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Yasmirah Mandasari Saragih; Rahul Ardian Fikri; Nabilah Syaharani

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Corruption is a serious crime that has a wide impact on economic stability, public trust, and governance. Impoverishment punishment, as a form of alternative sanction, aims to provide a deterrent effect for perpetrators of corruption by confiscating assets obtained illegally. This study analyzes the effectiveness of the implementation of impoverishment punishment in the context of the legal system in Indonesia. The approach used is a normative and empirical study by evaluating existing regulations, case studies of the implementation of impoverishment punishment, and its impact on perpetrators and prevention of corruption in the future. The results of the study show that although impoverishment punishment has the potential to be an effective instrument, its implementation faces various challenges, including weak law enforcement, political resistance, and regulatory limitations. Therefore, legal reform and institutional strengthening are needed to ensure that this punishment can be implemented optimally in efforts to eradicate corruption.

Munsen Bona Pakpahan; Fajar Fajar; Agustin Agustin

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The application of main and additional criminal witnesses in the PTPK Law has become firm with the existence of legal norms for the return of state financial losses that do not eliminate the criminalization of the perpetrators of criminal acts but only factors that alleviate punishment. This is important so that there is no disparity in punishment. And likewise punish paying restitution if the act is committed jointly, so that a sense of justice occurs,The research method used is normative juridical. Which type of data used is primair legal material obtained from all publications on law, literature that is not an official document. Publications about the law include, among others, the internet, textbooks, law journals, articles, comments, court regulations and other sources; The types of criminal sanctions in the PTPK Law, namely in the form of principal punishment and additional punishment in the form of restitution, are closely related. Aspects of the amount of state financial losses, aspects of the perpetrator's guilt, aspects of the benefits obtained by the perpetrator, the impact caused by the perpetrator and the return of losses made by the perpetrator. Such is the case in imposing additional punishment in the form of paying restitution. In the PTPK Law, the amount of restitution is interpreted as “not merely assessing state financial losses, but assessing how much money is actually received by the perpetrator”, so that the imposition of restitution is in accordance with objective and proportional principles. Likewise, the imposition of restitution in the case of corruption crimes committed jointly and tried simultaneously, the additional restitution cannot be imposed jointly.

Riyanto Riyanto; Handar Subhandi Bakhtiar

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of technology has facilitated daily human activities, one of which is the existence of digital financial systems for transactions and investments, with Bitcoin being one of the products of digital currency. The purpose of this research is to carefully examine and analyze the role of digital forensics in efforts to trace the proceeds of corruption crimes that have been converted into Bitcoin. The legal research method used is a normative juridical approach, conducting research on library materials and utilizing the Statute Approach and Case Approach. The results of the research conclude that digital forensics is an important process in legal investigations involving the identification, collection, analysis, and preservation of digital evidence from electronic devices.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Zhelika Wahyu Wardhani; Jovita Dwi Kusumastuti; M. Adil Hakim Al Hadi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia's constitutional reform since 1998 has brought significant changes to the governance system, legal framework, and the protection of civil rights. This study analyzes the impact of the reform on civil rights protection, focusing on the legal and policy dynamics in the post-reform period. Key changes include the amendments to the 1945 Constitution, decentralization of power, and the strengthening of state institutions such as the Constitutional Court. While the legal framework for human rights has been reinforced, challenges persist, including the harmonization of regional and national regulations and corruption, which undermines public access to basic rights such as healthcare, education, and justice. Decentralization often produces discriminatory policies against religious, ethnic, and sexual minorities, while past human rights violations and identity politics exacerbate social tensions. This study employs a normative method with historical and juridical approaches. To enhance civil rights protection, improved oversight of regional regulations, the abolition of discriminatory policies, anti-corruption measures, and transitional justice mechanisms for addressing past human rights violations are essential. Strengthening civil society and judicial reform are also critical steps toward achieving more effective and equitable civil rights protection.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Fadilah Isnaini Rahayu; Hayu Diva Lintang; Andreyan Ahmad Dani

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research analyzes the role of Pancasila in criminal law reform in Indonesia, particularly in relation to corruption and terrorism. Using a normative juridical approach and qualitative analysis of regulations, court decisions, and scientific literature, this research also applies the case study method. Data was collected through official documents and interviews with legal experts and law enforcement. The results revealed a gap between Pancasila values and existing legal practices, with challenges especially in fair law enforcement. The research highlights the need for community participation and strengthening the integrity of public officials for successful reform, as well as the importance of a holistic approach that includes legal education and continuous policy evaluation.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Inas Alifatus Salma; Athifah Saidah; Khubi Hanan Khoirunisa

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Abstract. Pancasila has an important role in various aspects of life, including in efforts to prevent and eradicate corruption. This research aims to examine the role of Pancasila's contribution in the context of constitutional law, especially in terms of integrity and public ethics. Using qualitative research methods and descriptive analysis, this study investigates how Pancasila values such as social justice, fair and civilized humanity, and unity can be integrated into the legal system and state administration to prevent and eradicate corruption. The results of this study show that the use of Pancasila principles in laws and public policies has significant potential to improve transparency and accountability. The study also identifies challenges and barriers to the implementation of Pancasila values and provides recommendations to improve the effectiveness of corruption prevention and eradication in Indonesia. The findings support the argument that Pancasila serves not only as an ideological basis, but also as a practical foundation in building a legal system with integrity.

Ashfiya Nur Atqiya; Ahmad Muhammad Mustain Nasoha; Salma Azzahra; Raihan Mukhtar Bairani Putra; Rifqy Luthfi Amalia +1 more

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Enforcement of criminal law against criminal acts of corruption in Indonesia requires an approach that is not only based on positive legal provisions but also reflects the values ​​of Pancasila as the basis of the state. Pancasila, with five principles covering aspects of Divinity, Humanity, Unity, Democracy and Social Justice, provides the moral and ethical framework that underlies legal principles in Indonesia. This research aims to explore how Pancasila values ​​are applied in enforcing criminal law against corruption, as well as the challenges and obstacles faced in the implementation process. By using an analytical approach to legal literature and current case studies, this research finds that the application of Pancasila values ​​can increase integrity, transparency and justice in the legal system. Nonetheless, issues such as a widespread culture of corruption, deficiencies in the legal system, and a lack of collaboration among agencies present major challenges. This study suggests overhauling the legal system, enhancing education and training for law enforcement personnel, and promoting community engagement to better implement Pancasila values in the enforcement of criminal laws against acts of corruption. 

Ashfiya Nur Atqiya; Ahmad Muhamad Musain Nasoha; Rory Haniffiyyah Riz; Annisa Fitri Oktaviani; Annisaa Nur Khalimah

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research explores the application of Pancasila principles of justice in the Indonesian criminal justice system, especially in the handling of corruption cases. Pancasila as the foundation of the state contains moral and ethical values that should guide law enforcement. However, its application is often constrained by political influence and corruption within judicial institutions. This study uses a qualitative approach with case studies and comparative analysis, involving literature review, expert interviews, and analysis of corruption cases in Indonesia. The findings show that while the principles of Pancasila provide a strong foundation of justice, implementation is less effective due to external influences. Judicial reform, increased transparency, and protection for corruption whistleblowers are recommended to strengthen the implementation of the Pancasila principles and their conformity with international standards.

Muhammad Aziz Zaelani; Firstnandiar Glica Aini S

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The research examines: (i) the ideal form of preventing corruption through an integrated education system; and (ii) projected obstacles to implementing the corruption prevention model through an integrated education system. The background to the existence of criminal acts of corruption is proven by Indonesia's position at rank 96 out of 180 countries with a score of 38 out of a perfect score of 100 at the beginning of 2023, below the global nominal of 43. Data proves that efforts to eradicate corruption by optimizing the penal system have not been effective in preventing the rate of corruption cases. Non-penal steps are needed, one of which is through anti-corruption education by instilling awareness of the impact of corruption in the younger generation. The research uses a conceptual approach, then combined with legal material and qualitative thinking analysis. The research results show that there are three ideal forms of preventing corruption through an integrated education system, namely: (i) providing basic level anti-corruption education; (ii) preparation of an anti-corruption education curriculum; and (iii) preparation of anti-corruption educational learning schemes. Meanwhile, obstacles include: (i) there is no anti-corruption education curriculum; (ii) implementation instructions and technical instructions for implementing integrated anti-corruption education are not yet available; and (iii) Anti-corruption education is facultative.

Dewi Amalia

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article discusses a theoretical study of impoverishment punishment for corrupt perpetrators. Corruption is considered a planned crime that has a negative impact on the state and society and requires decisive action to eradicate it. This survey revealed that the majority of students think that impoverishment punishment, which is expected to have a deterrent effect compared to prison sentences, can be an effective preventive effort in eradicating corruption. The students also emphasized the importance of returning assets to the state to compensate for losses due to corruption. The view of the death penalty for corruption perpetrators is now considered irrelevant, because the focus is on recovery economy and justice. This study shows that a stricter and more systematic approach is needed in eradicating corruption, including stricter regulations, proper asset management, and educating the public about the negative impacts of corruption. Thus, this article presents an understanding of sharing perspectives. The younger generation can help create more effective anti-corruption policies in Indonesia.

Jordan Ang Saputra

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is one of the biggest challenges for many companies in various industries. Implementing an anti-corruption policy is an important step in maintaining integrity, reputation and continuity of the institution. This article explains how companies can design and implement effective anti-corruption policies. Key elements of this policy include employee training, internal audits, transparency of business processes, and the application of strict sanctions for violations. Furthermore, a culture of integrity in the work environment must be built through good examples from top management. Technology can also facilitate monitoring and oversight and reduce the risk of corruption. With strict guidelines and the support of all stakeholders within the company, anti-corruption efforts can be implemented more effectively and help companies achieve sustainable growth.

Ericha Putri; Lucky Dafira Nugroho

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Corruption problems have occurred involving members of the Surabaya City DPRD, the defendant Syaiful Aidy, S.H. Setiawan offered a profit sharing of 10%-15% to the defendant Syaiful Aidy, S.H. The results of the corruption trial committed by the defendant Syaiful Aidy, S.H have been decided with the verdict number 131/Pid.Sus/TPK/2019/PN.SBY. Public concerns and declining trust in government financial management are caused by the many individuals involved in corrupt practices. The existence of the Blockchain Open Ledger System provides a solution for financial management that aims to reduce the number of corruption in Indonesia. In this research, the method used is a literature review that refers to previous studies listed in journals and articles. The results of this study show that the defendant has violated 4 elements (1) Every individual (2) which aims to benefit themselves, others, or a corporate entity (3) by abusing the authority, opportunity, or resources they have due to their position or position (4) can harm the state's finances or economy. A blockchain system can serve as a preventive measure in the management of the state's financial budget by providing clear transparency regarding the flow of funds. This allows the public to monitor the movement of the budget directly, so that in the event of irregularities or discrepancies, the perpetrators and problems can be identified.

Suci Wulandari; Tiara Augus Fitriani; Indah Noviyanti

Jurnal Kewirausahaan Cerdas dan Digital 2024 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

The Bangka Belitung Islands are known to be rich in tin resources so it cannot be denied that most of the people make their living from tin but are now shackled by the 271T corruption case. This study aims to evaluate how big the impact of entrepreneurship is on Bangka Island, especially Central Bangka Regency, after the rise in tin corruption cases which disrupted people's work, apart from that local fishermen were also affected by the existence of sea mines. Entrepreneurship plays an important role in building local economies and guiding a competitive future. This research aims to analyze how the Timah 271T Bangka Belitung corporation can increase its competitive capabilities through entrepreneurship that is oriented towards developing local resources and increasing community participation in the economic development process. This research applies a quantitative approach in its methodology and utilizes a questionnaire as a data collection tool. The population studied was MSME entrepreneurs in Central Bangka Regency, with a total of 39 respondents. The multiple regression analysis used, namely SPSS version 27 software, was used as a data analysis method. The test results show that the coefficient of determination is 0.288, which means that around 28.8% of the variation in the dependent variable can be seen in the independent variables studied. This value shows that the Local Economy and Competitiveness variables influence Entrepreneurship in MSMEs in Central Bangka by 28.8%. The t test results show that Local Economy (X1) has no influence on Entrepreneurship, while Competitiveness (X2) has a significant influence on MSME entrepreneurship in Central Bangka. The results of this research will contribute to the development of effective entrepreneurial strategies to increase the competitiveness of MSME entrepreneurs in Central Bangka and encourage local economic growth. 

Eben Heser Tarigan; Yasmirah Mandasari Saragih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This research explores corporate criminal liability in the context of crimes committed within Indonesia's oil and gas sector. In the framework of modern criminal law, corporations are increasingly recognized as legal subjects that can bear criminal responsibility, particularly in cases related to economic crimes, environmental violations, and corruption. Given the oil and gas sector’s strategic significance and high economic value, it is especially vulnerable to legal violations committed by corporate entities. The research adopts a normative juridical method, utilizing statutory, conceptual, and case study approaches to analyze the current state of legal accountability mechanisms. The findings indicate that corporate criminal liability in the oil and gas sector is not explicitly regulated under Indonesia’s Oil and Gas Law, resulting in significant legal gaps that hinder effective enforcement. Although several laws—such as the Anti-Corruption Law, the Environmental Protection and Management Law, and Supreme Court Regulation (PERMA) No. 13 of 2016—provide a basis for prosecuting corporations, their specific application within the oil and gas sector remains limited. This limited application is attributed to several challenges, including technical difficulties in proving corporate guilt, limited investigative capacity and resources among law enforcement authorities, and the disproportionate influence and economic dominance of oil and gas corporations in regulatory and judicial processes. To address these challenges, the research emphasizes the urgent need for reformulating the legal framework governing corporate liability in the oil and gas industry. This includes incorporating explicit corporate criminal liability provisions into sector-specific laws, strengthening institutional enforcement capacity, and applying legal doctrines such as corporate culture theory and strict liability. These efforts aim to ensure that corporations in the oil and gas sector can be held accountable for criminal actions, promote legal certainty, and uphold environmental and economic justice in Indonesia.

Eben Heser Tarigan; Yasmirah Mandasari Saragih

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This research addresses the issue of corporate criminal liability in crimes occurring within Indonesia’s oil and gas sector. In modern criminal law, corporations are increasingly recognized as legal entities capable of bearing criminal responsibility, particularly in cases related to economic offenses, environmental violations, and corruption. The oil and gas sector, being one of the most strategic and high-value industries, is highly susceptible to legal violations by corporate entities. Given the significant role this sector plays in the national economy, the accountability of corporations in this field is of utmost importance to ensure proper legal oversight and prevent harmful practices. The research employs a normative juridical approach, utilizing statutory, conceptual, and case study methods to examine how corporate criminal liability is applied in the oil and gas industry in Indonesia. The findings reveal that the regulation of corporate criminal liability in the oil and gas sector remains underdeveloped, as it is not explicitly addressed in the Oil and Gas Law. This lack of clear and specific regulation creates gaps in law enforcement, leaving corporations with opportunities to evade full accountability for crimes they commit. While existing legal frameworks such as the Anti-Corruption Law, Environmental Law, and PERMA No. 13/2016 provide a foundation for criminalizing corporations in cases of wrongdoing, the practical implementation of these regulations within the oil and gas sector has proven to be insufficient. Several factors contribute to the weak enforcement of corporate criminal liability. First, there are technical challenges in proving corporate involvement in criminal acts, as the actions of a corporation are often difficult to attribute to specific individuals. Second, the capacity of law enforcement agencies to effectively investigate and prosecute corporate crimes is limited, compounded by a lack of expertise and resources.

Jennie Aurellia Zaneta

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article discusses the development of an internal control system as an effort to overcome the risk of fraud in the company. Through in-depth analysis of existing policies, procedures and practices, this research identifies key elements that can strengthen organizational integrity. Using a case study approach, this article shows how implementing effective controls, employee training, and reporting mechanisms can increase transparency and accountability. The results of this research conclude that a comprehensive internal control system not only reduces the risk of corruption, but also encourages an ethical culture in the work environment, thereby supporting the company's sustainability and reputation.

Angelina Reski Apriliana

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Banking is crucial in efforts to prevent corruption, serving as the frontline in financial management and transactions. This article examines the role of education and training in combating corruption within the banking sector. The study aims to demonstrate that corruption in banking can undermine public trust and economic stability. I employ a literature review and observations of education and training initiatives aimed at corruption prevention in banking. Key issues identified include employees' inadequate understanding of work ethics and anti-corruption policies, along with insufficient systematic training. This research analyzes various education and training programs implemented in banks and assesses their effectiveness in enhancing employee awareness and commitment to anti-corruption practices. I highlight that comprehensive education and continuous employee training are essential for significantly mitigating the risk of corruption in banking by fostering a transparent and ethical organizational culture. It is critical for banking institutions to enhance anti-corruption awareness among their employees. Training programs should engage all employee levels and include regular evaluations to assess their effectiveness. Ultimately, the goal is to create a safer banking environment free from corrupt practices.

Fikri Ardiansyah

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Preventing acts of corruption in the office environment involves a series of strategic steps to create a culture of transparency and accountability. These efforts include implementing a code of ethics, training on integrity, and strict supervision of the decision-making process. In addition, the application of information technology to monitor financial transactions and reports can help detect potential fraud. By building awareness and commitment of all employees towards preventing corruption, organizations can increase public trust and create a healthier work environment. Preventing acts of corruption in the office environment is a crucial step in creating good governance and improving institutional integrity. Corruption can hinder economic growth and damage public trust. To prevent this, a comprehensive approach is needed, including implementing transparency policies, strengthening supervisory systems, and ethical education for employees. In addition, an organizational culture that supports openness and accountability must be built. This research discusses effective strategies that can be implemented to minimize the risk of corruption, including the use of information technology and participation in community oversight. The results are expected to provide recommendations for government and private agencies in strengthening efforts to prevent corruption

Handy Setiawan

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is a global issue that significantly impacts social, economic, and political aspects, particularly in developing countries like Indonesia. It undermines public trust in government institutions and contributes to social injustice, slowing economic growth and hindering overall welfare. This paper focuses on preventing corruption among the younger generation, highlighting key measures such as anti-corruption education in schools, the effective use of social media campaigns, and necessary reforms in law enforcement. By instilling values of integrity and responsibility early on, educational institutions can help shape future leaders who are prepared to combat corruption. Additionally, the effective use of social media platforms like Instagram, TikTok, and YouTube can engage the younger generation through creative and interactive content, fostering awareness and encouraging active participation in anti-corruption efforts. Reforming law enforcement to impose stricter penalties on corrupt individuals and providing protection for whistleblowers are crucial to creating a deterrent effect. Ultimately, a comprehensive approach involving education, technology, and legal reform can empower the younger generation to promote transparency and integrity, contributing to a corruption-free society and a stronger foundation for the nation’s future

Ghofar Syafri Hudzaifi

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The culture of corruption that is pervasive in Indonesian society presents major challenges for Correctional Institutions, especially in maintaining financial integrity. The prison treasurer has a strategic role in responding to this phenomenon through a series of steps such as implementing a transparent financial management system, increasing strict internal supervision, and regular training for employees regarding ethics and integrity. Apart from that, community involvement and collaboration with external institutions are also needed to strengthen accountability and ensure that efforts to eradicate corruption are effective. Through a comprehensive and collaborative approach, prisons strive to create an environment that is clean and free from corruption. These efforts are not only focused on internal reform, but also on strengthening relations between government institutions, civil society and the private sector, in order to build a system that is more accountable and has high integrity. In the midst of existing progress, significant challenges still hinder this effort, but multidimensional efforts are expected to provide long-term positive impacts.