Corruption Court Research Articles

THE DISTINCTION LAW OF PROCEDURE OF CORRUPTION CASE AND THE GENERAL COURT IN INDONESIAN CRIMINAL JUSTICE SYSTEM

The Corruption Crime Court which based on Article 5 of the corruption Court Law has the authority to examine, adjudicate and decide on the corruption crime cases, money laundering crimes that was initiated by corruption crime and criminal acts that are expressly stipulated in other laws that considered as corruption act. The existence of sovereignty possessed by the State gives rise to jurisdiction (the authority to judge) in regulating the needs of the state both internally and externally. As a sovereign country, Indonesia has jurisdiction in resolving internal and external problems. There are three questions of the research; 1) What is the procedural law of the General Court in the Indonesian criminal justice system? 2) What is the procedural law of the Corruption Crime Court in the Indonesian criminal justice system?, 3) What is the difference between the procedural law of the Corruption Crime Court compared to the law of the General Court in the Indonesian criminal justice system ?.This research is hoped that the procedural laws used in the General Courts and the Corruption Crime Courts will be known, as well as the differences in the procedural laws used in the two Courts. This research is descriptive, using a normative juridical approach, especially the legal approach, used are secondary data as the main legal material in the form of laws relating to the procedural law of general courts and Corruption Crime courts. and qualitative analisis. Based on the research, it was found that differences in the procedural law of Corruption Crime courts compared to general court procedural law in the Indonesian criminal justice system were seen in the independence of the Corruption Crime court institutions and the material that became the authority and the judicial process with the composition and members of the Panel of Judges consisting of career judges and ad hoc judges. division of duties for the presiding judge and its members, the period of time for the examination of the Corruption Crime and the evidence used, as well as their secret registrations which are also special in nature.

Analysis of The Implementation of The Equality Before the Law Principles Against the Perperators of Corruption in the Jurisdiction of the Criminal Court of Corruption at the Surabaya State Court of the Decision Number 119/Pid.Sus.TPK/2018/PN.Sby

Corruption that still occurs a lot in Indonesia from year to year, even though it is shown in the perception index that has increased from year to year for the better, is still in a harmful situation for the country. At this time can observe, see and feel that law enforcement is in a position that is can not be trusted. The public questioned the performance of law enforcement officials in eradicating corruption, the spread of judicial mafia, violations of the law in assessing the APBN and APBD among bureaucracy. In 2018 the public was dumbfounded by the mass corruption committed by 41 members of the Malang City DPRD (Regional People's Representative Assembly) during 2018. Malang City is considered the ‘general champion' in the corruption category in the number of suspects. 6 of them have been tried at the Corruption Court at the Surabaya District Court and have been decided by the Panel of Judges as in Decision Number 119/Pid.Sus.TPK/2018/PN.Sby with different sentences. How is the application of the principle of equality before the law against perpetrators of Corruption in the jurisdiction of the corruption court at the Surabaya District Court against the Decision Number 119/Pid.Sus.TPK/2018/PN.Sby? The research method used is the normative legal research method. The results of the research show that the judicial process in handling corruption crimes is in accordance with the rules regarding the types of punishment in the Corruption Crime Court and meets the principle of equality before the law.
 Keywords: corruption; equality before the law; Malang

LEGAL IMPLICATIONS OF REGULATORY PROVISIONS ARTICLE 10 VERSE (5) LAW NO. 46 OF 2009 CONCERNING THE CORRUPTION CRIMINAL COURT

The corruption criminal court is an institution that is given the authority to examine and decide corruption cases. The purpose of this study was to determine the juridical implications of the principle of the independence of the judicial power. This study uses a normative approach with quantitative analysis. The existence of a corruption court established on judicial power states that a special court can only be formed by a separate law. Then the corruption court is an institution that has the authority to examine and decide corruption cases. In its implementation, the composition of judges in the corruption court is divided into two, namely career judges and ad hoc judges. In its implementation, there are several things in the legislation that are contrary to the principle of independence of judicial power and violate the principle of freedom of judicial power, especially for ad hoc judges in the criminal court of corruption.

Sub-Theme: Agile Bureaucracy and Dynamic Governance Critical Analysis on The Effectiveness of Bandung Corruption Court

This study seeks to understand the extent to which the Bandung Corruption Court (Bandung Tipikor Court) has accomplished the authority's enforcement. This research's scope includes two crucial aspects: (a) the capacity of resources to sustain the existence of Bandung Tipikor Court, and (b) Supervision and control over Bandung Tipikor Court by various judicial institutions. The method used in this analysis is a systematic literature review. The collected data are secondary data from a compilation of various literary works related to this paper and the results of observations on Bandung's Tipikor Court. The data obtained were then analyzed qualitatively by assessing the findings' accuracy and strength from various studies and comparing the results from those studies. This study's findings show that the Bandung Tipikor Court has not achieved the optimum standard for the enforcement of its authority since the funding for services and oversight and control is not adequate to enable the application of the authority held by the Bandung Tipikor Court.

Peradilan Tindak Pidana Korupsi Bagi Anggota Militer

Abstrak—Militer adalah orang yang dididik, dilatih dan dipersiapkan untuk bertempur.Warga Negara Indonesia yang dilantik menjadi Militer dalam melaksanakan tugasnya selain taat kepada nilai pancasila, sapta marga dan sumpah prajurit dituntut untuk selalu taat dan patuh pada semua peraturan-peraturan perundangan yang berlaku khusus bagi Anggota Militer.Anggota Militer yang terbukti melakukan pelanggaran hukum termasuk tindak pidana korupsi harus ditindak sesuai ketentuan hukum yang berlaku.Adapun rumusan masalah (1)Bagaimanakah pemeriksaan Tindak Pidana Korupsi yang dilakukan oleh Anggota Militer? (2)Bagaimanakah kewenangan mengadili Tindak Pidana Korupsi terhadap Anggota Militer? Penelitian ini mempergunakan metode normatif, pendekatan secara perundang-undangan, pendekatan konseptual, bahan hukum primer, bahan hukum sekunder, bahan hukum tersier, studi dokumen, studi kepustakaan, studi internet serta analisis interpretasi hukum dan analisis deskriptif.Proses pemeriksaan pada pengadilan militer sebenarnya sama dengan peradilan umum, tetapi sebutan untuk penyidik dan penuntut umumnya berbeda.Dalammenemukan peradilan mana yang digunakan untuk menangani perkara koneksitas, dapat diliat dari kerugian yang diakibatkan dari perbuatan pidana tersebut.Hakim dalam menjatuhkan hukuman kepada anggota militer yang melakukan tindak pidana korupsi harus sama dengan pelaku pada pengadilan tindak pidana korupsi.

Protecting the Third Party-Owned Evidence in Corruption Cases: Analysis of Case at the Prosecution Stage

The research aims to analyze and find out the legal protection of third party-owned evidence in corruption cases at the prosecution stage. This research is descriptive with normative-juridical type. The approaches used were statutory, conceptual, and case approaches by using deductive and inductive reasoning. The results show that the presence of a third party in the prosecution trial can cut time in providing legal certainty regarding the legal status of the object claimed by the third party which is the object of confiscation. This provision eliminates pretrial attempts and challenges ( derden verstek ) against the confiscation of objects of confiscation. The legal status of the object of confiscation which is claimed by a third party is completed in one trial, the prosecution trial; the second is efficiency of case handling for proving the validity of the object of confiscation of evidence belonging to a third party occurs in just one prosecution hearing, there is no pretrial effort and resistance to objections after the decision. The third is avoid disparity in decisions. Separating the evidentiary process in the corruption court with the pretrial and civil proceedings (resistance from third parties or defendants) can result in disparities in decisions that confuse justice seekers. The fourth is avoid the practice of corruption. The process of proving the object of confiscation in one agenda of the prosecution session minimizes the chance of corruption (bribery) because the evidence trial focuses on the prosecution trial only. Keywords: Attorney; Corruption; Third Party-Owned Evidence; Prosecutor DOI: 10.7176/JLPG/102-10 Publication date: October 31 st 2020

Position of Victims in Corruption Crime at the Medan Corruption Court

A victim is someone individually or jointly suffering from loss, including physical or mental injury, emotional suffering, economic loss or damage to his basic rights, which is caused by the actions of other parties who violate criminal law in a country, whether intentionally or because of negligence. So far, in handling corruption cases, the perpetrators and the law have always been highlighted, while victims are rarely paid attention. Legal protection for victims in criminal acts of corruption needs to be considered because the rights of victims who have good intentions are still being harmed. So it is necessary to discuss the position of the victim in a corruption case and the rights and obligations of the victim in a corruption case at the Medan Corruption Court. Thus, although the position of the victim in a criminal act of corruption based on the criminal justice system is still very weak, the victim has the right to apply for restitution or compensation if their social and economic rights are harmed by the occurrence of a criminal act of corruption

Analisis Putusan Hakim Pengadilan Tindak Pidana Korupsi Denpasar (Putusan No : 42/Pid.Sus-TPK/2015/PN Dps)

The aim and purpose of this research is to analyze “the abuse of authority in official travel orders that have implications for corruption.” The legal issues arising out of this research comprises: What is the Legal Basis of Denpasar Corruption Court Judges in taking into consideration and imposing criminal sanctions under Decision No. 42/Pid.Sus-TPK/2015/PN Dps, and What is the Juridical Analysis toward the Decision No. 42/Pid.Sus-TPK/2015/PN Dps issued by Denpasar Corruption Court Judges. This research is a normative legal research adopting a number of approaches i.e. Statute Approach, Conceptual Approach, and Case Approach. Based on this research’s output may conclude that: 1) Crime/Corruption Offense is a crime specifically governed by Law No. 20 of 2001 of which law was enacted as an amendment to previous Law No. 31 of 1999 that also govern Eradication of Crime or Corruption; 2) By virtue of Decision No. 42/Pid.Sus-TPK/2015/Pengadilan Negeri Denpasar, Defendant was proven to have infringed Article 3 of Law No. 31 of 1999 amended by Law No. 20 of 2001 on Crime/Corruption Eradication that under the decision of which all acts committed by the Defendant have been proven to infringed all elements of crime charged in the subsidiary indictment as follows: 1) Element of “Every person”; 2) Element of “The aim of benefiting themselves or other people or a corporation”; 3) The Element of “Abusing the authority, opportunity or facility provided to him/her due to his/her position or office; and 4) Element of “Probable detrimental to the State's finance or economys.”

Understanding corruption through the analysis of court case content: research note

PurposeThe two main objectives of this project were to advance knowledge about the way corruption and related offences are structured and operate in society and to draw inferences on the efficiency and efficacy of the judicial authorities in handling reported offences with the ultimate goal of improving and effecting control policies.Design/methodology/approachIn this research note the authors attempt to explore the relevance of judicial materials. The authors developed an analytical framework to extract information from court case decisions and analysed 838 court cases on corruption and related offences in Portuguese first instance courts for the period 2004–2008 to map the distribution of corruption and related offences, understand the anatomy of corruption as a criminal offence and learn from the judicial system's capacity to investigate, prosecute and trial reported occurrences.FindingsMost corruption cases took place in the major metropolitan areas, involved municipalities as passive agents and construction companies as active agents and had to do with urban sprawl and land management policies. Court data also allowed the authors to gauge the areas or sectors of activity more exposed to corruption risks. Generally speaking, these tend to be those areas or sectors characterized by high levels of informality and clientelism, high profitability ratios deriving from political decisions, unbalanced supply-demand of decisional goods and services, disorganised and fragmented regulation, low levels of transparency and insufficient or misguided supervision.Research limitations/implicationsThe framework for analysis is replicable in other contexts with minor adjustments. The major limitation is access to court decisions/narratives. This project was developed in partnership with the Portuguese Public Prosecutor's Office. This has facilitated access to those materials. For those wishing to use the database, the major limitation is that it covers only the period 2004–2008.Practical implicationsThe court narratives confirm that in cases where the complaint is complemented by documentary, audio, video and photographic evidences collected by special investigative means the subsequent production of proof in court is more effective. The data also suggests that cases reported from inside the organisation where the offence takes place are likelier to reach the trial phase, thus reinforcing the need for diversifying and strengthening reporting mechanisms and procedures and the guarantees to those who are willing to collaborate with the auditing and investigative authorities.Social implicationsThe authors contend that court cases of corruption and related offences yield important and useful policy-oriented information that should not be overlooked by decision-makers when upgrading their efforts to fight corruption.Originality/valueThis research note introduces a novel dataset on corruption court cases in Portugal. The policy significance of this dataset is threefold: (1) it provides decision-makers a more detailed mapping of the volume and distribution of corruption and related offences across the country than that provided by standard judicial statistics; (2) it fosters knowledge on key sociological aspects of the corrupt fact, thus helping decision-makers to understand better the type of actors, objectives, contexts, resources and exchanges involved and (3) it helps to understand the dynamics of judicial proceedings and how certain procedural and institutional features impact on outcomes.

DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA: STUDI PERILAKU ANGGOTA DALAM MELAKSANAKAN KEKUASAAN

This article discusses the behavior of Members of the Republic of Indonesia's Representative Council (DPR RI) in the 2014-2019 period in exercising their powers. DPR members for the 2014-201 period were 17 sentenced to imprisonment by the Corruption Court (Corruption), and involved Provincial Government Officials, Local Government Officials and Entrepreneurs. The question is how is the relationship model of DPR RI members, Local Government Officials, and Entrepreneurs doing corruption? What environment supports the ongoing corruption of DPR members. Forms of corruption DPR members receive money from Local Government Officers of Maluku Province, North Maluku Province, and Local Government Officials of Deiyai Regency, Papua Province. The Model of Relationship between Members of the DPR and Local Government Officials, and the relations between Regional Officials and Entrepreneurs are mutually beneficial. Members of the House of Representatives receive money for their services to fight for regional government development projects. Local Government officials are willing to give money to DPR members, approval of the proposed development project is approved by the DPR according to his proposal. Local Government Official money comes from Entrepreneurs who will carry out regional development projects.The environment that supports the corrupt behavior of DPR members comes from the environment of DPR members who mutually support and cooperate in obtaining money, the process of becoming a DPR member who needs a lot of money, hidden support from party elites, the interests of Provincial Government Officials to obtain development budgets according to their proposals, support indirectly from the entrepreneur.

A survey dataset on the perception of public-sector corruption in Mauritius and a framework analysis of corruption court cases.

This data article provides research data on the perception of public-sector corruption in Mauritius, captured using a survey questionnaire as well as a thematic framework for the analysis of corruption court cases prosecuted by the national anti-corruption body, namely, the Independent Commission against Corruption (ICAC). A sequential mixed methods design was adopted. First, a quantitative approach was used, whereby a questionnaire was developed and administered on 600 persons to gauge public opinion on the perceived seriousness of the phenomenon of public-sector corruption in the country while at the same time recording citizens’ perceived effectiveness of the ICAC in its fight against public corruption in Mauritius. Second, to cross-validate the quantitative findings on the perceived effectiveness of the ICAC in fulfilling its mandate as an anti-corruption agency, a content analysis of court judgments prosecuted by ICAC from 2002 to 2018, was conducted to find out whether or not the respondents’ perceptions of the prosecutorial efficacy of the ICAC was justified. The questionnaire, the raw dataset as well as the analysis of court judgments can be downloaded from the Mendeley Data repository (https://data.mendeley.com/datasets/h8k5ghvhgh/1). The data may be reused for similar research in other parts of the world.The research findings have been published in The International Journal of Law, Crime, and Justice.

Application Criminal Chamber Formulation Number 6 in Circular of the Supreme Court No. 4 of 2016 concerning the Authority of the State Audit AgencyDeclares State Losses Case Study in the Corruption Court at the Padang District Court

In the formulation of the criminal chamber number 6 of the Supreme Court Circular Letter Number 4 of 2016 states that the authorized agency states that there is no state financial loss is the State Audit Agency while other agencies such as the Financial and Development Supervisory Agency or other institutions are still authorized to conduct audits and audits of state financial management but not authorized to declare a state financial loss. The Supreme Court Circular was not in line with the decision of the Constitutional Court Number 31 / PUU-X / 2012 dated October 8, 2012 which stated that both the Supreme Audit Agencyand the Financial and Development Supervisory Agency could calculate and declare state financial losses. Based on this, this study raises the problem, namely: First, How is the application of the Supreme Court Circular Letter Number 4 of 2016 (formulation of criminal chamber number 6) in the Corruption Court at the Padang District Court from 2016 to 2019. Second and What are the Judges' considerations in applying / not applying the Supreme Court Circular No. 4 of 2016. The research method used is the empirical juridical research method. Based on the results of research that has been done, the application of the criminal chamber formula number 6 in the Supreme Court Circular is not yet fully carried out. This can be seen from the case data submitted to the Corruption Criminal Court showing the low application of the Supreme Court Circular Letter Number 4 of 2016. From the number of cases that have been tried and decided during 2016 to 2019, there are only 16 cases of corruption that use experts from the Supreme Audit Agency. The amount is far less when compared to cases that use experts from the Financial and Development Supervisory Agency and other institutions that is 127 cases. This means that throughout 2016 until 2019, only as many as 11.11% of the total cases of 144 cases that apply the Criminal chamber formula number 6 of the Supreme Court Circular. Although the basis of authority of the Supreme Audit Agencyis clearly and firmly regulated in article 23E of the 1945 Constitution. The legal basis of the authority of the Supreme Audit Agencyis governed by regulations at the highest level. Unlike the basic authority of the Financial and Development Supervisory Agency which is only based on government regulations and regulations below, the position of the Supreme Audit Agencyis very strong. The reality is that in practice there is dualism in the application of the authorized institution in declaring state losses in the Corruption Court at the Padang District Court. In consideration, Judge's consideration in applying or not applying the Supreme Court Circular Letter is that the judge is not bound by the Supreme Court Circular and the judge himself can assess the existence of state financial losses.

The Role of the Public Policy Network in Making and Implementing Anti-Corruption Policies in Palestine

As a result for the official and unofficial interactions between many effective sides on both local and central levels, and as a result for the well of the policies network within its different parts such as the legislative council, civil society organizations, financial and administrative audit office, authors, parities and citizens as well as foreign parts such as the international bank and some donating countries, the polices networks started to develop itself and started to work in cooperation with other parties. The networks accomplished all stages in the absence of the legislative council from 2008 till 2019. However, the result of its accomplishments started with short term plans from 1998-2010, in the last year the corruption law as announced, the anti-corruption commission was established. Therefore, the three pillars of anti-corruption were completed including prosecution and anti - corruption court as a type of judicial independence. The Anti-Corruption Law and Strategy has become a systematic policy in all Palestinian public sector institutions. In mid-2019, the PAA obtained a license from the Palestinian Ministry of Higher Education to open the Anti-Corruption Academy for Higher Education, which follows the vision and objective of the Anti-Corruption Commission, which is administratively independent, which will grant a Master's degree and a higher diploma to its members. Thus, we can note the integrated role of the Anti-Corruption Policy Network from implementation to evaluation.

Practical judicialtraining: contribution of the National School of Judges of Ukraine to strengthening corruption prevention mechanisms

The article examines the role of the National School of Judges of Ukraine in strengthening the mechanisms preventing corruption through the professional training of the judiciary. In particular, relevant training activities for candidates for the judge's post, effective judges of all jurisdictions and judges of the High Anti - Corruption Court are reviewed in the article. The program of special training of candidates for the post of judge (to fill vacant posts of judges in the courts of first instance) in 2018-2019 comprised trainings on anti-corruption legislation, including European standards and national legislation; corruption related criminal offences and criminal offenses in the field of in-service and professional activity tied to the provision of public services; administrative offenses related to corruption. Trainings on anti-corruption legislation and practice of its application are a part of the periodic training programs of effective judges of local general, commercial and administrative courts, as well as courts of appeal. Anti - corruption issues were one of the key topics in the training of newly appointed Supreme Court judges. It is stated that National School of Judges of Ukraine also made a contribution into the process of selection of judges of the High Anti - Corruption Court by developing of test questions and practical tasks (model court cases). The School, with the support of its international partners, conducted an Orientation Course for judges of the High Anti - Corruption Court, which included trainings on the rule of law, standards of human rights protection in accordance with the practice of the European Court of Human Rights, return of assets and instruments of cooperation with international organizations, international anti-corruption standards, practical aspects of dealing with corruption cases (witness and victim protection, money laundering, asset seizure, special confiscation). The next scheduled training of judges of the High Anti - Corruption Court was related to adjudication of corruptionists and confiscation of their property in Ukraine. The main training topics for the court staff are the application of anti-corruption legislation concerning civil servants, main issues of financial control, features of the electronic declaration system, settlement of conflicts of interest, responsibility for violation of anti-corruption legislation. The conclusion is made that all these activities influence the change of the professional consciousness of judges, the affirmation of the values of the rule of law and fair trial. Keywords: corruption prevention, confiscation of assets, special training of candidates for the post of judge, periodic training of judges.

How do US investors perceive the risk of local political corruption? Evidence from acquisition announcement

AbstractThis study examines the impact of local political corruption on investors’ evaluation of firms’ mergers and acquisitions (M&As) in the US. Using the number of corruption convictions of government officials reported by the US Department of Justice, we find that acquirers in more corrupt court districts experience lower acquirer announcement returns, lower combined acquirer and target announcement returns, and are less likely to complete acquisitions. We further find that the relation between local political corruption and acquirer announcement returns is worsened when acquirers operate primarily in the headquarters state. Overall, the results suggest that local political corruption has an adverse impact on investors’ evaluation of a firm’s M&A profitability.

Mens Rea and State Loses on Corruption Cases: An Analysis of Corruption Court Judgment of Semarang

Quality Judges' decisions are decisions that are based on legal considerations according to the facts revealed at the trial, according to the laws and beliefs of the judge without being influenced by various external and internal interventions. The results of this study indicate that the judge in giving the decision still considers the overall elements included in Law No. 31 of 1999 jo. Law No. 20 of 2001 concerning Eradication of Corruption and Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crime, including elements of the evil spiritual attitude (mens rea). In the case of even being caught, mens rea is still important to prove at the trial stage. Basically, this mens rea becomes an important element to determine the accountability of the perpetrator. However, in cases of corruption, it is often difficult to find mens rea, even though in the examination it indicates that there is a State loss that arises in an event of corruption. The conclusions of this study are the consideration of the judge in giving a decision, always considering the elements of the crime, then things that alleviate, things that are burdensome than the attitude of the defendant including mens rea or malicious intent.

Peranan Advokat Dalam Pembelaan Hukum terhadap Terdakwa Korupsi di Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Samarinda (Tinjauan Etika Profesi Hukum)

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.

Leituras de <i>1808</i> - Aspectos educativos, estéticos e cognitivos da recepção da obra a partir da Didática da História

Este texto estuda a recepção de uma amostra de leitores ao livro 1808 - Como uma rainha louca, um rei medroso e uma corte corrupta enganaram Napoleão e mudaram a história de Portugal e do Brasil, de Laurentino Gomes. São usados os conceitos de história pública e cultura histórica, a partir da Didática da História (Bergmann, 1990; Rüsen, 2001), para a qual o ensino e a aprendizagem histórica são um fenômeno complexo e multifatorial. Dedica-se a estudar a recepção ou a aprendizagem de uma amostra de leitores da obra 1808 a partir de três das dimensões da cultura histórica: cognitiva, estética e política (Rüsen, 1994). Os dados foram obtidos pela aplicação de um questionário por meio da internet e interpretados pela análise de conteúdo (Bardin, 2011). Conclui-se, a partir da análise dos dados das entrevistas, que o sucesso desse tipo de obra está sustentado na história escolar (que ‘forma público’ interessado) e na história acadêmica (como fonte de autoridade); recursos estéticos são indicados pelos leitores como fator importante de interesse. A combinação de fatores estéticos e historiográficos gera, entre os leitores, um ‘efeito janela’ que parece fornecer acesso imediato ao passado, frente ao qual se observa restrita consciência crítica dos leitores.

Sejarah dan Perkembangan Pertanggungjawaban Korporasi

Corporate criminal responsibility has a difference in its development between countries with the common law system and those with civil law system. This is also, no exception in Indonesia. Indonesia as a Dutch Colony, which adheres to the civil law system which carries the adagium "deliquere non potest university," where corporations cannot be convicted. By using a normative approach, this article discusses about corporation as subject of criminal law which regulated outside the Criminal Code (KUHP). In Pratice, there have been several cases that punish corporations who commit criminal acts such as corruption. The finding of this article is court in Indonesia, especially corruption court are more likely to use the doctrine of vicarious liability as in common law countries. Contrary, with the conception in the Draft Criminal Code (RKUHP) that is more likely to use identification doctrine on corporate responsibility.

The Enforcement of the 2009 Law Number 46 on Corruption Court: The Role of Special Corruption Court

The Corruption Court is an independent special court under the General Court. The objectives of creating the Corruption Court is, inter alia, to adjudicate the corruption cases, to eliminate the interference of other party involves in corruption cases, to keep the Court runs in the right path. Herein, in the concept of rule of law, justice principle, under the ideology of Five Principles of Pancasila may only work well if it accompanied with other principles of social, economic, political, ideological, ethnic, racial, religious, color, and even gender background. Hence, the Judges have dual function both as sanction giver but also to deter other people not commit the same crime. In this connection, the preventive measures, such as counseling and providing legal information, as well as socialization of Corruption Law are perceived to be urgent as a new method for Indonesian in combating the corruption. This study is a normative one but employing empirical- juridical approaches. The normative research was conducted to analyze the theoretical matters of legal principles, while the empirical approach employed in the form of observing the behavior of the suspect of corruption. The findings of the study shows that the Art. 53 of the 2002 Law Number 30 it was in contradiction to The 1945 Constitution for the corruption cases cannot be tried in two different courts. That is the idea of the establishment of the Corruption Court as a special court besides the so-many corruptions committed in Indonesia where the verdict of the District Court is beyond the people’s justice