Corruption Crimes Research Articles

Juridical Review of the Phrase "Unlawful" in Decisions on Corruption Crimes in State-Owned Legal Entities

In several court decisions in cases of criminal acts of corruption in State-Owned Enterprises (SOE), the phrase "against the law" is in Article 2 paragraph 1 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended based on Law Number 20 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes (Anti Corruption Act) is interpreted broadly by referring to the explanation of these regulations. Because it relates to an offense, the phrase "against the law" should be interpreted by taking into account the principle of legality, the principle of nullum delictum nulla poena sine previa lege poenali. The use of a broad interpretation of the phrase "against the law" results in unclear differences between unlawful acts in the context of civil law and (onrechtmatige daad) and unlawful acts in the context of criminal law (wederrechtelijkheid). This results in the risk of criminalization of SOE officials, giving rise to fear in making business decisions. The formulation of the problem in this research is how to interpret the phrase "against the law" in article 2 paragraph (1) of the Corruption Law when it is related to cases of criminal acts of corruption in SOE and what is the judge's interpretation of the phrase "against the law" in decisions court for criminal acts of corruption in SOE. The research method used is a research method with a normative juridical approach. The results of the research show that the phrase "against the law" is interpreted broadly in the explanation of article 2 paragraph (1) of the Corruption Law, and judges in several corruption crime decisions interpreted the phrase "against the law" broadly, resulting in violations of the Standard Operating Procedure, Work Plan and The Company's Articles and other internal company regulations are interpreted as unlawful acts that can be considered a criminal act of corruption.

On the practical application of the provisions establishing liability for corruption crimes in official activities committed by officials of legal entities under public law

The article explores the major criminological indicators that illustrate the practical application of criminal law provisions establishing liability for corruption crimes in official activities that are committed by officials of legal entities under public law. By analyzing the provisions of the notes to Articles 45 and 364 of the Criminal Code of Ukraine, along with the features characterizing the perpetrators of crimes in the sphere of official activities, the author outlines the range of criminal offenses in the area under study. These offenses include, in particular, abuse of power or official position (Article 364 of the CC of Ukraine); acceptance of an offer or promise, or receipt of an undue benefit by an official (Article 368 of the CC of Ukraine), and unlawful enrichment (Articles 3681, 3682, 3685 of the CC of Ukraine). Based on official statistical sources (the Office of the Prosecutor General and the State Judicial Administration of Ukraine), the author conducted a long-term criminological analysis of the situation with the crimes under study and determined the absolute, average, and relative values in the period from 2016 to 2023, as well as the indicators reflecting the correlation between the number of recorded criminal offenses and the number of detected and convicted persons for each type of crime in this category. The calculated indicators revealed a dramatic gap between the number of recorded criminal offenses and the number of detected persons, as well as the number of detected and convicted persons. This discrepancy suggests that the criminal justice system has low efficiency in combating crimes of the studied category, with the real scale of these offenses, given their significant latency, far exceeding the officially recorded indicators. The study conducted by the author holds an independent value both for scientific purposes and for law enforcement activities and provides the relevant basis for information support in combating corruption crimes in official activities that are committed by officials of legal entities under public law; most importantly, it provides a clear understanding and assessment of the efficiency of the relevant criminal law provisions and serves as a prerequisite for developing the measures to improve the efficiency of criminal justice authorities in this area.

Solicitation Behavior and Corruption Crimes:

Solicitation Behavior and Corruption Crimes:

Handling of Corruption Crimes at the Tanggahan Peken Village Credit Institution, Susut District, Bangli Regency Handled by the Bali Police

Lembaga Perkreditan Desa (LPD) is a vital financial institution for traditional villages in Bali, whose role is to save funds, provide credit, and support village development. However, some LPDs, such as Tanggahan Peken LPD in Bangli Regency, have experienced legal problems related to alleged corruption crimes committed by their administrators. The purpose of this study is to determine and analyze the handling of criminal acts at the Tanggahan Peken Village Credit Institution, Susut District, Bangli Regency handled by the Bali Police. The natural method of this research uses empirical legal research. The results showed that the occurrence of criminal acts of corruption committed by the Tanggahan Peken LPD management was caused by internal factors from the individual aspect of the LPD management to gain profit, enrich themselves and perpetuate their positions and external factors from the organizational aspect, namely the lack of regular guidance, supervision and audits carried out by LPD internal supervisors and LPLPD as technical supervisors and audits. The handling of corruption crimes by the Bali Police at the Tanggahan Peken Village Credit Institution (LPD) uses Standard Operating Procedures (SOP) from the process of receiving public complaints, investigating and investigating. Creating effective investigation and investigation plans. Investigators also conduct independent audits and examinations by involving experts in the field of accounting and auditing, experts in the field of economics and experts in criminal law.

Illicit Enrichment in Corruption Eradication in Indonesia: A Future Strategy

Corruption crimes in Indonesia are on the rise, particularly through illicit enrichment where individuals accumulate wealth outside of legitimate income. Although Indonesia has ratified the United Nations Convention Against Corruption (UNCAC), the specific issue of illicit enrichment outlined in Article 20 has yet to be implemented in national legislation. This article aims to investigate current and potential future strategies to combat such corruption. The research is a normative study using a comparative law approach and corpus-based critical analysis to assess Indonesia's anti-corruption efforts, explore the international standards set by illicit enrichment regulations, and draw lessons from the unexplained wealth laws in the United Kingdom and Australia. This research concludes that Indonesia has ratified UNCAC, but illicit enrichment in Article 20 of UNCAC has not been regulated in the law, so the practice of corruption is still so massive. To overcome this, strategic steps are needed in the future, such as revising the corruption law to include illicit enrichment regulations, optimizing institutions through bureaucratic reform, and activating community participation. Therefore, these three steps are very important in implementing the Illicit Enrichment regulation in advancing the corruption eradication agenda in Indonesia in the future.

Study Against Corruption Punishment of the Village Owned Enterprise Agency (BUMDes) of Berjo Village in Karanganyar District

By closing the case of the village chief who is involved in the corruption of village funds and the allocation of villages funds who have already been accused are subject to the threat of punishment in accordance with Articles 2 and 3 of the Act No. 31 of 1999 as amended by the Law No. 20 of 2001 on the Suppression of Criminal Prosecution of Corruption. How to Juridic Analysis of High Court Judges' Judgment Semarang No. 13/PID.SUS-TPK/2023/PT Smg against the Elements of Justice and Legal Certainty for Corruption Criminal Offenders BUMDes Berjo. The type of research used by the author is normative jurisprudence or library law research or doctrinal law research that can be interpreted as legal research by studying library and secondary materials. The method of approach used in this normative jurisprudence research is the Case Approach to Legislation. The data source used is Decision No. 13/PID.SUS-TPK/2023/PT Smg, No. 31 of 1999 on Combating Corruption Punishment, as amended and supplemented by the Law of the Republic of Indonesia No. 20 of 2001 on Amendments to the Law No. 31, 1999 of the Republik of Indonesia on Combatting Corruptions Punishments. Data Collection Techniques using Libraries and Documents Studies. Data Analysis Techniques with Qualitative Analysis.SUS-TPK/2023/PT SMG violates Article 2 paragraph (1) jo. Article 18 of the Law of the Republic of Indonesia No. 31 of 1999 on the Elimination of Crimes of Corruption, as amended and supplemented by the Law No. 20 of 2001 on the Amendment to the Law on the Supreme Implementation of the Constitution of the Republik of Indonesia Number 31 of 1999, on the Reduction of Criminal Implications of Coruption. Article 55 (1) paragraph 1 of the Code, with the elements of the following article: "Everyone". The element "Fighting the Law". The item "Committing an act of enriching himself or another person or a corporation". Item "Can harm the finances of the state or the economy of the State". The unit "Who commits, who commits and who accompanies the act". (1) That the judge of the High Court of Semarang ruled the corruption criminal case conducted by the village chief Berjo Suyatno bin Kartorejo was in accordance with the norms in force but in the view of the author still leaves a striking disparity dropped to the accused in corruption cases committed by officials or someone who has power. The prosecution against the accused is too light and has not satisfied the sense of justice in the community in particular for the people of the village Berjo Prefecture of Ngargoyoso district of Karanganyar and does not cause the effect of seizure for the defendants who have used the people's money (the community of the Village Berjo prefecture NgarGoyoso District of Karaganyar) for the personal interests of the Accused.(2) That the amount of the replacement money, although in the appellate judgment of the High Court of Semarang is greater than the judgement of the State Court, the penalty of imprisonment against the defendant as a substitute for the unpaid substitute money, is still too light and tends to be preferred to refrain from paying or refusing to refund the size of the compensation money to be paid by the accused and carrying out the criminal sentence in prison in exchange for the unepaid replacement payment money. Thus, it has been backward with the Government Program in an effort to maximize the reimbursement of the State/Region losses as a result of the corruption crime that has occurred.

Application the Theory of Identification in Corporate Accountability to Corruption Crimes Based On the National Criminal Code and the Corruption Crime Law

Application the Theory of Identification in Corporate Accountability to Corruption Crimes Based On the National Criminal Code and the Corruption Crime Law

Law Enforcement on the Calculation of State Financial Loss Recovery in Corruption Crimes

Law Enforcement on the Calculation of State Financial Loss Recovery in Corruption Crimes

CRIMINAL LIABILITY FOR PERPETRATORS OF CORRUPTION CRIMES IN THE FORM OF BRIBERY (CASE STUDY OF CENTRAL JAKARTA DISTRICT COURT DECISION NUMBER 77/PID.SUS-TPK/2023/PN.JKT.PST)

Offering or promising something to a person with the intention of influencing them to perform or refrain from performing a duty contrary to their authority or obligation in the public interest is known as bribery. According to the Corruption Crime Act, any gift given to a state official or civil servant is considered a bribe. This research focuses on the legal liability of state officials who accept gifts and the factors considered by judges in deciding cases involving corrupt officials who receive gifts, as seen in the Central Jakarta District Court Decision Number 77/Pid.Sus-TPK/2023/PN Jkt.Pst. The findings of the study indicate that gratuities given to state officials or civil servants are deemed bribes if they are related to their position and contradict their duties or obligations. The first provision requires proof that the gratuity is not a bribe, while the second provision requires proof that the gratuity is valued at less than Rp10,000,000.00. The prosecutor provided evidence that the gifts in question constituted bribes. Failing to report the received benefits can result in fines of at least Rp200,000,000.00 (two hundred million rupiah) and up to Rp1,000,000,000.00 (one billion rupiah), as well as imprisonment for a minimum of 4 years and a maximum of 20 years or life imprisonment. The bribe giver may also face fines of at least Rp50,000,000.00 (fifty million rupiah) and up to Rp250,000,000.00 (two hundred fifty million rupiah), and imprisonment for a maximum of one to five years. Article 13 of Law No. 31 of 1999 on the Eradication of Corruption Crimes also includes additional penalties, such as fines of up to Rp150,000,000.00 (one hundred fifty million rupiah) and/or imprisonment for up to 3 years. In decision number 77/Pid.Sus-TPK/2023/PN Jkt.Pst, the judge considered the degree of culpability, the charges under Article 12(b) in conjunction with Article 18 of Law No. 31 of 1999 on the Eradication of Corruption Crimes, as amended by Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999, in conjunction with Article 55 Paragraph (1) of the Penal Code and Article 64 Paragraph (1) of the Penal Code, as well as aggravating and mitigating factors.

PENGATURAN PEMBUKTIAN TERBALIK TERBALIK DALAM UNDANG-UNDANG KORUPSI

The criminal act of corruption not only harms state finances, but also constitutes a violation of the social and economic rights of society at large, so that the criminal act of corruption needs to be classified as a crime whose eradication must be carried out in an extraordinary manner, to further guarantee legal certainty, avoid diversity of legal interpretations and providing protection for the social and economic rights of the community, as well as fair treatment in eradicating criminal acts of corruption. The statutory regulations that regulate criminal acts of corruption are Law no. 28 of 1999 concerning the Administration of a State that is Clean and Free from KKN, Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 concerning Eradication of Corruption Crimes, Law no. 30 of 2002 concerning the Corruption Eradication Commission, and finally with the ratification of the United Nations Convention Against Corruption, 2003 (United Nations Convention Against Corruption, 2003) through Law no. 7 of 2006. The theories used to support the preparation of this book are the Theory of the Rule of Law, the Hierarchy Theory of Legal Norms, the Theory of Authority, the Concept of Corruption and Corruption Crimes and the Concept of Reverse Evidence. The approaches used in preparing this book are: statutory approach, conceptual research approach, case approach. Legal Materials use primary legal materials, in the form of secondary law and other legal materials. Primary legal materials include court decisions that have permanent legal force and laws related to corruption. Secondary legal materials are books, unpublished scientific works, journals and newspapers. Other legal materials are internet sites regulating the reverse evidence system in the provisions of Article 12B of Law Number 20 of 2001, Articles 37, 37A and 38B of Law Number 31 of 1999 in conjunction with Law No. 20 of 2001 and the Criminal Procedure Code. is limited or balanced, and uses a negative proof system according to law (negatief wettelijk overtuiging). The Public Prosecutor is still obliged to prove his charges. In the future, it is necessary to carry out an evaluation of the regulation of Corruption Crimes, it is necessary to strictly regulate the substance of the legal system of reverse evidence so that its application can be implemented effectively and is not just a rule contained in the norms.

Penguatan Kepastian Hukum Kewenangan Kejaksaan Sebagai Penyidik Dalam Tindak Pidana Korupsi Sidang Perkara Nomor Nomor 28/Puu-Xxi/2023

Corruption cases in Indonesia still really need attention considering that the consequences can be detrimental to the state and society. Handling the eradication of corruption is then carried out by several state institutions which are given direct authority by law, one of which is through the Prosecutor's Office of the Republic of Indonesia. Legal certainty of authority is very necessary to create harmony between government institutions and avoid overlapping authority. Furthermore, in writing this article, we used an approach method, namely an empirical method with descriptive analytical research specifications. The formulation of the problem raised in this article is regarding legal certainty in strengthening the prosecutor's office as an investigator in criminal acts of corruption. Furthermore, the purpose of this article is to analyze legal certainty or the legal standing of the authority of the prosecutor's office as an investigator in criminal acts of corruption. The authority of the Prosecutor's Office is contained in Article 30 paragraph (1) letter d of Law 5 of 1991 concerning the Prosecutor's Office of the Republic of Indonesia which was later declared invalid by Law 16 of 2004 in conjunction with Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia. Then in Article 26 of Law no. 19 of 2019 Second amendment to UU No. 31 of 1999 concerning Corruption Crimes.

Tindak Pidana Penggelapan yang Bernuansa Tindak Pidana Korupsi

Corruption crimes are very vulnerable to being committed by civil servants in connection with their work duties. Apart from that, the element of state financial loss which can result in state financial loss is also important in criminal acts of corruption committed by civil servants. This research was carried out using a descriptive analysis method, namely analyzing the relationship between applicable laws and regulations and the practice of implementing positive law. Embezzlement in office committed by civil servants that falls into the realm of criminal acts of corruption fulfills the elements of an article in the Corruption Eradication Law and must contain the element of "harming state finances".

Problems of the Formulation of Asset Forfeiture Resulting from Corruption Crimes: A Comparative and Conceptual Study

Corruption in Indonesia has long been a severe transnational issue requiring appropriate handling. Although Law No. 31 of 1999 and Law No. 20 of 2001 on the Eradication of Corruption have provided a legal basis for combating corruption, weaknesses remain in their implementation. This study aims to evaluate the effectiveness of these laws by employing a legislative approach and analyzing the opinions of scholars. The primary focus of this research is on asset confiscation resulting from corruption, as regulated by the Anti-Corruption Law, which serves as a key instrument in combating corruption. The findings indicate that unclear legal norms and weak coordination among law enforcement agencies still hinder the implementation of asset confiscation. The conclusion of this study emphasizes the need for regulatory improvements and enhanced coordination among institutions to maximize the effectiveness of asset confiscation in efforts to eradicate corruption in Indonesia

Problems of the Formulation of Asset Forfeiture Resulting from Corruption Crimes: A Comparative and Conceptual Study

Corruption in Indonesia has long been a severe transnational issue requiring appropriate handling. Although Law No. 31 of 1999 and Law No. 20 of 2001 on the Eradication of Corruption have provided a legal basis for combating corruption, weaknesses remain in their implementation. This study aims to evaluate the effectiveness of these laws by employing a legislative approach and analyzing the opinions of scholars. The primary focus of this research is on asset confiscation resulting from corruption, as regulated by the Anti-Corruption Law, which serves as a key instrument in combating corruption. The findings indicate that unclear legal norms and weak coordination among law enforcement agencies still hinder the implementation of asset confiscation. The conclusion of this study emphasizes the need for regulatory improvements and enhanced coordination among institutions to maximize the effectiveness of asset confiscation in efforts to eradicate corruption in Indonesia

TRANSFORMING CONFLICT RESOLUTION: RESTORATIVE JUSTICE IN LAND DEED REGISTRATION

So far, sometimes victims feel dissatisfied with the results of judges' decisions regarding sanctions for perpetrators. The purpose of this study is to find out the urgency of Restorative Justice against the Office of the Land Act Maker (PPAT) and the completion of the law of the Bureau of the Property Act Makers (PPAT) who performed the clearance of Customs Procurement of Land and Buildings Rights (BPHTB) through restorative Justice. This type of research is empirical law research. This research is done in the City of Makassar, South Sulawesi Province. The data used are primary and secondary data, with field study techniques and library studies. The data collected is then analyzed qualitatively. The results of this study indicate that the Urgency of Restorative Justice, one of which is the restoration of the original situation, can be carried out against PPAT in the event of embezzlement of tax levies from the imposition of Fees on Acquisition of Land and Building Rights (BPHTB) embezzled by PPAT in the process of transferring rights to land and / or buildings, unless there are elements of harming the state or criminal acts of corruption, then Restorative Justice cannot be carried out. Although currently the concept of Restorative Justice has been contained in the settlement of corruption crimes, it is not yet fully implemented, because the settlement still focuses on prison sentences.

Application of the Status of Justice Collaborator in the Criminal Justice System in Indonesia (Case Study: Decision of Central Jakarta District Court Number 41/Pid.sus/TPK/ 2017/PN. JKT)

In Indonesian criminal law, the status of a Perpetrator Witness (Justice Collaborator) has significant legal consequences. With the entry of this Justice Collaborator regulation, the threat of criminal punishment will be less effective against perpetrators of serious crimes. This will make it more difficult to identify the main perpetrators in cases of crimes committed together, and will be a new strategy to avoid the threat of high punishment because the status of a Justice Collaborator is guaranteed to get leniency for serious crimes committed. The enactment of the regulation on the status of Justice Collaborator in corruption criminal justice which provides a guarantee of a reduction in punishment for perpetrator witnesses is seen as very counterproductive with a very high criminal threat for corruption perpetrators as perpetrators of certain crimes (serious crimes). Most people in Indonesia even strongly agree that the criminal threat for the perpetrators of corruption crimes is the death penalty, so great are the hopes of people who want no more corruption crimes that are very detrimental to the state and the people of Indonesia.

Sexual Gratification as an Expanded Form of Corruption Crime Under Indonesian Positive Law

Along with its development, the category of sexual gratification emerged which received a lot of attention from the public and law enforcement officials. This sexual satisfaction is different from the satisfaction we know in general. The difference lies in the object. Sexual gratification is a form of degrading women's dignity. In Indonesia, sexual gratification has not been explicitly regulated. Therefore, this research will discuss the regulation of sexual gratification based on positive law in Indonesia and the evidence. From the results of the analysis it is known that sexual gratification can be included in the provisions of Article 12 B paragraph 1 of Law 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. This can be found in the phrase "other facilities" where "facilities" themselves are defined as the means used to facilitate an implementation. Therefore, the use of sexual service facilities with the aim of achieving all desires is the intention of the party providing satisfaction. Proof of the existence of sexual gratification in eradicating corruption in Indonesia is based on criminal procedural law which refers to the Criminal Procedure Code (KUHAP) in Article 184 paragraph (1) and Article 26A of Law Number 20 of 2001 Jo. Law Number 31 of 1999 uses a reverse or balanced evidentiary system where the burden is on the Public Prosecutor and the defendant to provide evidence of the criminal act of sexual gratification for which the defendant is charged.

Tinjauan Yuridis Terhadap Pidana Pembebasan Bersyarat yang Dijatuhkan pada Tindak Pidana Korupsi

This study discusses the juridical review of parole crimes in corruption crimes. Parole is a form of punishment given to prisoners who have shown awareness and seriousness in solving corruption cases. However, the issue that arises is whether the specific conditions of parole granted to corruption convicts are in accordance with the law and do not conflict with the sense of justice of the community. This study found that Law Number 22 of 2022 concerning Corrections has regulated special parole requirements for corruption convicts. However, there are still some problems that arise in the implementation of this requirement, such as unfairness in granting parole and the potential for parole as a way out to escape responsibility for state losses. In this study, juridical analysis was carried out on laws and regulations related to parole, as well as a review of parole cases that have occurred. The results showed that there is a need for improvement in the parole system so as not to cause injustice and not allow corruption convicts to escape responsibility.

BRIBERY: MODERN PROBLEMS OF PREVENTION

The article analyzes statistics, materials of criminal cases, and sentences, which led to the conclusion that there are currently no effective measures to prevent the commission of corruption crimes. Using the example of bribery, the author suggests using more effectively the means available in the arsenal of a law enforcement officer to counter corruption crimes that begin with a conflict of interest and can develop into criminally punishable acts. Among the proposals is the need to declare a conflict of interest, enshrining in law an intangible personal interest as a sign of a conflict of interest; expanding anti-corruption education.

Upaya Meminimalkan Adanya Disparitas dalam Penjatuhan Putusan Pemidanaan dalam Perkara Tindak Pidana Korupsi di Indonesia

Problems regarding the execution of sentences obtained for corruptors recently become attractive spotlight in the eyes of the public. In the debate, many sentences for corruptors are the center of the general debate because there is a tendency for corruptors to have sentences that are considered light with the losses caused by these corruptors. Especially if they find significant differences in sentences (disparities), for corruption cases which are more or less the same and worthy of comparison. Therefore, it is necessary to know the factors of the large number of disparities in the sentencing of corruption and efforts are needed to zoom out or deal with it. This research was compiled using normative legal research, namely research based on legal materials (library based) which focuses on reading and studying primary and secondary legal materials. The approach in this study is a comparative legal approach (comparative law approach). Factors that continue to influence the emergence of disparities in the imposition of criminal convictions on Corruption Crime Cases in Indonesia are influenced by the legal system, legislation in Indonesia, factors originating from the judges themselves, factors originating from criminal events, and factors arising from not the existence of joint rules/guidelines in the imposition of sentencing