Corruption Eradication Research Articles

Penguatan Kepastian Hukum Kewenangan Kejaksaan Sebagai Penyidik dalam Tindak Pidana Korupsi Sidang Perkara Nomor 28/Puu-Xxi/2023

Corruption cases in Indonesia still really need attention considering that the consequences can be detrimental to the state and society. Handling the eradication of corruption is then carried out by several state institutions which are given direct authority by law, one of which is through the Prosecutor's Office of the Republic of Indonesia. Legal certainty of authority is very necessary to create harmony between government institutions and avoid overlapping authority. Furthermore, in writing this article, we used an approach method, namely an empirical method with descriptive analytical research specifications. The formulation of the problem raised in this article is regarding legal certainty in strengthening the prosecutor's office as an investigator in criminal acts of corruption. Furthermore, the purpose of this article is to analyze legal certainty or the legal standing of the authority of the prosecutor's office as an investigator in criminal acts of corruption. The authority of the Prosecutor's Office is contained in Article 30 paragraph (1) letter d of Law 5 of 1991 concerning the Prosecutor's Office of the Republic of Indonesia which was later declared invalid by Law 16 of 2004 in conjunction with Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia. Then in Article 26 of Law no. 19 of 2019 Second amendment to UU No. 31 of 1999 concerning Corruption Crimes.

Ius Constituendum on the Doctrine of Unlawful Nature in the Law on the Eradication of Corruption After the Constitutional Court Decision Number 003/PUU-IV/2006

The unlawful teachings in the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption have been considered by the Constitutional Court as a norm that is contrary to the Constitution of the Republic of Indonesia in 1945, and does not have binding legal force. This condition has legal implications for the meaning of unlawful elements in Article 2 paragraph (1) of the Law on the Eradication of Corruption, becoming vague (vague norm). The purpose of this study is to analyze the unlawful teachings in the Law on the Eradication of Corruption in Ius Constituendum. This research uses normative legal research, which formulates the aspired law (ius constituendum) on the meaning of the element against the law (wederrechtelijkeheid) in the Corruption Eradication Law after the Constitutional Court Decision Number 003/PUU-IV/2006. The results of the discussion show that by assessing the basis of the Constitutional Court's legal considerations (ratio decidendi) Number 003/PUU-IV/2006. The cancellation of the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption which adheres to the teachings of the nature of the act of violating formal and material laws, because it is considered that the concept of materiele wederechtelijk, which refers to unwritten law, is an uncertain measure. The unlawful element in Article 2 paragraph (1) of the Law on the Eradication of Corruption Crimes is still interpreted as against formiele wedderechtelijkeheid and against materiele wedderecjhtelijkeheid in its negative function. As for its positive function, it must be considered contrary to the principle of protection and fair legal certainty regulated in Article 28D of the 1945 Constitution.

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

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

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

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

THE ANALYSIS OF THE AUTHORITY OF THE CORRUPTION ERADICATION COMMISSION IN CONDUCTING STING OPERATIONS

The state suffers losses as a result of corrupt practices. The general populace shares the state's concern over this crime. The state and public are experiencing instability, and the Corruption Eradication Commission's position and power are crucial in overcoming and minimizing this. So, a sting operation is one of the things the Corruption Eradication Commission does. In this instance, it's important to consider not just the procedures followed by the Corruption Eradication Commission during sting operations, but also the operation's legal foundation and any elements that may have impeded its success. Opponents of the OTT point out that the Criminal Procedure Code only uses the phrase "caught red-handed," which they believe to be inadequate. The distinction thus leads one to the conclusion that being caught red-handed is indeed unlawful. I perceive a logical error in reasoning with respect to this issue. Although this phrase is not used in any Indonesian statute, it is true that the Criminal Procedure Code does not recognize it either. But that doesn't imply the operation is inherently unlawful.

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

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

Changes in Pretrial Authority through the Decision of the Constitutional Court

Pretrial authority underwent changes in authority through the Constitutional Court Decision. This research aims to examine and analyze several judicial reviews of pretrial objects, consisting of Constitutional Court Decision Number 21/PUU-XII/2014, Constitutional Court Decision Number 109/PUU-XIII/2015, Constitutional Court Decision Number 102/PUU-XIII/ 2015 & Constitutional Court Decision Number 130/PUU-XIII/2015, which as a whole, the a quo decision changes pre-trial authority. The formulation of the problem in this research is 1). What is the role of the Constitutional Court in making legal breakthroughs regarding pretrial? 2). What are the dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority? The research method used in this research uses doctrinal legal research methodology. This research concludes that: 1). The role of the Constitutional Court in making legal breakthroughs regarding pre-trial can be seen in, first: the Constitutional Court determines that the determination of suspects is included in the object of pre-trial. Second: The Constitutional Court limits the scope of pre-trial material law to the position of KPK investigators which cannot be equated with POLRI investigators, that KPK investigators stand alone with Law no. 30 of 2003 as amended in Law no. 19 of 2019 concerning the Corruption Eradication Commission. Third: ending the multiple interpretations of judges, discontinuing pre-trial applications when the case has been examined or entered the main case. Fourth: the submission of a notification letter for the start of an investigation is extended not only to the public prosecutor, but also to the suspect and the reporter/victim. 2). The dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority, namely related to pre-trial authority in determining suspects, the dismissal of pre-trial petitions, the submission of SPDP, the entire Constitutional Court's decision has not been followed up in the form of a revision of the law

Pertanggungjawaban Pidana Pelaku Pemberian Izin Ekspor Benih Lobster (Studi Putusan Pengadilan Negeri Jakarta Pusat Nomor 26/Pid.Sus-TPK/2021/PN Jkt.Pst)

This research examines the criminal liability of perpetrators granting lobster seed export permits, with a focus on the corruption case involving the former Minister of Maritime Affairs and Fisheries, Edhy Prabowo. The aim of the research is to analyze forms of abuse of authority and criminal liability that can be imposed on perpetrators. The research method used is normative juridical with a statutory and case approach. The results of the research show that Edhy Prabowo's actions were proven to violate Article 12 letter a of the Corruption Eradication Law jo. Article 55 paragraph (1) 1st jo. Article 65 paragraph (1) of the Criminal Code. The abuse of authority took the form of issuing permits to export lobster seeds unlawfully for personal and certain group interests. The criminal liability imposed includes imprisonment for 5 years, a fine of IDR 400 million subsidiary to 6 months in prison, revocation of political rights for 3 years after serving the principal sentence, and payment of compensation of IDR 9.6 billion and $77,000. There are aggravating reasons because corruption was carried out while serving as a public official and during the Covid-19 pandemic. This case shows the importance of strengthening the supervisory system in granting export permits as well as strict law enforcement to provide a deterrent effect. This research recommends increasing understanding of regulations for state officials and implementing appropriate punishments for perpetrators of corruption to ensure the sustainability of domestic fisheries and the Indonesian fisheries ecosystem.

Corruption Eradication in Four Asian Countries: A Comparative Legal Analysis

Corruption Eradication in Four Asian Countries: A Comparative Legal Analysis

The aid-corruption paradox in development: An examination of provinces in Indonesia

The relationship between aid and corruption remains ambiguous. On the one hand, aid may benefit a country if the aid management system runs efficiently and transparently. On the other hand, aid tends to create new problems, namely corruption, especially in developing countries. This research examines the aid-corruption paradox in Indonesian provinces from a spatial perspective. The data was obtained from the Indonesian Ministry of Finance, the National Development Planning Agency of Indonesia, the Corruption Eradication Commission of Indonesia, and the Electronic Procurement Service, referring to 34 Indonesian provinces between 2011 and 2019. The research applies the spatial panel method and uses Haversine distance to construct the weighted matrix. The spatial error model (SEM) is the best for Model 1 (Grants) and Model 2 (Loans) and the best corruption model in Model 3 (Gratification). The spatial autoregressive model (SAR) is the best approach for Model 4 (Public Complaints) and Model 5 (Corruption). The findings show that there is no spatial dependence between provinces in Indonesia in terms of grants or loans. However, corruption in Indonesia is widespread.

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

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

Anti-Corruption Efforts in Regional Police Departments: The Role of Regional Inspectorate Supervision Based on Justice Values

This study explores how effective oversight can enhance the utilization of state apparatus for achieving good and clean governance, specifically focusing on the role of regional inspectorates in preventing corruption within regional police departments. The study aims to: 1) analyze why current regulations regarding the regional inspectorate's role in corruption prevention are not based on justice values; 2) identify challenges in these regulations; and 3) propose a reconstruction of the regulations to align with justice values. Using a constructivist paradigm, a socio-legal approach, and descriptive research methods, the study relies on secondary data sources, including primary, secondary, and tertiary legal materials. Data collection is conducted through a literature review, and qualitative analysis is employed for data interpretation. The findings reveal that the current regulation is not justice-aligned due to the supervisory function of the Regional Inspectorate (Itwasda) being under the authority of the Regional Police Chief (Kapolda), rather than the National Police Chief (Kapolri). This structure limits the effectiveness of oversight and suggests the need for a direct reporting line to National Police Chief. Challenges in the existing framework include a lack of specific legal guidelines governing the inspectorate's role in corruption prevention and insufficient synergy between organizational sections and Supervision Inspectorate. Furthermore, there is a cultural reluctance to report corruption. The study proposes reconstructing the regulation to ensure a justice-based framework, including normative revisions to relevant laws and regulations, such as Law No. 20 of 2001 on the Amendment of Law No. 31 of 1999 on Corruption Eradication, and Indonesian National Police Regulation No. 14 of 2018. This reconstruction aims to establish a clearer, more effective oversight mechanism that enhances the inspectorate's role in corruption prevention.

The Taliban Are Coming! How Intra-Oligarchic Conflict Proliferates Computational Propaganda in Indonesia

ABSTRACT This study examines online propaganda against fifty-seven former employees of the Indonesian Corruption Eradication Commission (Komisi Pemberantasan Korupsi, KPK). This propaganda, which centered on false allegations that these employees were radical Muslims similar to the Taliban, was used as a pretext to fire them after they had failed a controversial compulsory civics test. Using Gramscian concepts of civil society and the political economy of communication, this study argues that the rise of computational propaganda in Indonesia reflects fundamental conflicts over state power and economic resources within the spheres of civil and political society. The campaign to portray KPK employees as Taliban members was the digital corollary of a political struggle among oligarchic elites over control of the anti-corruption agency as an instrument to advance their political aims. This article showcases how intra-oligarchic struggles have shaped the formation of public opinion about the KPK, a key aspect of reform, and examines their longstanding attempt to enforce oligarchic hegemony. It challenges existing studies on computational propaganda that foreground the nature of the state, or regime type, and the state’s adaptability to information technology.

STRATEGI PEMERINTAH DAERAH KABUPATEN BANYUMAS DALAM MENCEGAH KORUPSI ANGGARAN PENDAPATAN DAN BELANJA DAERAH (APBD) DI KABUPATEN BANYUMAS

Abstrak . Banyumas Regency is one of the regencies that received the highest ranking for corruption prevention. According to the Corruption Eradication Commission's Monitoring Center for Prevention (MCP) corruption prevention instrument, Banyumas Regency is ranked sixth at the national level with an index of 95.79. This research was conducted to find out the strategies of the Banyumas Regency Regional Government in preventing corruption of the Regional Budget (APBD) in Banyumas Regency and the obstacles of the Banyumas Regency Regional Government in implementing strategies to prevent corruption of the Regional Budget (APBD) in Banyumas Regency. The research method used is normative juridical using secondary data sources and primary data sources in the form of data from interviews with the Banyumas Regency local government consisting of the Regional Secretariat of the Legal Section and the Banyumas Regency Regional Inspectorate. Based on the results of the study, that the strategies and effective efforts of the Banyumas Regency local government in preventing corruption of the Regional Budget (APBD) in Banyumas Regency can be done through the establishment of regulations, handling conflicts of interest, fostering the State Civil Apparatus (ASN), using the Monitoring Center for Prevention (MCP), using the Whistleblowing System (WBS), using complaint stalls, conducting investigative audits, implementing the Government Internal Control System (SPIP), and carry out the duties and functions of local government on the regional revenue and expenditure budget (APBD). The obstacles of The Banyumas Regency Regional Government in preventing Corruption in the Regional Budget (APBD) in Banyumas Regency include delays in the implementation of activity schedules, the effectiveness of regulations, and the incompatibility of public complaints. Keyword: Corruption, APBD, Banyumas Regency.

Juridical Review of the Phrase "Unlawful" in Decisions on Corruption Crimes in State-Owned Legal Entities

In several court decisions in cases of criminal acts of corruption in State-Owned Enterprises (SOE), the phrase "against the law" is in Article 2 paragraph 1 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended based on Law Number 20 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes (Anti Corruption Act) is interpreted broadly by referring to the explanation of these regulations. Because it relates to an offense, the phrase "against the law" should be interpreted by taking into account the principle of legality, the principle of nullum delictum nulla poena sine previa lege poenali. The use of a broad interpretation of the phrase "against the law" results in unclear differences between unlawful acts in the context of civil law and (onrechtmatige daad) and unlawful acts in the context of criminal law (wederrechtelijkheid). This results in the risk of criminalization of SOE officials, giving rise to fear in making business decisions. The formulation of the problem in this research is how to interpret the phrase "against the law" in article 2 paragraph (1) of the Corruption Law when it is related to cases of criminal acts of corruption in SOE and what is the judge's interpretation of the phrase "against the law" in decisions court for criminal acts of corruption in SOE. The research method used is a research method with a normative juridical approach. The results of the research show that the phrase "against the law" is interpreted broadly in the explanation of article 2 paragraph (1) of the Corruption Law, and judges in several corruption crime decisions interpreted the phrase "against the law" broadly, resulting in violations of the Standard Operating Procedure, Work Plan and The Company's Articles and other internal company regulations are interpreted as unlawful acts that can be considered a criminal act of corruption.

Integration of Islamic Values in Anti-Corruption (A Secondary Data Study on Public Perception of Corruption and Religion)

This study examines the acceptance of Indonesia society towards the integration of Islamic values in corruption eradication policies. Through secondary data in the form of research survey data, this paper aims to explore the public's knowledge about Islamic values related to anti-corruption, their views on the effectiveness of Islamic values-based policies, and the level of support for the integration of these values in public policy. The survey results showed that the majority of respondents had a fairly good knowledge of relevant Islamic values, such as honesty (ash-shidq), justice (al-adl), and amanah. Most respondents believe that anti-corruption policies based on Islamic values will be more effective, with high support for the integration of these values. However, there are concerns regarding the consistency of implementation and the potential for politicization of religious values. This research suggests improving education and socialization of Islamic values, consistency in policy implementation, and collaboration with religious institutions as strategic steps to strengthen the eradication of corruption in Indonesia.

Illicit Enrichment in Corruption Eradication in Indonesia: A Future Strategy

Corruption crimes in Indonesia are on the rise, particularly through illicit enrichment where individuals accumulate wealth outside of legitimate income. Although Indonesia has ratified the United Nations Convention Against Corruption (UNCAC), the specific issue of illicit enrichment outlined in Article 20 has yet to be implemented in national legislation. This article aims to investigate current and potential future strategies to combat such corruption. The research is a normative study using a comparative law approach and corpus-based critical analysis to assess Indonesia's anti-corruption efforts, explore the international standards set by illicit enrichment regulations, and draw lessons from the unexplained wealth laws in the United Kingdom and Australia. This research concludes that Indonesia has ratified UNCAC, but illicit enrichment in Article 20 of UNCAC has not been regulated in the law, so the practice of corruption is still so massive. To overcome this, strategic steps are needed in the future, such as revising the corruption law to include illicit enrichment regulations, optimizing institutions through bureaucratic reform, and activating community participation. Therefore, these three steps are very important in implementing the Illicit Enrichment regulation in advancing the corruption eradication agenda in Indonesia in the future.

Judges' Consideration of Corruption Offenses that Return and Do Not Return Part of the State Financial Losses

This research aims to mAnalyze the basis of the judge's consideration in resolving criminal acts of corruption against defendants who return and do not return state financial losses in Decision Number: 18/Pid.Sus-TPK/2022/PN.Tjk and 14/Pid.Sus-TPK/2023/PN .Tjk and analyze the sentences imposed by judges for criminal acts of corruption on defendants who return and do not return state financial losses in accordance with a sense of justice. The type of research used is normative research with a p approachlegislative, conceptual and case study approaches. The data used is primary data and secondary data.Data analysis was carried out using legal interpretation. The results of this research show that the basis for the judge's considerations in resolving criminal acts of corruption against defendants who return and do not return state financial losses judicially is that the defendant's actions are legally and convincingly proven to have committed the criminal act of corruption Article 3 Jo. Article 18 Paragraph (1) letter b of the Corruption Eradication Law.

Anti-Corruption Activism on Social Media: Public Voices against the Weakening of the Corruption Eradication Committee (KPK) in the Joko Widodo Era

Joko Widodo's commitment in terms of eradicating corruption in Indonesia is very low, this is shown through the neglect of public voices on social media in the discourse of weakening the KPK. This study aims to explain the widespread public rejection of all efforts to weaken the KPK and analyze the factors that cause the government to choose to be ambiguous and lead to neglect. This research uses observation methods, documentation, literature studies and big data analysis. The study presents a different perspective from research that has discussed social media activism towards the weakening of anti-corruption institutions in Indonesia. The results of this study found that anti-corruption activism on social media was effective, such as the use of hashtags, coherent logic and credible actors, contributing to the rejection of the revision of the KPK Law and the dismissal of KPK employees through the National Insight Test. However, the massive anti-corruption movement on social media has no impact on the Joko Widodo administration's policymaking in the field of eradicating corruption, this paper also reveals the strong dominance of the political elite in policy making. The conclusion of this article is that the effectiveness of movements on social media to cause public unrest does not necessarily have an impact on decision-making made by state organizers.

LAW ENFORCEMENT EFFORTS AGAINST CORRUPTION CRIMINAL ACTS IN INDONESIA

Corruption in Indonesia is a complex and profound problem, hindering development and damaging public trust in state institutions. Law enforcement efforts against corruption have been regulated in various regulations, including Law No. 31 of 1999 concerning the Eradication of Corruption, and strengthened by the existence of the Corruption Eradication Commission (KPK). Although the legal framework has been prepared, significant challenges are still faced, such as low human resource capacity, lack of coordination between institutions, and an internalized culture of corruption. The formulation of the problem is 1) How is transparency regulated in preventing corruption? 2) What are the obstacles to transparency in efforts to prevent corruption in government? The research method used is normative juridical. The results of the study show that Indonesia still faces great difficulties in eradicating corruption. Although there have been various efforts, the increase in cases and state losses caused by corruption are still a major problem in Indonesia. There are regulations and policies to overcome corruption and punish perpetrators of corruption, but the implementation of regulations and policies still has many shortcomings so that their effectiveness has not been felt greatly.