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Riko Aji Pratama; Muhamad Hasan Sebyar

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The difficulty of eradicating corruption today has become a challenge for law enforcement officials. The vital role of a whistleblower (reporting witness) as a witness to reveal the facts in cases of criminal acts of corruption is very necessary. Therefore, the government must provide legal protection guarantees to whistleblowers (reporting witnesses) who provide information about suspected indications of corruption. This scientific research aims to find out what steps to protect whistleblowers are provided by the Pangkalpinang City Government. This scientific study applies empirical legal research methods, by conducting a study of legal protection for whistleblowers in cases of criminal acts of corruption by the Pangkalpinang City Government. Meanwhile, the research approaches applied are the conceptual approach and the statute approach. The results of the study show that the Pangkalpinang City Government guarantees protection for whistleblowers in cases of criminal acts of corruption, this can be seen from the issuance of Mayor Regulation Number 31 of 2016 concerning General Guidelines for the Complaint Handling System (whistleblower system) for Corruption Crimes within the Pangkalpinang City Government.

Alvieta Alice Reyhanif; Faiza Nisrina

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

In the ever-evolving digital era, information technology has affected various aspects of life, including law enforcement. One important impact is the use of electronic evidence, including wiretap results, in the criminal justice process. Electronic evidence has a crucial role in detecting and proving various criminal acts such as organized crime, corruption, and terrorism. However, the use of wiretap results as evidence often raises debates regarding its legality and validity, especially in the context of potential violations of human rights such as the right to privacy and freedom of communication. In Indonesia, the legality of electronic evidence is regulated in various laws such as the ITE Law and laws that authorize the KPK to conduct wiretapping. This research aims to analyze the legal position and legality of electronic evidence from wiretapping results in the criminal justice process in Indonesia and its implications for the principles of criminal procedure law. The research method used is normative juridical by conducting a literature study. The results showed that although electronic evidence has been substantially recognized, its regulation in the context of procedural law is still not entirely clear. Therefore, more comprehensive and transparent regulations are needed to ensure the realization of a fair judicial process and the protection of human rights.

Rinto Z.W. Abidjulu; Feliks Arfid Guampe; Join Hengkeng

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The purpose of this study is to analyze the important role of village heads in achieving sustainable village development in Indonesia. The study employs a qualitative research approach, utilizing a literature review method to explore and synthesize various studies, articles, journals, and reports related to the village heads' roles. The data collection was conducted through a systematic literature search using relevant keywords such as "village head role," "sustainable village development," "community participation," "local resource management," "village-owned enterprises (BUMDes)," and "SDGs in villages." The gathered data were then analyzed using thematic analysis to identify key themes related to the village heads' roles in managing development, encouraging community participation, and implementing sustainable development policies. The study concludes that village heads play a multifaceted role in planning and managing village development, facilitating community participation, and ensuring transparent and accountable management of village funds. However, challenges remain, particularly in terms of corruption risks and equitable community participation. The findings emphasize the need for improved capacity building for village heads and stronger support from the government to achieve sustainable development goals at the village level.    

Richie Sanjaya Putra

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses the release of criminal sanctions in the SPPD KKR Aceh corruption case on the grounds that there is restorative justice at the police level because state losses have been returned. The resolution of corruption cases should refer to Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. This law has the principle of retributive justice and does not recognize restorative justice so that imposing criminal sanctions is the main option. 58 Actors who have authority because of their position have been proven to have committed corruption which is detrimental to state finances. On this basis, the 58 perpetrators should be given appropriate sanctions in Article 3 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. This research uses a Juridical-Normative research method which is carried out by means of a literature study of available legal materials. This research method will be used to analyze sanctions against the 58 perpetrators of corruption in accordance with applicable positive law.

Aldi Wildan Maris

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the relationship between tax crimes and corruption in Indonesia from a legal standpoint, employing a qualitative methodology, case study method, and document analysis. Secondary data were gathered from journals, legislation and regulations, and official publications and examined using qualitative content analysis methods. The findings indicate that tax crimes, such as data manipulation and the production of bogus invoices, are frequently utilized to conceal assets originating from corruption. Bribery is a common form of tax corruption. To summarize, tightening legislation, expanding the capacity of law enforcement officials, international collaboration, changing the tax system, and raising taxpayer awareness are required to reduce tax crime and corruption and strengthen the country's economy.

Anggi Sari Tambunan; Alisa Afrianti; Khairatul Muna

Kajian Ekonomi dan Akuntansi Terapan 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study discusses the importance of investigative audits in uncovering fraud and corruption in Indonesia. Investigative audits are conducted using specific approaches, procedures, and techniques that are different from regular audits. The auditor's investigative ability is indispensable in identifying fraud. Fraud prevention is also important to eliminate the causes of fraud. The professionalism of auditors also plays an important role in fraud disclosure. The research method used in this study is qualitative by conducting a literature review to support the findings. Investigative audits are described as audits that aim to identify and uncover fraud, by involving fraud prevention strategies in financial statements. Forensic audits and investigative audits are proposed as solutions to prevent fraud. In the context of repressive actions, investigative audits are considered as steps to deal with fraud that occurs. To increase the role of investigative audit in uncovering fraud, it is necessary to improve the skills and experience of investigative auditors, adequate resource allocation, and establish good cooperation with related parties

Margaret Pangaribuan; Ester Simanjuntak; Feby Adelia Parhusip; Muhammad Rifai; Berliana Sianturi +1 more

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The case of dishonorable dismissal for committing a criminal act of office crime shows a significant problem in government governance. This case developed from the Plaintiff being a level III civil servant based on the governor's decree, and then being appointed Secretary of the District DPKD. Based on the regent's decision, Sijunjung was placed in the BPKD functional position. Then the plaintiff was dishonorably dismissed because he was involved in a corruption case and was also deemed to have violated Pancasila and the 1945 Republic of Indonesia Constitution. has permanent legal force. In this case, several functions of state administrative law in creating good governance are really needed, including normative functions, instrumental functions and legal guarantee functions, all three of which are part of the application to create a clean government, in accordance with the principles of the rule of law.    

Fransisko Ngajow, Malfrid Frangky; Kadir, Yusrianto; Moonti, Roy Marthen; Kasim, Muslim

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

The purpose of the research is to know and analyze the criminal liability of the perpetrator in the case of illegal mining in the Marisa District Court of Pohuwato Regency has been in accordance with the objectives of the law (certainty, benefit, and justice) and to know and analyze the factors that influence the consideration of judges in examining, adjudicating, and deciding cases of illegal mining in the Marisa District Court of Pohuwato Regency. The type of research used in this legal writing is socio-juridical legal research. Criminal responsibility of the perpetrator in illegal mining cases is very important to maintain legal certainty, expediency, and justice. Courts need to ensure that perpetrators are given sanctions appropriate to the level of offense they commit and that the sanctions are effective in preventing similar acts in the future. In addition, fair and proportional treatment of perpetrators must also be ensured to maintain the integrity of the justice system and the judge's consideration in deciding Case No. 37/Pid.Sus/2023/PN Mar was in accordance with Article 184 of the Criminal Procedure Code, namely based on legal facts, witness testimony, testimony of the defendant and instructions in the form of evidence, so that the judge's consideration in his verdict had fulfilled the elements and conditions of the defendant's conviction.

Al' Ain Danis; Syaiful Asmi Hasibuan

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In the recent reform era, there has been no effective effort to eradicate corruption. This is particularly ironic, given that the goal of reform is to eradicate corruption, collusion and nepotism (KKN). It also shows that more democratic governments are not serious about eradicating corruption. The crime of corruption in Indonesia has been increasing year by year. Corruption has become an extraordinary crime. Thus, efforts to eradicate it can no longer be done in an ordinary way, but are required in an extraordinary way. Corruption can pose a danger to the life of mankind, because it has penetrated the world of education, health, provision of food for the people, religion, and other social service functions. The difficulty of overcoming corruption can be seen from the number of acquittals of defendants in corruption cases or the lack of punishment borne by defendants who are not proportional to what they have done. This is very detrimental to the State and hampers the development of the nation. In this case, corruption cases are also difficult to disclose because the perpetrators use sophisticated equipment and are usually committed by more than one person in a covert and organised situation. Overcoming corruption requires measures such as improving the system, including improving the applicable laws and regulations, improving the way government works, strictly separating state ownership and private ownership, enforcing professional ethics and institutional discipline, applying the principles of good governance and optimising the use of technology and improving human beings, including improving human morals as believers, improving legal awareness, increasing legal awareness, electing leaders who are clean, honest and anti-corruption.

Ismaidar Ismaidar; T. Riza Zarzani; Lindawati Br Surbakti

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

Corporate Crime or what can be called a criminal act of corruption is a crime committed jointly where the impact can damage democracy, morality, harm state finances, violate the social and economic rights of the community. Nowadays, corporate development seems to be increasingly rapid both in terms of quality, quantity and in the field of business it operates. Corporations operate in fields such as banking, transportation, entertainment, agriculture and so on. The existence of corporations brings many benefits to society and the state, such as: an increase in state treasury income from taxes and foreign exchange, opening up job opportunities, increasing technology transfer and so on. However, there are also negative impacts from these corporations, such as: environmental pollution, exploitation or depletion of natural resources, tax manipulation, exploitation of workers and so on. The emergence of this negative impact is due to corporations pursuing large profits.    

Vichi Novalia; Laudza Hulwatun Azizah; Novinda Al-Islami; Surya Sukti

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the issue of jarīmah ta'zīr as one of the dimensions of Islamic criminal law which has flexibility in its application. In contrast to ḥudūd and qisāṣ whose rules are very clear and detailed in the Qur'an, ta'zīr is not set clearly in the Qur'an. Therefore, the ijtihad of a ruler or judge to determine the type of crime and jarimah that can be punished (ta'zīr) and the type and form of punishment is really important. The flexibility of ta'zīr allows to accommodate the complex form of crime such as gratification, corruption, sexual harassment, drugs, and pornography. But ta'zīr also opens the opportunity for the tyranny of the government in punishing a person. This article offers the need for ta'zīr by making qanun like in Aceh.

Cayadi Cayadi

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

Eradicating corruption is one of the main concerns of the Indonesian government and nation. Corruption is considered an extraordinary crime so its eradication requires extraordinary efforts. Efforts to eradicate corruption consist of two main components, namely enforcement and prevention, but these efforts will never be optimally successful if implemented by the government itself without community participation. Therefore, the role of students in strengthening the anti-corruption movement is very important. Students' intelligence, youth and idealism are characteristics that make students play an important role in anti-corruption drives. In this research, the research method used is qualitative research with a literature review type of research (Library Research). One of the important goals for students to understand anti-corruption is that students can prevent themselves and others from committing corruption or committing acts of corruption, students have the courage to remind their family, relatives and friends around them not to commit corruption, and can also provide information to other people about corruption and eradicating corruption.

M Salman Alfariji

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

Indonesia's democracy has been at the center of intense debate in recent years, with many parties criticizing its increasingly fragile and threatened state. This article aims to analyze why Indonesian democracy is considered destroyed by some parties. First, the analysis begins by examining the decline in the quality of democracy which is reflected in the classification of Indonesian democracy in the implementation of its government. Data showing a decline in civil liberties, suppression of freedom of expression, and abuse of power by those in power that threaten democratic principles. Internal and external factors that contributed to the collapse of democracy in Indonesia. Among the internal factors are abuse of power, corruption, and the inability of institutions to provide adequate protection for citizens' rights. Meanwhile, external factors include geopolitical pressures and the influence of globalization on domestic politics. Such as political polarization that triggers conflict, lack of active participation from civil society, and lack of consolidation of democratic institutions.

Kuswan Hadji; Anggita Lailatun N; Intan Nur A; Nanda Patmawati; Karmila Nuralifah K +2 more

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This journal discusses the optimization of the performance of constitutional law through the Corruption Eradication Commission (KPK) in an effort to reduce corruption, by analyzing the implementation of law enforcement strategies in Indonesia. This research aims to identify the role of the KPK in reducing the number of corruptions, examine the correlation between the integrity of public officials and corruption crimes, and highlight the challenges and obstacles faced by the KPK in carrying out its duties and obligations as a corruption eradication agency. The research method used is descriptive qualitative which uses secondary data in the form of written literature such as journals, articles and laws that are collected, analyzed and concluded so as to get the final conclusion. The results showed that the KPK has an important role in reducing the number of corruption through various law enforcement strategies that have been implemented. In addition, the KPK needs strong political support to carry out its duties effectively. However, sometimes there is political uncertainty and even resistance from parties who have an interest in corruption.  Despite these challenges, the KPK must continue to strive to carry out its duties professionally and transparently in an effort to eradicate corruption in Indonesia. Therefore, steps are needed to improve the performance and effectiveness of the KPK in reducing corruption in Indonesia.

Amelia Claudia; Atha Prima Azaria; Ghina Annisa Nurshaliha; Intan Asri Hakim

Jurnal Riset Ilmu Pendidikan, Bahasa dan Budaya 2024 Asosiasi Periset Bahasa Sastra Indonesia

Indonesian history records the important role of the Vereenigde Oost-Indische Compagnie (VOC) in shaping culture and government systems. The VOC, a Dutch trading company, was dominant in the colonial era, controlling territory that is now part of Indonesia, Malaysia and Singapore. In its influence, the VOC not only brought Western culture but also expanded corrupt practices in Indonesia. This study uses qualitative research methods with a focus on literature study. Data was obtained through analysis of primary and secondary sources, as well as interviews with historians. This approach allows for an in-depth understanding of VOC culture and the impact of the corruption it initiated. Corruption started by the VOC is still a continuing problem in Indonesia because it has affected culture, social structure and government. Efforts to overcome this problem require hard and consistent work from the government and society. The VOC's influence not only introduced corruption during the colonial period, but also left a lasting legacy that influences Indonesia to this day. This corruption has become integrated into the culture and system of government, requiring continued efforts to overcome its impacts.

Herlina Yuliyanti; Lissa Rahmawati; Nera Marinda Machdar

Jurnal Ekonomi dan Pembangunan Indonesia 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Profiling of corrupt perpetrators is done by looking for information such as office or profession, educational level, employment history and criminal background. Because increased tax receipts are not proportionate to the extraction of benefits to the public, it creates mistrust and reluctance to meet tax obligations. It endangers national security in many aspects, such as social, cultural, moral, political, and legal. Literature Review is an in-depth study of a particular topic with a qualitative approach. The purpose of this writing is to discuss and analyze further about the profiling of perpetrators and the massive impact caused by the case of Rafael Alun Trisambodo PNS class III in the General Directorate of Tax Kemenkeu who served as Head of the General Division of Kanwil DJP South Jakarta. His motive for corruption and money laundering was to enrich himself, his family, or anyone else by abusing office. The conclusion of this writing is that efforts to combat corruption are still not optimal as many sides tempt wealth and take advantage of opportunities.

Tampubolon, Steven Paulus Hamonangan; Hartanto, Hartanto

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

Article 33 (3) of the 1945 Constitution of the Republic of Indonesia, is clear that the welfare of the people must be prioritized, however, the problem of mineral and coal mining, at the conceptual level, has not shown an impact on the welfare of the Indonesian people; The author appreciates this change in law. Currently, corruption related to mining has emerged again, namely a loss of IDR 271 trillion, which according to Bambang Hero S. is still an environmental loss or a loss to the country's economy. When compared to BLBI of 138 trillion and Asabri of around 22 trillion, this means that the trading system of tin as one of the mining commodities is the biggest corruption, which was unexpected by the public, but suddenly emerged after the election. Departing from the 1945 Constitution which uses the principle of managing oil and gas resources for the benefit of society and the state. So the problem formulation is how problematic occurs in changes to the regulations of Law no. 4 of 2009 until now it has become Law no. 3 of 2020. At the norm level, changes to the law have accommodated the principles of sustainability and legal certainty, even though implementing regulations do not yet exist. Returning to legal problems in Indonesia, problems often arise in the application of the law, not at the normative level.

Sri Winda Latif; Lisnawaty w Badu; Ahmad Ahmad

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This research is intended to: (1) find out how the review of the imposition of criminal sanctions for abuse of authority by village officials is based on the Gorontalo District Court Decision Number 1/Pid.Sus TPK/2020/PN Gto, and (2) find out what factors influence the imposition of crimes on Gorontalo District Court Decision Number 1/Pid.Sus-TPK/2020/PN Gto. This research uses a type of normative legal research that uses legal norms, including statutory regulations, doctrine, and judge's decisions as a foundation for providing arguments. The approach models used are the statutory approach, case approach and conceptual approach. The research results show: first decision no. 1/Pid.Sus TPK/2020/PN Gto, is not completely correct because prison sentences tend to be low and do not comply with legal principles and harm the sense of justice in society. Apart from that, the implications of the judge's decision in decision no. 1/Pid.Sus TPK/2020/PN Gto, if examined from the perspective of the principles of justice, expediency and legal certainty, these principles have not been fully implemented because it can be seen from the low number of judges' sentences against defendants. Second, the factors influencing the imposition of criminal sanctions in case no. 1/Pid.Sus TPK/2020/PN Gto, it was the absence of aggravating reasons applied by the panel of judges, and the public's perception or opinion of the defendant not being considered, which resulted in the sanction imposed being only 3 (three) years in prison.

Kuswan Hadji; Kingkin Setyaningsih; Anugraheni Wardah Ulinnuha; Bemby Navita; Nabila Raihana +1 more

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2024 International Forum of Researchers and Lecturers

The position of the prosecutor's office in the Indonesian constitutional system is a law enforcement agency whose role is as a prosecutor in the justice system, which is also related to the legal system. However, this is not stated in the 1945 Constitution of the Republic of Indonesia. The position of the Corruption Commission (KPK) in the Indonesian constitutional system is often discussed, the Constitutional Court decided differently on several occasions in its (KPK) decisions regarding the position of the Indonesian constitutional system in that system. The Constitutional Court once considered that the Corruption Eradication Committee (KPK) is an independent state institution that is not included in the executive powers of parliament and the judiciary.

Ahmadi, Mirzam Arqy; Abdillah, M.Ilham Timur

This article discusses the management of labor costs in the public sector with a focus on the management of non-permanent employees (PTT) and outsourcing alternatives. This research highlights problems in personnel management, especially employee expenditure costs that must be borne by government agencies. This study reviews cost control systems, labor costs, and methods for managing honorary staff costs in government. The findings show that outsourcing is more efficient than recruiting PTT or temporary workers as a solution to control labor costs. Additionally, this paper recommends Activity Based Costing (ABC) method for public sector organizations to provide valuable information related to detailed cost data. This research shows that decentralizing recruitment in local governments can improve efficiency, effectiveness and fairness, but can also lead to corruption and disparities in the distribution of human resources. Cost control, outsourcing, and the use of Activity-Based Costing (ABC) can help public sector organizations manage costs and increase operational efficiency. To achieve better governance, operational efficiency and effective cost control, public sector organizations need to consider the various strategies and methods described in this research.