Corruption Eradication Commission Research Articles

Pretrial Determination of Suspects in Corruption Cases: A Critical Analysis of Judge Sarpin Rizaldi's Decision and Its Implications for Combating Corruption in Indonesia

The pretrial decision in the BG case (No. 04/Pid.Prap/2015/PN.Jkt.Sel) represents a pivotal moment in Indonesian legal history, significantly impacting the landscape of pretrial mechanisms and the balance of power in law enforcement. This research delves into the implications of this landmark decision, examining its role in expanding the scope of pretrial authority to include the review of suspect designations, a move that has since been codified through amendments to the Criminal Procedure Code. The study further explores the decision's emphasis on upholding the presumption of innocence, a fundamental human right often overlooked in the pursuit of justice. Additionally, the research scrutinizes the decision's impact on the authority of the Corruption Eradication Commission, highlighting the need for a delicate balance between robust law enforcement and the protection of individual rights. By analyzing legal documents, scholarly literature, and the socio-political context surrounding the case, this research provides a comprehensive understanding of the decision's transformative effect on Indonesia's legal system and its broader implications for the fight against corruption.

The Impact of GCG, Internal Audit Eliminates Corruption and Improves Performance Company 2024

State performance and company performance will be better if corruption can be eliminated by implementing GCG and Internal Audit. The phenomenon of corruption has become entrenched, many public officials have been arrested and imprisoned for corruption cases by the Corruption Eradication Commission (KPK) and other law enforcement officials (Attorney General and Police). Even the chairman of the Corruption Eradication Commission (Firly Bahuri) was deactivated and questioned by the police over the alleged extortion case of the former Minister of Agriculture (Yasin Syahrul Limpo). In this context, we are interested in discussing the impact of GCG and Internal Audit on reducing corruption and improving performance.

Urgensi Persetujuan Dewan Perwakilan Rakyat dalam Pengangkatan Jabatan Publik

Every country and every government, whatever its form and system of government, is required to design and implement policies that are appropriate to the socio-economic conditions of its people and are effective in directing the policies that must be implemented by government organs and government bureaucracy. decisions made by someone who has authority in government, both formal and informal. The approval of the House of Representatives (DPR) for appointments to public positions that are not regulated in the 1945 Constitution of the Republic of Indonesia is an important mechanism in the Indonesian constitutional system. Although the 1945 NRI Constitution does not regulate in detail all public positions, several derivative laws give the DPR the authority to approve the appointment of certain officials. This process is important to ensure checks and balances in government, prevent abuse of power by the executive, and increase accountability and transparency. Through an open fit and proper test, Constitutional Court Decision Number 16/PUU-XII/2014, I Request for re-examination regarding paragraphs (2) to (8) Article 30 of the Corruption Eradication Commission Law, Law concerning DPR Involvement in Recruitment Corruption Activities candidate for member of the Corruption Eradication Commission. Participating in filling public positions by the DPR is regulated by the 1945 Constitution of the Republic of Indonesia (1945 Constitution) and so on. The 1945 Constitution with its broad authority has its own objectives. This study seeks to understand how constitutional DPR protocols can assess the competence and integrity of candidates for public office, so that elected officials are able to carry out their duties well and receive legitimacy from the people. Thus, the DPR's involvement in this process strengthens democratic principles and improves the quality of government in Indonesia.

URGENSI PENAMBAHAN MASA JABATAN PIMPINAN KOMISI PEMBERANTASAN KORUPSI PRESPEKTIF HUKUM TATA NEGARA

This research aims to find out what is behind the increase in the term of office of the leadership of the Corruption Eradication Commission in Indonesia. Also, the urgency of increasing the KPK's term of office is viewed from the perspective of constitutional law. This research is normative legal research that uses a case approach with data collection methods through literature study. Based on the research, the results and conclusions obtained are related to the Constitutional Court decision Number 112/PUU-XX/2022 regarding the term of office of the KPK leadership proposed by Nurul Ghufron as deputy chairman of the KPK for the 2019-2023 period. The reason for the request is related to the applicant's age when he was appointed, 45 years old, and when his position ended, he was 49 years old. So he cannot nominate himself as KPK leader for the next period as stated in Article 29 letter (e) of Law Number 19 of 2019. Also, the term of office for KPK leaders is 4 years for re-election for one period in Article 34 of Law No. 30 of 2002 is considered discriminatory regarding the terms of office of heads of other independent state institutions. The applicant feels that his constitutional rights have been violated due to injustice, discrimination and legal uncertainty. This decision is considered not urgent and is not in accordance with the concept of constitutional theory, justice and legal certainty. The age restriction setting is an open legal policy. And increasing the term of office of the KPK is not urgent considering the performance and achievements of the current KPK leadership. Keywords: Urgency of Term of Office, Corruption Eradication Commission, Constitutional Law

Indonesian Governors’ Gender, Age, Education Level, Educational Background, Tenure and Their Tendency of Conducting Fraud

This study aims to determine the effect of governor characteristics on the occurrence of fraudulent activities in the Provincial Government in Indonesia. Gender, age, education level, education background and tenure are used as proxies for the demographic characteristics of governors. Data were collected from the Corruption Eradication Commission, the Supreme Audit Board and Indonesian Corruption Watch and analyzed using panel data regression. The results of this study indicate that the governors with accounting background are more likely not to be involved in fraud, while tenure has no effect on fraud. An interesting finding was obtained that education level and age have a negative effect on fraud. Fraud is higher when the governor is younger and has a lower level of education. This has implications for policy makers in Indonesia in preventing fraud by making regulations that take into account the demographic characteristics of candidates for governor in Indonesia. The results also show that the demographic characteristics of the Governor play an important role in preventing fraud.

Autocratic Legalism Phenomenon in Democratic Institutions in Indonesia: Corruption Eradication Commission, Constitutional Court and House of Representatives

The phenomenon of autocratic legalism has permeated democratic institutions in Indonesia. This is marked by the executive, legislative, and judicial power holders using the people's trust to achieve goals that contradict constitutionalism, acting covertly and hiding behind the law. The institutions weakened include the Corruption Eradication Commission (KPK), the Constitutional Court (MK), and the House of Representatives (DPR). This study aims to understand how the phenomenon of autocratic legalism occurs in these three institutions and what steps should be taken to prevent and address this phenomenon. The research method used is normative legal research. The results of this study indicate that autocratic legalism refers to the actions of individuals who use the law to legitimize their power. This is evident in several policies issued by the three institutions in Indonesia. This phenomenon of autocratic legalism can actually be resolved through institutional action and addressed with legal and ethical enforcement, and its prevention through improved oversight systems, recruitment, and legal education.

Anti-Corruption Village: A Solution to Preventing Crime of Corruption and Good Governance in Village

Anti-corruption village is a concrete manifestation of community participation in preventing criminal acts of corruption. Therefore, this research aimed to eradicate corruption in Indonesia from village level serving as an important indicator and responsible for large amounts of funds. By establishing anti-corruption village, funds were more accountable for optimal development. Meanwhile, doctrinal legal research using primary, secondary, and tertiary legal materials was adopted with statute, conceptual, comparative, and futuristic methods. A descriptive-prescriptive nature was used with the examination of the data or materials through content analysis. The results showed that anti-corruption village program initiated by Corruption Eradication Commission (KPK) disseminated the importance of building integrity and anti-corruption values among government and village community. Additionally, this program functioned as a pilot project to prevent corruption and oversee the development of village community.

Indonesian Heroes and Villains: National Identity, Politics, Law, and Security

This thematic issue of <em>Politics and Governance</em> offers a collection of unique articles that debate Indonesian “heroes” and “villains,” providing an understanding of the country’s past and present. The importance of Indonesia in the world is ever-increasing geopolitically and economically, offering rich material for academic studies. It is one of the few Muslim-majority democracies, with a long and complex history of people and institutions that have shaped its national identity, politics, government, law, and security, which we examine under the central theme of agents of change and integration. The articles cover local histories prior to independence in 1945 to the present day, the legacy of President Abdurrahman Wahid (1999–2001), a biography of a prominent Muslim activist turned terrorist, women’s agency in terrorism, as well efforts to reform terrorists. Discussions on the problematic aspects of the Indonesian state ideology Pancasila and the downgrading of Indonesia’s Corruption Eradication Commission are also examined. Realpolitik is covered in the article concerning Indonesia’s maritime security and in the article discussing activists who died fighting for democratic freedoms, such as Indonesian poet-activist Wiji Thukul, who eventually saw the reform movement (reformasi) topple the Soeharto “New Order” regime (1966–1998), and usher in the democracy that Indonesia enjoys today.

Analysis The Integration of The Criminal Justice System in Handling Corruption

Corruption as a serious crime has detrimental effects on the state and society. One of the solutions to overcome corruption is by implementing an integrated criminal justice system that involves law enforcement agencies, such as the police, prosecutors and judges. Enforcement of the criminal justice system must be based on the KUHAP as the mouthpiece of the law for the Police and Prosecutor, meanwhile, the KPK is not only based on the KUHAP but also on Law Number 19 of 2019 jo. Law Number 30 of 2002 on The Corruption Eradication Commission (KPK). The synergy that is expected in the context of overcoming criminal acts of corruption in the context of the criminal justice system turns out to still contain law enforcement problems in it, such as the substance of the law, overlapping authority, independence, weak coordination, human resources, and the lack of optimality of the special criminal justice system.

Punishment for Revocation of Political Rights for Public Officials Convicted of Corruption Based on A Justice Perspective

Purpose: The purpose of this research is to research and analyze the Revocation of Political Rights to Occupy Public Positions for Corruption Convicts According to Law in Indonesia, to research and analyze the legal consequences of revoking political rights to occupy public office for corruption convicts, to research and analyze the regulations regarding the revocation of political rights to occupy public positions for those convicted of corruption in terms of the principle of justice. Method: The research methodology used in this research is a qualitative method, using Normative Juridical research which is supported by empirical research, where Normative Juridical research is also called Doctrinal Legal research. In this type of legal research, law is often conceptualized as what is written in statutory regulations (law in books). Therefore, some of the data sources are primary data and secondary data. The data used in this research are primary data and secondary data. Data collection techniques in this research were carried out through literature study and interviews. The data analysis technique used is a qualitative normative analysis technique which describes and interprets the data in sentence form properly and correctly, obtaining short answers which are formulated deductively. Results and conclusion: The revocation of political rights to occupy public positions for those convicted of corruption is carried out because corruption is behavior that deviates from the norms accepted and adhered to by society, the aim of which is to obtain personal gain. This criminal act of corruption is a violation of the social and economic rights of the community, so that criminal acts of corruption can no longer be classified as ordinary crimes but have become extraordinary crimes (extra ordinary crimes). As is known, one of the public positions is the position of regional head which is regulated in Law no. 23 of 2014 concerning Regional Government. The regulations that limit former convicts from becoming regional heads are stated in Article 58 letter f, which states that they must never be sentenced to prison based on a court decision that has permanent legal force for committing a criminal offense that is punishable by imprisonment for 5 (five) years or more. The root of the problem in corruption cases is abuse of power, of course this must be the basis for why it is difficult to restore the trust of former corruption convicts to return to contesting in the 2024 elections and fill public positions, which is feared that ex-corruption convicts will commit acts again in similar cases. to fill public office again. Research implications: The findings of this research have implications for policy makers. Determining convict status for public officials under the pretext of corruption is a worrying phenomenon, because public officials as servants of the people have now betrayed them, by abusing their authority to carry out acts that should not be carried out. The public officials who were caught by the anti-military agency (KPK) are the result of the hard work of the Corruption Eradication Commission to ensure justice for the entire community. Originality/value: This research contributes to existing literature by focusing on penalties for revoking political rights for public officials convicted of corruption. By identifying obstacles and providing recommendations, this research offers insights that can help prevent or protect society from threats that could harm society's interests based on a justice perspective.

The People's Representative Council's Right to Inquiry Against the Corruption Eradication Commission Institution in the Perspective of Constitutional Law in Indonesia

The People's Representative Council's Right to Inquiry Against the Corruption Eradication Commission Institution in the Perspective of Constitutional Law in Indonesia

The role of State Official Wealth Report in realizing the principles of Maqashid Sharia

This research aims to examine and analyze problems related to the implementation of maqasid sharia principles in effective reporting of state administrators' assets in Indonesia and to look for factors causing the ineffectiveness of legal instruments for reporting state administrators' assets in realizing the general principles of government in Indonesia. This research employed a normative legal method, with its prescriptive and applied nature. The research results show that, first, the implementation of maqasid sharia principles in reporting the assets of state administrators is in line with Hifz al-din (maintaining religion), Hifz an-nafs (maintaining the soul), Hifz al-aql (maintaining reason), Hifz an-nasl (maintaining offspring), and Hifz al-mal (maintaining assets); however, the challenge of implementing the principles of maqasid sharia in regulating the reporting of state administrators' assets requires a strong commitment from legal institutions, government, and society. Second, the factor causing the ineffectiveness of the legal instrument for reporting state administrators' assets still needs to be a more vital law enforcement factor. This can be seen in the LHKPN reporting instrument, which is the responsibility of the Corruption Eradication Commission. To deal with these problems, a legal instrument for reporting state administrators' assets is needed to embody the General Principles of Good Governance in Indonesia based on eight principles that the law must fulfil as a basis for forming reasonable regulations.

Political Revenge? Downgrading Indonesia’s KPK From Hero to Villain

The importance of Indonesia’s Corruption Eradication Commission (Komisi Pemberantasan Korupsi [KPK]), has once again been brought into focus during the 2024 presidential election campaign period when politics and corruption collide. This article suggests that legislative and political actions since 2019 to the KPK’s purpose and structure severely limit its capacity and independence making it susceptible to greater political interference and coercion. The KPK was established by Law 30/2002, as a response to and recognition of rampant corruption throughout the governmental, political and public sectors, business communities, and society in general, which became common practice during President Suharto’s New Order Regime. The KPK’s commission encompasses conducting investigations, indictments, and prosecutions. However, in late 2019, the People’s Representative Council enacted amending legislation to weaken its authority and ability to operate independently. Crucial legislative changes included creating a government-appointed supervisory body overseeing the KPK’s internal operations and changing KPK employee status from independent agents to public servants. These two provisions alone seriously weaken the KPK’s autonomy and create the risk of turning it into a politically controlled auxiliary state agency. In some respects, KPK has become a victim of its own successes, having achieved convictions of senior ministers, politicians, government officials, and business leaders, which in turn has produced enemies. Without political protection, the KPK faces the prospect of not only becoming, in essence, a nonentity but also facing further deterioration of its credibility and authority.

Implementation of The State Official Wealth Report Policy in Minahasa Regency

This research aims to find out, describe and analyze the implementation of the State Official Wealth Report (LHKPN) policy in Minahasa Regency, with research methods, namely qualitative description, number of informants of 5 people, and data analysis techniques using observation, interviews and documentation. It can be concluded that the process of implementing the Corruption Eradication Commission (KPK) policy No. 2 of 2020 has not been implemented well, this can be seen from the results of the research indicators as follows. Only a few government administrators are aware of the rules used in the procedures for imputing LHKPN, and not only that, it is also found that there are several state administrators who are negligent, and are often late in imputing LHKPN results data because they are confused about the procedures for online LHKPN reporting. Reporting in LHKPN reporting is not yet optimal, this is because in 2018-2022, there are still several government administrators who only report LHKPN once, and the level of negligence by Minahasa district government administrators is very high due to the lack of supervision carried out, this causes only a few who are active in LHKPN reporting for the 2018-2022 period. Results from 208 state administrators in Minahasa Regency, only 101 state administrators reported LHKPN, and of those 101 there were 45 state administrators whose LHKPN report data was inaccurate.

The Differences between the Attorney General and The Corruption Eradication Commission in Prosecuting Corruption Cases in Indonesia: A Legal Analysis

Corruption cases are complicated since they involve a number of parties. The goal of this study is to comprehend the distinctions between the Corruption Eradication Commission and the Attorney in Indonesian corruption cases that are intriguing to examine from both a sociological and ontological perspective. Undertaking a legal normative analysis is an intriguing way to investigate the issue. Data were gathered by observation and documentation. Legal data analysis was used to analyze the data. The results indicate that a thorough investigation is required to completely comprehend the distinctions in prosecution between the attorney and the commission for the eradication of corruption in Indonesian corruption cases. This will help academics and state agencies, as well as practitioners and public officials, create more effective laws and policies.

Police Authority In Handling Corruption Crimes Under Law No. 2 Of 2002 Concerning State Police Of The Republic Of Indonesia

The criminal act of corruption is a latent danger for Indonesia because the negative impacts and the causes are very dangerous for the economy and social order. This research aims to determine the regulation of the authority of law enforcement agencies in handling criminal acts of corruption in the legal system in Indonesia and how the authority of the police in handling criminal acts of corruption in Indonesia. As normative legal research, the research examines laws and regulations related to criminal acts of corruption.Research results: Regulation of criminal acts of corruption in Indonesia is regulated in the Corruption Eradication Law Number 20 of 2001, and Law Number 8 of 1981 concerning the Criminal Procedure Code. The Criminal Procedure Code only recognizes 2 institutions or agencies that have the authority to handle criminal acts, namely the Police and the Prosecutor's Office. In Law Number 20 of 2001, the investigative authority is contained in the institutions that have the authority to handle criminal acts of corruption, namely the Police, Prosecutor's Office and the Corruption Eradication Commission. Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia, aims to strengthen the position and role of the police as an integral part of overall reform efforts. The development and progress of society as well as the emergence of the supremacy of law, globalization, transparency and accountability have given rise to a new perspective on the duties, functions, authority and responsibilities of the police which has led to the growth of various demands and expectations from the public regarding the implementation of police duties oriented towards the interests of the community.

THE BASIS OF THE CORRUPTION ERADICATION COMMISSION’S AUTHORITY TO CARRY OUT CONFISCATION IN CORRUPTION CRIMES

The issue is about the basis of the authority of the Corruption Eradication Commission to confiscate corruption crimes that have not been enforced by permanent law (inkrach) from the district court. This study aims to find out what is the basis for the authority of the Corruption Eradication Commission to confiscate in corruption crimes and how the legal position of seized goods in corruption crimes. By using normative research methods, it can be concluded that: 1. The basis of authority of the Corruption Eradication Commission is Law Number 30 of 2002 Article 47 paragraph 1 of Law Number 30 of 2002 concerning the Corruption Eradication Commission and Law Number 31 of 1999 concerning the eradication of corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption crimes. 2. The legal position of confiscated goods will certainly be used as evidence by the Corruption Eradication Commission as law enforcement. However, there are often obstacles in the management of confiscated goods. Then confiscated goods can also be auctioned even though there has been no permanent force legal decision (inkrach) from the district court.

Controlling Corruption Crimes In Indonesian Public Officials Using Multiple Factor Approaches

The research aims to examine the control of corruption crimes in Indonesian public officials using multiple factor approaches. This research is qualitative research with primary data sources directly from the Corruption Eradication Commission with a period of 2028-2022 . The results of this research explain that corruption committed by public officials is a crime that involves exploiting power and authority to obtain personal economic gain. Corruption behavior becomes interesting to discuss by studying patterns so that we can predict future corruption behavior and find out how to prevent corruption crimes. This paper finds that corruption committed by public officials is a type of individual bureaucratic crime and governmental occupational crime. The individual type of bureaucratic crime is the type that most often occurs in corruption of public officials. There are 6 fields where corruption is carried out, where the field of development project licensing is the field where corruption occurs the most. The mode most often used in corruption of public officials is the abuse of authority followed by bribery behavior. Early theories of criminal behavior have been criticized because they emphasized one factor as the cause of crime. Factors such as inherited physical traits, biological inferiority, weak minds, emotional disorders, or poverty are described as the sole causes of crime. The multifactor approach in criminology grew out of differences in the single factor approach. Its adherents argue that crime must be understood in terms of the multiple contributions made by various factors. The assumption is that crime is the product of many biological, psychological, economic and social factors and that different crimes will be the result of different combinations of factors. Therefore, the 'correct' approach in criminology is an eclectic approach that emphasizes the identification and analysis of a variety of factors

Implementation of Investigations and Prosecution by the Corruption Eradication Commission Based on Law of the Republic of Indonesia Number 19 of 2019 concerning the Corruption Eradication Commission

Law of the Republic of Indonesia Number 32 of 2002 concerning Broadcasting (Broadcasting Law) explains the definition of broadcasting in Article 1 paragraph (2) with the words "Broadcasting is the activity of broadcasting broadcasts through broadcasting facilities and/or transmission facilities on land, at sea or in outer space with using the radio frequency spectrum via air, cable, and/or other media to be received simultaneously by the public and the receiving device. The definition of broadcasting in the Broadcasting Law does not mention broadcasting via internet networks/infrastructure or over the top, thus broadcasting via social media platforms is still a question of whether it is subject to the Broadcasting Law or other laws. Regarding this matter, RCTI and iNews TV (MNC Group) submitted a material review to the Constitutional Court which essentially requested that the definition of broadcasting as mentioned in Article 1 paragraph (2) of the Broadcasting Law include providers of over-the-top (OTT) audiovisual services, or internet-based digital platforms such as YouTube, Instagram, or Facebook. RCTI and iNews argue that the request for judicial review of the Broadcasting Law for equality and moral responsibility of the nation is motivated by the desire to provide equal treatment and protection for all Indonesian people. Broadcasting is the activity of broadcasting broadcasts through broadcasting facilities and/or transmission facilities in the air, at sea, or in outer space using the radio frequency spectrum via air, cable, and/or other media to be received simultaneously and simultaneously by the public and broadcast receiving devices. This type of research is Normative research. The approaches used are a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively and qualitatively. Concluding is carried out using a deductive method from general to specific to those related to the research issue. Legal Review of Media Broadcasting Activities in the Perspective of Law no. 32 of 2002. This research shows that if we look more closely, Law No. 32 of 2002 concerning Broadcasting has two important spirits, firstly, a broadcasting structure that is free and used solely for services to the community, not the interests of media owners. Second, the spirit of strengthening local entities which includes the spirit of regional autonomy by covering a comprehensive network system extending to the outermost areas. Broadcasting operations in several countries in the world are regulated by the laws and regulations in force in that country. Indonesia regulates broadcasting in Law Number 32 of 2002 concerning Broadcasting (Broadcasting Law).

Harmonizing Prosecution Agencies in Indonesia: Implementing the Dominus Litis Principle Policy

This research examines the harmonization of prosecution institutions in Indonesia with a focus on the policy implementation of the dominus litis principle. The Corruption Eradication Commission (KPK) and the Ombudsman have limited authority compared to the Public Prosecutor's Office, creating an imbalance in law enforcement. Understanding the historical background of each institution lays the foundation for comprehending the differences in authority. Challenges arise in handling criminal acts involving military personnel, requiring effective coordination and allocation of authority. The reconstruction of legal, structural, and cultural substance is necessary to enhance law enforcement effectiveness, especially in addressing corruption and military-related crimes. Inter-institutional coordination becomes a key factor in overcoming obstacles due to the limitations of authority. Thus, this research aims to contribute to the improvement of the prosecution system in Indonesia.