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Rispan Rispan; Isnaini Harahap; Windu Anggara

Prosiding Seminar Nasional Ilmu Ekonomi dan Akuntansi 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study analyzes the differences between the neoliberal and social democratic paradigms in poverty alleviation policies in Indonesia, by adding an Islamic Economic perspective as an alternative. The neoliberal paradigm focuses on free market mechanisms, deregulation, and minimizing the role of the state, but often exacerbates social inequality. In contrast, the social democratic paradigm balances the role of the market and state intervention through resource redistribution and protection of vulnerable groups through sustainable social programs. Islamic economics offers a complementary approach oriented towards the principles of distributive justice, balance, and solidarity, by integrating spiritual values ​​into socio-economic policies. A qualitative approach is used in this study, with policy analysis of programs such as the Family Hope Program (PKH) and the National Health Insurance (JKN). The results show that the social democratic paradigm is more effective in reducing poverty systemically than neoliberalism, especially through increasing access to education, health, and social protection. However, budget constraints, corruption, and infrastructure gaps remain significant challenges. The Islamic Economic perspective emphasizes the importance of zakat, waqf, and infaq as instruments of wealth redistribution that have the potential to strengthen inclusive and sustainable poverty alleviation policies. This study recommends strengthening the synergy between the paradigm of social democracy and the values ​​of Islamic Economics to create policies that are more effective, equitable, and oriented towards the welfare of society holistically.  

Vivi Hayanti; Timbul Dompak

Proceeding of the International Conference on Social Sciences and Humanities Innovation 2024 Asosiasi Peneliti dan Pengajar Ilmu Sosial Indonesia

The goal of this study is to maximize the Corruption Eradication Commission's (KPK) ability to stop corrupt activities. Within the executive power group, the Corruption Eradication Committee (KPK) is a state institution that exercises its authority and functions independently, unaffected by other powers. This study employs a qualitative approach and descriptive research methods. The study's findings indicate that while the Corruption Eradication Commission's (KPK) performance has improved, it is still not at its best. Corruption can result in large financial losses and erode public confidence in the government.

Suyanto R. Sumarta; Azis Budianto

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

This research aims to explore and reconstruct the legal protection policy for justice collaborators in corruption crimes in Indonesia. Although their existence is vital in combating corruption, many perpetrators are reluctant to come forward due to uncertainty in protection and the potential risks they face. Weaknesses in the existing policies, including a lack of transparency and adequate security guarantees, hinder perpetrators from collaborating with law enforcement. Therefore, this research identifies various challenges faced by justice collaborators and highlights the importance of comprehensive legal protection reform. This study offers recommendations for appropriate and effective legal protection efforts for justice collaborators in handling corruption cases. By analyzing protection practices in other countries and applying restorative justice principles, this research aims to provide solutions that not only protect justice collaborators but also enhance public trust in the justice system. It is hoped that the results of this research can contribute to formulating more effective and responsive policies to meet the protection needs of justice collaborators in Indonesia, encouraging more perpetrators to bravely come forward in the fight against corruption.

Gilang Gemilang; Sumarno Sumarno; Suci Ramadhani

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

The rampant corruption that continues to be demonstrated by public officials makes it seem as if the law has run out of ways to overcome it. And corruption is a type of crime that is only committed by people who have high intellectual capacity and ability. They continue to try how to avoid corruption crimes, so one of the methods they use is the pattern of giving gifts which is actually intended as a form of bribery. This study analyzes the concept of bribery and gratification and the parameters that differentiate between the two as regulated in several Articles of the Corruption Eradication Law. This involves the application of normative legal research supported by court decisions to clarify the differences. The results of this study indicate that bribery requires a meeting of minds between the bribe giver and the bribe recipient which is not found in the decision . The reporting mechanism and reversal of the burden of proof do not apply to bribery while the sting operation does not apply to gratification because it cannot meet the provisions of Article 1 number 19 of the Criminal Procedure Code. Criminal sanctions are also imposed on both the giver and the recipient of the bribe, while the act of the giver of gratification is not a criminal act. Keywords: reversal of burden of proof, caught red-handed, reporting mechanism .

T. Ikhsan Ansyari Husny; Yasmirah Mandasari Saragih; Fauzan Fauzan; Muhammad Faiz Hadi; Ayanda Shiro Kamarullah

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

Corruption is an unlawful act to enrich or obtain one-sided benefits, corruption has rules that have specific characteristics, both regarding formal (procedural) and material (substance) criminal law, law enforcement of corruption in Indonesia depends on the Criminal Justice System itself, from investigation then prosecution, and examination in court and the implementation of the punishment. The formulation of the problem in this study is how the pattern of law enforcement against corruption in the perspective of criminal law in Indonesia, and how efforts and criticism of the eradication of corruption in Indonesia. This research method is descriptive and normative juridical approach, with legal materials as secondary data. relating to law enforcement against criminal acts of corruption in the Indonesian criminal justice system. the criminal justice system in Indonesia is not yet competent in handling criminal acts of corruption because instead of subsidizing, corruption cases in Indonesia are increasing. this is because the four criminal justice systems in Indonesia lack coordination and supervision, and the sanctions given are still considered not optimal so that they have not caused a deterrent effect on the perpetrators and the effect of public satisfaction.

Ricky Setiawan Anas; Ahmad Redi

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

The recovery of state/regional assets is one of the important strategies in preventing corruption in Indonesia. The AGO, as a law enforcement agency, has a central role in restoring state assets suspected of being the proceeds of corruption. However, in practice, the AGO faces various obstacles that affect the effectiveness of asset recovery. Legal constraints such as overlapping regulations, complicated procedures, and asset ownership, are core difficulties. In addition, limited human resources and technology, as well as socio-political factors involving corruption in government institutions, also worsen the asset recovery process. This research focuses on identifying and analyzing the obstacles faced by the AGO in recovering state and regional assets. It also aims to outline the necessary steps to enhance the AGO's effectiveness in preventing corruption.

Gabriel Varel Contessa Dupa

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

This abstract discusses the importance of preventing corruption through effective implementation of the law, especially in relation to stakeholders. Corruption is a serious threat to public trust and the stability of government and private institutions. Strict and fair application of the law is very necessary to create a transparent and accountable environment. By implementing clear rules and heavy sanctions, acts of corruption can be minimized. Active participation of stakeholders, including government, civil society and the private sector, is also very necessary in monitoring and supporting efforts to prevent corruption. This will create good governance and strengthen public trust in institutions.

Ahmad Muwafik; Jordan Fahran Brelian; Anggelica Regina Sinamora; Suhaidi Suhaidi; Mulyadi Mulyadi +1 more

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Currently, corruption is a very worrying problem. The rampant acts of corruption not only affect adults, but also students. Apart from curative action, in the form of providing sanctions, both criminal and administrative, to perpetrators of corruption. It is also important to take preventive action against acts of corruption. This preventive action is taken to prevent corruption in the future. Preventive measures can be taken for adults and students. Providing education on anti-corruption values among students is one of these preventive steps. Starting from this, the authors who are members of the Project Based Learning (PjBL) group organized anti-corruption values education for students at SMA Negeri 109 Jakarta. Through this education, the author also conducted research on the effectiveness of corruption education in terms of preventive measures for corruption. This research uses qualitative methods by collecting data through questionnaires and interviews. This research involved 80 respondents from students at SMA Negeri 109 Jakarta. The majority of respondents expressed the effectiveness of the education that the author held.

Alicia Christine Laubura; Zahwa Cantika Putri Rafian; Naqiyyah Azzahra; Rashif Aliftiar Rizqullah; Subakdi, Subakdi +3 more

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

Corruption has been a well-known problem in Indonesia for a long time. News of corruption cases often becomes a hot topic, especially in this digital age where information spreads rapidly. Unfortunately, statistics show that public reaction to corruption cases in 2024 was more permissive than in the previous year. This is undoubtedly a hindrance in realizing the vision of Indonesia Gold 2045. Therefore, as one of the efforts, a socialization on law enforcement and anti-corruption was conducted at SMA Negeri 34 Jakarta on October 15, 2024, aiming to create a young generation that is law-abiding and anti-corruption. In this activity, students were invited to understand corruption in depth, including the legal basis, the impact of corruption, and how to prevent the seeds of corruption from an early age. Using an interactive and engaging approach, as well as examples of familiar corruption cases, students not only learned about the law, but also developed an awareness of the importance of maintaining integrity in their daily lives.

Siti Nur Arofah; Hastarini Dwi Atmanti

International Journal of Economic, Social and Development Sciences 2024 International Forum of Researchers and Lecturers

This research aims to analyze the influence of economic growth, tax sector state revenue, Human Development Index, and poverty on the corruption perception index during the reform era in Indonesia from 1999 to 2022. Corruption can reduce the productivity of public spending, distort resource allocation, and slow down economic growth.  This study uses multiple linear regression analysis tools on time series data from Indonesia for the years 1999-2022, with the dependent variable being the Corruption Perception Index (CPI), which reflects public perception of the quality of corruption in the country. A higher CPI index value indicates a lower level of corruption. The independent variables in this study are economic growth, tax sector revenue, HDI, and poverty. The research results show that simultaneously, the independent variables have a significant effect on the dependent variable, while partially, the economic growth and HDI variables have a significantly positive effect on the CPI, whereas the tax sector revenue variable has a significantly negative effect. However, the poverty variable has no significant effect on the CPI. The goodness of fit test results indicate that 95% of the influence of the independent variables on the dependent variable can be explained by the model, while 5% is explained by variables outside the model.

Ismaidar Ismaidar; Tamaulina Br Sembiring; Majidah Pohan

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

As a system, the law will run well when the system is connected and working actively. The practice of criminal acts of corruption that occurs in Indonesia is increasingly sophisticated, systematic and widespread at all levels of society which has an impact on the amount of state financial losses. Various statutory regulations have been attempted to eradicate corruption, namely Law Number 31 of 1999 jo. Law Number 20 of 2001 and the Government has even ratified several articles of the 2003 United Nations Convention Against Corruption (UNCAC) through Law Number 7 of 2006. However, to date it is still unable and effective to enforce it in eradicating corruption. The Corruption Eradication Commission (KPK) has a system for dealing with corruption cases, namely Operation Arrest (OTT). anywhere in Indonesia. The type of research applied is normative legal research with a normative juridical approach, namely research carried out based on library materials which are secondary data. Based on the results of the research, it can be stated that in the politics of criminal law in dealing with criminal acts of corruption based on penal and non-penal policies, it is no longer effective in eradicating criminal acts of corruption which are detrimental to the country's finances and economy and the Corruption Eradication Commission's policy, which is included in one of its policies, is carrying out Hand Catch Operations, namely tapping. Tapping is the activity of listening, recording, deflecting, changing, inhibiting and recording the transmission of electronic information or electronic documents, whether using communication cable networks or wireless networks, such as electromagnetic radiation or radio frequency, including examining packages, postal mail, correspondence and other documents. Apart from that, the legal politics of dealing with criminal acts of corruption through Operation Capture of Arms, including the lack of regulations regarding wiretapping and entrapment carried out by the Corruption Eradication Commission, is vulnerable to violations of Human Rights (HAM), especially regarding entrapment, because entrapment is not recognized by law or as a criminal act. corruption in Indonesia.

Olipian Resky Pernando; Ilma Amelia; Naiya Aulia Putri; Nahda Ananda Putri; Anis Karlina +1 more

Jurnal Pendidikan dan Kewarganegara Indonesia 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

This research aims to analyze the application of ethical values ​​and Pancasila in creating an anti-corruption life among generation Z. The method used is a Systematic Literature Review (SLR) which involves collecting 30 articles from Google Scholar between 2019 and 2024, which focus on the application of vethical values ​​and Pancasila in creating an anti-corruption culture, especially among generation Z. The results of this research recommend the application of these values ​​to form an anti-corruption generation Z. This research emphasizes the importance of ethical values ​​and Pancasila in the lives of students, especially generation Z in the era of globalization.

Agus Subhan Muzaki; Basuki Rekso Wibowo

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

Government Goods and Services Provider Contract is a type of contract that is routinely carried out by the Government to meet various needs in organizing government activities. Transactions for the procurement of goods and services, namely the Ministry of Tourism and Creative Economy. The research method used is normative research using a statutory, conceptual and field approach. The results of the study are that the work contract between the commitment-making official and the goods and services provider at the Ministry of Tourism and Creative Economy still finds contract clauses that are not fully implemented and not understood by both parties. The impacts that will occur if the contract is not fully implemented and not understood by both parties include triggering contract disputes, even a greater impact is an indication of corruption because the source of funds for the procurement of goods and services is from the APBN. The purpose of this study is to provide education to both parties that the work contract is a guideline that must be understood and obeyed like the law. The ideal concept of direct procurement work contracts in the Ministry of Tourism and Creative Economy includes strengthening the role of APIP in the procurement of goods and services through direct procurement methods through audits, evaluations, reviews, monitoring and other supervision, the creation of standard contracts by including the substance of clauses that generally occur, and the use of sectoral e-catalogs provided by LKPP.

Yasmirah Mandasari Saragih; Rahul Ardian Fikri; Nabilah Syaharani

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

Corruption is one of the criminal acts that has a destructive impact on development and public trust. In an effort to strengthen the eradication of corruption, impoverishment punishment is proposed as a progressive approach that aims to provide a deterrent effect and restore state losses. This study aims to analyze the effectiveness of the application of impoverishment punishment in handling corruption in Indonesia. The method used is a juridical-sociological approach, by examining applicable regulations and the impact of their application in practice.The results of the study show that impoverishment punishment has great potential in reducing corruption rates, especially with the confiscation of assets from crime which can reduce the motivation of perpetrators to commit corruption. However, the implementation of this punishment faces various challenges, including the lack of regulatory synchronization, technological limitations in asset tracking, and political resistance. This study recommends strengthening regulations, increasing the capacity of financial forensic technology, and public education to support the effective implementation of impoverishment punishment. With the right strategy, impoverishment punishment can be one of the key instruments in building a stronger and more equitable corruption eradication system.

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.

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.

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.

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; 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.