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Gusti Ramadhani; Yasmirah Mandasari Saragih; Tuti Widyaningrum; Heru NurTjahyo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Corruption cases in Indonesia often involve the recovery of state assets, including properties encumbered by mortgages (hak tanggungan). This research conducts a normative legal analysis on how current law treats such pledged assets when they become objects of state confiscation in corruption crimes. We examine Indonesian legislation (especially the Tipikor Act, TPPU Act, and Mortgage Act), judicial practice, and principles of justice and legal certainty. The Bank Perumda BPR Purworejo case is used as an illustrative case study: here fictitious loans and misused collateral led to state losses of hundreds of millions of rupiah, and investigators seized assets (including four mortgaged properties) as evidence. The analysis finds that existing rules inadequately protect good-faith creditors: courts have noted that a corruption verdict does not automatically erase a prior mortgage lien, and that a certified mortgage confers a preferential right equal to a judgment. In practice, however, law enforcement often seizes all assets of the convict without first verifying third-party rights, creating legal uncertainty and perceived injustice. We argue that fair outcomes require stricter safeguards for creditors (e.g. mandatory review of collateral status before seizure) and consideration of equitable principles. In conclusion, we recommend legal reforms or guidelines to balance the state’s recovery goals with protection of bona fide mortgagees, so as to uphold substantive justice while maintaining legal certainty.

Sugeng Wahyudi; Arif Awaludin; Muhammad Yusril Irza; Ikama Dewi Setia Triana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This research is grounded in the enactment of Law Number 1 of 2023 concerning the National Criminal Code, which raises normative questions regarding the legal status of gratification within Indonesia’s anti-corruption framework. The study aims to analyze the normative position of gratification following criminal law codification and to assess its implications for evidentiary mechanisms under the Anti-Corruption Law. Employing a normative legal research method, this study applies statutory and conceptual approaches through comprehensive literature review of primary and secondary legal sources. The findings indicate that gratification remains regulated under the Anti-Corruption Law as lex specialis and is not nullified by the National Criminal Code. The reversal of the burden of proof mechanism continues to apply, although its interpretation must align with fundamental criminal law principles such as culpability and proportionality. The study concludes that systematic harmonization between both legal regimes is essential to ensure legal certainty and strengthen anti-corruption enforcement.

Okky Rachmadi Soekristyanto; Khalimi Khalimi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study examines the distortion between civil and criminal perspectives in the legal considerations (ratio decidendi) of Judex Juris in Supreme Court Decision Number 121K/Pid.Sus/2020. The decision lacks substantial criminal law considerations regarding the alleged corruption offense. Instead, the legal reasoning focuses on the fault or negligence of company directors, particularly the exception under Article 97 of Law Number 40 of 2007 concerning Limited Liability Companies, which embodies the Business Judgment Rule doctrine. Furthermore, these considerations are distorted by tort (onrechtmatige daad) as regulated in Article 1365 of the Civil Code juncto Article 138 paragraph (1) letter b of the Company Law. This research employs a legislative approach by analyzing various legal instruments, including the 1945 Constitution, the Criminal Code, the Criminal Procedure Code, the Limited Liability Company Law, State-Owned Enterprises Law, Judicial Power Law, Supreme Court Law, and the Corruption Eradication Laws. A conceptual approach is also utilized to examine theoretical concepts concerning corporate crime, directors' liabilities, state losses, tort, negligence from criminal and civil perspectives, business judgment rules, collective collegiality principles, and formal-material classification of legislation. The data comprises primary legal materials (legislation and court decisions) and secondary legal materials (legal literature and scientific journals). Analysis is conducted qualitatively by interpreting legal principles and their relevance to the court's considerations in the decision.

Oktaviana Viska Viera; Aksi Sinurat; Deddy R. Ch. Manafe

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study aims to analyze the considerations of the judge in the decision of the Kupang District Court No. 81/Pid.Sus-TPK/2022/PN Kpg and the legal implications of the application of Article 3 of the Corruption Eradication Law. This research uses a normative legal method with a statutory and conceptual approach. The results show that the application of Article 3 of the Corruption Eradication Law in this case is incorrect, as the defendant is not a public official and does not have authority over the management of state finances or assets. It was also found that there was a misapplication of the law (error in juris), an error in determining the subject of the law (error in persona), and an inaccuracy in the object of the case (error in objecto). This study concludes that the case is more appropriately classified as an administrative error by state apparatus rather than a corruption crime. Academically, this research reinforces the distinction between administrative law and criminal law regarding corruption. Socially, this research emphasizes the importance of legal certainty protection and the prevention of criminalization of civil society. This study provides an important contribution to the development of legal theory, as well as the protection of individual rights in the context of criminal law.

Novita Dwi Indriani; Mangihut Siregar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This kind of research can reveal a purpose, namely to be able to carry out an analysis of the important role of the government together with the community in realizing policies to combat corruption of village funds. It is necessary to understand that village funds have been made one of the government's priority programs in order to increase the level of prosperity of rural communities and village development through the Village Law. Therefore, the purpose of this study is to identify policy solutions provided by the government and the community to prevent corruption of village funds. This study utilizes a literature study method through a qualitative approach that can be used to assess the role of the government and the community in implementing policies to combat corruption of village funds as an effort to uphold the integrity of the village administration system. Meanwhile, the research data sources obtained came from secondary data, which included the collection of scientific journals in the last five years, reading books in the last ten years, reports in the mass media, and government regulations. The findings of this study describe that the Corruption Eradication Commission (KPK) has identified several loopholes that are often exploited by village officials in misappropriating Village Funds. Then there were 98 cases of corruption that caused the state to lose up to Rp. 37.2 billion. This creates an urgency for the government and the community to play a role in creating village regulations that are capable of overcoming corruption of village funds.

Enrico Winadi; Benedictus Renny See; Antonius Maria Laot Kian

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This journal examines the criminal act of corruption related to village treasury land (tanah kas desa) in Yogyakarta, with a specific focus on the District Court Decision No. 8/Pid.Sus-TPK/2023/PN Yyk. The objectives are to identify the underlying reasons behind corruption practices, analyze the application of substantive criminal law, and assess the state losses as well as possible preventive measures for future land management. The study employs a qualitative research method through interviews, documentation, and literature review, involving key informants from the judiciary, prosecution office, police sector, and village administration. The findings reveal that corruption in village treasury land is driven by internal factors such as personal motives, economic background, moral integrity, legal awareness, and authority, as well as external factors including non-transparent bureaucracy, ingrained corruption culture, weak supervision, ineffective legal systems, and socio-economic pressures. The application of substantive criminal law is reflected in the assessment of elements of corruption, judicial considerations, and the interplay between legal norms, social impacts, and local wisdom. Furthermore, the study highlights significant economic and social losses, and recommends strategies for prevention, governance improvement, and strengthening accountability to minimize corruption risks in village land management.

Herianto Setiawan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The rise in corruption cases in Indonesia significantly hampers investment, impacts national economic growth, and undermines the integrity of public institutions. This study highlights the strategic role of public mobilization as guardians of transparency in preventing potential corruption at the Danantara Investment Management Agency (BPI). Using a normative legal research approach enriched by qualitative analysis of the regulatory framework and best practices, this study examines the legal basis supporting public participation and formulates an effective corruption prevention strategy in the digital era. The results show that optimizing the role of the public through information transparency and the use of information and communication technology (ICT) plays a crucial role in building accountability and detecting irregularities. Access to audit data, financial evaluations, and public information is an important instrument in strengthening oversight. The use of ICT allows the public to analyze anomalous patterns, assess institutional performance, and provide constructive feedback on investment management policies. However, this mobilization faces significant challenges. First, the complexity of financial and regulatory data often makes it difficult for the general public to interpret. Second, limited digital literacy hinders the public's ability to utilize oversight technology. Third, the urgent need for certainty of legal protection for whistleblowers or oversight participants is a determining factor in the success of the mobilization. Therefore, strengthening regulations that guarantee legal protection, increasing digital literacy capacity, and developing user-friendly public oversight platforms are necessary. Synergy between the government, investment management institutions, and the public is key to creating a transparent, responsive, and adaptive oversight system to technological developments. This way, the active role of the public can be optimized to strengthen the integrity of BPI Danantara and promote a healthy investment climate in Indonesia.

Mamoh, Petrus Meirio

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Corruption in Indonesia is a serious and systemic issue. One of the legal approaches used to address this problem is the imposition of criminal fines. This study aims to evaluate the effectiveness of fines imposed on corruption offenders. The research employs a normative approach with a juridical-qualitative method, based on literature studies of relevant laws and court decisions. The findings indicate that although criminal fines are regulated under Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, their implementation has not been effective. Fines can still be replaced with substitute imprisonment of up to eight months under the Indonesian Penal Code (KUHP), which is often preferred by convicted individuals. In addition, there is no clear system regarding the proportional amount of fines, deadlines for payment, or enforcement mechanisms. The lack of strict regulations concerning remission also weakens the deterrent effect. This study concludes that the regulation and enforcement of criminal fines in corruption cases have not yet provided optimal deterrence and still leave many legal loopholes that need to be addressed.

Tiara Jelita Andalusianti Roozan; Rajwa Al Imtiyaz; Hasrinda Rizqi Pramassari; Muhammad Reyvanza Anwar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This article analyzes the juridical construction, practical implementation, and problematics of corporate criminal liability in corruption cases in Indonesia. Employing a normative-juridical approach with analytical-evaluative dimensions, this research examines primary, secondary, and tertiary legal materials, as well as data from in-depth interviews with key informants. The results indicate that despite the legal framework accommodating the concept of corporations as subjects of criminal law in corruption cases, its implementation faces significant obstacles reflected in the minimal designation of corporations as suspects/defendants. These obstacles encompass substantive aspects related to unclear formulation of liability elements, procedural aspects concerning limitations in procedural law, institutional aspects regarding law enforcement capacity, and practical aspects related to sanctions execution. This research proposes a comprehensive and integrative model for strengthening corporate criminal liability through normative reformulation, procedural and institutional strengthening, and development of corporate compliance incentives, projected to contribute to improving the effectiveness of corporate corruption enforcement and strengthening business integrity systems in Indonesia.

Herlyn Anastacia; Deddy R Ch Manafe; Adrianus Djara Dima

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Law enforcement in civil cases that have obtained permanent legal force (inkracht van gewijsde) often faces various complex challenges. For example, in land ownership cases that may be suspected of being linked to corruption crimes. Therefore, law enforcement officials must ensure that there is strong and sufficient evidence to process criminal elements without undermining the legal certainty of civil cases that have been decided. Good coordination between civil and criminal judicial institutions is also essential to ensure that justice can be comprehensively upheld. This research is qualitative in nature regarding concepts, relevant laws, and legal facts related to the issues being studied. The data obtained is subsequently analyzed using descriptive analysis, which is an analysis conducted by elaborating the obtained data. The research results show that: (1) The procedure executed by law enforcement officials aligns with the legal authority granted to them. However, the process may result in losses for parties legally proven not to have committed unlawful acts, as evidenced by the final and binding legal decision, with the case dependent on further evidentiary proceedings; (2) Obstacles in law enforcement processes stem from three primary factors: the law itself, law enforcement officials, and society, wherein socio-political interventions can provoke public opinion and conflicts between law enforcement and the community.

Andari Rizky Aria Putra; Trini Handayani; Aji Mulyana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The development of corruption nowadays is accompanied by other crimes related to hide assets from corruption and one way of it is by money laundering mechanism. The mechanism of it is contained in the Criminal Code, Criminal Procedure Code, Law No. 20/2001 jo. Law No. 31/1999 concerning the Eradication of Corruption and Law No. 8/2010 concerning Prevention and Eradication of the Crime of Money Laundering. There are also international legal instruments adopted to strengthen efforts to seize assets from criminal acts of corruption, such as UNCAC which was ratified by the Government of Indonesia into Law Number 7/2006 concerning Ratification of the UNCAC on April 18, 2006. Indonesia needs a regulation that has stronger legal force and has a special mechanism regarding the mechanism for the confiscation of assets and assets that are suspected of being obtained as a result of corruption. It can be suggested to the Government and the legislature to encourage the discussion and passing of the asset confiscation bill’s immediately.

Abdullah Husein Al Aziz; Zainudin Hasan; Irfan Raihan Hady Fauzi; Mansah Mansah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

In the digital era, anti-corruption law enforcement faces new challenges and opportunities. With the development of information technology, corrupt practices are increasingly complex and hidden, committing fraud and embezzlement by utilizing digital space. The use of advanced technologies such as big data analysis, artificial intelligence, and blockchain are some examples of how law enforcement can tackle corruption. In addition, this study investigates various ways in which the government, law enforcement agencies, and civil society can work together to improve transparency and accountability. It is expected to improve anti-corruption efforts by utilizing digital platforms to report and detect suspicious activities. The study found that adapting law enforcement to technological changes is important to uncover and stop corrupt practices in the digital era. In addition, public education is essential to building a stronger anti-corruption culture. To create a transparent government, the role of the media and public participation is very important to increase the accountability of officials for corrupt practices. This study aims to see how public participation and the media monitor corruption and to find methods that can improve such supervision. The methods used include literature research, reports, and policy articles. The results of the study indicate that taking an active part in reporting and monitoring can increase the accountability of public officials.

Antonius Candra Mudakh; Debi F. Ng Fallo; Rudepel Petrus Leo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the criminal law liability of the perpetrators in the case of corruption in the procurement of red onion seeds in Malaka Regency based on four decisions of the Kupang District Court: Decision of the KUPANG District Court Number 39 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 40 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 41 / Pid.Sus-TPK / 2023 / PN Kpg, and Decision of the KUPANG District Court Number 42 / Pid.Sus-TPK / 2023 / PN Kpg. This study uses a normative legal approach supported by empirical data through interviews with advocates, prosecutors, and judges. The results of the study indicate that the elements in Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 has been cumulatively fulfilled in this case, namely the abuse of authority, state financial losses, and benefits for oneself or others. The application of the article to all defendants is considered legally valid, but in practice it does not fully reflect substantive justice because the roles and levels of involvement are not distinguished proportionally. The judge's decision and the prosecutor's indictment are considered consistent in normative aspects,but still leave challenges in terms of assessing the burden of proof and classification of criminal responsibility. This finding recommends the importance of evaluating the criminalization system, strengthening the capacity of procurement officials, and updating policies that distinguish between administrative errors and criminal acts of corruption.

Maria Krismastina Benga Kopon; Debi F. Ng Fallo; Sigit P. Sonbait

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the form of criminal liability imposed on perpetrators of corruption involving internet village funds in Flores Timur Regency. Corruption in the management of village funds, particularly those allocated for internet infrastructure development, has become a serious concern due to its direct impact on the quality of public services and the welfare of rural communities. This research employs a normative juridical method with a case approach and the analysis of relevant statutory regulations. Data were obtained through literature study and case documentation. The findings indicate that perpetrators of corruption in the internet village fund program can be held criminally liable under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption. Criminal liability involves elements of fault, unlawful acts, and state financial losses. In addition, the role of law enforcement agencies and public oversight are crucial factors in the enforcement of laws against such criminal acts.

Mutiara Gita Cahyani; Rahmania Ramadhani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

Corruption is an act of misappropriation or abuse that can harm the state for personal gain. Corruption is the enemy of society because it is carried out by people who are irresponsible and this robs people of their rights. This research discusses how the government authority over corrupt practices in state administrative law and the role of state administrative law in efforts to prevent corrupt practices in government. The type of this research is normative jurdicial research with a descriptive approach. The secondary data sources in this research are observations in books, articles, journals, and other documents. Validation of this data using source triangulation techniques, and analyzed with inductive qualitative techniques. This research concludes that government authority is closely related to state administrative law because this law plays an important role in realizing good and clean governance, especially from corruption. The government can create an authority by implementing a closed system policy. To prevent the entry of outsiders and help strengthen government regulation. The role of state administrative law in corruption practices can be in the form of optimizing leadership, improving administration, increasing the integrity and synergy of the bureaucracy, as well as strengthening legal awareness regarding corruption in the community.

Dairani Dairani; Fathorrahman Fathorrahman; Faradilla Mutiara Nisa

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

Kasus korupsi di Indonesia kian hari semakin meningkat, dikutip pada Suarajakarta.id menyatakan bahwa  korupsi di Indonesia semakin memburuk hingga mencapai 58%  Hal tersebut menjadikan lambat tahun korupsi sebagai budaya di Indonesia dan akan sulit untuk diberantas. Dalam artikel ini akan membahas pengimplementasian pendidikan anti korupsi melalui program pusat edukasi antikorupsi di Sekolah Dasar. Dalam program pusat edukasi antikorupsi yang disediakan oleh pemerintah ini kepada sekolah dinilai cukup efektif dalam membantu pendidik melaksanakan pendidikan anti korupsi. Dengan adanya pendidikan anti korupsi melalui program ini diharapkan dapat menciptakan manusia yang memiliki akhlak yang baik, pengetahuan yang luas, kesadaran pada diri sendiri akan buruknya melakukan tindakan korupsi.