Criminal Act Of Corruption Research Articles

Pertanggungjawaban Tindak Pidana Korupsi dalam Penyelundupan Pakaian Bekas Impor

The objectives of this research are to examine the abuse of authority by customs officials that qualifies as a criminal act of corruption and the criminal liability of customs officials in the implementation of used clothing imports. The researcher uses the Normative Juridical research method and employs a statutory and conceptual approach, using primary and secondary legal materials obtained from literature studies. The actions of customs officials who have abused their authority by falsifying documents have been regulated in Law No. 20 of 2001 on occupational crimes Article 9, then regulated in Article 416 of the Criminal Code regarding officials or civil servants who falsify books or lists specifically for administrative examination. Members of the public who commit criminal acts of abuse of authority are regulated in Law No. 30 of 2014 on Government Administration (UUAP) which is then regulated in Article 17 of UUAP, but Article 17 of UUAP only states that Government Officials are prohibited from abusing authority.

The Criminal Acts of Corruption as Extraordinary Crimes in Indonesia

Corruption in Indonesia Law is almost present throughout the Law of the government, h at the central and regional levels. Although there are various disagreeing parties of corruption classified as extraordinary crimrally argue that corruption in Indonesia can be categorized as an e,xtraordinary crime because it is organized, systemic, a,nd has been looting so that it can negatively impact economic growth, legal enforcement, and national security stability. Therefore, to combat corruption crimes in Indonesia, the government has issued No. 31 of 1999 and No. 20 of 2001 on the eradication of corruption crimes as a legal basis for the eradication of corruption in Indonesia. However, with the issuance of Law No. 19 of 2019 for the amendment of Law No. 30 of 2002 on the Eradication Commission, various legal experts have assessed that corruption crimes in Indonesia can no longer be classified as extraordinary crimes because some of the extraordinary powers that KPK has as the spearhead of corruption eradication in Indonesia have been eliminated

Penerapan Pemberian Grasi Terhadap Terpidana Korupsi Oleh Presiden

Clemency is a pardon in the form of a change in commutation, reduction or elimination of a criminal offense for a convicted person given by the president based on the consideration of the Supreme Court. The granting of clemency by the president is a form of humanity and justice towards the citizens of the country. And every prisoner has the same right to apply for clemency to the president. Granting this clemency is a fulfillment of human rights and is the president's prerogative in granting forgiveness. However, there needs to be a classification of the crime to provide an opportunity to apply for clemency. Such as the crime of corruption which is an extraordinary crime. The criminal act of corruption is a crime that not only harms one person, but also harms the State and people of Indonesia. Of course, the aim of this research is to find out certain conditions for granting clemency to corruption convicts by the president. This research method uses normative juridical research methods. By referring to the law on clemency and criminal acts of corruption as well as the presidential decision to grant pardon to corruptors. The findings of this research are that it provides special considerations in submitting requests for clemency and evaluation so that the president and the Supreme Court can logically consider their decisions in looking at the convict's case.

Asset Recovery in Corruption Crimes

Efforts to return stolen state assets (stolen asset recovery) through criminal acts of corruption (TIPIKOR) tend not to be easy to carry out. Corruption perpetrators have extraordinarily wide and difficult access to hide or launder money from the proceeds of their criminal acts of corruption. The problem becomes increasingly difficult for recovery efforts because the haven for the proceeds of crime extends beyond the borders of the country where the criminal act of corruption was committed. This research aims to determine the mechanism for returning assets in criminal acts of corruption through criminal channels. The type of research used is normative research, and the data collection technique is library research. The research results show that the mechanism for returning assets in criminal acts of corruption through criminal channels has four stages: tracking assets, freezing or confiscating assets, confiscating assets, and returning and handing over assets to the victim's country.

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.

Expert Testimony in Law Enforcement of Corruption in the Procurement of Goods and Services in Handling Emergencies

The objective of this research is to examine the extent of regulations regarding the utilization of expert information in the investigation of corrupt criminal acts, as stipulated in Law Number 8 of 1981 on the Criminal Procedure Code. Additionally, it aims to analyze the use of expert information in the investigation of corrupt criminal acts related to the procurement of goods and services in emergency situations. The research employs normative legal research methods. The findings reveal the role of expert testimony in the criminal law enforcement process based on Law Number 8 of 1981 on the Criminal Procedure Code. Expert testimony can serve as evidence in a criminal case in two possible ways: as expert testimony itself or as documentary evidence. Expert testimony is presented in court under oath or affirmation according to the individual's religious beliefs. On the other hand, documentary evidence is provided during an examination by an investigator or public prosecutor, in the form of a report that takes into account the oath taken when assuming the position or job. Furthermore, the use of expert information in elucidating the investigation process of corrupt criminal acts in the procurement of goods and services during emergency situations holds non-binding power. Expert information serves as a tool to mitigate the potential for human negligence. By drawing upon the information provided by experts, a coherent narrative can be constructed to uncover the truth, with the expectation that the Mataram Police Criminal Investigation Unit can reach a judgment (ratio decidendi). From the expert statement from PBJ, the Mataram Police Criminal Investigation Unit obtained this expert statement which was able to explain the case currently being handled regarding a criminal act of corruption at the NTB Province Small and Medium Enterprise Cooperative Service, that there had been a conflict of interest of the parties involved, either directly or indirectly.

Kajian Yuridis Tindak Pidana Gratifikasi Oleh Pejabat Negara

Corruption is a special criminal act that is regulated outside the Criminal Code (KUHP). Especially because this issue is regulated separately outside the Criminal Code (Criminal Code). Because in accordance with Article 103 of the Criminal Code, it is emphasized that: "The provisions in Chapters II to Chapter VIII of this book also apply to acts which by other statutory provisions are threatened with criminal penalties, unless otherwise provided by law." The criminal act of corruption is categorized as an extraordinary crime that requires extraordinary measures, therefore the participation of various components from both the government and society is very necessary. The conventional methods that have been used have proven to be unable to solve the problem of corruption in society, so handling it must also use extraordinary methods

Concept of Additional Criminal Replacement Money in the Crime of Corruption under Law No. 20 of 2001 Concerning Eradication Criminal Acts of Corruption

The research article entitled The Criminal Concept of Additional Compensation Money in Corruption Crimes Based on Law no. 20 of 2001 concerning the Eradication of Corruption Crimes with the formulation of the problem and research objectives: What is the concept of additional criminal charges for replacement money in criminal acts of corruption based on Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The approach method used is normative juridical research, and uses a statutory approach and a conceptual approach. Resulting in the following findings/conclusions. The Prosecutor's failure to execute the compensation money in criminal acts of corruption is not optimal, basically it is not something that is desired or intentional, but there are juridical obstacles to the court's decision. The juridical obstacle referred to is the lack of clarity regarding when the execution of a court decision that has permanent legal force is carried out, including Article 270 of the Criminal Procedure Code which states that the execution of a court decision that has permanent legal force is carried out by the prosecutor, after the clerk sends a copy of the decision letter to him, the provisions This requires that the execution can only be carried out and carried out by the prosecutor, after the clerk sends him a copy of the decision letter, so that the defendant refuses to be executed based on a quote from the final decision, in addition to the court decision not providing a legal basis for what the defendant's belongings have been confiscated.

Judicial control over government’s abuse of authority through administrative and corruption law

Law Number 30 of 2014 concerning Government Administration, prohibits abuse of authority by government agencies/officials both central and regional, but in practice there are often acts of abuse of authority of Government Agencies/Officials. This paper describes how Judicial Control over abuse of authority through government administrative legal means and Corruption Criminal Acts which, in practice, cause controversy in the enforcement of corruption crimes, especially by Government Officials and State Civil Apparatus. The legal approach to the above problems is carried out by normatively analyzing the laws and regulations governing the prohibition of abuse of power according to Government Administration Law and the Sociology approach according to the practice and / or decision of the Court in the enforcement of corruption crimes committed by organs / bodies of Government officials or State Civil Apparatus. From the results of the study of these problems in the paper, it can be concluded that abuse of authority in government administration is a form of preventive restriction. Meanwhile, abusing authority in the Criminal Law is a form of repressive action. Abuse of authority stipulated in Article 20 of the UUAP is interpreted as an administrative error committed by government agencies/officials, but if there are legal consequences in the form of state financial losses, it is qualified as a criminal act of corruption.

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

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

The Concretization of Criminal Sanctions by Judges to Support Corruption Eradication

The criminal act of corruption is a crime that has long been known to mankind. Various efforts in Indonesia have been carried out to increase the effectiveness of corruption eradication. Such support is demonstrated by the Supreme Court through the issuance of Supreme Court Regulation Number 1 of 2020 concerning Sentencing Guidelines for Article 2 and Article 3 of the Eradication of Corruption Crimes Law (Perma No. 1 of 2020). However, this regulation lacks concrete formulation of criminal sanctions and insight of corruption impacts on society. The aim of this research is to analyze approaches for judges in concretizing their considerations when imposing criminal sanctions to support the eradication of corruption. This research was prepared using normative legal research methods and supported by descriptive economic analysis. The result of this study shows the need for improvements to Perma No. 1 of 2020 by focusing the impacts of corruption on legal developments in society. These efforts, moreover, need to be supported by reviewing the range of criminal sanctions contained in the provisions of Article 2 and Article 3 of the Law concerning the Eradication of Corruption Crimes, as well as Article 603 and Article 604 of Law Number 1 of 2023 concerning the Criminal Code.

Urgency of Regulation of Business Judgment Rule As A Reason For Criminal Deletion In Criminal Acts of Corruption

Urgency of Regulation of Business Judgment Rule As A Reason For Criminal Deletion In Criminal Acts of Corruption

The Importance of Expert Testimony in Proving Corruption Crimes

The criminal act of corruption is an extraordinary crime that has an extraordinary impact on the state and the survival of its people. Corruption as an extraordinary crime requires extraordinary handling efforts as well, especially in the process of proving it. Proving corruption often requires the role of experts from several disciplines to ensure that corruption has actually occurred. The purpose of writing this article is to analyze the existence of expert testimony as evidence in proving corruption and the extent to which expert testimony contributes to convincing judges that corruption has occurred. The writing of this article uses normative legal research methods with a statutory approach. The results of this study are that the submission of expert testimony to the trial of corruption will increase the judge's confidence in the truth of other evidence submitted by the public prosecutor, and strengthen the judge's conviction to pass a sentence of punishment if indeed from the existing evidence the defendant is legally and convincingly proven to have committed corruption.

Corruption and Human Rights in the Dimension of Pancasila Values

Pancasila is the source of all laws in Indonesia, all regulations made in Indonesia are all based on the values contained in Pancasila. Corruption is a criminal act committed by a person or group of people by taking rights that should belong to the state or society for personal purposes. Corruption is also one of the factors that hinders the economy of a country, can also reduce the country's economy and increase the level of poverty. The act of corruption is an act of serious human rights violation, because it deliberately seizes the property rights of others. This criminal act of corruption usually occurs because of the abuse of power, trust, authority, and the weakness of the law in this country.

Juridical Review of the Mechanism of Asset Return in Corruption as an Effort to Recovery of State Losses

The criminal act of corruption is one part of a special crime, in addition to having certain specifications that are different from general crimes, namely with deviations from formal criminal law or procedural law. Corruption cases in this country still occur as if dominating crimes in Indonesia. This research is a descriptive analytical research, namely a study that presents phenomena or symptoms and actual circumstances about the mechanism of financial returns and / or state assets resulting from criminal acts of corruption. Law Number 20 of 2001 concerning the criminal act of corruption which in Article 18 is explained related to additional crimes as one of the efforts to recover State finances, Law Number 7 of 2006 concerning the Ratification of the United Nations Convention Against Corruption 2003 (United Nations Convention Against Corruption 2003) which explains that the seizure of assets of perpetrators of corruption crimes can be carried out through criminal and civil channels, Another regulation is Law Number 1 of 2006 concerning mutual assistance in criminal matters which is the legal basis for the Indonesian government in requesting and/or providing mutual assistance as well as a guideline for making agreements in criminal matters with Foreign Countries. In this case, the return of assets in corruption crimes can be carried out through several channels/instruments, including through criminal, civil and administrative channels.

Status Of Corruption Acts Under The Indonesian Criminal Law System

The purpose of this research is to describe the regulation of criminal law in Indonesia and to analyze the position of corruption in Indonesian criminal law. This research uses normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research. The results of the study show that the criminal act of corruption is a part of Indonesian criminal law whose arrangements are outside the Criminal Code (KUHP). In addition, this crime has certain specifications that are different from general criminal law which are regulated in separate laws, namely: Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The criminal act of corruption is also known as a special crime. The criminal act of corruption is a part of the special criminal law which has certain specifications that are different from the general criminal law, such as deviations from procedural law and when viewed from the regulated material. The Criminal Procedure Code for corruption that is applied is lex specialist in nature, namely the existence of deviations intended to speed up procedures and obtain investigations, prosecutions and examinations at court hearings.

Equitable Law Enforcement Against Law Enforcement Officers in Criminal Acts of Corruption

The pattern of eradicating corruption by punishing perpetrators with severe criminal sanctions and even up to the death penalty must be upheld to prevent acts of corruption. However, in practice, the criminal sanctions given by court judges to perpetrators are still light, even when the perpetrators are law enforcement officials such as the Prosecutor General's Office. The problem is how to consider the judges of the DKI Jakarta High Court Number 10/Pid.Sus-TPK/2021/PT.Dki and the Decision of the Central Jakarta District Court Number 11/Pid.B/TPK/2008/PN.Jkt.Pst in imposing criminal sanctions by Prosecutor Pinangki and Prosecutor Urip Tri Gunawan? The research method used is normative juridical research using secondary data. The results of the study stated that the consideration of the DKI Jakarta High Court Judge Number 10/Pid.Sus-TPK/2021/PT.Dki and the Decision of the Central Jakarta District Court Number 11/Pid.B/TPK/2008/PN.Jkt.Pst in imposing criminal sanctions that were carried out by Prosecutor Pinangki and Prosecutor Urip Tri Gunawan was based on mitigating and aggravating matters which led to disparities. This is caused by structural factors, substance factors, and cultural factors.

Reconstruction of State Economic Losses in Criminal Acts of Corruption in Indonesia

Purpose: The purpose of this study is to examine and know the concept and application of proof and calculation of state economic losses, which so far law enforcement on the application of proving state economic losses is rarely carried out by law enforcement. Method: The definition of the state economy as referred to in the Elucidation of the Corruption Law is very general and has multiple interpretations so that it is difficult to explain in trial evidence, this has an impact on the lack of law enforcement in implementing state economic losses. Results and conclusion: The concept of state economic losses in its application based on the corruption law can be formulated more concretely, including determining the characteristics and scope of state economic losses, and along with the development of science, especially economics, relating to state economic losses as a corruption impact. The calculation of economic losses uses two approaches, namely economic losses and lost expenditures. By taking action that does not harm the country's economy, law enforcement against criminal acts of corruption can be more optimal and the recovery of state economic losses can be maximized in order to welfare society. Research implications: Economists who focus on the problem of state economic losses, with certain formulas can calculate the real amount of state economic losses. The component of state economic losses is calculated based on the amount of losses incurred, namely multiple economic impacts. Originality/value: The various corruption cases that have been revealed in these sectors show that there is an impact on the state and regional economy that is far greater than the value of state losses due to acts of corruption that occur. The stabilization function of the economy has been disrupted so that the economic fundamentals of the country or region have weakened.

THE AUTHORITY OF THE POLICE IN HANDLING CRIMINAL ACTS OF CORRUPTION BY CIVIL SERVANTS WHO ARE SUSPECTED OF COMMITTING ABUSE OF AUTHORITY BASED ON LAW NUMBER 30 OF 2014 CONCERNING GOVERNMENT ADMINISTRATION

To actualize the implementation of governance and development based on the principles of good governance dan clean good government, Law Number 30 of 2014 concerning government administration is the legal basis needed to base the decisions and/or actions of government officials to meet the legal needs of the public in governance. However, it is highly risky for corruption or abuse of authority possessed by government officials. The enactment of Law Number 30 of 2014 concerning Government Administration has changed the perspective of Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, which has been carried out by the Police from an enforcement approach to an administrative approach by the Government Internal Supervisory Apparatus (henceforth APIP - Aparat Pengawas Internal Pemerintah). The addition of bureaucratic systems in eradicating criminal acts of corruption occurred due to the existence of this APIP. This research discusses the authority of police in handling criminal acts of corruption by civil servants (henceforth PNS – Pegawai Negeri Sipil) who are suspected of abuse of authority based on Law Number 30 of 2014 concerning government administration. The method used in this research was normative juridical law research with a statutory approach. The results of the research showed that police, in handling complaints or reports of the handling criminal acts of corruption by PNS who are suspected of committing acts of abuse of authority, must be submitted to the APIP first. The involvement of APIP makes the Police unable to act immediately and it is feared that this procedure will prolong the investigation process. Efforts are being made so that the handling of criminal acts of corruption can be effective in preventing state financial losses, namely by coordinating with APIP, the Financial and Development Supervisory Agency, (henceforth BPKP - Badan Pengawas Keungan dan Pembangunan -), and other external institutions. Keywords: Police, Abuse of Authority, Criminal Acts of Corruption

Law Enforcement of Corruption Crime Abuse of Hospital Medical Devices by State Civil Apparatus

This study aims to determine (1) the Corruption Criminal Law Policy on the Misuse of Hospital Medical Devices by State Civil Apparatuses. (2) The role of the government in the prosecution of corruption crimes involving the misuse of hospital medical devices carried out by state civil apparatus. The preparation of this thesis uses an empirical legal approach, in which the author looks at law in its real sense and examines how the law works in society.With this research, it is concluded that: The role of criminal law in dealing with criminal acts of corruption in the form of abuse of hospital medical devices committed by the state apparatus is contained in Articles 8, 9, 10, 11, 12, 12B, and Article 23 of the Corruption Law (which adopted Articles 421, 422, 429, and Article 430 of the Criminal Code). The criminal act of corruption for civil servants and/or state administrators is a criminal act of corruption that can only be committed by people who are qualified as civil servants or state administrators.The role of law enforcers in the enforcement of corruption crimes in the abuse of hospital medical devices begins with the submission of reports originating from individuals, community organizations and non-governmental organizations, state institutions and government institutions, and information reports from the internal police, which will then be carried out by an investigation process with the assistance of the police and the Attorney General's Office. If the case file submitted by the investigator is deemed complete and the case can be prosecuted by the public prosecutor, then the public prosecutor then makes an indictment.