Crime Enforcement Research Articles

Legal Aspects in Handling Criminal Acts in the 2019 Election

This research meticulously examines the legal framework and the procedures involved in addressing election crimes in Indonesia, as outlined in Law No. 7 of 2017, and evaluates the effectiveness of Sentra Gakkumdu, a pivotal coordination forum in the electoral crime enforcement process. The primary objective is to dissect and analyze the legal intricacies and practical challenges in enforcing laws against election crimes, with a spotlight on the ambiguities and potential conflicts within the current system. Through normative legal research methodology, the study delves into the statutory regulations and engages with various primary, secondary, and tertiary legal materials to construct a comprehensive understanding of the election crime handling procedures. It highlights the absence of clear election crime definitions, identifies several weaknesses in Law No. 7 of 2017, and critiques the ambiguous role and limited effectiveness of Sentra Gakkumdu. The paper concludes by calling for significant improvements and clarifications in the existing legal frameworks to ensure fair, efficient, and effective handling of election crimes, thereby bolstering public confidence in the electoral process and upholding the principles of legal certainty and justice in the realm of Indonesian elections.

THE RESTITUTION OF STATE FINANCIAL LOSSES IN LAW ENFORCEMENT AGAINST CORRUPTION CRIME

Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary way according to the procedure for returning and recovering State losses due to corruption. The objectives of this research are: To analyze the return of state losses in the process of law enforcement of corruption crimes, to analyze the recovery of state financial losses resulting from corruption crimes. The method of approach used in this research is normative juridical. Law enforcement in Indonesia, the return of state financial losses must be carried out, and in handling cases of corruption cases with the return of state financial losses, a statement of state losses from the Supreme Audit Agency is required, and there must also be a clear and accurate report so that it can be fulfilled that the state has suffered losses as a result of corruption cases. Law enforcers in recovering state losses due to corruption by maximizing the return of state losses by confiscating and tracing the assets of the defendant or convict, making the convict pay restitution, seeking public support for the eradication of corruption, equipping facilities and infrastructure for the eradication of corruption, regulating the authority of corruption eradication commission prosecutors and public prosecutors who are appointed and dismissed by the corruption eradication commission must be regulated strictly / based on the applicable law.

Corporate criminals in a market context: enforcement and optimal sanctions

By combining approaches from the economic theory of crime and of industrial organization, this paper analyzes optimal enforcement for three different forms of corporate misconduct that harm competition. The analysis shows why corporate crime is more harmful in large markets, why governments have a disinclination to sanction firms whose crime materializes abroad, and why leniency for those who self-report their crime is a complement, and not a substitute, to independent investigation and enforcement. As public authorities rely increasingly on self-reporting by companies to detect cartels, the number of leniency applications is likely to decline, and this is borne out by data. Upon a review of 50 cases of corporate liability from five European countries, competition law enforcement, governed by a unified legal regime, is more efficient than enforcement in bribery and money laundering cases, governed by disparate criminal law regimes. Sanction predictability and transparency are higher when governments cooperate closely with each other in law enforcement, when there are elements of supra-national authority, and when the offense is regulated by a separate legal instrument. Given our results, Europe would benefit from stronger supra-national cooperation in regulation and enforcement of transnational corporate crime, especially for the sake of deterrent penalties against crime committed abroad.

Juridical Analysis of Tax Criminal Law Enforcement: an Overview of Legal Regulations and its Implementation in Indonesia

The purpose of this research is to conduct a juridical analysis of criminal law enforcement in the field of taxation in Indonesia. The focus of this study is to evaluate the effectiveness of legislation and its implementation in combating tax crimes. The research method used is a normative juridical approach by examining legislation related to tax crimes, including tax laws, government regulations, and relevant policies. Additionally, an analysis of the legal practices and enforcement of tax crimes in Indonesia is conducted. The research findings indicate that the legislation in the field of taxation has a strong foundation to address tax crimes. However, there are several challenges in its implementation, such as the complexity of tax regulations, lack of adequate human resources and technology, and corruption issues that can affect tax law enforcement. In this context, the research provides recommendations to strengthen the system of criminal law enforcement in tax matters. The recommendations include improving coordination among relevant institutions, enhancing the capacity of human resources in the field of taxation, utilizing information technology to support supervision and tax law enforcement, and increasing transparency and accountability in the process of tax law enforcement. This research is expected to provide a better understanding of the regulation of tax crimes and contribute to the policy and the legislative reforms related to tax law enforcement in Indonesia?

Optimizing The Role Of The State Administrative Court In Assessing Elements Of Abuse of Authority Based on Law No. 30 of 2014 jo. Supreme Courts No. 4 of 2015

The concept of Abuse of Authority as contained in Law 31/1999 as amended and added to Law 20/2001 concerning the Eradication of Corruption Crimes creates a dualism of understanding. The definition of abuse of authority in criminal law and the definition of abuse of authority in administrative law clearly experience differences in terms of concept and law enforcement. This research describes the concept of abuse of authority from the perspective of administrative law, this research is a normative legal research using statutory and conceptual approaches so that the understanding of abuse of authority and its legal consequences in administrative law, and its relation to the enforcement of corruption crimes can be understood.

Implications of Money Laundering From Corruption Proceeds on The Application of Reverse Evidence in Corruption Crimes

Corruption is one of the Extra Ordinary Crimes because of the difficulty of proving the crime by law enforcement. In the enforcement and eradication of corruption crimes, there are several problems faced, one of which is in settlement of corruption crimes through juridical settlement, namely the existence of an evidentiary process that is considered complex in court and as minimal as possible does not damage the protection and honor of human rights. The United Kingdom and other European countries have used civil channels to return assets resulting from money laundering crimes, while Indonesia is still returning assets from money laundering crimes, meaning there is no return of any assets before a court decision. It takes courage from related law enforcement in the criminal act of money laundering by using the reverse burden of proof in the law of proving money laundering cases. This study aims to determine the application of reverse proof in corruption cases. This research uses normative legal research methods. The results of the study The application of reverse proof requires review because, in reverse proof, the defendant must prove that his property is not a crime of corruption. The application of the reverse proof policy is that most of the assets owned by the bribe giver are not in the name of the briber but have been suspected of money laundering to hide the original identity of the assets derived from the proceeds of corruption.

The Essence of Legal Protection of Personal Data of Customers In Banking Transactions

Introduction: Banks as an institution are not only required to protect customer funds but are also obliged to maintain the confidentiality of customer personal data.Purposes of the Research: This paper aims to examine the regulations governing the protection of customers' personal data and to examine the supervision and law enforcement of the protection of banking customers' personal data.Methods of the Research: This research uses normative legal research methods with a statutory approach, conceptual approach, and case approach. The statutory approach relates to legislation on personal data protection and banking. The conceptual approach relates to the concepts of banking and personal data protection. The case approach relates to cases of supervision and law enforcement of violations or crimes of personal data of banking customers.Results of the Research: The results show that regulations governing customer data protection are contained in various laws and regulations related to personal data protection and banking and other technical regulations. In addition, the study results also show that supervision of the protection of personal data of banking customers has been carried out by three institutions that have supervisory authority, namely Bank Indonesia, the Financial Services Authority, and the Deposit Insurance Corporation. Law enforcement against violations and crimes against customers' personal data still faces challenges, because although there are many cases of crimes using customers' personal data, only a few can be enforced against crimes against customers' personal data.

Legal Analysis of Immigration Detention Efforts in Immigration Criminal Enforcement

This study aims to analyze the legal arrangements for immigration detention efforts in law enforcement of immigration crimes. This research was conducted using empirical research methods conducted in Makassar Immigration Office Class I TPI. Data collection techniques through interviews and literature studies. The data collected is processed and analyzed using qualitative analysis techniques and presented descriptively. The results of this study indicate that: Implementation of immigration detention efforts in law enforcement of immigration crimes is basically set on Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Implementing Regulation of Law Number 6 of 2011 concerning Immigration and Regulation of the Minister of Law and Human Rights Number 39 of 2021 concerning Immigration Crime Investigation Procedures.

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.

The Law Enforcement of Corruption Crimes in Terms of Authority Abuse

The purpose of writing is to find out and analyze law enforcement in the abuse of authority as a source of corruption. To answer the writing questions that have been formulated above, the authors will use the normative research method. In the legislation regarding the crime of corruption, the element of "abuse of authority" has been regulated and is even part of the core of the corruption offense. In Article 3 of Act No. 31 of 1999 in conjunction with Act No. 20 of 2001 concerning the Eradication of Corruption. Furthermore, the element of "abusing the authority, opportunity or means available to him because of his position or position". Abuse of authority is included as an offense of corruption since the Military Ruler Regulation of l957 until now.

Law Enforcement of Corruption Crimes by Village Apparatuses in Village Fund Allocations

Indonesia is still struggling to break free from the shackles of corruption. Corruption does not only occur at the central government level, but corruption also occurs at the village government level. Such a large source of village funding is a consequence of the enactment of the Village Law Number 6 of 2014. The Village Fund (DD) is very likely to become a wetland for village officials/officials to commit acts of corruption. That with very large village funds, it is possible that many village officials take advantage of their power to commit fraud and others The method used by using a normative juridical approach method and supported by empirical juridical approach in the form of support from criminal law experts and law enforcement to support normative juridical data. Approach Normative juridical is done by seeing, analyzing and interpreting matters of a theoretical nature concerning legal principles through search related literature directly or indirectly direct In an effort to tackle the criminal act of corruption in village funds, it CAN be carried out in 2 (two) ways, the first effort is a preventive or non-penal effort. related agencies to carry out investigative audits. The prosecutor can do pro justitia. After conducting the audit, the prosecutor's office wrote to the relevant party, namely the alleged party, in this case the village official, to return the money within 60 days starting from the letter received by the alleged party. If within 60 days the alleged party does not return the money, the prosecutor's office will take repressive v action. in making efforts to overcome criminal acts of corruption, funds should be more inclined to seek repressive measures, although not forgetting that preventive measures themselves are based on pro justitia or have binding legal force.

BENEFICIAL OWNERSHIP TRANSPARENCY IN LAW ENFORCEMENT OF MONEY LAUNDERING ACT INVOLVING CORPORATIONS

Corporations have an important role in economic growth and national development. In corporate practice, there are times when committing criminal acts of money laundering that have a detrimental impact on the state and society. The corporation has the potential to become a means to commit criminal acts of money laundering with the aim of benefiting (beneficial owner). Thedistribution of beneficial owner information is an effort to realize corporate sustainability. Consistency of beneficial ownership transparency is needed to ensure law enforcement of money laundering crimes involving corporations. The purpose of this study is to find the role of beneficial owners in the misuse of corporations as a medium for money laundering crimes in Indonesia. This research method uses a normative juridical approach that focuses on data collection techniques in the form of secondary data which is also supported by interviews. The research specifications are descriptive analytical, with literature studies and field studies being the research stage, then the data is analyzed qualitatively. The results of the analysis show that the position of beneficial owners in the corporation can in practice control the corporation to carry out money laundering actions, which then the proceeds from the money laundering are enjoyed by the beneficial owner. Transparency of beneficial owner information is part of the framework of the principles of prevention and eradication of money laundering. Transparency of beneficial owner information can ensure the implementation of practices and concept development that is used as a means of orientation in the prevention and eradication of money laundering crimes involving corporations.

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

The 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 prosecuting 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). Corruption for civil servants and state administrators is a criminal act that can only be committed by people 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 an investigation process will then carry out 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 public prosecutor can prosecute the case, then the public prosecutor makes an indictment.

Law Enforcement Against Criminal Acts Local Elections by Gakkumdu

The election of the Regional Head of Padang Pariaman Regency as a form of democracy must be carried out in accordance with the provisions of the legislation, but in the process of its implementation it cannot be separated from various actions that can harm a lot of people, and the integrity of the implementation of the Regional Election. In this case, the integrated law enforcement center (Gakkumdu) enforces the law on the crime of regional head elections. The research method used in this study is empirical juridical. Based on the results of the study, it can be concluded: Law enforcement against criminal acts of integrated law enforcement centers in handling criminal acts for the election of the head of Padang Pariaman region is ineffective because of the 3 (three) findings of criminal cases handled there are no cases has reached the court level, all cases stop on the second discussion of Sentra Gakkumdu. The obstacles faced in law enforcement of criminal acts are associated with factors that affect law enforcement consisting of 5 (five) namely legal factors, law enforcement, facilities and facilities, society, and culture. To overcome obstacles by the integrated law enforcement center in law enforcement of regional election crimes is to carry out its duties as a law enforcement holder without any internal and external influence of a policy with the aim that the democratic process runs with the creation of justice, safely, and peacefully.

Globalization of White-Collar Crime: Far and Beyond National Jurisdictions

The goal of the paper is to research the modern phenomenon of global white-collar crime, its socially harmful forms and to discuss methods of fighting such criminality internationally. In the course of the research, several general and special scientific methods were used. Special focus was laid on comparing models of enforcing economic crimes in different jurisdictions. A general overview of today’s interconnected economic systems is provided. A link between economic security and national (including information) security is explained. With reference to numerous publications on the issues of white-collar crime it is suggested that this topic is of significant practical meaning to national governments. Based on the example of several white-collar crimes, including tax evasion, money laundering and insider trading, a conclusion was made on the complexity of prosecuting economic offenses, when criminal activity goes beyond any national jurisdiction. Challenges of procedural nature, which relate to investigation and prosecution of such crimes, are discussed as well. As a general conclusion, it is argued that modern phenomenon of economic globalization significantly underlines the importance of the implementation of comparative, multi-jurisdictional research into the field of white-collar crime enforcement.

Law Enforcement of Corruption Crimes in the State-Owned Enterprises Sector in Indonesia

Corruption often occurs in public service institutions, especially BUMN. This research was conducted to examine corruption in the BUMN sector with the Aristotelian ethical theory. Aristoteles theory of ethics serves to deliver humans to achieve the highest goals of their lives through ratios and make humans the main humans. This study uses a normative juridical research method in which the use of this method uses a conceptual approach and legislation. Regarding the conclusions obtained from this research, the definition of corruption is that it is a matter of moral deviation from a moral problem in humans. Therefore, law and the economy are not the main factors that encourage corruption in the BUMN sector. In the abuse of power in the BUMN sector which is the starting point for corruption, it is clear that there is a moral charge in this case, an element of intent. Thus, it is clear that corruption is closely related to moral issues in humans, in this case, BUMN officials. This is where the portrait of Aristotle's ethical philosophy is very visible in the phenomenon of corruption in the BUMN sector in Indonesia.

The urgency of law reforms on economic crimes in Indonesia

The Indonesia’s economy has experienced rapid and massive development. Even after its contraction due to the pandemic in 2020, the economic growth of Indonesia is still highly significant. Digital transactions play an important role in the economic development. However, the economic growth may potentially lead to considerable number of economic crimes. To deal with them, the penal policy on economic crimes has not been developed according to the growth. The disparity among criminal provisions in economic sectors results in legal uncertainty in the enforcement of economic crimes. This research aims to shed a light on the current penal policy on economic crimes and the urgency of the reform on the economic criminal law. It is concluded that the Economic Crimes Law 1955 is no longer relevant to eradicate economic crimes in Indonesia. Furthermore, Indonesia Penal Code is far left behind by the current economic development. Therefore, a far-reaching reform is necessary. The partial reform of economic criminal law through various legislations has resulted in the legal uncertainty. For instance, they embrace different corporate criminal liability and sentencing principles. Hence, it is important to formulate a law on the principles of economic criminal law applying to all economic crimes.

Studies of problems of agrarian law (based on the works of O.L. Dubovik and other professors)

The state and development of the socio-economic situation in the country depends on various factors, including scientific support, qualified preparation and implementation of legislative acts. The interdisciplinary approach to the theoretical consideration of the problems of agrarian, land, environmental, international and other branches of law, conducting comparative legal studies of Russian legislation and legislation of foreign countries, supranational entities bring success. The logic and versatility of studying trends in changes in legal life, the timeliness and adequacy of responding to them are conditioned by studies of constitutional, civil, administrative, criminal, and other rules, norms and principles that make up a complex, integrating a variety of legal institutions and categories of agrarian legislation. It has its own subject, specific methods of regulation, a coherent set of regulatory legal acts. The interaction of legal science and legal realization in the field of ensuring food security and independence of the country is achieved by discussing and trying to solve emerging issues of a tactical and strategic nature at international and All-Russian scientific and practical conferences that receive rapid application, implementation, and operational reflection in the media. In different periods of the development of the agro–industrial complex, the most pressing problems of legal regulation were put forward for consideration - the delimitation and protection of property rights, the organization and improvement of the efficiency of agricultural production, affordable forms of land management and registration of real estate, administrative and criminal legal means of ensuring freedom of economic activity not prohibited by law. For half a century, topical theoretical and legal and applied problems in the field of agrarian, land, environmental law have been considered by O.L. Dubovik, Doctor of Law, Professor of the Institute of State and Law of the Russian Academy of Sciences. She is known for numerous in-depth consistent developments of lawmaking, mechanisms of law enforcement, effectiveness of law enforcement, prevention and suppression of corruption, crimes, and other offenses.

Beneficial ownership transparency strategy in law enforcement of the money laundering act involving corporations

Corporations play an important role in economic growth and national development. The corporation has the potential to become a means to commit criminal acts of money laundering with the aim of benefiting (beneficial owner). The distribution of beneficial owner information is an effort to realize corporate sustainability. Consistency of beneficial ownership transparency is needed to ensure law enforcement of money laundering crimes involving corporations. The purpose of this study is to find the role of beneficial owners in the misuse of corporations as a mediator for money laundering crimes in Indonesia. This research method uses a normative juridical approach that focuses on data collection techniques, descriptive, and analytical, with literature studies and field studies being the research stage, then the data is analyzed qualitatively. The results of the analysis show that transparency of beneficial owner information is part of the framework of the principles of prevention and eradication of money laundering. Transparency of beneficial owner information can ensure the implementation of practices and concept development that is used as a means of orientation in the prevention and eradication of money laundering crimes involving corporations.