Criminal Act Of Corruption Research Articles

Peran Masyarakat dalam Pencegahan dan Pemberantasan Tindak Pidana Korupsi

The criminal act of corruption is an extraordinary crime, which can cause widespread damage to society, as stated in the preamble of the United Nations Convention Against Corruption (UNCAC). Corruption is a type of economic crime, where the losses suffered from this crime are related to the economy. This research is a doctrinal research using normative juridical method, as well as analytical descriptive. This study has two formulations of the problem, namely: first, what are the implications of corruption crimes on people's welfare?; Second, what is the role of the community in eradicating corruption? This research shows that: first, corruption crimes can greatly reduce the quality of people's lives, so that the eradication of corruption needs to be more enforced; secondly, much of the corruption that occurs in Indonesia is caused by a lack of social control, so that the role of society in eradicating corruption needs to be maximized as a means of controlling power.

The Urgency and Mechanism of Asset Return for Corruption Crimes

Typicality in Article 2 and Article 3 of Law No. 31 of 1999 jo Law No. 20 of 2001 concerning the Eradication of Corruption Criminal Acts (Tipikor Law) is the existence of elements of state financial losses, the Tipikor Law regulates mechanisms or procedures that can be applied in the form of asset returns through criminal channels, and asset returns through civil channels. The return of Tipikor's assets through civil channels is contained in the provisions in Article 32 paragraph (1), Article 34, Article 38B paragraph (2) and (3) of the Tipikor Law. Return of assets from the criminal route is carried out through a trial process where the judge in addition to imposing the principal crime can also impose additional crimes, the return of assets through this criminal procedure can be, (1) Seizure of tangible or intangible movable property, (2) Payment of substitute money, (3) Criminal fines, (4) Determination of confiscation of goods that have been confiscated, (5) Verdict of confiscation of property for the state. This study aims to know, analyze and answer problems regarding the regulation of the return of assets resulting from corruption in positive law, know, analyze and answer the problem of obstacles in the implementation of the return of assets resulting from this criminal act of corruption, and know, analyze and answer problems about the urgency and mechanism of returning assets resulting from corruption in ius constituendum. The Usefulness of Research on the Urgency and Mechanism of Return of Assets Resulting from Criminal Acts of Corruption.

INCONSISTENCY OF LEGAL NORMS FOR THE CRIMINAL ACTION OF ZAKAT AS A SOURCE OF REGIONAL ORIGINAL INCOME IN ACEH

This study aims to explain the existence of Aceh Qanun Number 10 of 2018 concerning Baitul Mal as the implementing regulation of Article 180 paragraph (1) letter d, Article 191 paragraph (1), and paragraph (2) of Law Number 11 of 2006 concerning the Government of Aceh. It shows the existence of vertical inconsistencies in Indonesia’s hierarchy of laws and regulations through a statutory and conceptual approach. The object is the arrangement of zakat management as a source of Regional Original Revenue in Law Number 11 of 2006 concerning the Aceh Government and on the “Uqubat Provisions” in Aceh Qanun Number 10 of 2018 concerning Baitul Mal. The results indicate that there was an error or ignorance of the makers of the qanun when compiling the norms of the criminal act of zakat in the “Uqubat Provisions” in Article 157 paragraph (1) as an act of “embezzlement.” This is viewed as a “corruption crime” because the zakat becomes a criminal act of corruption. The implication is legal uncertainty, a violation of the hierarchy of laws and regulations, and legal disorder. This study concludes that the substance regulated in the two regulations is inconsistent following the failure of the Aceh government to adjust the norms set by the Central Government and the absence of preventive supervision on the making of qanuns. The provisions of Article 157 paragraph (1) need to be revised to maintain the harmony/order of the legal building system.

The Ideal Concept of Regulation of Recovering State Financial Losses in Enforcement of Non-Criminal Corruption Laws Based on the Value of Justice

The negative impact caused by criminal acts of corruption covers various areas of life. Corruption is a serious problem, because it can endanger the stability and security of society, disrupt the process of socio-economic development, political stability and national morality. The purpose of this study is to analyze and find regulations for recovering state financial losses in law enforcement of corruption crimes that are not based on the value of justice. In conducting the analysis is to find weaknesses in the regulation of the return of state financial losses in the current enforcement of criminal acts of corruption. Then to find the reconstruction of regulations for recovering state financial losses in law enforcement of corruption based on the value of justice. As for conducting the research, the Constructivism Paradigm was used, with a social legal research approach, the data used were primary data and secondary data. Whereas the results of the research found (1) The Regulation of Recovering State Financial Losses in Law Enforcement of Corruption Crimes is Not Based on the Value of Justice, due to the blurring of the norms in Article 18 (1) b and paragraph (2) with Law No. 20 of 2001 concerning Amendments to Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, states that the payment of replacement money in the maximum amount is the same as the property obtained from criminal acts of corruption. The implementation turned out that the payment of the replacement money was not in accordance with the amount of state financial losses. This can be seen in several judges' decisions, as well as in Article 18 paragraph (2) which is deemed less effective because many convicts who have been convicted of crimes in the form of paying replacement money in the end do not want to carry it out and then lose or transfer their property resulting in arrears in payment. replacement money penalty. This means that court decisions cannot be implemented, Reconstruction of Regulations in Recovering State Financial Losses in Law Enforcement of Corruption Crimes Based on the Value of Justice, including the reconstruction of legal norms in the provisions of Article 18 (1) b with Law No. 20 of 2001 concerning Amendments to Law no. 31 of 1999 concerning the Eradication of Corruption Crimes, states that the payment of replacement money which is the same amount as possible for assets obtained from criminal acts of corruption, becomes Article 18 paragraph (1) letter b of the Corruption Law which states that the payment of replacement money is as much as the amount is the same as the property obtained from the criminal act of corruption which is equivalent to the value of the price of gold, and then related to Article 18 paragraph (2) with Law no. 20 of 2001 concerning Amendments to Law no. 31 of 1999 concerning the Eradication of Corruption Crimes, Keywords: Reconstruction; Payment: money; Substitute: justice DOI: 10.7176/JLPG/131-07 Publication date: April 30 th 2023

Corporations Criminal Accountability That Permits Criminal Acts Of Corruption In Indonesia

Corporations Criminal Accountability That Permits Criminal Acts Of Corruption In Indonesia

Kecurangan, BUMN Fraud Pentagon: Deteksi Kecurangan Laporan Keuangan Pada Badan Usaha Milik Negara

Fraudulent financial statements, especially in State-Owned Enterprises (BUMN) companies, is a criminal act of corruption with a very large level of financial losses. The research aims to test the pentagon fraud theory in detecting fraudulent financial statements in state-owned companies. The research sample is 20 state-owned companies from 2018-2021 which are listed on the IDX. This study took samples of SOEs with various industrial segments, besides that this study used a measure of government ownership as a proxy for rationalization, this proxy is still very rarely used. Data analysis in this study used logit regression analysis. The research results show that only financial stability and replacement of directors have a significant effect on the possibility of fraudulent financial statements, while other variables in the Fraud Pentagon have no effect.
 Keywords: Fraud Pentagon; Fraudulent Financial Statement; Soes

Konstruksi Hukum Dalam Rangka Penguatan LPD Sebagai Lembaga Keuangan Milik Desa Adat di Provinsi Bali

LPD as an institution that has the authority to collect public funds for the welfare of traditional villages has many problems today. The root of the problem can be seen from: 1). The void of norms that explains LPD as a legal entity within the framework of legal norms but has operated like other financial institutions; 2). The lack of clarity in the supervision of the LPD has resulted in many problems and even cases of corruption. This void of legal norms creates doubts from the perspective of criminal law with customary law because the LPD is predicted to be an institution belonging to the traditional village but the traditional village does not have adequate tools to solve the problems that exist within the LPD, privately or publicly. Meanwhile, from a criminal law perspective, the Prosecutors and Police consider that the misappropriation of funds by the LPD is a criminal act of corruption and both cannot provide a solution to the problems desired by the community. This paper was written with the aim of providing a new understanding in legal standing of the LPD using the legal construction reasoning method in order to strengthen the status of the LPD as an institution under the customary village using the main legal sources where the expected result is that armed with an understanding of the legal construction, it can be used as a reference for traditional practitioners and law enforcers will be able to formulate good problem solving and fulfill a sense of justice in society. The method used for this research is normative legal research with primary, secondary and tertiary legal materials where what is being researched is to answer the void of norms in the LPD’s position as legal subjects where with clear LPD legal standing there will be a legal discovery to make it easier for the government to formulate regulations.from the authority, supervision and law that is applied in the event of a legal problem.

REVERSE EVIDENCE IN CORRUPTION ERADICATION PRACTICE

This study aims to determine; 1) law of the evidentiary machine withinside the Criminal Procedure Code and the evidentiary machine withinside the Indonesian Corruption Eradication Law, and 2) synchronization of the reverse evidentiary system regulations in the trial of corruption with human rights of the accused at the trial. This study is a normative legal research with descriptive analysis method. This research shows the results, including: 1) There is a limitation in the system of reversing the burden of proof in Law no. 20 of 2001 regarding Amendments to Law No. 31 of 1999 regarding the Eradication of Corruption Crimes, namely the criminal act of gratification related to bribery in accordance with what is contained in Article 12 B paragraph (1) letter a. The reversal was carried out on the property of the defendant who was allegedly related to the case against which he was charged (Article 37A) and the property of the defendant who was not charged with alleged corruption (Article 38B). 2) In Articles 37A and 38B regarding reversing the weight of evidence at the defendant's property, it's far deemed essential to offer operational commands in addition to unique procedural regulation as an attempt to keep away from ambiguity from regulation enforcement in imposing this system. Afterwards, concerning the reversal of the weight of evidence on items which have now no longer been indicted (Article 3B), the regulation wishes to offer limits and motives concerning the purpose of products which have now no longer been indicted. This makes it necessary to understand what is meant by property in the context found in the trial. However, there has been no indictment allegedly originating from the criminal act of corruption, so it has not yet been delegated to the Public Prosecutor.

LEGAL POLICY ON CONVICTING CORRUPTION OFFENDERS WHO HAVE RETURNED STATE FINANCIAL LOSSES FROM THE PERSPECTIVE OF JUSTICE

The criminal law policy based on Article 4 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes regulates the return of state financial losses does not eliminate criminals, but the implementation of the provisions of Article 4 has not been implemented as appropriate. In practice there are irregularities in which the return of relatively small amounts of state losses can be stopped from investigation and eliminate the criminals of corruption. Moreover, the return of state financial losses was not a consideration for the Judge to commute the sentence to be imposed on the defendant. Therefore, in this study, it is necessary to study to evaluate the Legal Policy on punishment of perpetrators of corruption crimes who have returned state financial losses based on the provisions of Article 4 of Law No. 31 of 1999 concerning the Eradication of Corruption Crimes and analyze the Renewal of the Law on the punishment of perpetrators of corruption crimes that have returned state financial losses from a justice perspective. The purpose of this study is to find out the appropriate Criminal Law Policy against perpetrators of corruption crimes that return state financial losses from the perspective of justice for the future. This type of research method is legal research with a normative juridical approach that focuses on synchronizing laws, principles and legal doctrines. The data studied are library materials or secondary data, and tertiary legal materials, then discussed and presented descriptively. Forms of criminal law reform that can be applied to perpetrators of corruption crimes that have returned state financial losses in the future from the perspective of justice include: Renewal of the formulation of criminal threats that are cumulative imperative changed to cumulative and renewal of the regulation of the main types of crimes in the form of social work crimes that can be an alternative to imprisonment and an alternative to fines and formulation of the plea concept bargaining as a procedural law for corruption and the formulation of the concept of restorative justice in the criminal act of corruption in the form of culpa or negligence.

Legal Protection of the Defendant’s Property as Evidence in the Trial Process of Corruption

Success in eradicating corruption can not only be judged by simply bringing the perpetrators to justice. This success is deemed insufficient if the state losses due to corruption committed cannot be recovered, so that success is considered sufficient, it must be able to confiscate the assets of the accused perpetrators of corruption in the trial, which will later be used as payment of compensation for state losses charged to the Defendant. With the reason for the payment of compensation for state losses, the Defendant's property was then confiscated, both used and obtained from a criminal act of corruption, as well as on the Defendant's property which was obtained not from a criminal act of corruption and has nothing to do with a criminal act of corruption. Corruption crimes examined in this study include corruption cases in the field of natural resources, there are several court decisions in natural resource corruption regarding replacement money. The purpose of this study was to determine the position of the evidence in the trial process and how the legal protection of the defendant's property was used as evidence in the corruption case. This research is descriptive, normative juridical research type through legislation and conceptual approach, using secondary data obtained through literature study and document study, then analyzed qualitatively. The conclusion of this study are that the principle of presenting evidence in court is to support the evidence of the defendant's actions, not to be used as collateral for the execution of the sentence, so that the defendant's property that is not related and is not the result of a criminal act of corruption cannot be used as evidence in court process;

PENEGAKAN HUKUM TERHADAP PENGGUNAAN KEWENANGAN DISKRESI YANG BERIMPLIKASI TINDAK PIDANA KORUPSI

The government has the power to intervene in all aspects of people's lives through public power, including areas not regulated by law. This condition then causes the state to need its own initiatives and policies. This is what is called the concept of discretion in administrative law. However, the exercise of discretion also tends to detect abuse and arbitrariness of duties, which can result in criminal acts of corruption as referred to in Article 3 of the Anti-Corruption Law. Because the discretionary authority is for the public interest or the public interest, then if the discretionary authority is used for purposes other than the public interest or the public interest, then the discretionary act becomes a criminal act of corruption in terms of crime. This could be considered the abuse of influential work.

Criminal Acts of Gratification Between Doctors and Pharmaceutical Companies

The system of health services and medical services run by the medical profession, deals with medical ethics and the problems that arise in medical ethics. Normative juridical research method, with descriptive analytical specifications. Normative legal research is research that only uses secondary data sources, namely legislation and legal theories. The basic needs of human life are the main thing in the fulfillment of the right to public health. The government's responsibility in fulfilling the right to health is to regulate, foster, and supervise the implementation of health efforts that are equitable and affordable by the community and improve the health status of the community. This need for health is felt by the community, which ultimately makes doctors a much-needed profession. One of the services provided is the provision of health, where patients should receive drugs according to their needs. This is where the crime of gratification occurs. It should be noted that gratification is included in the criminal act of corruption. Efforts to overcome crime in criminal acts of gratification with penal and no-penal efforts. According to criminal policy, penal measures are efforts to eradicate criminal acts of gratification. When the case occurs, legal remedies will be carried out according to the provisions in the law through criminal justice. Meanwhile, efforts to tackle non-permanent crimes are preventive in nature. This prevention is important and considered effective to prevent such cases from happening

ARRANGEMENTS OF LAW ENFORCEMENT INVOLVING LAW ENFORCEMENT OFFICERS IN BRIBERY

There are still a number of individuals and government bodies in Indonesia that have the capacity to abuse the power that they possess. In government entities, it is possible for KPK investigators to abuse their positions of power. Since the investigators have to make direct contact with the crime or the suspect, it is possible that they will accept bribes or gifts. This study aims to investigate the types of crimes that may be committed by KPK investigators when handling corruption cases, the criminal liability of law enforcement based on the Criminal Acts of Corruption Act, and the efforts made by the government to address the issue of criminal acts of corruption. This article employs qualitative analysis, which entails a detailed description of the processed data in the form of phrases, as the technique of data analysis used in this research (descriptive). In terms of Indonesian criminal law, corruption is governed by Law No. 31 of 1999 and Law No. 20 of 2001 on the Eradication of Corruption Crimes. These rules establish the extent of the punishment for corruption offenders, which includes imprisonment, fines, and the death penalty. In addition, the government aims to seize the profits of illegal acts of corruption via asset recovery through enforcing the Law on the Prevention and Eradication of the Crime of Money Laundering. Regarding law enforcement, the government created the Corruption Eradication Commission (KPK) and the Corruption Court.

Eksistensi Pasal 14 Undang-Undang Tindak Pidana Korupsi No.31 Tahun 1999 Jo Undang-Undang No. 20 Tahun 2001 Terhadap Praktek Penegakan Hukum

The content that contained in article 14 of the Corruption Act related to law enfocement is a legal corridor that must be condered in its implementation. The issue that will be raised is how does article 14 of the Corruption Act against the Law Enforcement Practices Exist? The method used in this journal is the normative juridicial method. The results of the study indicate that the existance of the regulations containd in the provisions of article 14 is a limiter and determinant of whether other criminal acts can be tried as a criminal act of corruption, so that not all criminal acts must be resolveds by corruption trial

Authority of Taping as A Tool of Evidence in Criminal Acts of Corruption in Indonesia

Introduction: On the side of corruption crime, law enforcers are given special rights to obtain and access electronic information to strengthen evidence of corruption cases. The range of wiretapping on privacy related to human rights and its importance as electronic evidence in criminal acts of corruption, the purpose of this study is to examine wiretapping as evidence in criminal acts of corruption in Indonesia without violating constitutional rights. Methods: This research method uses normative jurisprudence with secondary data sources obtained through library research, including primary legal materials, secondary legal materials, and tertiary legal materials, both in the form of documents and regulations relating to wiretapping on corruption. At the same time, the data analysis technique used descriptive qualitative. Result: The principle of wiretapping is the legal basis of Law Number 19 of 2019; the law further explains legal certainty regarding granting permits to the Supervisory Board so that the KPK leadership can take immediate action. However, giving special keys to the apparatus must be balanced with caution to avoid misusing. Because the privileges granted intersect with the personal rights of every community, it is prone to human rights violations if it exceeds the limit / outside the problem of corruption. Conclusion: Law enforcement action against corruption gives special powers to law enforcers to obtain and use electronic information. The range of wiretapping on privacy related to human rights and the importance of such information as evidence of corruption must consider the applicable laws without violating constitutional rights.

Implementation Of The Death Criminal Sanction In The Corruption Criminal Action Law

Criminal act of corruption which is governed under, subsequent called UUTPK is not yet set assertive regarding the amount and related conditions with inner country state as specific stated under Article 2 Paragraph (2) UUTPK which states: that in case act criminal corruption like as referred to in paragraph (1) is carried out in situation-specific, then criminal dead could implement. The method study used in this paper are juridical normative and empirical. Approach the study was conducted at the Tanjung Karang District Court, Bandar Lampung District Attorney, Peradi Lampung DPC, and Lampung University. Type of data used is secondary data and primary data. The results of research and discussion show that death criminal sanction not applied in acts of criminal corruption as set is in UUTPK. Regulation Number 20 of 2001 contained in Article 2 paragraph (2) is inefficient because in its implementation the judge often decides to use Article 2 paragraph (1) UUTPK in case of criminal corruption because provision chapter clearly explains the terms and the conditions of the quert article. This provision chapter could be applied, and P 2 paragraph (2) the original has much weakness because Article 2 paragraph (2) do not explain the apparent size and terms subjugated on somebody for convicted death sanction according to the author. If Article being (2) paragraph 2 wants to be applied, it must be clarified in the chapter/provision. For example, if corruption or loss of state money is above Rp. 1 billion, the convict must be punished dead. The reason as to why death criminal sunction is not applied effectively wittin corruption criminal act , has also something to do with the willingness of Indonesian judges to conviet perpetraturs with maximum punishment, of course in the and such legal decision must also be seen from varius aspects

Analisis Yuridis Tuntutan Jaksa untuk Menuntut Hukuman Mati dalam Tindak Pidana Korupsi (Studi Putusan Nomor 50/Pid.Sus-TPK/2021/PN Jkt.Pst)

Corruption is an extraordinary crime (extraordinary crime), so how to handle it must also be done in extraordinary ways as well. Regarding the issue of corruption that the author raises, namely the case of corruption committed by Heru Hidayat, President Commissioner of PT Trada Alam Minera Tbk , corruption at PT Asabri is also called the mega-corruption case because the value of state losses is fantastic, reaching Rp. 22.7 trillion. This type of research is a normative juridical research , which examines laws and regulations, theories, or the opinions of legal experts. Regulations related to prosecuting the death penalty are contained in the Guidelines for the Attorney General of the Republic of Indonesia Number 1 of 2019 concerning Criminal Prosecutions for Criminal Acts of Corruption and Article 2 Paragraph (2) of Law Number 30 of 1999 concerning Eradication of Criminal Acts of Corruption as amended in Law Number 20 of 2001 concerning Eradication Corruption Crimes.

Preventive Measures As Strategic Attempts to Cope with Criminal Acts of Corruption in Indonesia

Corruption becomes a latent danger in almost all countries, including Indonesia. Therefore, any strategies to tackle it are always conducted. In some countries, imposing a serious punishment is the strategy chosen with the goal of giving deterrent effects to the perpetrator. In some countries, preventive measures are preferred to overcome corruption. It is intended to eliminate the root cause of corruption. This present article proposes the idea of preventive measures as a strategy to cope with corruption in Indonesia. Two main problems will be examined in this article: The first is why preventive measures become a strategy chosen to tackle criminal acts of corruption in Indonesia. The second is how theories justify the preventive measures to cope with criminal acts of corruption. Through a doctrinal approach, this study produced the following conclusions. First, preventive measures are the most strategic causative effort to cope with criminal acts of corruption in Indonesia. Second, preventive measures are justified by various theories in criminal law.
 Keywords: preventive measure, strategy, coping with criminal act, corruption in Indonesia, criminal law

THE URGENCY OF CRIMINALIZATION OF BRIBERY IN THE PRIVATE SECTOR AS A CRIMINAL ACTION OF CORRUPTION IN THE CORRUPTION LAW

The purpose of this study is to examine the philosophical basis, the urgency of regulating bribery as a criminal act of corruption and reformulating the regulation of bribery as a criminal act of corruption in the future. This study applies normative legal research, using a normative juridical approach, using analysis techniques of legal materials obtained from research, examined, to be compiled systematically and presented in descriptive sentences. The results of the study indicate that the cause of the weakness of the corruption law is due to the absence of norms (vague of norms) from the perpetrators of corruption crimes committed other than the government. That every private actor in committing a criminal act of corruption is required to have joint participation with state officials (state apparatus), other than that it is not a criminal act of corruption, even though the consequences of that act have caused state financial losses or very large state economic losses. This study focuses on legal subjects, legal acts and criminal sanctions (penal) which are more open in order to achieve fair legal certainty against bribery by private to private actors, thus there is a need for new regulatory arrangements regarding private to private bribery. as a criminal act of corruption in Indonesia.

Money Laundering As A Transnational Crime Problems And The Ideas Of Legal Policy Reformation In Indonesia

Various countries today are threatened by money laundering as a transnational crime known as borderless crime. This is because the impact of money laundering is not ordinary. The crime of money laundering has a considerable impact disrupting the stability of the economy and social life and even damaging the world economic order. However, various legal problems in dealing with money laundering often occur in Indonesia. With these various problems, it shows that Indonesia needs a legal reformulation related to money laundering as classified as a transnational crime. Based on this background, this research will discuss the problems of how money laundering can be classified as a transnational crime, the problems with its law enforcement, and the legal policy of money laundering as a transnational crime reformulation in Indonesia. This study uses a descriptive normative research method with a qualitative approach. The results show that the idea of reformulation in law enforcement of money laundering as a transnational crime in Indonesia is through the reconstruction of Mutual Legal Assistance or MLA between the Indonesian government and various countries in the world and the application of other international instruments, such as extradition and confiscation. Then regarding the problem of money laundering in law enforcement, it is necessary to reformulate the authority of the Corruption Eradication Commission or KPK to prosecute money laundering crimes originating from the criminal act of corruption because the Anti-Money Laundering Law has not yet clearly regulated the law enforcers who are authorized to carry out prosecutions for the Crime of Money Laundering. So to overcome this law enforcement problem, it is necessary to reform the money laundering law.