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Pulu, Ican; Monira A. Kasim; Roy Marthen Moonti

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The specific minimum sentence in corruption crimes aims to provide a deterrent effect and guarantee legal certainty. However, after the Constitutional Court Decision No. 25/PUU-XIV/2016, there has been a shift in the sentencing paradigm, where judges are given discretionary space to consider substantive justice even though the minimum sentence provisions still apply. This study uses a normative juridical method with a statutory regulatory approach and case studies, and is analyzed using the ASTACITA framework. The results of the study show that the Constitutional Court's decision strengthens the independence of judges but also opens up the potential for disparity in sentencing and legal uncertainty, especially in cases involving justice collaborators. This study emphasizes the importance of a balance between legal certainty and substantive justice, as well as the urgency of national sentencing guidelines to prevent deviations in discretion. ASTACITA is used as a normative basis in measuring the proportionality and accountability of sentencing in the corruption criminal law system in Indonesia.

Dino Rizka Afdhali; Yanto Yanto; Slamet Tri Wahyudi

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Under Law No. 1 of 2023 or the New Criminal Code, capital punishment is regulated as a punishment that involves the deprivation of the defendant's life for serious crimes committed, with its implementation following the procedural rules for capital punishment in Indonesia. The provisions outlined in Article 67 of the New Criminal Code specify the application of capital punishment in Indonesia, stating that it is no longer the primary punishment but rather the last resort after a ten-year probationary period. This study uses a normative legal method with legal sources such as primary legal materials, namely laws regulating capital punishment, as well as secondary legal materials, which explain and clarify the primary laws. The debate on capital punishment involves two main schools of thought, namely those who support the application of capital punishment for serious crimes and those who reject the application of capital punishment due to the human rights perspective adopted by the Indonesian state.  Criticism of the death penalty includes issues of the right to life and the legal treatment that should be given by the government to defendants for extraordinary crimes, especially in cases of corruption, premeditated murder, and narcotics. In this study, it was found that (1) the optimal form of regulation of the death penalty for extraordinary crimes has actually been implemented quite well, but the execution of the death penalty is still considered weak by the author because the execution must be preceded by a waiting period of several years in prison for the condemned prisoner (2) that the death penalty is not contrary to human rights, whether viewed from a legal, religious, or international perspective. (3) The new Criminal Code can balance the retributive and rehabilitative aspects as the ideal concept for the implementation of the death penalty. However, in some provisions, it is hoped that the death penalty can be used as a Premium Remedium in certain cases.

Avilla Deva Aryanda; Ali Masyhar; Cahya Wulandari

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The implementation of the death penalty remains controversial, especially when viewed through the lens of human rights such as the right to life and freedom from torture. In Indonesia, the death penalty is enforced for serious crimes, but not yet applied to corruption. This research explores the possibility of applying the death penalty to corruption cases and identifies the obstacles hindering its enforcement. Using a normative legal research approach, this study examines both primary and secondary legal materials. Corrupt acts in Indonesia are punishable by imprisonment, restitution, and in severe cases, the death penalty. The enforcement of penalties is part of Indonesia's criminal justice system, encompassing legal substance, legal structure, and legal culture. From a criminal policy perspective, the death penalty may serve as a deterrent and contribute to social welfare. However, its implementation faces challenges, including weak legal foundations, concerns over human rights, and pressure from international human rights agreements.

Ilhan Nurdipa; Anita Zulfiani

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the extent to which the identification doctrine is applied in establishing corporate criminal liability for acts of corruption. The increasing number of corruption cases involving corporate entities poses a challenge for the criminal justice system in attributing legal fault to legal persons that lack independent intent or will. The objective of this research is to analyze how the identification doctrine is utilized to bridge this issue and to assess its effectiveness and fairness in judicial practice. This study employs a normative legal approach using qualitative methods through the analysis of statutory regulations, legal doctrines, and court decisions. The findings indicate that although the identification doctrine provides a logical foundation for prosecuting corporations through the actions of their directors or executives, its application still faces challenges in distinguishing between individual actions taken personally and those undertaken on behalf of the corporation. This ambiguity may result in legal uncertainty and injustice in the enforcement of criminal sanctions. Therefore, clear and firm criteria are necessary in determining corporate criminal liability to support a more just and accountable legal system.

Adia Talitha; Dimas Ramdhani Abimanyu Permadi; Sanesa Putri Vinata; Cantika Putri Tuti Susanti; Nabila Aprilia Arianto +3 more

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is an abuse of power, the impacts of corruption include damaging democratic values, morality, harming the state financial system, violating the social and economic rights of the community and being a threat to the ideals of a just and prosperous society. This can be seen from the cases of corruption that have been successfully uncovered by the KPK, namely the corruption of Pertamina which has been prosecuted at the Central Jakarta District Court. The method used is normative legal research with a statutory regulatory approach. This research aims to prevent significant state losses, ensure the accountability of public officials, and maintain the integrity of the company. In addition, this effort is to create public trust in the management of national energy resources. The results of the study show that this process involves coercive measures recorded in the examination report. The Attorney General's Office is currently examining eight witnesses, including Fitra Eri, in a case of alleged corruption related to the management of crude oil and refinery products of PT Pertamina (Persero)..  

Fredrik Bastian Kawani; Selda Wilau; Riska Trivena Ladinggo; Marsela Gitania Elsa Mba; Olvina E.A Sangkalabu +9 more

Pemberdayaan Masyarakat: Jurnal Aksi Sosial 2025 Lembaga Pengembangan Kinerja Dosen

Corruption is one of the serious problems that hinders development and public welfare throughout Indonesia, including in the Pamona sub-district area. One of the efforts to prevent corruption is to start early through education and socialization that discusses the values of integrity, honesty and responsibility to all levels of society so that they will be aware of the dangers of anti-corruption and behave anti-corruption from an early age. In fact, corruption has actually occurred from the simplest things to more complex things. The purpose of this study is to increase public understanding of the dangers and impacts of corruption in social life. This study uses a quantitative approach method. The method used is internet searching, a method of collecting data in research conducted by searching for information on the internet through search engines. The results of this study indicate that this activity strengthens the culture of anti-corruption and builds collective awareness to create a clean and integrated village government environment.

Fredrik Bastian Kawani; Selda Wilau; Riska Trivena Ladinggo; Marsela Gitania Elsa Mba; Olvina E.A Sangkalabu +9 more

Pemberdayaan Masyarakat: Jurnal Aksi Sosial 2025 Lembaga Pengembangan Kinerja Dosen

Corruption is one of the serious problems that hinders development and public welfare throughout Indonesia, including in the Pamona sub-district area. One of the efforts to prevent corruption is to start early through education and socialization that discusses the values of integrity, honesty and responsibility to all levels of society so that they will be aware of the dangers of anti-corruption and behave anti-corruption from an early age. In fact, corruption has actually occurred from the simplest things to more complex things. The purpose of this study is to increase public understanding of the dangers and impacts of corruption in social life. This study uses a quantitative approach method. The method used is internet searching, a method of collecting data in research conducted by searching for information on the internet through search engines. The results of this study indicate that this activity strengthens the culture of anti-corruption and builds collective awareness to create a clean and integrated village government environment.

Amos Aldy Bessie; Reny R. Masu; Orpa G. Manuain

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Corruption is one of the serious problems currently being faced by many countries in the world, including our country Indonesia. Not only does it harm the country's economy, corruption has also been proven to hinder the development of a country and create social injustice. This study aims to determine the basis for the judge's considerations in granting a pretrial motion by the former deputy minister of law and human rights and than the judge's decision related to the determination of the suspect in the pretrial motion. The method used in this study is normative legal research with a Legislation approach, Conceptual Approach, and Case Approach. The data collection technique used is library research, the data is collected and then analyzed using descriptive qualitative analysis. The results of the study show that the basis for the judge's considerations in the pretrial motion decision on the Eddy Hiariej case shows the judge's tendency to focus more on formal aspects than material aspects. The judge's decision in granting a pretrial motion, especially in corruption cases such as the Eddy Hiariej case, the judge should not limit his considerations only to the due process of law aspect which emphasizes procedural accuracy. However, on the other hand, judges are also required to pay attention to the dimensions of the crime control model, which emphasizes the effectiveness of eradicating crime, as well as the principle of substantive justice, which demands justice based on material truth.

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.

Claragista Intan Asriani; Asyam, Muhammad

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia as a country of law and democracy has a solid foundation in Pancasila and the 1945 Constitution of the Republic of Indonesia. The dynamics of law enforcement and democracy in Indonesia are inseparable from the influence of historical,socio-political, and cultural factors that shape the course of the national legal system. This study uses the literature review method to examine the results of related studies, which show that aw enforcement in Indonesia faces various challenges, ranging fro legal pluralis, structural injustice, to political influence and technological developments in the digital era. Indonesian democracy is rooted in the values of Pancasila which demand social justice, respect for human rights, unity, and deliberation. However, in enforcement is still often hampered by corruption, weak integrity of legal complexity in a multicultural society.

Naila Zakiyatun Fakhiroh; Nina Desylia

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Corruption is a very serious form of crime that destroys the system of government, hinders development, and reduces public trust in state institutions. In terms of law enforcement in the country, the Attorney General's Office has an important position as an institution authorized to investigate and prosecute corruption cases. Based on Law Number 16 of 2004 together with Law Number 11 of 2021, the Attorney General's Office not only acts as a public prosecutor, but also as an investigator in corruption cases. This article aims to discuss the role and authority of the Attorney General's Office from a legal political perspective, as well as to analyze the various challenges faced in efforts to eradicate corruption. This research uses a normative juridical approach and legal politics, with a literature method through the study of laws and regulations, official documents, and scientific literature. The results of the study show that formally, the Attorney General's Office has a strong legal basis in handling corruption cases, including the authority to investigate, prosecute, and execute court decisions. However, in practice, the AGO faces various obstacles such as a weak legal system, a culture of impunity, political intervention, and limited human resources. To improve the effectiveness of law enforcement, it is necessary to strengthen institutional capacity, the independence of law enforcement officers, the utilisation of information technology, and synergy between law enforcement agencies. Anti-corruption education, public involvement in monitoring, budget transparency, and international cooperation are also important parts of the overall corruption eradication strategy. With a holistic approach, the Attorney General's Office is expected to be at the forefront of realising fair, transparent and accountable law enforcement.

Naili Amalia; Rahmi Syafitri

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Corruption is an issue that has received attention in the Qur'an, although it has not been studied in depth in terms of legal aspects and scientific research. Some verses of the Qur'an contain concepts related to corruption, but have not yet become the main reference in Islamic legal studies. This study aims to reveal the meaning of corruption in the Qur'an through the analysis of relevant verses and the interpretations of the mufassirs in various books of interpretation. The focus of this study is to explore the Qur'anic perspective on corrupt practices by referring to the interpretations of the scholars of tafsir. In the Qur'an, some terms that approach the meaning of corruption include robbery (hirabah), theft (as-sariqah), treason (al-ghulul), and bribery (as-suht).

Yahya Boudelo; Dian Ekawaty Ismail; Erman I. Rahim

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study discusses law enforcement against corruption crimes that occur in the process of providing People's Business Credit (KUR) facilities at the BRI Bone Pantai Unit as well as the form of criminal responsibility from the management of the banks involved. Through a normative-empirical approach, this study illustrates the weak internal supervision system of banks and the inefficiency of coordination between law enforcement that causes state losses of billions of rupiah. The findings show that the modus operandi in the form of data engineering and abuse of authority is carried out by bank employees in collaboration with external parties. The law enforcement carried out has not touched the structural roots of the weaknesses of the banking system and business ethics in the distribution of KUR. In the context of Lawrence M. Friedman's theory of legal systems, aspects of the structure, substance, and culture of the law show a failure to guarantee accountability and prevention. Therefore, the reconstruction of law enforcement needs to involve systemic improvements, the strengthening of management's criminal responsibility, and the strengthening of the capacity of the bank's internal supervisory institutions so that public trust in the KUR program can be restored.

Rendra Setiyo Perman; Ali Akbar Rafsanjaya; Lia Febrianti; Aisha Nurhayati Istitaah

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to determine the form of legal modification of the authority of the district/city regional inspectorate in preventing criminal acts of corruption in the district/city regional government. The research method used is normative legal research. The results of the study indicate that the authority of the District/City Regional Inspectorate as regulated in several laws and regulations urgently needs to be modified to strengthen the authority of the District/City Inspectorate in preventing criminal acts of corruption in the District/City Regional Government. The modification in question is carried out in the form of revision/change of laws and regulations, where currently the position of the District/City Inspectorate is still parallel to the Regional Apparatus Organization, in the future it will be parallel to the Regional Secretary. The second modification is carried out in the form of repositioning the Role/Duties of the District/City Regional Inspectorate by encouraging the realization of Good Governance and Clean Government, Developing Supervisory Synergy, Supporting Efforts to Eradicate Corruption, Optimizing the Increase in State Revenue, Playing a Role in the Implementation of Regional Autonomy. While the third modification that can be done is through Institutional Development through the development of structures, Work Procedures, and Human Resources.

Revana Revana; Vera Ayu Lestari; Meydilah Ayu Nafisah; Alfiki Istumetia Laila.R; Elza Putri +1 more

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The corruption that occurred at PT Pertamina reflects the weak integrity of public officials and the inadequacy of internal oversight systems. The positive legal approach has proven ineffective in addressing corruption in practice. Therefore, this study departs from the need for an alternative approach based on Islamic political values such as trustworthiness (amanah), justice, and supervision in addressing corruption within state-owned enterprises (SOEs). This research employs a descriptive qualitative approach using a literature review method. Data were collected from academic journals, official reports by the Corruption Eradication Commission (KPK) and the Audit Board of Indonesia (BPK), as well as credible media sources. The data were analyzed by categorizing them according to the principles of trustworthiness, justice, and supervision, and then interpreted through the framework of Islamic political thought to deeply understand the root causes of corruption. Corruption in PT Pertamina involves power protection, budget manipulation, and procurement fraud. Violations of trust, injustice in resource distribution, and weak supervision indicate the absence of Islamic principles in corporate governance. Ethical and spiritual values have not yet been internalized within the bureaucratic system and organizational culture of SOEs. This study concludes that corruption in PT Pertamina is a result of the loss of trust, the breakdown of justice, and weak oversight. An Islamic political approach that emphasizes ethics and spiritual responsibility is highly relevant to be applied. These values can help form a just and transparent governance system and rebuild public trust in SOEs.

Tasya Darosyifa; Handar Subhandi Bakhtiar

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

Corruption remains a serious issue that hinders development and erodes public trust in the government, particularly in countries like Indonesia and Malaysia. Both nations have long histories of dealing with systemic corruption. This study aims to compare the legal systems and anti-corruption law enforcement in Indonesia and Malaysia to identify challenges and areas for improvement. The research uses a descriptive qualitative method with a Systematic Literature Review (SLR) approach, analyzing legal documents, academic journals, and regulations related to anti-corruption agencies in both countries. This study employs legal system theory and institutional theory. The main problem examined is how anti-corruption law enforcement differs between Indonesia and Malaysia and what the main enforcement challenges are. The findings show that while Indonesia’s Corruption Eradication Commission (KPK) was once powerful, recent political interference and regulatory revisions have weakened its impact. Conversely, Malaysia has more comprehensive legal instruments, but its enforcement agencies struggle with independence and political pressure. In conclusion, both countries must strengthen legal supremacy, institutional independence, and public engagement to enhance the effectiveness of anti-corruption efforts.

Saidi Saidi; Laeli Nur Khanifah; Farhan Ramadhan; Muhamad Fikri; Satrio Ramadhan

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption remains a longstanding issue that continues to draw attention—not only at the national and regional levels but also at the village level, which serves as the frontline of governance. Since 2015, the Indonesian government has disbursed Village Funds to promote rural development and welfare; however, misuse of these funds frequently occurs. This study focuses on Kadubeureum Village, Serang Regency, which in 2020 became the site of a corruption case involving village officials. A qualitative case study approach was employed, utilizing interviews, observations, and documentation. The findings reveal that community participation in the management of the Village Budget (APBDes) is relatively good, with active involvement from various village groups. However, transparency remains weak due to limited access to information and outdated budget information platforms. The management of the APBDes is not fully open to the public, which undermines community trust. These findings indicate that weak transparency, accountability, and oversight in APBDes management may contribute to the occurrence of corruption at the village level.

Rifki Rinaldi Ongi; Dian Ekawaty Ismai; Suwitno Yutye Imran

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This article aims to analyze the role of forensic auditors in the process of proving corruption crimes in Indonesia, as well as the quality of evidence produced by forensic auditors in supporting law enforcement. This study uses a normative legal approach with legislative analysis and a comparative approach. The results of the study indicate that forensic auditors play a very significant role in detecting, uncovering, and preventing corruption through investigative auditing. Forensic auditors are not only involved in the process of gathering evidence related to financial crimes but also serve as expert witnesses who provide strong evidence in court. The quality of evidence provided by forensic auditors depends on their professional competence and the application of systematic analysis techniques, as well as the importance of collaboration with other law enforcement agencies. There is a need for improved regulation, ongoing training, and closer synergy between forensic auditors and legal institutions to strengthen the eradication of corruption in Indonesia.

Evi Ratnawati Setyaningsih; Saring Suhendro; Liza Alvia

International Journal of Management Science and Business 2025 International Forum of Researchers and Lecturers

This research uses the Fraud Control Plan (FCP) as a moderating variable to explore how human resource competency, internal control systems, and internal supervision affect regional government financial reporting. Due to financial reporting transparency and accountability issues, public sector corruption remains rampant, prompting the study. A quantitative approach was used using moderated regression analysis. Lampung Province's Regional Financial and Asset Management Agency (BPKAD) accounting and reporting workers received questionnaires to gather data. The results show that human resource competency, internal control mechanisms, and internal supervision improve financial reporting. The Fraud Control Plan strongly moderates the correlations between human resource competency, internal supervision, and financial reporting quality, but not the internal control system. These findings imply that improving human resource competences, internal supervision, and fraud control may significantly enhance regional government financial reporting openness and accountability.

Afyfah Nurtisna; Melva Zainil

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Anti-corruption education is essential to be introduced from an early age as an effort to build honest, disciplined, and responsible character. Elementary school serves as a fundamental stage to instill these values through the subject of Civics Education (PPKn). This study uses a literature review method by analyzing relevant sources such as journals, books, and official policy documents. The aim is to identify the role of Civics Education in integrating anti-corruption values into elementary education. The findings indicate that Civics Education can serve as an effective medium to foster honesty, care, and responsibility through storytelling, discussions, and role-play methods. Support from teachers, schools, and families, as well as the development of contextual learning media, is needed to make anti-corruption values easier to understand and apply by elementary students.