Corruption Crimes Research Articles

Problems of qualification in receiving a bribe on the example of medical workers

Subject of research: norms of the criminal legislation of the Russian Federation devoted to bribery and the concept of an official, as well as clarifications of the Plenum of the Supreme Court of the Russian Federation on the qualification of certain crimes of corruption. Purpose of research: to give scientifically based proposals to eliminate the problem of qualifying the actions of a medical worker, including one who is the head of a structural unit of a medical organization, as receiving a bribe. Object of research: social relations arising in connection with the performance by a medical worker of his professional and official duties, which were studied using comparative legal, dialectical and analytical methods. Main results of research: a justification is proposed for the need to include in the Criminal Code of the Russian Federation a rule on liability for illegal remuneration of officials of healthcare institutions.

Penguatan Kepastian Hukum Kewenangan Kejaksaan Sebagai Penyidik dalam Tindak Pidana Korupsi Sidang Perkara 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.

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

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

Legal Review Of Death Penalty Sanctions And Asset Forfeiture In Corruption Crimes Reviewed From The Perspective Of Justice

The crime of corruption in Indonesia is regulated by Law Number 31 Year 1999 on the Eradication of Corruption, which was later updated by Law Number 20 Year 2001. This research aims to legally discuss the application of death penalty and asset forfeiture in corruption cases, by considering the principle of justice. The research uses a normative juridical method, in which data is collected from various applicable legal regulations, and the results are presented descriptively-analytically. Although the death penalty is regulated in Indonesian positive law, until now its implementation in corruption cases has never been realized. As a result, the applicable law has not fully provided an adequate sense of justice for the state and the people harmed by acts of corruption. On the other hand, the Asset Forfeiture Bill (RUU) as an effort to recover state losses has been proposed. Asset forfeiture as an additional criminal offense is already regulated in Article 10 letter (b) of the Criminal Code. While the death penalty is the main punishment, both have different implementation procedures, but both aim to realize justice. Both the death penalty and asset forfeiture are expected to have a deterrent effect on perpetrators of corruption and reduce the number of corruption crimes in Indonesia.

Prospects for the Application of Unexplained Wealth Order in the Forfeiture of Assets Proceeds of Corruption in Indonesia

This research focuses on discussing two things, namely (1) how the legal politics of regulating asset forfeiture for corruption crimes in Indonesia and (2) what are the prospects for applying the unexplained wealth order in asset forfeiture for corruption crimes in Indonesia. in this study it was found that: first, the legal politics of asset forfeiture for corruption crimes in Indonesia is still mainly oriented towards the process of asset forfeiture based on conviction, asset forfeiture can only be carried out if there is a judge's decision that is legally binding. However, if in the course of a criminal case there are difficulties in proof, the defendant dies in the judicial process, and after a court decision with permanent legal force it is known that there are assets or assets owned by the perpetrator that are the proceeds of crime, a civil lawsuit can be filed. however, it is different from the concept of unexplained wealth contained in the Criminal Asset Forfeiture Bill which has a broader dimension of civil filing. And the filing of a civil lawsuit is not an alternative to the criminal justice process. Asset forfeiture lawsuits through the criminal process can be filed before, during and after criminal judgements, in order to avoid obfuscation and the disappearance and conversion of assets resulting from corruption crimes. Secondly, the prospect of implementing unexplained wealth in Indonesia has existed through the establishment and drafting of the Criminal Asset Forfeiture Bill. However, this bill is not equipped with the obligation to reverse the burden of proof, which is identical to the proof of ownership of assets contained in the Anti-Corruption Law. In the future, it is necessary to equalise the reversal of the burden of proof that should be carried out by the owner of the asset to facilitate the proof process and assist the legal apparatus.

Authority of the Corruption Eradication Commission After the Promulgation of Law Number 19 of 2019 About the Eradication Commission Corruption Crime

A clean government is one that operates free from collusion, corruption, and nepotism. The Corruption Eradication Commission (KPK) has long been established to combat corruption in Indonesia. However, the amendment to the KPK Law through Law Number 19 of 2019 has sparked controversy. This amendment has reduced the KPK’s authority, and the introduction of a Supervisory Board with stronger authority than the KPK commissioners has raised concerns about weakening the commission’s ability to perform its duties. The objective of this research is to analyze the impact of changes in the KPK's authority following the issuance of Law Number 19 of 2019. This research uses a normative legal approach, applying both the statute and conceptual approaches. The legal materials are processed using descriptive legal analysis to examine the implications of the legal changes. The findings reveal significant changes in the KPK’s authority between Law Number 30 of 2002 and Law Number 19 of 2019. The study concludes that the enhanced authority of the Supervisory Board has negatively impacted the effectiveness of the KPK in fulfilling its responsibilities, raising concerns about its ability to optimally combat corruption. The implications of this research suggest that the reduction in the KPK’s authority and the increased role of the Supervisory Board may hinder efforts to eradicate corruption, thus affecting the overall integrity of governance in Indonesia.

Using of secret cooperation in combating corruption crimes: problematic issues of court practice

It is indicated that, during the investigation of corruption crimes, there is usually a need to conduct covert investigative (investigative) actions in view of the specifics of corruption criminal offenses, a significant level of their latency, committed in the context of a conspiracy, as well as the status of the subjects of these crimes, who in certain cases are aware with the methods of work of law enforcement agencies. The article examines the problematic issues of judicial practice of using secret cooperation in criminal proceedings regarding corruption crimes. It has been established that law enforcement officials, when engaging in confidential cooperation in criminal proceedings regarding corruption crimes, face difficulties related to: 1) risks of disclosing information about persons who carry out tacit cooperation; 2) risks of provocation to commit a corruption crime; 3) procedural registration of a person’s consent to be involved in tacit cooperation in conducting NSRD and the decision of the authorized body. These problematic issues are solved in different ways in operational, investigative and judicial practice and indicate that there are still challenges in combating corruption crimes that require the efforts of both law enforcement agencies and scientists aimed at solving them. It is extremely important to prevent the provocation of a criminal offense by a person involved in confidential cooperation when countering corruption crimes using the institution of tacit cooperation. Despite the fact that there are grounds for not recognizing the obligation of a person’s written consent to involve him in confidential cooperation and conducting NSRD in criminal proceedings regarding corruption crimes, the presence of such consent can still serve as a certain argument in favor of the absence of provocation on the part of the person involved in confidential cooperation and recognition of evidence as admissible.

Reconceptualizing Corruption as an International Crime: A Review of International Law

The discourse surrounding corruption as an international crime is increasingly urgent, as it transcends national borders and contributes to economic crises, conflicts, and various crimes that threaten global security. Scholars such as Christensen (2017), Peters (2018), Davis (2018), and Rothe (2010) have linked corruption to human rights violations, revealing that states often struggle to address it effectively. This research seeks to explore how corruption can be redefined as an international crime and what legal accountability mechanisms exist for perpetrators within international law, while also examining the opportunities for the international community to recognize corruption as an international crime. The findings suggest that corruption crimes impacting security, human rights, and environmental integrity, particularly in contexts where states are unable or unwilling to act, should be classified as international crimes, necessitating a global commitment to amend the United Nations Convention Against Corruption (UNCAC) accordingly. Furthermore, the potential for universal jurisdiction over corruption is explored, whether through amending the 1998 Rome Statute or establishing an ad hoc international tribunal, although significant obstacles remain due to states’ commitments to their sovereignty and criminal jurisdiction.

Analisis Kewenangan Intelijen Kejaksaan Dalam Mengungkap Dugaan Tindak Pidana Korupsi Di Wilayah Hukum Kejaksaan Negeri Karanganyar

The Prosecutor's Intelligence has the sex of intelligence responsible for running the entire investigation chain, including the planning, collection, processing, and use of data, to maximize the results of the investigation. When a corruption crime is suspected or has occurred, data and information is collected and processed by the Prosecutor's Intelligence as part of the prosecution's efforts to uncover corruption crimes. At the investigation stage this task is carried out by the intelligence that exists at each stage of the prosecution position. The stage of investigation is carried out by the special criminal section which is given authority in the investigation of criminal offences, while in the stage of prosecution it is conducted by the Prosecutor General as stipulated in the regulations of the law – invitation. (1) What is the role of the Prosecutor's Intelligence in uncovering alleged corruption crimes? (2) Are the obstacles encountered by the Prosecutor's Intelligence in uncovering alleged criminal acts of corruption?The research approach used in this study is the Social Legal Approach conducted by studying the influence of law on social behavior. The location of the research was carried out at the Karanganyar State Prosecutor's Office located at Jl. Lawu No.361, Badran Asri, Cangakan, Kec. Data Collection Techniques (1) Interviews (2) Library is using Primary Data (1) Act No. 11 of 2021 on Amendments to Law No. 16 of 2004 on the Prosecutor's Office of the Republic of Indonesia; (2) Procurator's Regulations No. 6 of 2019 on Amending the Procedure Regulations of the Attorney-General No. PER-006/A/JA/07/2017 on the Organization and Working Rules of the Prosecution of the Republik of Indonesia (3) Act No.3 of 17 of 2011 on State Intelligence (4) Procuror-Governor's Ordinance No. Per-037 / A/JA/09/2011 of 23 September 2011 on the Operational Standards of Procedures (SOPs) of the Intelligence of the Ministry of Indonesia. Secondary data. Data analysis techniques with data analysis techniques used are qualitative analysis.The results of the research and the conclusion that (1) the Prosecutor's Intelligence played an important role in revealing the occurrence of corruption crimes. Before the case is brought into investigation, a network of intelligence activities is required to investigate whether or not there are indications of corruption offences that are detrimental to the state/region's finances. Successful disclosure of corruption crimes is in the hands of prosecutor's intelligence agents. The functions of the prosecution intelligence as the eye and ear of leadership, carrying out supporting in the implementation of all fields, as a source of information, data and support. In the course of the investigation, the intelligence agency performs activities such as Target Analysis, Task Analysis and Operation Target Determination to gather data and gather evidence that will serve as evidence that corruption crime has been committed that damages the state/region finances. Once the data and information are obtained, the intelligence agency of the Justice Intelligence Operation will conduct a more detailed investigation into the corruption crime. The information obtained is processed, analyzed and poured into reports of intelligence operations. If there are indications of corruption, the Intelligence Department will submit the report of the outcome of the judicial intelligence operation to the Special Criminal Prosecution Department for prosecution with the consent of the Chief Prosecutor of Karanganyar State. (2) Obstacles encountered by the Intelligence Branch of the State Prosecutor of Karanganyar in revealing the presence of corruption criminal acts, inter alia: (a) the time limit provided by the prosecutor's regulations; (b) in the Regulations of the Prosecution of the Republic of Indonesia there is no authority of Intelligence Agencies to undertake enforced efforts, so intelligence agents in the search for data must carry out disguise, slide or even steal the required data, this takes time related to the situation and circumstances; (c) Intelligence agents cannot guarantee that the outcomes of the Judicial Intelligence Operations referred to the Special Criminal Area go to the Corruption Penal Court, since the Intelligent Branch is only authorized to conduct investigations and bring the case to the special criminal area to carry out the investigation and prosecution; (d) the incidents or discovered have occurred over a very long time so that it is difficult to trace the existence of tools and evidence of the candidate suspect at the time of the suspension; (e) dealing with longer time due to lack of cooperation with the authorized authorities in the field

Evaluation of financial monitoring systems effectiveness in its relationship to the country's security indicators

Motivation: The motivation for this research work is its potential to identify critical issues with far-reaching implications for economic security, governance and development, and to contribute to more informed decision-making in the area of countering the financing of terrorism. Aim: The purpose of this research paper is to analyse the impact of the FATF (Financial Action Task Force) standards on crime and anti-corruption efforts and the effective implementation of the legal framework in countries. Results: The article examines the relationship between crime, corruption, terrorism and FATF standards in 54 countries. Based on the regression analysis, the influence of crime, terrorism and perception of corruption on the effectiveness and compliance with FATF standards is investigated. The specific coefficients show that the perception of terrorism and corruption have a statistically significant negative and positive impact on the dependent variable, respectively, while the impact of the crime index is not statistically significant. By examining the impact of crime rates and anti-corruption efforts on FATF standards and the effective implementation of legal frameworks in countries, the study aims to provide information that can inform decision-making. Understanding how these factors interact can help to improve anti-money laundering and counter-terrorist financing strategies at both the national and international levels, including the improvement of financial monitoring systems. Understanding the relationship between crime, corruption and terrorism can have practical implications for various stakeholders, including law enforcement, government officials and international organisations. The findings are important for the implementation of effective measures to combat money laundering and terrorist financing, improve governance, security and overall socio-economic stability.

Law Enforcement of Corruption Crimes: Theoretical Study of the Restorative Justice Approach

The problem to be described in this research is how to handle criminal acts using a restorative justice approach that is practiced in the Indonesian criminal justice system and how is the concept of restorative justice applied to criminal acts of corruption in Indonesian law? The approaches used by the author in this research are the statutory approach, case approach, historical approach, comparative approach and legal conceptual approach. The results of the research found that handling criminal acts using a restorative justice approach which is practiced in the Indonesian criminal justice system has become a new method for resolving criminal cases. This model places greater emphasis on conditions for creating justice and balance for criminal perpetrators and their victims. This model has now been implemented in the criminal justice system in Indonesia. Indonesia. This model continues to be developed and implemented in the criminal justice system in Indonesia to achieve the goals of justice, certainty and benefit because the focus of the approach in restorative justice focuses on justice for victims and perpetrators, so that the function of law is not only as certainty for society but also as justice and benefit to the community in line with local wisdom in resolving criminal cases. The application of the concept of restorative justice in criminal acts of corruption in Indonesian law is through the return of all proceeds from criminal acts of corruption along with all forms of profits which are carried out at the stage before the investigation is carried out, during the investigation, during the investigation up to the stage of examination in court. The application of restorative justice has not been specifically regulated in corruption legislation in Indonesia, however circular letters have been issued in several law enforcement agencies which regulate the application of restorative justice in criminal acts of corruption which prioritizes deliberation to return all the proceeds of criminal acts of corruption.

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

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

A Model of Legal Protection for Justice Collaborators and Whistleblowers in Corruption Crimes

A Model of Legal Protection for Justice Collaborators and Whistleblowers in Corruption Crimes

The Criminal Offence Of Corruption Of Village Funds (Analysis Of Medan District Court Decision No. 59/Pid.Sus-Tpk/2019 /Pn Mdn)

This research aims to provide an understanding of the legal aspects of Village Fund Corruption. In detail, the objectives to be achieved are to analyze the Legal Regulation of the Crime of Corruption of Village Funds, the process of supervision of Village Funds in an effort to prevent Corruption Crimes in Batu Bara Regency and the Legal Considerations of Judges in Issuing Verdicts on Corruption Crimes of Village Funds in the Decision of the Medan District Court No.59/Pid.Sus-TPK/2019/PN Mdn.This study uses a statutory approach and a case approach in its normative juridical research methodology. The results of the study show that the Criminal Law Regulation on the Crime of Corruption of Village Funds, is contained in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, especially articles 2 and 3. The mechanism for monitoring village funds requires the involvement of all parties, namely the village community, the Village Consultative Body (BPD), the Government Internal Supervisory Apparatus (APIP), and related OPDs. The judge's decision is very important, because in it there is a value that can be in direct contact with human rights. In principle, only the judge's decision that has permanent legal force can be implemented. A decision can be said to have permanent legal force if it is issued through an open and transparent trial and no other legal remedies are submitted. Regulation of Village Fund Corruption is regulated in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning the Eradication of Corruption Crimes articles 2 and 3. In carrying out the supervised supervision of village funds, the involvement of all parties is needed, and the judge's decision is very important, because in it there is a value that can be in direct contact with human rights.

Regulating the Acceptance of Witnesses in Corruption Cases within the Protection Program in the Saudi Law and its Obligations

In light of the development of the means of corruption crimes and the diversity of their methods including the use of modern technology in these crimes, and based on the growing idea of everyone's responsibility to address this crime and their right to do so, considering that the cooperation between members of society and the relevant state institutions is one of the most important ways to confront and address this crime, and since there is a potential threat to those who address reporting or witnessing the commission of these crimes, the Saudi Arabia has issued a new law for the protection of whistleblowers, witnesses, experts and victims, issued by Royal Decree No. (M/148) dated 8/8/1445 AH, which clarifies the mechanism for protecting whistleblowers, witnesses, experts and victims, and how they are subjected to the protection program, their responsibilities, and the forms of protection provided to them. In view of the vital role played by the witness in detecting and combating corruption crimes, and the emergence of a new law in the Kingdom that sets statutory rules for the protection of witnesses, this research aimed to answer a key question, what are the mechanisms for regulating the acceptance of witnesses in corruption cases within the protection program in the Saudi law and what are its obligations? This will be done using the descriptive and analytical research methodology, by studying the legal regulation of the admission of the witness to the witness protection program, and his obligations. The study reached several results, the most important of which are: the development of the Saudi regulation in corruption cases and the application of the necessary guarantees to ensure the protection of human rights, and highlighting the methods of its inclusion within the witness protection program in corruption cases and the limits of the witness's obligations, in the event when requesting for protection is approved.

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

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

Types of Legal Protection for Witnesses in Corruption Cases in the Saudi Law

In view of the vital role played by the testimony or witness in detecting and combating corruption crimes, the Saudi Arabia issued a new law for the protection of whistleblowers, witnesses, experts and victims, by Royal Decree No. (M/148) dated 8/8/1445 AH, and since there is a potential threat to those who dare to reporting or witnessing the commission of these crimes, the low dealt with the types and forms of protection provided to them, and this research tries to answer a key question, which is: What types of protections does the Saudi low guarantee to witnesses in corruption cases? This is done by using the descriptive , analytical research methodology, by characterizing and extrapolating the types of protection, and analyzing the texts of the low to identify the types and forms of protection contained therein. The study reached several results, the most important of which are: the interest of the Saudi regulator in protecting witnesses in this type of cases to provide the necessary guarantees for the protection of human rights, as it enacted a set of security, judicial, functional and social guarantees to protect the witness, and organized a number of new measures, including concealing the witness's identity and personal data, not attending him during the trial, and sufficiency, for example, with recordings without the possibility of discussing him.

Mining corruption, environmental damage, and the increasing unauthorized properties of state officials

Indonesia is blessed with natural resources in the form of minerals and coal. Their use must be directed towards the greatest welfare and prosperity of the people based on the 1945 Constitution. However, what is currently happening is the opposite. the Attorney General revealed case of alleged corruption in the trading system of tin commodities in the Bangka Belitung region. The suspects include businessmen, directors, crazy rich Indonesians, and artists who are now increasingly attracting public attention. The total state losses were equivalent to $16,667 billion USD. This research used a sociological legal research model. The research object was the legal behavior in the reality of society. It was found that to formulate appropriate law enforcement for mining corruption, Friedman’s legal system theory approach was used. This theory includes legal structures, with good synergy from each law enforcement institution. Concerning the legal substance, apart from using the Corruption Crime Law, perpetrators also need to be impoverished by regulating the crime of money laundering. In terms of legal culture, state officials should uphold ethics and integrity to achieve good governance. Meanwhile, restoration of environmental damage resulting from mining activities can begin with future environmental policies that are directed towards ensuring the safety and health of the human life as well as controlling the wise use of natural resources. The integration of environmental law and Islam can be carried out using a prophetic ethical approach. The prophetic paradigm interprets nature as something sacred as humans only borrow it and manage.

The Idea of Meaning and Regulation of Sexual Gratification as a Crime of Corruption in Indonesia

Strict and aimless law authorization is the key to battling debasement. One thing that requires clear control is the issue of giving sexual favours in cases including people indicted of debasement. The objective of this consideration is to supply an examination concerning the basic concept of sexual favours as an implication of the criminal act of debasement and the thought of the meaning and direction of sexual satisfaction as a shape of the criminal act of debasement. This considers utilizing a subjective strategy employing a literature audit strategy. The approach utilized in this article is one that is carried out by checking on and analyzing the case in conjunction with all important laws and directions. The comes about of this investigation are imperative for characterizing sexual satisfaction and lawful controls in Indonesia. Comparison with respect to sexual satisfaction controls in other nations, the presence of deterrents in law requirements regarding sexual satisfaction in Indonesia and challenges in reporting and demonstrating sexual satisfaction. The suggestion of this investigation is the significance of unequivocally characterizing sexual administrations within the Debasement Law, and they must be carried out socialization and promotion with respect to the concept of sextortion.

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.