Criminal Act Of Corruption Research Articles

Reconstruction Criminal Sanctions against Criminal Acts of Corruption based on Justice Value

During the past ten years, there have been no effective efforts to eradicate corruption. This is a very ironic thing, considering that the aim of the reform is the eradication of Corruption, Collusion, and Nepotism. It also shows that a more democratic government is not serious about combating corruption. That corruption is a crime phenomenon that undermines and impedes the implementation of development so that its prevention and eradication must be prioritized. This paper to analyze the true sanctions against the perpetrators of corruption which are currently not fair, to analyze the weaknesses of sanctions against the current perpetrators of corruption, and to find a reconstruction of sanctions for perpetrators of corruption based on justice. The results of the author's research in the reconstruction of Article 2 paragraph (1) of the Republic of Indonesia Law Number 31 of 1999 Concerning Eradication of Corruption are as follows Any person who unlawfully commits acts of enriching himself or others or a corporation that can harm financially the state or the economy of the state, are punished with imprisonment for a minimum of 12 (twelve) years and a maximum of 20 (twenty) years and / or capital punishment and impoverished and must return 2 (two) times the state losses. And in Article 3 of Republic of Indonesia Law Number 31 Year 1999 Concerning Eradication of Corruption Crimes “Every person with the aim of benefiting himself or someone else or a corporation, abuses.

The Reforming Of Money Politics Cases In Election Law As Corruption Crime

This research aims to knowing and analyzing the reformulation of money politics in the election law as a criminal act of corruption. The research method in writing this journal uses normative (doctrinal) research methods. Based on the research, it is concluded that reformulation of money politics in the election law as a corruption crime can be done by including a clause on political corruption as a special offense in the General Election Law so that it can be a strong legal basis for law enforcement officials to take steps - preventive or repressive measures to realize clean elections and corruption-free politics.

Barriers to the Implementation of the Articles of Continuing Acts in the Law of Criminal Acts of Corruption in Indonesia

The problem that will be discussed in this paper is the problem of obstacles to eradicating criminal acts of corruption regulated in the Corruption Crime Act in Indonesia, which in its implementation is often associated with the existence of norms in Article 64 Paragraph (1) of the Indonesian Criminal Code which regulates criminal acts. (voorgezette handling) corruption in Indonesia. To overcome this problem, a search for documents and literature studies was carried out, a study of laws and regulations, including decisions on corruption cases that had existed, then carried out a descriptive analysis to solve the problem. The study results show that the obstacles in the application of Article 64 of the Criminal Code are related to continuing acts of corruption in Indonesia. First, the difficulty of separating a criminal act as a single offense if it is carried out by state officials who handle the same problem and project every time. Day; Second, it is often interpreted that the will's decision is an act of corruption itself; Third, the determination of material actions (feit materieele); and Fourth, continuous action is not only seen as a rule relating to the issue of the imposition of crime and the weighting of criminal acts.

Criminal Law Politics: Law Concerning Corruption Crimes Eradication

The purpose of this study is to analyze the law authority through criminal law politics states in the law concerning corruption. This study employed a normative juridical method with conceptual and statue approaches. This research collected the data from primary and secondary legal materials. These are to obtain a critical study of legal issues happening in society. The findings revealed that the criminal act of corruption does not provide a deterrent effect and is actually detrimental to the state. In addition, this study also found that the law concerning corruption increases the state’s burden. This is because the prison sentence for corruptors is too light. The amount of money proceeds from corruption is not comparable to state spending in supporting the life of corrupt convicts in prison. The standard of penalty state in the law is too light compare to the result of corruption. Thus, it is necessary to reform the law on corruption due to the absence of proportionality in law and large losses to the state when dealing with corruption. The highest standard penalty for corruption only amounts to one billion Rupiah. In fact, many corruption cases reach to tens billions and even trillions rupiahs.

Revocation of Political Rights Convicted of Corruption In Every Judge's Decision as An Effort to Eradicate Corruption

The source of political rights inherent in human rights and political rights are also closely related to power. Meanwhile, corruptors who abuse their power are only sentenced to an average of 2 years and 2 months in prison during 2016; In 2013 the average sentence was 2 years 11 months; in 2014 2 years 8 months; and 2015 only 2 years 2 months. There needs to be a formulation of the provisions of the regulations as a basis for integrating and harmonizing judges' decisions on the revocation of political rights or it is also necessary to formulate a special criminal system to eradicate corruption crimes. Therefore, this study aims to examine what things underlie the enforcement of the deprivation of the political rights of the convicted of corruption in judge's decision and formulation of the criminal law system regarding the deprivation of political rights of convicted of corruption in judge's decision?. This research was conducted using a type of sociological juridical research approach. The result of the research is the abolition of political rights for corruption convicts, when examined from the juridical, sociological, and human rights aspects. It must become a standard in the punishment of corruption, considering that several formulations of the criminal law system currently exist in the criminal act of corruption which is still relatively light because the several sanctions given to date have not minimized acts of corruption.

Transformasi Kelembagaan KPK: UU KPK Sebagai Kebijakan Pencegahan Korupsi di Indonesia

This article questions How is the institutional transformation of the KPK after the revision of the KPK Law in supporting corruption prevention policies in Indonesia? . The purpose of writing this article is to trace the extent to which the KPK institutional transformation after the revision of the KPK Law in supporting corruption prevention policies in Indonesia is based on a comprehensive rational model. This needs to be done because the insignificant decrease in corruption cases in Indonesia is inseparable from the institutional factors of the KPK which have tended to be oriented towards eradication, are less effective and efficient in supporting corruption prevention policies. From this analysis it can be said that the institutional transformation of the KPK in the revision of the KPK Law, which was originally a superpower / superbody institution where the concentration of power tends to be corrupt, became a state institution in the executive power clump, was carried out as a form of legal reform as well as upholding an anti-corruption ethical commitment to prevent and eradicate acts. The criminal act of corruption is effective, efficient and integrated / synergistic, which is the most rational policy for the state. Keywords: Transformation, Institution, KPK, Policy, Legal Reform.

Restorative Justice in Criminal Acts of Corruption

This article intends to elaborate the model of corruption crimes resolved in a system of restorative justice that occurs in the State of Indonesia. This article emphasizes that efforts to eradicate corruption are not merely to provide punishment for those who are proven with the most severe punishment, but so that all countries that are caused by acts of corruption prevention can be returned in a short time. Technically, this study finds that there are 3 (three) conditions that cause the loss of the unlawful nature of a criminal act of corruption, namely: the suspect or defendant is disadvantaged; the state is not disadvantaged; community served. Based on the three conditions illustrate if the criminal act of corruption has returned the entire proceeds of the criminal act of corruption along with all the profits obtained from the results of the criminal act of corruption by the criminal act of corruption then basically the perpetrator is disadvantaged, the country does not suffer financial losses and the public can be served through returning all proceeds of corruption and all the benefits thereof. As a consequence, in order to create a restoring judicial process, this article desires to reduce the socio-economic burden of the state and law enforcement energy in handling cases of corruption.

Law Enforcement towards Arrest by Hand Operation in the Prosecutor’s Office of Lampung Province

The purpose of this research is to find out the results of law enforcement activities between the North Lampung District Attorney and the Kepahiang District Attorney and to find out whether the North Lampung District Attorney and the Kepahiang District Prosecutor's Office have fulfilled the principle of legal certainty in the activity of catching the hands of suspected criminal acts committed by non-governmental organizations. This research method uses normative and empirical approaches, namely normative research, which examines laws and theories. The empirical approach is made by looking at the facts and studying the law in the field. The results of the research on arrest activities carried out by the North Lampung District Prosecutor's Office, and the Kepahiang District Prosecutors' Office were carried out based on an order from the respective head of the state prosecutor's office, both the intelligence team and the joint team based on the order of the head of the state prosecutor's office. The difference between the results of law enforcement on the activities of the Attorney General's Office for Handling the arrest of the hands of the North Lampung Police was because the alleged criminal act was a general crime based on the money handed over to the victim, in contrast to the Kepahiang Prosecutor's Office which stated that the criminal act of corruption was due to the villages’ financial (Dana Desa) losses where there are proven state losses. The North Lampung District Prosecutor's Office and the Kepahiang District Prosecutor's Office have legal certainty in the activity of catching hands against non-governmental organizations who are suspected of committing a criminal act. However, the results of these activities are different.

Return of Corruption Assets toward Criminal Actions of Office Abuse

Corruption is a serious problem because it can endanger the stability and security of society, destroy democratic values and morality, and endanger economic, socio-political development, and create massive poverty so that it needs attention from the government and society and social institutions. The purpose of this study is to determine and analyze the sanctions arrangements for corruption in the abuse of office and the return of assets resulting from corruption against criminal acts of abuse of office based on Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Corruption Eradication. The research that was conducted was juridical normative, the data source used to support this research was secondary data sources. The return of assets from corruption has occupied an important position in eradicating corruption. a criminal act of corruption is an act directly related to the authority (bevoegheid), the right to rule or act as the power of a public official to comply with the rule of law in the scope of carrying out public obligations. The return of assets is based on the principles of social justice which gives the ability, duty and responsibility to state institutions and legal institutions to provide protection and opportunities for individuals in society to achieve prosperity, so that this is in line with the objectives of the State as specified in UUD 1945.

Corporate Criminal Liability for Criminal Acts of Corruption

The practice of this criminal act of corruption that involves corporations is an extraordinary crime and is very detrimental to the state. The direct consequences of these crimes to society are financial losses, job losses, and even loss of life due to the crisis. Researchers use normative juridical research methods with 3 (three) approaches to examine two problems discussed with normative research methods. It was found that corporate crime against corruption contained five theories of strict liability according to the law (strict liability) where historically the law began to pay more attention and the principle of absolute responsibility as a punishment needed to prevent retaliation then changed. be a responsibility based on the element of error

The Element of Deliberate Action in a Series of Actions on PRONA Program's Corruption Crime

The purpose of this research is to analyze construction law panel of judges in deciding cases of corruption, qualifying extortion in the PRONA program. The research approach method used is a qualitative normative juridical approach. The legal construction built by the Panel of Judges in criminal cases of extortion qualification of corruption fulfills the provisions in Criminal Law, namely the Principles of Legality and culpability. The defendant was proven to have violated the law in the provisions charged by the public prosecutor, namely Act No. 31 of 1999 Jo Act No. 20 of 2001 and Article 55 paragraph (1) to 1 of the Criminal Code. The conclusion of this research is that the defendant was proven intentionally, at least knowing it as an intentional element, designing the Prona committee, determining Prona's fees, and issuing a “threat” letter to the applicant which should be free (with certain conditions). According to the Panel of Judges, such legal facts are sufficient to prove that the defendant was deliberately involved in the criminal act of corruption. It is recommended that in dealing with corruption cases with the same motive, in the future, the public prosecutor is more courageous in giving a single indictment. So that from the start, I was sure of the charges given, especially from the collection of materials and information through a catch operation.

PERTANGGUNGJAWABAN PIDANA DIREKTUR PERSEROAN TERBATAS DALAM TINDAK PIDANA KORUPSI PROYEK TERBATAS PEMBANGUNAN RUMAH SAKIT (STUDI PUTUSAN NO.15 /PID.SUS-TPK/2018/PN.MDN)

The existence of corporations in the Criminal Code provisions that currently apply has not clearly stipulated corporations as perpetrators of crime because only Article 59 of the Criminal Code still regulates corporate provisions. However, the provisions of regulations outside the Criminal Code have clearly regulated the existence of corporations as legal subjects such as Law Number 40 of 2007 concerning Limited Liability Companies. Corporate criminal crime in its development has been widespread in people's lives, this can be done by the management of the corporation itself. The form of corporation in its development is in the form of legal entity and non-legal entity, one of which is a legal entity is a Limited Liability Company, in Article 82 of the Company Law Director is the management of the company, the Director represents the Limited Liability Company in and out of Article 82 of the Company Law. As for the problem in this research is how the criminal responsibility of the Director of a Limited Company in a criminal act of corruption in a hospital development project (study of decision number 15 / Pid.Sus-TPK / 2018 / PN.Mdn)The legal research method used in this study is a type of normative legal research that is research used by searching or analyzing and analyzing library materials, one of which is Decision No. 15 / Pid.Sus-TPK / 2018 / PN.Mdn. Then based on the results of research on Decision No. 15 / Pid.Sus-TPK / 2018 / PN.Mdn it can be concluded that based on the deeds and errors of the Director of PT. Care Indonusa has fulfilled the element of error, criminal liability requirements and found no excuses for excuses or justifications, so that criminal liability can be requested from the Director of a Limited Liability Company. Based on the above, the judge sentenced him to 5 (five) years in prison as a form of criminal liability to the Director of PT. Care Indonusa.

THE STRATEGY FOR HANDLING CORRUPTION’S CRIMINAL ACTION RELATIONSHIP TO SAVING OF STATE FINANCIAL LOSSES

The massive amount of corruption that has occurred so far is closely related to the increase in state financial losses. Even though there are regulations regarding additional penalties in the form of compensation money as regulated in Article 18 of the Corruption Crime Law, the existence of this provision has not been able to return the overall state financial losses, even the total state financial losses with those saved have a significant difference. Based on this, this study examines the factors that cause state financial losses in the criminal act of corruption. Apart from that, strategies must be taken to recover from losses to state finances. The research method used in this research is library research with a normative juridical approach. The results of this study indicate that the provision of additional penalties in the form of replacement money as contained in Article 18 of the Corruption Eradication Law is basically suitable for recovering state financial losses. It's just that, the existence of such additional crimes because it is accompanied by law enforcement with a retributive justice approach which results in the crime of substitute money which cannot recover state financial losses, because the retributive justice approach requires expensive costs.

Reconstruction to Prove Elements of Detrimental to State Finances in the Criminal Act of Corruption in Indonesia

State financial loss is one of the elements of the criminal act of corruption in Article 2 paragraph (1) and Article 3 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption Crime. The formulation of the element of detrimental to state finances in the two articles at the level of evidence still raises various obstacles because it is an obscure norm and is multi-interpretative in nature. The results of the research show that proving that the element of detrimental to state finances in the criminal act of corruption is still understood as a formal crime so that the proof is sufficient by fulfilling the act and there is no need for consequences, whether potential loss of state finances or actual loss, the perpetrator can be convicted. After the Constitutional Court through its decision Number 25/PUU-XIV/2016 stated that the word "can" in Article 2 paragraph (1) and Article 3 is unconstitutional and has fundamentally changed the qualification of corruption to become a material crime, but in its application there are different views of law enforcement officials in proving that the element is detrimental to state finances, giving rise to legal uncertainty. In the upcoming reform of the criminal law of corruption, a more appropriate model of proof is to use the concept of state financial loss in the sense of material crime. Through this concept, a new act can be seen as fulfilling the elements of a corruption crime on the condition that there must be an effect that the state loss is real and occurs (actual loss). The concept of proving state financial losses in a material sense ensures fair legal certainty. Keywords : Reconstruction, Evidence, State Financial Losses, Corruption Crime.

The Concept of Permanent Political Disclaimer in Preventing the Corruptor’s Steps

In Indonesia, corruption isn’t an extraordinary thing but it has become commonplace in front of the public, especially the perpetrators are state officials who have an important role. Criminal sentences for a suspect in a criminal act of corruption can be said to be severe, but it doesn’t provide a deterrent effect so that if there is a gap, the act can be recommited. Until there is a legal reform to remove certain rights inherent in everyone. The legal reform refers to the Supreme Court Decision Number 537K/pid.sus/2014 and the Supreme Court Decision Number 1195K/pid.sus/2014. Meanwhile, the criminal act of corruption itself has been regulated in Law No.20 of 2001 concerning Ammendents to Law No. 31 of 1999 concerning Eradication of Corruption Crime.

Kebijakan Formulasi Ketentuan Pengembalian Aset Hasil Tindak Pidana Korupsi

Aparat penegak hukum dalam penyelesaian perkara tindak pidana korupsi, tidak hanya mengedepankan penghukuman fisik semata, tetapi juga mengutamakan pengembalian kerugian keuangan negara melalui pengembalian aset, oleh karena itu dibutuhkan adanya sistem yang memungkin dilakukannya penyitaan dan perampasan aset hasil tindak pidana korupsi secara efektif dan efisien. Kebijakan Formulasi Ketentuan Pengembalian Aset Hasil Tindak Pidana Korupsi di Indonesia saat ini tersebar di beberapa perundang-undangan diantaranya KUHP, KUHAP, UU Pemberantasan Tindak Pidana Korupsi (UU PTPK), UU Tindak Pidana Pencucian Uang (UU TPPU) maupun United Nations Convention against Corruption (UNCAC) 2003. Formulasi ketentuan pengembalian aset pada masa yang akan datang dapat menerapkan konsep perampasan atas harta hasil korupsi tanpa penghukuman pidana sesuai ketentuan Pasal 54 Ayat (1) huruf c UNCAC 2003. Pendekatan penelitian menggunakan pendekatan yuridis normatif dan pendekatan yuridis empiris. Narasumber terdiri dari para Jaksa di lingkungan Kejaksaan Agung RI, serta Dosen Hukum Pidana Fakultas Hukum Unila. Pengumpulan data dilakukan dengan studi pustaka dan studi lapangan. Analisis data dilakukan secara kualitatif dan selanjutnya diambil simpulan. Hasil penelitian menunjukkan bahwa formulasi ketentuan pengembalian aset hasil tindak pidana korupsi saat ini menganut konsep perampasan aset melalui putusan pengadilan yang telah memiliki kekuatan hukum tetap sedangkan Formulasi ketentuan pengembalian aset hasil tindak pidana korupsi pada masa yang akan datang diwujudkan dengan mempertimbangkan kepentingan Negara atau masyarakat selaku korban dari tindak pidana korupsi dengan menerapkan konsep Belanda yaitu pemulihan aset pasca putusan pengadilan, berdasarkan konsep perampasan aset terhadap keuntungan yang diperoleh dari hasil tindak pidana, serta menerapkan konsep perampasan aset secara perdata tanpa didahului sanksi pidana sebagaimana telah dirumuskan dalam Pasal 1 ayat (3) RUU Perampasan Aset Tindak Pidana. Saran dalam penelitian ini hendaknya Pemerintah maupun DPR melakukan harmonisasi ketentuan pengembalian aset yang terdapat dalam UU PTPK serta UU TPPU agar selaras dengan konsep pengembalian aset (Asset Recovery) yang diatur dalam UNCAC 2003, menerapkan konsep pengembalian aset pasca putusan pengadilan dan konsep perampasan aset terhadap keuntungan yang diperoleh dari hasil tindak pidana terhadap perubahan UU PTPK, dan segera mengesahkan RUU Perampasan Aset Tindak Pidana menjadi Undang-Undang guna efektifitas pengembalian aset hasil tindak pidana korupsi.

EVALUASI KEBIJAKAN TINDAK PIDANA KORUPSI DI INDONESIA

Tindak pidana korupsi dilakukan sebagian besar kepala daerah semakin merajalela, evaluasi kebijakan menggunakan kebijakan publik. Dan penelitian mencegah tindak pidana korupsi. Metode penelitian yang digunakan adalah studi kasus (case study), yaitu suatu metode penelitian untuk menggali informasi yang diperlukan secara komprehensif, mendalam, dan apa adanya. Evaluasi kebijakan tindak pidana korupsi dengan indikator specifications, measurement, and analysis kebijakan ditemukan hasil bahwa pidana korupsi dilakukan oleh kepala daerah di Indonesia. Berdasarkan Komisi Pemberantasan Korupsi (2018), menyebutkan ada 115 kepala daerah. Rinciannya 22 orang gubernur, 80 orang bupati dan 13 orang walikota. Akhirnya dapat disimpulkan, bahwa pidana korupsi di Indonesia dilakukan oleh kepala daerah, sehingga Indonesia masih belum menjadi negara maju.

Position of Victims in Corruption Crime at the Medan Corruption Court

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

Return of State Losses in Corruption through Confiscation of Assets Based on Justice (Indonesian Perspective)

Confiscation of assets to recover state losses in a criminal act of corruption requires proof of the value of state losses or the results obtained from criminal acts of corruption, either directly or indirectly, and even includes an increase in value due to appreciation. Confiscation of assets is a legal step required in the framework of the functionalization of criminal law to restore justice because criminal acts of corruption are related to protecting public rights related to state assets. Therefore, this step is following the idea of justice to achieve the real goal of the law.

Tinjauan Yuridis terhadap Tindak Pidana Pungutan Liar (Pungli)

In the community, it is often heard about illegal fees which are a form of criminal act. This study aims to determine the regulation of illegal levies (Pungli) based on Regional Regulation No. 8/2010 concerning levies, creations and sports and to determine the imposition of criminal sanctions against perpetrators who commit illegal extortion (Pungli). The research method used is the normative research method, primary and secondary legal material sources, records of statutory books and other literature are carried out to collect data, and analysis of legal materials using legal arguments. The results of this study indicate that the regulation of corruption is implied in the formulation of corruption in several articles including Article 423 of the Criminal Code referred to in Article 12 of Law Number 31 Year 1999 as a criminal act of corruption, which is then reformulated in Law Number. 20 of 2001 concerning the crime of corruption. Legal sanctions against extortion consist of social sanctions and criminal sanctions. The law on corruption is stated in it regarding the crime of extortion.