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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.

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.

Moh. Taufik; Fajar Dian Aryani; Shintia Aulia

International Journal of Education and Literature 2024 Lembaga Pengembangan Kinerja Dosen

This research discusses the House of Representatives' (DPR) Right to Inquiry against the Corruption Eradication Commission (KPK) in the context of constitutional law in Indonesia. The right to inquiry is one of the control instruments possessed by the DPR to monitor the performance of state institutions, including the Corruption Eradication Commission. However, the application of the right to inquiry against the Corruption Eradication Committee has given rise to a number of debates regarding its authority and limitations in the constitutional justice system. This research analyzes the constitutional and regulatory basis regarding the DPR's right to inquiry against the KPK, as well as its impact on the independence and effectiveness of the KPK in eradicating corruption. By considering a constitutional law perspective, this research also evaluates the political and legal implications of implementing the right to inquiry against the Corruption Eradication Commission in the context of the system of monitoring and eradicating corruption in Indonesia.

Rusdi Sanmas

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

This study aims to determine the criminal law policy in the return of state financial losses in the form of replacement payments by corruption convicts and to determine the efforts made by police investigators in overcoming obstacles to the return of state financial losses in the form of replacement payments by corruption convicts. The method used in this study is a qualitative method, with a normative legal approach as the main approach and empirical legal as a supporting approach. The data sources in this study were obtained from secondary data as the main data and primary data as supporting data. Furthermore, the data were then processed using qualitative methods. The results of the study obtained information that the criminal payment of replacement money has been regulated in Law No. 31 of 1999 concerning the Eradication of Corruption as amended by Law No. 20 of 2001. The amount of replacement money payment is the same as the assets obtained from the crime of corruption. If the replacement money is not paid, the convict is sentenced to imprisonment for a period not exceeding the maximum threat of the principal sentence. Therefore, the return of state financial losses cannot be optimal. The amount of compensation for state financial losses needs to be increased, by confiscating and seizing the perpetrator's assets/wealth. The Asset Confiscation Law needs to be formed as a legal basis for confiscating assets from corruption.

Nadya Shahnaz Gabriella; Akbar Ramadhan Gumas; Ardinia Awanis Shabrina; Febrianita Aisyah Putri

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

Corruption originates from the Latin word corruptio, which was used by Aristotle in his book degeneratio et corruptione It means change or deterioration and has no connection to power or money . Corruption offenses fall under the category of special criminal acts, thus requiring specific measures to eradicate them Indonesian positive law regulates the eradication of corruption offenses in Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption Offenses. Corruption is an extraordinary crime; its impact can harm democratic values, morality, national finances, and violate social and economic rights of the community It also poses a threat to the aspirations towards a better society. The factors that cause corruption are as follows: (1) Individual behavior, (2) Political factors, (3) Economic factors, (4) Legal factors, (5) Social factors This study aims to understand and provide information about corruption, types of corruption, and the factors that cause corruption in general.

Ryan Perdana Simamora; Rahul Ardian Fikri

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The State of Indonesia is a state of law, which means that all legal regulations in force in the State of Indonesia must be obeyed by citizens and state administrators. However, in fact, there are still many legal regulations that are violated by citizens and state administrators, such as in cases of corruption. Corruption in Indonesia is very rampant from year to year. Therefore, it is necessary to enforce the law on corruption in order to realize upholding the rule of law, upholding justice and realizing peace in society. However, it is very worrying, it turns out that the law enforcement of corruption in Indonesia is classified as very weak. This can be seen from the fact that there are still many lawmakers or law enforcers themselves who commit acts of corruption. The formulation of regulations regarding criminal acts of corruption is a long process that has been going on since the issuance of Law Number 1 of 1946 concerning Criminal Law Regulations on February 26, 1946 which made the legal basis for changing Wetboek van Strafrecht voor Netherlands Indie to Wetboek van Strafrecht (WvS), which later known as the Criminal Code. Until now, the regulations regarding criminal acts of corruption are still undergoing changes, with the latest amendments being through Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes and Law Number 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption , 2003 (United Nations Convention Against Corruption, 2003). From the long journey of formulating regulations regarding criminal acts of corruption, it turns out that legal loopholes are still found, especially in the regulation regarding criminal acts of corruption, bribery and gratuities.

Yunitra Marlinda Mau; Orpa G Manuain; Darius A Kian

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

The purpose of this study is to analyze the imposition of penalties under the minimum criminal threat against perpetrators of corruption extortion by civil servants (PNS) at the Class III port of Larantuka, East Nusa Tenggara (Case study: Kupang District Court Decision Number 17/Pid.Sus-Tpk/2017/Pn.Kpg). This research is a normative juridical research which means that the author does not use samples and data collection is carried out by the library method, with the object of study. After the data is obtained, the author will analyze juridically normative data obtained on the object of study. The corruption case of I Wayan Adisucipto SN was proven to have violated Article 12 letter e Jo Article 12 A of Law No. 31 of 1999 jo Law No. 20 of 2001 concerning Eradication of Corruption, which states a maximum of 20 years in prison or life imprisonment and a minimum of 4 years, but in reality the judge imposed a prison sentence of only 5 months, the decision imposed by the judge that is not considered according to / based on the law will be null and void. The imposition of a 5-month sentence for the defendant by the judge in Number: 17/Pid.Sus-Tpk/2017/Pn.Kpg is not in accordance with the punishment system. From this research, the author can conclude that the Judge's consideration is not based on the provisions of the legislation, namely Article 12 letter e jo Article 12 A Paragraph (2) of Law No. 31 of 1999 Jo Law No. 20 of 2001 concerning Eradication of Corruption which is a minimum imprisonment of at least 4 (four) years and a maximum of 20 (twenty) years so that it is contrary to the applicable law.   

Dinda Ayu Ramadhani; Rahul Ardian Fikri; H. Abdul Razak Nasution

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

Corruption is a problem that needs to be taken seriously and is a legal issue in every country in the world, including Indonesia. The disease of corruption is increasingly rampant. The seriousness of the government in overcoming criminal acts of corruption is the establishment of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The formulation of the problem discussed in writing this thesis is Regarding the Application of the Criminal Act of Assistance in corruption. The research method used in writing this thesis is a research method carried out with a Normative Juridical Approach, namely Legal Principles and referring to Legal Norms contained in the library research method (library research), namely conducting research using data from various reading sources such as Laws - Invitations, books, magazines and the internet which are considered relevant to the problems that the author will discuss in this thesis. The assistance of corruption crimes committed by Widjokongko Puspoyo who helped Widjanarko Puspoyo receive gifts from Bulog partners caused Widjokongko Puspoyo to be punished for violating Article 11 Law No. 20 of 2001 concerning changes to Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 15 of Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 56 1 of the Criminal Code. Assistance in Corruption Crimes is regulated in Article 15 of Law No. 31 of 1999, in this article it states that the act of assisting corruption will be punished the same as the perpetrators of corruption in accordance with the provisions in Law No. 31 of 1999 as has been amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. In Article 15 Criminal Responsibility for Assistance Crimes in corruption cases is seen from the extent to which the act of assisting the Corruption Crime was carried out. In determining the amount of punishment for the assistant to the criminal act of corruption, it can be seen from the articles violated by the assistant to the criminal act of corruption      

Melky AS Mendrofa

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

Confiscation of assets regulated in criminal acts of corruption is based on Article 18 paragraph (1) of Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The form of asset confiscation without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption consists of an asset confiscation system using the Non Conviction Based Asset Forfeiture model and implementing the mandate of UNCAC as the State. The establishment of legal rules regarding confiscation of assets without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption in realizing a welfare state, at least taken in several progressive legal steps, namely improving statutory regulations, strengthening coordination between law enforcement agencies, and accelerating finalize the Asset Recovery Act.

Alwandani Alwandani; Yasmirah Mandasari Saragih; Rahul Ardian Fikri

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

Corruption is a problem that needs to be taken seriously and is a legal issue in every country in the world, including Indonesia. The disease of corruption is increasingly rampant. The seriousness of the government in overcoming criminal acts of corruption is the establishment of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The formulation of the problem discussed in writing this thesis is Regarding the Application of the Criminal Act of Assistance in corruption. The research method used in writing this thesis is a research method carried out with a Normative Juridical Approach, namely Legal Principles and referring to Legal Norms contained in the library research method (library research), namely conducting research using data from various reading sources such as Laws - Invitations, books, magazines and the internet which are considered relevant to the problems that the author will discuss in this thesis. The assistance of corruption crimes committed by Widjokongko Puspoyo who helped Widjanarko Puspoyo receive gifts from Bulog partners caused Widjokongko Puspoyo to be punished for violating Article 11 Law No. 20 of 2001 concerning changes to Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 15 of Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 56 1 of the Criminal Code. Assistance in Corruption Crimes is regulated in Article 15 of Law No. 31 of 1999, in this article it states that the act of assisting corruption will be punished the same as the perpetrators of corruption in accordance with the provisions in Law No. 31 of 1999 as has been amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. In Article 15 Criminal Responsibility for Assistance Crimes in corruption cases is seen from the extent to which the act of assisting the Corruption Crime was carried out. In determining the amount of punishment for the assistant to the criminal act of corruption, it can be seen from the articles violated by the assistant to the criminal act of corruption.

Muhammad Alvito Dary; Supanto Supanto; Ismunarno Ismunarno

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This gratuity is a practice that often occurs in a nation, which is carried out by state administrators or state officials. Gratification is one form given to state administrators or state officials to influence the performance of public officials which can create the potential for creating an economy at high costs and can affect the quality and fairness of services provided to the community. In the development of this gratification, initially gratification only took the form of money and goods, but in fact the practice of gratification has developed in the form of sexual services. This research seeks to answer the issue of limits on gratification as regulated in Article 12 B of the Corruption Eradication Law. Because the existence of gratification for sexual services must be regulated first so that the perpetrator can be subject to criminal sanctions. As a comparison for this research, it uses a comparative method by examining legal regulations regarding gratification in another country, namely Singapore.

Nuryono Nuryono

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is still a scourge and a sore that destroys the economic joints of a country or nation. Problem formulation: 1) What is the normative basis of the authority of the District Attorney's Office in overcoming corruption; 2). What is the role of the District Attorney's Office in overcoming corruption? This research will be compiled using the normative legal research type. The data sources used are primary and secondary data. Secondary data in this study include: Primary legal materials, consisting of: Law Number 48 of 2009 concerning Judicial Power, Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, Law Number 31 of 1999 which has been amended to Law Number 21 of 2001, Law Number 30 of 2002 concerning the Corruption Eradication Commission, Law Number 46 of 2009 concerning the Corruption Court. Research results: 1). Protection of patient rights as consumers in medical records is the existence of regulations that The normative basis for the authority of the District Attorney's Office in dealing with corruption crimes is divided into two, namely preventive handling and repressive handling. Preventive handling of corruption crimes by the prosecutor's office is an action taken within the framework before the crime or criminal act occurs, the legal basis for which is Article 30A and Article 30B letter d of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. The main umbrella is Law Number 8 of 1981 concerning the Criminal Procedure Code, especially those stated in Article 1 number 6 letters (a) and (b) of the Criminal Procedure Code. The prosecutor as a criminal investigator also serves as a public prosecutor in handling corruption crimes. So to complete his obligations, the prosecutor must cooperate with other related parties. Cooperation with other parties is called a legal relationship, because in carrying out cooperation in a rule or law that is certain in nature. Legal relations with other parties can be individuals, legal entities and other government agencies.    

Akmal Akmal

Jurnal MIMBAR ADMINISTRASI 2024 Universitas 17 Agustus 1945

Efforts to eradicate criminal acts of corruption have become the mandate of the Indonesian nation and have been outlined in the Decree of the Indonesian People's Consultative Assembly (MPR) Number XI/MPR/1998 concerning the Administration of a State that is Clean and Free of Corruption, Collusion and Nepotism. This mandate was then followed up with Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. The application of a reversal of the burden of proof system in reporting gratuities in the context of eradicating corruption has been implemented by Malaysia and Singapore. The implementation of the system of reversing the burden of proof in reporting gratuities in Law Number 20 of 2001 is expected to prevent criminal acts of corruption more optimally and effectively, at least reducing the corrupt practices that have occurred so far.

Maulana Yusuf Setiyawan

Journal of Student Research 2024 Pusat Riset dan Inovasi Nasional

Corruption in Indonesia has spread like a virus since the 1960s and has harmed not only the victims of this crime, but also the national economy. The government is trying to eradicate such crimes, namely law enforcement, but the problem persists. Standard legal research methods were used in the current study. A statutory approach was used to consider the termination of an investigation as a basis for filing an earlier trial by a third party whose data was collected from a library review. To analyze the data, the researcher examined the materials obtained for further processing. As a result, it was revealed that there is still a huge gap between law enforcement officials and those who suffer from corruption cases. The pretrial complaint mechanism still leaves ambiguity in the hearts of victims because it has not been effective. Therefore, based on the findings, we recommend that law enforcement officials implement some serious and clear eradication mechanisms to reduce corruption and victims in Indonesia.  

Isti Puspitasari; Erviyanti Rosmaida; Taufiqurrohman Syahruri

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Decision Number 2205 K/Pd/Sus/2022 The Supreme Court again upheld the acquittal decision of Samin Tan as the owner of PT Beneficial Ownershiprneo Lumbung Energi & Metal (PT BLEM). The panel is of the opinion that the giver of gratification cannot be punished because the Corruption Eradication Law is not designed to punish the giver of gratification even though Samin Tan's position as the giver of gratification is the ultimate beneficiary owner of PT BLEM. The research method used in this research is using normative juridical research methods and using literature study techniques to answer the problems in this research. The result of the discussion of the first problem formulation is that Samin Tan cannot be held criminally responsible because the person giving the gratification is not criminalized under the law even though Samin Tan is the ultimate beneficiary owner who has the potential to commit this act because it is in the interests of his company. The result of the discussion on the formulation of the second problem is that the judge's considerations in the decision did not prioritize a sense of justice and expediency because they only prioritized legal certainty which resulted in Samin Tan being able to escape the demands of the public prosecutor.

Natal Kristiono; Erisandi Arditama; Wahyu Beny Mukti S; Rudi Salam; Hanik Latifah +4 more

Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia 2023 Fakultas Teknik Universitas Maritim AMNI Semarang

Education has the function of instilling, developing, and implementing rational values, regularity, diligence, and productive attitudes which in turn are able to bring about humans who have noble character, are devoted to God Almighty, and have human values. Pancasila and Citizenship Education or what is more often called PPKn is one of the subjects that must be given to students in order to form good citizens, loyal to Pancasila and the 1945 Constitution. The aim of this activity is to increase the competency of PPKn teachers in the field of Anti-Corruption Education, eradicating corruption through more effective and systematic educational strategies through students and teachers in anti-corruption outreach efforts. The implementation method is training which aims to increase understanding of the dangers of criminal acts of corruption and strengthen commitment as an extension of the eradication of corruption, followed by training in the form of mentoring prospective Anti-Corruption Counselors. It is hoped that the results of this activity will be that participants will later become anti-corruption educators, which requires a strong will and determination to lead the anti-corruption movement, namely perfection in conveying basic anti-corruption information and integrity. willing to have anti-corruption teacher qualifications

Muchamad Catur Rizky; Didit Darmawan; Suwito Suwito; Rio Saputra; Novritsar Hasitongan Pakpahan

Jurnal Manuhara : Pusat Penelitian Ilmu Manajemen dan Bisnis 2023 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Corruption in Indonesia is a chronic problem that damages the social and economic structure of the country. This paper explores the history of corruption from feudal times to the modern era, highlighting corrupt practices as part of the culture of government. The government has taken serious steps by establishing anti-corruption regulations and institutions to eradicate corruption that harms society and the state. This research uses the literature study method with a focus on improving governance and increasing transparency as an effort to prevent corruption. Through qualitative analysis, this research evaluates the effectiveness of existing anti-corruption regulations and institutions, as well as understanding the impact of corruption on people's social and economic rights. The results show that the government has taken concrete steps, such as establishing the Corruption Eradication Commission (KPK) and encouraging the use of information technology. However, the fight against corruption is faced with structural, cultural, instrumental and management barriers. Measures to improve governance and increase transparency are key to preventing corruption. Challenges include organized corruption, corrupt practices in the private sector, and non-compliance with regulations. Lack of resources is a constraint, and corruption in complex bureaucratic systems complicates case handling. Improving coordination, transparency, and public participation is needed to overcome these challenges. The government needs to continuously monitor and evaluate the effectiveness of corruption-fighting measures. Regular evaluation, public participation, and human resource capacity building are key to creating a strong and resilient system against corrupt practices. Collective awareness and cooperation between the government, anti-corruption organizations, and society are essential to build an Indonesia that is clean from corruption and just for all its people.  

Dzikraa Febry Fauzie; Komariah Komariah; Yayang Furi Furnamasari

Jurnal Bintang Pendidikan Indonesia 2023 Pusat Riset dan Inovasi Nasional

This research is motivated by the problem of corruption, which is currently still the main cause of obstruction of national development. Anti-corruption education as a preventive form of corruption eradication is attempted to build anti-corruption attitudes and understanding of students. Indications that students are infected with corruption are characterized by lying to get benefits and lack of discipline. Seeing the challenges in order to improve the character of students, the P5 program was formed, namely the profile project of strengthening Pancasila students in the independent curriculum. Thus, this research aims to create an interactive learning media in the form of an E-Book with the title "Berani Anti Korupsi" as a facilitator for students to learn anti-corruption education through P5 activities.  This research uses the ADDIE model which consists of five stages, namely Analysis (Analyze), Design (Design), Development (Development), Implementation (Implementation) and Evaluation (Evaluation). The results of the assessment obtained through experts and users indicate that the Interactive E-Book media "Brave Anti-Corruption" can be applied as a learning media that supports anti-corruption education in Fourth grade in elementary school. 

Maysanda Rahmanisa Zahra; Khalisha Nasywa Permana; Yazid An Naufal; Savero Pramudika Arya Wibowo

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

State institutions have an important role in eradicating corruption. There are several state agencies that have a major role in eradicating corruption, one of which is the Corruption Eradication Commission (KPK). The KPK is an independent institution, namely the agency responsible for eradicating corruption. The existence of the KPK in fighting corruption is very important. However, it is necessary to improve the performance of these institutions so that the eradication of corruption can run more smoothly. Political support, good coordination, and adequate resource allocation must be a priority in efforts to eradicate corruption. In this article we will discuss the duties and powers of the KPK state institution in eradicating corruption, the challenges encountered in eradicating corruption in Indonesia, the strengths between state institutions and the KPK, efforts to strengthen the credibility of the KPK in eradicating corruption in Indonesia and, the impact of corruption eradication efforts by the agency. the state towards increasing the integrity and public trust in the government and state institutions in Indonesia. This article is an article using library research methods (library research).

WIDIASTUTI, TRI WAHYU

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

Abstract: Corruption as a crime has destroyed the life of a nation as well as paralyzed its funtion to serve, to give welfare and education to its people.  It is practiced widely and systematically, involving every single state apparatus n groups. In this condition, even a good one will be segregated by others. State apparaturs does not work for the sake of people, instead they work for their own wealth. Therefore, corruption is regarded as an extra ordinary crime and its eradication effort must be in extra ordinary one as well. Keywords: corruption, extra ordinary crime.