Handling Corruption Cases Research Articles

Legal Enforcement of Corruption Criminal Act PT Asuransi Jiwasraya (Case Study of Decision 2931 K/Pid. Sus/2021)

This study aims to evaluate the judicial decision in the corruption case involving PT Asuransi Jiwasraya (Persero) based on Verdict Number 2935 K/Pid.Sus/2021, as well as examine the liability of insurance companies in cases of policy payment failures. The research employs a normative legal method with a statute approach, relying on secondary data from documents and legal literature. Data analysis is conducted qualitatively by categorizing and selecting data, which is then analyzed deductively and presented descriptively. The findings indicate that the judge in Verdict Number 2935 K/Pid.Sus/2021 affirmed the legal violations that harmed the policyholders. The liability of the insurance company can be addressed preventively through regulations that provide legal certainty and repressively through criminal law enforcement and civil lawsuits by policyholders for PT Asuransi Jiwasraya (Persero)’s default. Law enforcement authorities are expected to be more proactive and stringent in handling corruption cases, and the government needs to enhance regulations related to policyholder protection, including the establishment of a Policy Guarantee Institution Act. Educating the public about their rights as insurance policyholders is also crucial for raising awareness and vigilance. Further research is necessary to explore the factors contributing to insurance companies’ failures to fulfill their obligations and the effectiveness of existing regulations. Implementing these recommendations is anticipated to create a more just and transparent legal environment, providing better protection for the public.

Reconstruction of The Restitution Concept In Handling Corruption Cases

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph"><em>This research focuses on the reconstruction of the concept of restitution in handling corruption cases. restitution sanction is one of the sanctions that only exists in corruption crimes. this sanction has special characteristics in accordance with the spirit of eradicating corruption crimes, namely restoring state losses. the issues raised in this research are about the portrait of the construction of additional criminal sanctions for restitution payments in the Anti- Corruption law and the analysis of the reformulation of criminal sanctions for restitution payments in the Anti-Corruption law as criminal law reform. this research uses the normative legal research method of jurisprudence, with a qualitative approach to concepts, statutes and doctrines. The conclusion of the research is that the imposition of restitution payments in the eradication of corruption as stipulated in Article 18 of the Law on the Eradication of Corruption is a means that can be applied to realize recovery efforts or recovery of state finances caused by criminal acts of corruption, The payment of restitution is imposed on the perpetrator of the crime of corruption in the amount of property obtained from the crime of corruption and the amount of property that has been transferred by the perpetrator to another party where the other party is not prosecuted and does not commit an illegal act of criminal law must still be sanctioned by restitution and the sanctioning of the perpetrator of the crime of corruption must use the classification of the perpetrator in the category of the position being held. In addition, the indictment against the crime of corruption must be accompanied by the formulation of a request for restitution sanctions against the perpetrators of corruption.</em></p></td></tr></tbody></table>

The Role of the Prosecutor's Office in Resolving Criminal Corruption Cases

The Prosecutor's Office plays a crucial role in the functioning of the legal system. However, in reality, the Corruption Court is still located in every provincial capital in Indonesia, which often results in high costs for resolving corruption cases which are sometimes disproportionate to the losses they cause to the state. The author of this research focuses on analyzing circular letters belonging to the Deputy Attorney General for Special Crimes by linking the theory of Legal Economic Analysis as a form of consideration and also explaining how the Prosecutional Office applies a restorative justice approach. The research contributes to the topic discussed by evaluating the policy's significance and the prosecutor-office's role in handling corruption cases through the application of restorive justice principles. This study also aims to provide an overview of the challenges and technical legal issues faced by the public prosecutor in carrying out their responsibility to recover funds and/or state assets.

Cacat Mekanisme Pelaksanaan Revisi UU KPK 2019 dan Perbandingan Substansi serta Dampak Terhadap Kinerja KPK

This article examines the negative impact of the implementation of the revision of Law Number 19 of 2019 on the Corruption Eradication Commission (KPK) in Indonesia. The main focus is on a substantive comparison between the revised KPK Law and previous laws, highlighting significant changes in the KPK's leadership selection mechanism, authority and independence. This research also analyzes the impact of these revisions on the performance and performance of the Corruption Eradication Commission, including changes in organizational structure, transfer of authority, and the impact on handling corruption cases. This evaluation provides critical insight into these legal changes, with the hope of providing a better understanding of the challenges faced by the Corruption Eradication Commission in carrying out its crucial mission of eradicating corruption. These results can aim to identify errors in the formation of the revision of the Corruption Eradication Commission Law which was initiated in 2019 using a regulatory approach to the formation of legislation. This article was written normatively, namely a research method that focuses on the analysis of legal documents or literature as the main source. This method does not involve collecting primary data, but instead focuses on the study and interpretation of legal texts or related literature. These results are then closed with suggestions and recommendations given so that the revision of the Corruption Eradication Committee Law that has been attempted does not become an arbitrary legal instrument but remains a good implementation so as to create a climate of good governance for the legal atmosphere in Indonesia.

The Urgency of Terminating Investigations in Handling Corruption Cases in the Jurisdiction of the High Prosecutor's Office South Sulawesi

Objective: This study aims to investigate the urgency of terminating investigations in handling corruption cases within the jurisdiction of the High Prosecutor's Office South Sulawesi. It seeks to identify the factors influencing the decision to terminate investigations, evaluate the effectiveness of such decisions, and propose recommendations for improvement. Methodology: A mixed-methods approach is employed, combining quantitative analysis of case data with qualitative examination of legal documents and interviews with legal practitioners. Data is collected from corruption case files, legal statutes, and interviews with prosecutors and anti-corruption experts. Theoretical Framework: Theoretical Framework adopts a normative case study approach as the main method to understand and analyse the urgency of stopping investigations in handling corruption cases in the jurisdiction of the South Sulawesi High Prosecutor's Office. In this context, the main focus of the research is on the concept of law as a norm or rule that applies in society, which guides the behaviour of each individual. Normative legal research, in essence, aims to identify, analyse and evaluate various legal aspects relevant to the termination of investigations in corruption cases. This includes an in-depth study of legal regulations, legal principles, and legal doctrines related to the investigation termination process. Conclussion: The urgency of halting investigations into corruption cases lies in efforts to recover and restore state finances, as outlined in Article 109 paragraph (2) of the Criminal Procedure Code. Reasons for terminating investigations include insufficient evidence, absence of criminal offense, and adherence to legal principles. Investigators possess the authority to issue Investigator's Termination Orders, particularly in cases where no unlawful acts, strong evidence, or state losses are found. The application of Restorative Justice facilitates the return of state losses by corruption perpetrators while maintaining criminal sanctions against them.

Benefits of Collaboration Between the Corruption Eradication Commission of the Republic of Indonesia and Higher Education Institutions in Monitoring Corruption Crime Trials for Higher Education Institutions and Courts

In order to create a clean and transparent judiciary as a form of achieving legal objectives (certainty, usefulness and justice) the Indonesian Corruption Eradication Commission is collaborating with several universities throughout Indonesia to carry out audio and visual recording of Corruption Crime trials. The aim of this activity, apart from being a form of monitoring from the judicial side, is also to be used as study material for students involved in this recording activity to deepen their study of criminal procedural law. This research produces a study in the form of empirical data on the benefits of recording corruption trials. In the research, it was stated that this trial monitoring activity was systematically carried out because in legal substance it had received legal recognition. The results of the study found that the implementation of KPK supervision in handling corruption cases in the regions was able to be realized well.

Developing the integrity of corruption crime judges: evidence in Indonesia

This research seeks to further investigate issues pertaining to enhancing the integrity of judges handling corruption cases in Indonesia. The research employs a normative juridical perspective and utilizes a qualitative method that is descriptive and analytical in character. This method aims to objectively describe the relationship between a phenomena, idea, data, or fact. The data collection methods involved conducting library research and analyzing primary, secondary, and tertiary legal sources, including scientific contributions published in academic research databases. Meanwhile, the research employs descriptive qualitative analysis for data analysis. Research indicates that it is imperative to cultivate the integrity of judges involved in corruption cases, as judges play a pivotal role in ensuring a fair and responsible legal system. A judge who possesses integrity in cases involving corruption is characterized by intellectual honesty, a commitment to prioritize their judicial responsibilities over personal interests, adherence to the law, astuteness in interpersonal interactions and other endeavors, adeptness in managing personal funds, and a rigorous and meticulous approach. Perform judicial responsibilities to establish an organizational culture rooted in the principle of absolute intolerance against criminal acts of corruption, bribery, and violations of laws and regulations. Thus, by enhancing the integrity of judges involved in corruption cases in Indonesia through the implementation of human resource management characteristics, it is expected that the impartiality and responsibility of judges in handling corruption cases would be considered to fulfill the standards of fairness and legal assurance. Therefore, it is anticipated that the results of this study will have a beneficial impact on upholding and enhancing the integrity and prestige of judges and the judicial system in Indonesia with regards to corruption offenses.

Reversal of Burden Proof as a Reform of Criminal Law Eradicate Money Laundering

One of the efforts of the Indonesian government in reducing money laundering is to pay special attention in terms of proof, namely with the reverse proof system. Over time, the reversed proof system in the Corruption Law is still regulated even though the Corruption Law has undergone many changes. Although it has been included in positive law, in practice this proof is not applied thoroughly and there are still obstacles in its application. This research seeks to answer in what cases the reverse burden of proof is applied and what are the obstacles in its application. This type of research is normative juridical. The results of the study resulted in the merging of corruption cases with money laundering can be considered to provide its own advantages in handling corruption cases. More actors are ensnared including corporations. Maximum punishment, streamlining the return of state assets can impoverish corruptors. Legal culture that has not adapted to the new system, reverse evidence is not clearly regulated in the law.

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

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

Benefits of Collaboration Between the Corruption Eradication Commission of the Republic of Indonesia and Higher Education Institutions in Monitoring Corruption Crime Trials for Higher Education Institutions and Courts

In order to create a clean and transparent judiciary as a form of achieving legal objectives (certainty, usefulness and justice), the Indonesian Corruption Eradication Commission collaborates with several universities throughout Indonesia to carry out audio and visual recording of Corruption Crime trials. The aim of this activity, apart from being a form of monitoring from the judicial side, is also to be used as study material for students involved in this recording activity to deepen their study of criminal procedural law. This research produces a study in the form of empirical data on the benefits of recording corruption trials. In the research, it was stated that this trial monitoring activity was systematically carried out because in legal substance it had received legal recognition. The results of the study found that the implementation of KPK supervision in handling corruption cases in the regions was able to be realized well.

Implikasi Pandemi Covid-19 Terhadap Penanganan Tindak Pidana Korupsi Oleh Kejaksaan

The crime of corruption is included in a special crime, regulated by a special law, namely Law Number 31 of 1999 as amended by Law Number 20 of 2001. However, based on data on the performance achievements of the Attorney General's Office of the Republic of Indonesia in December 2020, it is explained that the process of handling corruption crimes has not yet reached the performance target at each stage of handling corruption cases, besides that the level of public satisfaction with the performance of the Attorney General is ranked fourth. It is important to study the obstacles and barriers. Obstacles in the handling of corruption cases that occur at the investigation stage, the number of personnel is not balanced with the high workload so that additional professional personnel are needed. obstacles in the process of handling corruption crimes due to the Covid-19 pandemic outbreak which hindered the process so that it was not resolved on time.

Intentionally Changing Everything: Deliberate Constructing in Corruption Case

Handling corruption cases is not always consistent in emphasizing the element of intention/intentionally. Theoretically, the concept of deliberation has been put forward by some experts. However, in the realm of implementation the theoretical studies of those experts become contradictory. This is because there is no certainty of indicators of intent. Deliberation in this research is viewed from criminal law and psychology. The method used in this research is Forum Group Discussion (FGD). Then also is performed professional judgment by legal practitioners and academics. The results show that law enforcers have a common perception in viewing the deliberate in cases of corruption. Law enforcers in understanding the Articles use the theory of science and the theory of Possibility in Certainty. It is deliberate behavior when viewed from psychology produces a construct that can be measured using the science theory.

Law Enforcement of Corruption Crimes Through the Restoration of State Finances Based on the Principles of Restorative Justice

State financial losses due to corruption arising from corruption crimes must be returned immediately. The application of the concept of restorative justice in the settlement of corruption crimes was again carried out by the Indonesian Prosecutor's Office with the issuance of SE Jampidsus Number: B765/F/Fd.1/04/2018 dated April 20, 2018 regarding Technical Guidelines for Handling Corruption Cases at the Investigation Stage, which in essence the investigation is not only limited to finding the event of Corruption in the form of unlawful acts, but also must try to find the amount of State Financial Losses. This research aims to analyze how the application of the concept of restorative justice in the law of corruption eradication in order to strengthen the goal of restoring state losses by the perpetrators of corruption crimes, which has recently increased, to find out whether the concept of restorative justice in corruption crimes can be applied in Indonesian law. The type of research used is normative legal research or library legal research, which is legal research conducted by examining library materials (library research), with a regulatory approach, concept approach and analytical approach. The results showed that the application of the concept of restorative justice in corruption crimes in order to strengthen the goal of restoring state losses by perpetrators of corruption crimes can be seen through the Circular Letter of the Deputy Attorney General for Special Crimes Number: B113/F/Fd.1/05/2010 dated May 18, 2010 and the Chief of Police Letter No. Pol. B/3022/XII/2009/sdeops on the concept of Alternative Dispute Resolution (ADR) terroristically and juridically about law enforcement and the concept of restorative justice in corruption crimes can be applied in Indonesian law

THE EFFECTIVENESS OF CORRUPTION CRIME INVESTIGATIONS IN THE SECTOR OF PROCUREMENT OF GOVERNMENT GOODS AND SERVICES (Case Study at Poso Police)

This study aims to: 1) find out and analyze and evaluate the effectiveness of the investigation into corruption in the field of procurement of government goods and services in the jurisdiction of the Poso Police and 2) To find out and analyze and evaluate the factors that influence the implementation of the investigation of corruption in the procurement of government goods and services in the jurisdiction of the Poso Police. This study uses a juridical-empirical type of research because the emphasis is on examining the effectiveness of investigations into criminal acts of corruption in the procurement of government goods and services in the jurisdiction of the Poso Police. So, the data needed in this study are primary and secondary. The data collection technique is by conducting interviews to obtain valid data. The results of the study show that: 1) The effectiveness of the Investigation of Corruption Crimes in the Procurement of Government Goods and Services in the jurisdiction of the Poso Police is less effective because of several obstacles such as limited investigator resources, limited laws, limited facilities and infrastructure, and limited information from the community; and 2) Factors influencing corruption law enforcement by investigators from the Poso Police Tipikor Unit in handling corruption cases, namely human resource factors and legal structures, internal and external constraints, while internal constraints are quantity, quality and facilities and infrastructure factors, while external constraints namely Intervention Factors (political) and public support or public trust is still lacking.

Kerugian Keuangan Negara dalam Undang-Undang Pemberantasan Tindak Pidana Korupsi Perspektif Yuridis Normatif

Handling corruption cases will be less than optimal when state financial losses cannot be recovered. Recovery of state losses is of course necessary to implement development programs that have not been implemented. Handling existing corruption cases, including compensation for state losses, is one of the efforts of law enforcement officials to handle cases of criminal acts of corruption. The main problem of this study is how to apply the calculation of state financial losses before the Constitutional Court decision Number 25/PUU-XIV/2016 and how to apply the calculation of state financial losses afterward. Court No.25/PUU-XIV. 2016. This type of research is included in the legal research category. Although seen from its nature, this research is descriptive analysis. The application of the method for calculating state financial losses in Articles 2 (1) and 3 of Law Number 20 of 2001 amending Law Number 31 of 1999 concerning the Eradication of Corruption Crimes has undergone legal changes. The view regarding the application of state losses because there is no actual or potential state financial loss (potential loss) has changed the view regarding actual state losses (actual loss). After this decision removed phrases that could harm the state, making corruption a material crime, namely a factor that makes state losses absolutely impossible to prove.

Sentiment analysis of the attorney general's office performance in handling corruption cases on twitter using naïve bayes classification algorithm

Corruption is defined as illegal activities such as bribery, fraud and forgery carried out through the abuse of power by public or private officials for personal, financial or other merits. In Indonesia, the Attorney General's Office is one of the institutions that has the authority to handle corruption cases. As the result of the overall business process, public perception is very important. One method to assess public perception is using data collected from social media. Among the many social media, Twitter is known for its high public interaction which then can be used to describe direct people's perceptions. This research aims to create a machine learning model using the Naïve Bayes Classification Algorithm based on Twitter data to determine public sentiment on the Attorney General's Office performance in handling corruption cases. As for the results, we managed to create a model with accuracy, recall, precision, and f-measure values of 74.34%, 71.80%, 73.09%, and 72.44% respectively. From the sentiment analysis result, it can be concluded that the public gives more positive sentiment to the Attorney General's Office in handling corruption cases carried out in the period January 2022 to December 2022 with a percentage of positive sentiment is 61.32% and 38.68% for the negative sentiment.

Juridical Analysis of the Application of Restorative Justice in Corruption Crimes in Indonesia

Corruption in Indonesia is still a severe problem and difficult to overcome. Therefore, an adequate alternative solution is needed in dealing with criminal corruption in Indonesia. One such alternative is the application of restorative justice. This study aims to conduct a juridical analysis of the application of restorative justice in acts of corruption in Indonesia, considering the legal principles in force in IndonesiaThe research method used is the normative legal research method. The data sources used are statutory documents, documents related to restorative justice, and legal literature about criminal acts of corruption and restorative justice. The study results are that estorative justice can be a valuable approach in handling corruption cases in Indonesia, but it cannot replace criminal justice processes and criminal sanctions. The research highlights the potential of restorative justice as an alternative, but it also emphasizes the need to overcome implementation challenges and evaluate and monitor its application strictly. This can help restorative justice make a positive contribution to the fight against corruption in Indonesia. Restorative justice can be a useful alternative in handling corruption cases in Indonesia, it cannot replace the criminal justice process and the imposition of criminal sanctions. To make it effective, the challenges in its implementation need to be addressed, and there should be strict evaluation and monitoring to ensure its positive impact in the fight against corruption in Indonesia.

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.

Penerapan Hukum terhadap Tindak Pidana Korupsi Anggaran Ternak (Studi Putusan No.1/Pid.Pra/2019.Pn.Lsm)

The crime of corruption is a special offense which is regulated separately in the criminal law book. In the process of handling corruption cases, the principle of priority or precedence in the settlement process applies. This is in accordance with Article 25 of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which states that investigations, prosecutions, examinations in court in corruption cases take precedence over other cases for prompt settlement. This study aims to determine the application of material criminal law to the crime of livestock budget corruption in the case of decision Number 1/Pid.Pra/2019.Pn.Lsm, and to find out how the judge's considerations in making a decision on the crime of corruption in the livestock budget in decision Number 1/ Pid.Pre/2019.Pn.Lsm. This study uses a descriptive normative legal research method. Sources of primary and secondary legal materials, data collection techniques are library research, while the analysis of legal materials used in this study is qualitative analysis. Based on the results of the study, it is known that the application of material criminal law to perpetrators of corruption in the livestock budget in the case of decision number 1/Pid.Pra/2019.Pn.Lsm is that in its development, pretrial arrangements are regulated in Article 1 number 10 Jo. Article 77 of the Criminal Procedure Code, there is often treatment of law enforcement officials who are not really serious in reaching the material truth so that the person concerned does not get real legal protection from the state. For that obtain real legal protection from the state. For this reason, such developments can be accommodated through whether or not the determination of suspects is legal and whether the seizure is legal or not, it has been recognized as being the area of pretrial authority, so as to minimize arbitrary treatment by law enforcement officers. It is recommended that law enforcement officers, whether prosecutors, lawyers and judges, must have good knowledge of legal science, especially regarding the criminal law of corruption. If his actions are based on the proper application of criminal law from law enforcement, a sense of justice can be felt for all people.

Legal Reconstruction of Corruption Act in Indonesia to Realize a Just Law Enforcement

The main problem studied in this research is what are the weaknesses in the Enforcement of Corruption Act in Indonesia and how the legal construction based on justice value using a constructivism paradigm with a sociological juridical approach to solve research problems by examining secondary data and primary data by finding the legal reality experienced in the field as well as qualitative descriptive methods, namely where the data obtained are then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. The Result Shows that The weaknesses of criminal justice regulations against corruption in the Indonesian legal system consist of the Substance Factors of the Supreme Court Law No. 1 of 2020 only limit the scope of application of Article 2 and Article 3 of the Law, The Legal Structure Factor, namely the composition of the Corruption Court judges, which consists of career judges and ad hoc judges, often does not focus on handling corruption cases because there are career judges who also handle other cases, And then The legal culture factor, that is the attitude of the people who regard corruption cases as a thing of the past and ignorant, the strong culture of reluctance. In order to tackle this, It is necessary to reconstruct the criminal justice regulations against corruption in order to realize fair law enforcement, namely through the establishment of a new permanent expansion of PERMA No. 1 of 2020 concerning Guidelines for the Criminalization of Article 2 and Article 3 of the Corruption Law in order to better reach other articles of corruption and reconstruct Article 10 paragraph (5) of Law No. 46 of 2009 concerning the Corruption Act Court to "The term of office of ad hoc judges is for a period of 5 (five) years and is proposed to be reappointed every 5 (five) years by the Supreme Court".