decisions in accordance with good faith. In this research, the author uses a descriptive analytical research method, because the author will describe or provide an overview of the object under study through the data collected. The form of research used in this writing is normative legal research, because this research uses legislation and court decisions and also legal norms that exist in society. Researchers also collect data in the form of decisions from the corruption court on corruption cases that harm state finances. Losses arising in subsidiaries of SOEs whose capital is not sourced from the state budget or is not equity participation of SOEs and does not receive or use state facilities, are not included in the State's losses. the role of the business judgment rule if the person commits acts of criminal acts of corruption not due to encouragement or coercion and/or business decisions that are not based on prudence from the directors, the directors will be free from legal liability.

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.

Protection Threat Risk of Job Loss Justice Collaborator

Corruption is a criminal act classified as White-Collar Crime, which can only be committed by people who have inherent authority because of their position or power in an organization and/or in a government system. The research method was carried out using an analytical approach, namely knowing the meaning contained in the terms used in the laws and regulations related to Justice Collaborator, as well as knowing their application in practice, which is also closely related to the systematic review aspect of the relevant laws and regulations, by conducting technical studies. The second approach taken is the statutory regulations approach considering that this research will examine various statutory regulations related to Justice Collaborator. The respondents in this research are law lecturers, law faculty deans, criminal law lecturers, prosecutors, judges, lawyers, and students and related institutions. The results of research on justice collaborators related to Law No. 13 of 2006 which has been changed to Law No. 31 of 2014 concerning Witness and Victim Protection (W&V Protection), apparently do not protect against the risk of losing their job for Justice Collaborators. The results of the research are very useful for the regulation and implementation of justice collaborators in disclosing criminal acts of corruption, namely that justice collaborators are very important and needed in disclosing criminal acts of corruption. The Corruption Court can uncover criminal acts of corruption quickly and precisely which will have an impact on saving costs, time, energy, and thought. Still, the existence of a justice collaborator cannot be sovereign because it will result in dependence on law enforcement officials. in uncovering criminal acts of corruption with the information provided. The knowledge of law enforcers must also be increased, especially in the cybercrime field, so it is hoped that there will be ideal regulation and implementation in Indonesia.

Legal Considerations Judex Factie Acquittal and Guilty Judgments by Judex Juris

The corruption case involving the former North Konawe regent, Aswad Sulaiman, was acquitted by the Kendari Corruption Court in 2017, according to decision Number 56/Pid.Sus-TPK/2016/PN.Kdi. While the Supreme Court Cassation decision number 1964 K/PID.SUS/2017 decided that Defendant Aswad Sulaiman was proven legally and convincingly guilty of committing a crime by jointly committing an ongoing criminal act of corruption, imposing a prison sentence of 6 years and an IDR 200 million fine. If not paid, it will be replaced with imprisonment for 6 months, punished for producing a compensation of IDR 3,310,639,545 (three billion three hundred ten million six hundred thirty-nine thousand five hundred and forty-five rupiah). This study focuses on the legal ratio of the panel of judges in imposing an acquittal in the corruption case Number 56/Pid.Sus-TPK/2016/PN.Kdi and decision number 1964 K/PID.SUS/2017. This study used normative legal research with a statutory approach and a case approach, Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which was last amended by Law Number 20 of 2001. The results are that the recovery of state financial losses must be investigated as the starting point that the defendant has committed corruption by not releasing him from criminal responsibility but only as a basis for mitigating considerations for the defendant. The judges deciding this case have at least gone through 3 stages: constating, qualifying, and constituting.

CURATOR'S LEGAL EFFORTS AGAINST BANKRUPTCY ESTATE (BOEDEL) ASSETS SEIZED IN CRIMINAL CONFISCATION OF CORRUPTION CASES

This paper aims to analyze the legal aspects of the general seizure and criminal seizure in Indonesian positive law, as well as to understand the legal efforts of the curator towards the assets of bankrupt estates placed under criminal seizure for corruption and economic crimes. The method used in writing this article is the normative legal research method, which starts from the normative problem of conflict of norms, and the results of this journal article are to determine the position of general seizure and criminal seizure based on the principle of legal preference, namely the principle of lex superior derogat legi inferiori, lex posterior derogate legi priori, and lex specialis derogate legi generalis, and the legal efforts that can be taken by the curator when the assets of bankrupt estates are placed under criminal seizure is by filing an objection to the Corruption Court and by filing a pretrial against the seizure actions carried out by the corruption investigators. The legal status of general attachment and criminal attachment can be determined by the principles of legal preference, including lex superior derogat legi inferiori, lex posterior derogate legi priori, and lex specialis derogate legi generalis. In most cases, general attachment takes priority over criminal attachment, except in cases of corruption (tipikor). In such cases, neither general nor criminal attachment can take precedence over the other. If criminal attachment is imposed on a bankrupt estate, the Curator can file an objection with the Corruption Court within two months of the court decision.

The Existence of Criminal Fine and Payment of Replacement Money in Enforcing Corruption Criminal Laws in the Corruption Court in Kupang, Indonesia

Objectives: The primary objectives of this research are to identify and address the factors hindering the effective implementation of criminal fines and compensation payments in the context of combating corruption. Specifically, the research aims to identify obstacles to the enforcement of criminal fines and compensation payments in combating corruption, optimize criminal sanctions related to fines and compensation payments to contribute to the restitution of state finances, and propose a more balanced approach to punishment, particularly concerning fines with subsidiary imprisonment and compensation payments in the fight against corruption.
 
 Methods: The research employs both normative legal research methods and empirical legal research. The data sources and legal materials form the basis for descriptive juridical analysis within the jurisdiction of the NTT High Prosecutor's Office.
 
 Results: The research findings reveal several significant issues hindering the effective enforcement of criminal fines and compensation payments in corruption cases. Key results include defendants/convicts of corruption often opt for alternative penalties rather than paying fines or compensation, leading to related problems. Challenges surrounding the payment of compensation include unclear purposes, complexity in calculation, dualism in imposing the crime, misinterpretation of substitute prison sentences, disparities in sentence lengths, and suboptimal confiscation policies. Despite facultative punishment patterns, there are persistent arrears in criminal fines and compensation payments, amounting to significant sums, indicating ineffective implementation.
 
 Conclusion: The system of criminal penalties for fines and compensation payments outlined in corruption laws has not been effectively implemented. To address this, it is imperative for convicts to actively engage in repayment efforts throughout the law enforcement process. Additionally, reforms are needed to streamline procedures, clarify purposes, and ensure consistency in the imposition and execution of penalties, ultimately enhancing the efficacy of anti-corruption measures.

Acquittal in corruption crime case at the Palangkaraya corruption court

Before a decision is handed down, the judge's considerations must be truly convincing according to the law because if the judge does not have confidence or has doubts in deciding the case, then the judge is obliged to acquit the defendant. However, if the judge makes a mistake in handing down an acquittal or acquitting a guilty person, then the judge will be faced with juridical responsibility for having made a mistake in applying the law. One of the acquittal decisions handed down by the Panel of Judges in a criminal corruption case is the Decision of the Corruption Crime Court at the Palangka Raya District Court Number 20/Pid.Sus-TPK/2021/PN.Plk. The type of research used is empirical legal research or field research, namely research carried out on actual or real conditions using primary data in the form of interviews and document studies. The research results show that the judge's consideration of acquittal decisions in corruption cases based on the Corruption Crime Court Decision at the Palangka Raya District Court Number 20/Pid.Sus-TPK/2021/PN.Plk can be categorized as the correct court decision. The judge's consideration of the acquittal in the Corruption Crime Court Decision at the Palangka Raya District Court Number 20/Pid.Sus-TPK/2021/PN.Plk reflects appropriate principles of justice because it emphasizes the importance of a fair process in determining court decisions.

Dissenting Opinion of Corruption Court Judges as a Form of Freedom and Legal Reform in Indonesia

The existence of dissenting opinions is a step in organizing law enforcement. This is also an important issue in organizing judicial power in relation to the 1945 Constitution and Law No. 48/2009 on Judicial Power. In Indonesia itself, judges are allowed to give dissenting opinions, although there has never been a clear definition of dissenting opinions. In Anglo-Saxon law, dissenting opinions have become commonplace, and these dissenting opinions often form new laws. This is in line with the term "judge made law". Therefore, the existence of dissenting opinion is very important, because it can continue to update the existing law.This research includes normative or doctrinal legal analysis because it wants an accurate and clear picture of the judge's dissenting opinion on the verdict of a corruption case. To explain and find answers to problems, theories are used as the basis for analysis, namely Legal Certainty Theory, Judicial Power Theory, Evidence Theory, Legal Construction Theory, and Sentencing Theory.The impact of the application of dissenting opinions by judges is an instrument towards a better quality of law enforcement, not just a matter of majority and minority in the consideration of judges but a consideration of whether or not a criminal offense has been proven. Therefore, further regulation of the conception of dissenting opinions in Indonesia is important. Legal reform of the Criminal Procedure Code in Indonesia and dissenting opinions must be regulated in the Criminal Procedure Code, precisely in the decree article 197, so that it becomes part of the consideration of a decision. The mechanism for entering dissenting opinions needs to be further regulated so that it becomes a form of transparency to the public.

Pemberantasan Tindak Pidana Korupsi di Indonesia: Masalah dan Solusinya

In Indonesia, corruption is a big problem that endangers many aspects of national, state and social life. Corruption has harmed the internal and external environment of the perpetrators and resulted in material losses. Harmonious laws, international cooperation, integrated law enforcement, and active community participation are needed to resolve this problem. Apart from that, challenges in eradicating corruption must be overcome, such as by increasing training and education and implementing moral values. The aim of this research is to understand the characteristics of normative legal knowledge, understand, explain and apply legal regulations and the principles that guide them. The method used is a normative juridical approach, namely a type of legal research carried out by analyzing secondary data or raw materials. Corrupt practices must be actively avoided, and corruption courts must play a proactive role in eradicating corruption. The results of this research are firm law enforcement, eradicating gratification, increasing transparency and accountability, as well as increasing public legal and ethical awareness. Cooperation is needed from various parties, including the government, law enforcement agencies and the community, to jointly overcome this corruption problem. It is hoped that with extensive efforts, the negative impacts of corruption can be reduced and a transparent and clean government can be created.

Global Philosophy of Music

Neo-Taoists in third-century China believed that music should not be too emotive, as this resulted in an imbalance that disrupted the natural human state. This perspective is congruent with the older Taoist tenet that one should relinquish socially constructed desires in order to follow the Tao or “pathway.” The epitome of Neo-Taoist music aesthetics can be found in philosopher and guqin player Ji Kang’s thesis that Music Has in It Neither Sorrow Nor Joy. According to Ji, music itself is harmonious and qi-preserving, whereas listener emotions deplete one’s vitality or qi. Despite many scholars drawing parallels between Ji’s and Hanslick’s aesthetics, these similarities are superficial in nature and obscure a fundamental divergence. In this paper, I argue that whereas Hanslick’s theory reflects the “apolitical” positivism of mid-century Austria, Ji’s thesis of “pure” music connotes his political retreat from a corrupt court he despised. Recent research in Wilfing 2018 shows how Austrian positivism was a clinical ideology intended to be the opposite of the fiery revolutionary ideals thought to be championed by Enlightenment philosophers. Seemingly in parallel, and as part of a larger move to renounce socially constructed desires (e.g., for wealth and fame) and mores, Ji Kang turned towards a musical metaphysics of cosmic harmony that connotes his resistance against assimilation to an unjust social order. The political connotations of Ji Kang’s metaphysics suggest we pause in considering contemporary European and North American musicological discourses that are well-intentioned but are often inappropriately universalized within their own contexts, not to mention other geographies. Upon recognizing that even metaphysics can have a social dimension, we might perhaps begin to dismantle neo-Kantian ethical universality.

The correlation between state capture, grand corruption, petty corruption, and investment in Indonesia

This study aims to find the correlations between various types of corruption, namely state cap-ture, grand corruption, and petty corruption, with foreign direct investment and domestic investment in Indonesia. Using ordinary least squares method, this study analyzes data on corruption court decisions that occurred in 509 regencies from 2015 to 2019. The results reveal that, whilst domestic investment shows clear and significant correlation only with grand corruption, the foreign direct investment has definite and significant correlations with both grand and petty corruption. In addition, grand corruption has a stronger correlation with investment, especially with the foreign direct investment, in comparison to petty corrup-tion. The state capture corruption, on the other hand, shows no significant correlation to either foreign direct investment or domestic investment. These results highlight that the high level of investment in Indonesia is accompanied by an increase in the number of corruptions, especially large-scale corruption such as grand corruption.

Penjatuhan Pidana Mati Terhadap Pelaku Tindak Pidana Korupsi Dimasa Pandemi Covid-19

Introduction: : Amid the conditions or circumstances of the outbreak of the corona virus disease covid 2019 (covid-19) in Indonesia, it turns out that there are still crimes of corruption committed during this pandemic. Acts of corruption that no longer look at the condition of the country in a state of health emergency. In the provisions of Article 2 paragraph (2) of the corruption law it is stated that in cases of corruption committed under certain circumstances, death penalty can be imposed so that the issue raised for analysis is whether the condition of the Covid-19 pandemic can be used as an excuse for certain circumstances according to law corruption.
 Purposes of the Research: The purpose of this study is to analyze and discuss the conditions of the Covid-19 pandemic which can be used as reasons for certain circumstances according to the corruption law. death can be applied in criminal acts of corruption during the Covid-19 pandemic.
 Methods of the Research: The research used in this paper is juridical-normative, namely identifying legal issues that develop in society, studying law applications in society, or studying positive legal provisions and legal principles and doctrines to clarify research results.
 Results of the Research: In the midst of the conditions or circumstances of the outbreak of the Covid-19 virus in Indonesia, it turns out that there are still crimes of corruption committed during this pandemic. Acts of corruption that no longer look at the condition or state of the country in non-natural disaster situations. Several corruption cases that occurred during the Covid-19 pandemic are raised in this paper. Ironically, corruption can occur in social assistance funds intended for handling Covid-19, which was carried out by former social minister Juliari Batubara with a total corruption fund of 32 billion rupiah and was sentenced to 12 years in prison by the Jakarta Corruption Court.

Efektivitas Kejaksaan Dalam Penanganan Perkara Tindak Pidana Korupsi di Maluku Sebagai Wilayah Kepulauan

Introduction: Based on the Prosecutor's Law number 16 of 2004, especially in Article 30 paragraph 1 letter d it states "in the criminal field the Prosecutor's Office has the duty and authority to conduct investigations into Certain Criminal Laws”. From this it is known that one particular case is a criminal act of corruption. Moreover, taking into account that Maluku is an archipelago, of course there are problems in implementation, which of course are experienced by every District Attorney's Office.
 Purposes of the Research: This study aims to find out how the effectiveness of handling corruption cases in Maluku as an archipelago.
 Methods of the Research: This paper uses empirical juridical research methods. The researchers used a case approach (case approach).
 Results of the Research: The results of this study shows that the Prosecutor's Office in the Maluku region has not been effective in handling Corruption Crime Cases in the archipelago area because law enforcement and legal justice of the prosecutor's office in the Maluku region which are contained in regulations do not accommodate case handling in the archipelago area, this has an impact on non-compliance with the principle of speedy justice and low cost. Because the central trial for Corruption Crimes must be held in the provincial capital, so this is quite burdensome for each Prosecutor's Office. As for the obstacles to carrying out the effectiveness of legal handling, the authors found that there were six (6) factors, namely budget limitations, difficulty accessing from one island to another, internet network in the archipelago, no regulations governing the handling of corruption in the archipelago, difficulties confiscating goods, and the Corruption Court located in Ambon City.

Application of Criminal Procedures to Perpetrators of Corruption Crimes Based on Perma No. 1 of 2020 concerning Sentencing Guidelines Article 2 Article 3 of the Corruption Eradication Law

The Jambi Corruption Crime Court (Tipikor) in handing down crimes is more dominant in applying Article 3 compared to Article 2 against perpetrators who cause harm to state finances and handing down decisions in the light category, namely an average of 1 year and 11 months. Regarding this issue, the aim of the research is to carry out an analysis of the judge's decision in relation to the implementation of Perma No. 1 of 2020 concerning Sentencing Guidelines for Article 2 and Article 3 of the Corruption Law. By conducting a study of the Jambi Corruption Court's decision, the judge's decision will be evaluated in the light, medium and heavy categories, so that a clear picture of the judge's rationale in implementing PERMA No.1 of 2020 is obtained. The type of research is normative juridical, namely examining materials law, both primary, secondary and tertiary legal materials. The approach is to use a statutory approach and a case approach by analyzing cases related to the legal issues discussed. From the results of the research on the Jambi District Court's decision 1) The decision handed down by the Judge regarding the implementation of PERMA Number 1 of 2020 has not been used as a guideline in handing down the decision. This can be assessed from the verdict handed down by the judge. The length of the prison sentence imposed is not in accordance with the categories as formulated, namely the categories of state losses are the most severe, heavy, medium, light and lightest, where in each category there is a classification, namely the range of prison sentences imposed is adjusted to that category. 2) The aim of punishment in corruption cases is to recover state losses, but in the imposition of a substitute sentence imposed by the judge the aim of the sentence has not been realized, because in PERMA there is no regulation regarding guidelines for imposing additional punishment as replacement money.

Tackling Corruption in Foreign Investment: Insights from Investment Arbitration Cases

AbstractOver the last ten years, international investment tribunals have imported anti-corruption principles into the bilateral investment treaties (“BIT”) regime through the use of the doctrine of “unclean hands” and the requirement of “legality of the investment.” These principles have been invoked as a “trump card” defense by responding parties. In light of the rising case laws, the Article focuses on the success of the “trump card” defense of corruption invoked by host States. The Article makes several important findings. First, it shows that tribunals use the standard of a reasonable level of certainty to establish corruption – a standard below the “beyond reasonable doubt” standard employed in domestic criminal courts. At the same time, tribunals have discouraged mere insinuations of corruption without evidence. The Article also explains that this “trump card” defense is rarely successful owing to the minimal evidence offered by States in making allegations of corruption. Further, such a defense might place the entire burden of proof in rebutting corruption allegations on the investor even though the host State may have been complicit in the act. Fundamentally, the Article demonstrates that investment tribunals have not been able to effectively engage with corruption claims, due to the lack of enforceability of both the OECD Convention and the United Nations Convention against Corruption. However, this has not stopped the increasing use of the “trump card” defense. A separate mechanism such as introducing a corruption court could be a better alternative to deal with such claims.

Legal Reconstruction of Corruption Crime As A Result of the Abuse of Authority Based on the Pancasila Justice Value

The aim of the research is to examine and analyze the weaknesses of regulations regarding corruption crime as a result of the abuse of authority, and how to reconstruct the regulations based on justice value. This research was conducted using socio-juridical research which is a legal research method that functions to see the law in its real sense and examines how the law works in a society that is analytically descriptive using primary and secondary data and using the theory of pancasila justice as a grand theory. The research result shows that the Weakness is in the issue of light sentences for defendants in corruption cases has more or less had an effect on efforts to reduce corruption rates. It is impossible for the government and law enforcement officials to try to reduce the number of corruption cases if, on the other hand, these efforts are countered by light sentences from the Corruption Court and then There is a disparity in decisions in cases of corruption in Article 2 paragraph (1) and Article 3 of the PTPK Law not to mention the Corruption in Indonesia is very widespread and has penetrated all levels of society, a crime that has been deeply-rooted and systemic in the life of the nation and has a very detrimental impact on all aspects of life and Its development continues to increase from time to time. Therefore, a legal Reconstruction is needed in Article 3 of the Corruption Crime Law, by adding a minimum prison sentence of 5 years so that it reads to: "sentenced to life imprisonment or imprisonment for a minimum of 5 (five) years and a maximum of 20 twenty years". and added the revocation of political rights for 5 years against corruptors as an action that should be supported in order to provide a deterrent effect in eradicating corruption amid the low verdict on corruption cases.

Efforts to Prevent Acts of Abuse Authority That Result in Harm State Finances Using the Government’s Internal Supervision Apparatus

Law enforcers are trapped in the legal mechanism along with the punishment criteria determined by the legislators, for that reason our positive law has been regulated which is far from and contrary to the objective of a just law. The presence of excessive criminalization/criminalization with various kinds and types of negative law enforcement behavior in determining the criminal process, makes criminalization ultimately have a negative meaning and has the potential to hinder the development process. The research method used in this research is normative legal research with a statutory approach and a conceptual approach to the abuse of authority by internal government apparatus which is detrimental to state finances. The results of this study indicate that the assessment of the Government's Internal Supervisory Apparatus on administrative errors that cause state losses needs to be revised again. Because the assessment of the Government Internal Supervisory Apparatus will be followed up at the State Administrative Court. This is very risky because it is related to the element of causing harm to state finances, in fact it is the authority of the Corruption Court to decide it.