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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.

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.

Izwah Marhamah; Anis Sri Wijayanti; Martika Suci Ristyawati; Sella Agri Bardana; Dian Permata Sari

Intellektika : Jurnal Ilmiah Mahasiswa 2024 STIKes Ibnu Sina Ajibarang

This article discusses the principles of democracy in the 1945 Constitution of Indonesia as the foundation of the country's governance system. Democracy, emphasizing popular sovereignty, freedom, equality, and public participation, is enshrined in various articles of the Constitution, such as Article 1(2), Article 22E, and Article 28. This article analyzes how these principles are implemented in practice through mechanisms such as elections, public participation, and freedom of expression. However, the implementation of democracy in Indonesia faces various challenges, including money politics, identity politicization, social inequality, and weak law enforcement. Using a descriptive-analytical approach to secondary data, the article finds that while democracy has a solid constitutional foundation, these challenges hinder its quality. The article recommends regulatory strengthening, enhanced political education, and eradication of corruption practices to support a more inclusive and representative democracy.

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.

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.

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.

Dian Maranatha Fallo; Heryanto Amalo; Darius A. Kian

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Extraordinary Crime is a label given to the crime of corruption. This is because corruption can hamper the economic life of the nation and state. Therefore, the eradication of corruption cannot be handled in the usual way but through an extraordinary handling. Corruption is a serious problem that can threaten the continuity of the Indonesian nation, coupled with the fact that the perpetrators of corruption are officials of government agencies who have a duty to foster and serve the community for the fulfillment of justice and public welfare. One of the easy targets for people who commit corruption, namely officials of government agencies in launching their actions, is the procurement sector of government goods and services. As happened in the procurement of shallot seeds in Malaka Regency in the 2018 fiscal year involving government agency officials and private parties.The problem formulations in this study are: (1) Factors causing corruption in the procurement of government goods and services, namely the procurement of shallot seeds in Malaka Regency (2) The impact of corruption in the procurement of shallot seeds in Malaka Regency (3) Countermeasures to improve the process of procurement of government goods and services in Malaka Regency.The writing of this thesis uses a type of juridical-empirical research with a case approach method, so that it is based on applicable laws and regulations and data obtained in the field. The case approach taken in this research is related to the corruption case of shallot procurement in Malacca Regency in the 2018 fiscal year.The results of the study show that the factors causing corruption in the procurement of shallot seeds in Malaka Regency are the intention of the defendants, the existence of authority and the opportunity for corruption. The impact of corruption in the procurement of shallot seeds in Malaka Regency is a state loss of Rp. 4,770,725,000.00 (four billion seven hundred seventy million seven hundred twenty-five thousand rupiah), not only limited to state losses but also losses felt by the community and government agencies involved in the corruption case of shallot seed procurement, namely the Government Goods / Services Procurement Section at the Regional Secretariat of Malaka Regency and also the Agriculture and Food Security Office of Malaka Regency. Therefore, efforts to eradicate corruption in the procurement of goods and services of the Malaka district government are not only carried out by the government alone, but also involve the active role of the community in preventing corruption in the government goods/services procurement sector and also countermeasures involving cooperation between the Malaka district government and the Malaka district police.

Yoga Permana; Rahma Shinta Azzahra; Nadia Najla Maharani Budiman

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

One of the roles of the Bank Perekonomian Rakyat (BPR) is to provide credit to improve the economic welfare of the lower middle class through micro and small business services. However, the provision of BPR credit is prone to misappropriation, one of which is used as an election campaign fund. This research is a legal research in analyzing the problem using literature study which is analyzed qualitatively. The results obtained from this research are that the misuse of BPR credit used as campaign funding can be suspected of being a criminal act of corruption and money laundering because it is obtained from state finances and there are indications of disguising and hiding money. The source of state finances provided to BPRs can be viewed in terms of state capital participation in the form of securities and the provision of facilities provided by the government. In anticipating campaign funds originating from criminal acts, the Badan Pengawas Pemilu must cooperate with other parties such as the Public Accounting Office to conduct campaign fund audits and related law enforcement officials such as the Pusat Penelusuran dan Analisis Transaksi Keuangan and the Corruption Eradication Commission to prevent and prosecute the use of money from corruption crimes for campaign funding.

Ondy Ondy

International Journal of Communication, Tourism, and Social Economic Trends 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The Political parties spread promises to influence society in a good or bad way before the general election. However, the communication of political party brands does not affect the image and public trust in political parties. This study analyzes and describes the Perindo Party's political communication strategy for increasing Electability in the 2024 general election. Case studies with a qualitative approach as a research method. Data collection techniques through observation, interviews, and documentation. The study results show that the political communicators of the Perindo Party have been able to convey the message of the people's economy and the eradication of corruption well; messages are expressed both verbally and nonverbally, either directly or through the media. The media used are print media, mass media, and social media, but unfortunately, they have not used traditional communicative media such as puppets in Java; non-electoral communicators provide good feedback, but electrally, they have not produced lousy feedback. Perindo experienced a "failure" because it did not reach the parliamentary threshold of 4%. However, for the Regional People's Representative Council, the Perindo Party can place its representatives in Jakarta, Kalimantan, Maluku, etc.

Agustina Putri Patricia; Aksi Sinurat; Darius Antonius Kian

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

This study uses empirical juridical research, which is research with field data as the main source of data, such as the results of interviews and observations, with the aim of analyzing and describing the law enforcement model for cases of corruption in the development funds of the Waigete Health Center. as well as identifying and analyzing factors that hinder law enforcement in the case of corruption of the Waigete Health Center development funds. The results of the discussion in this study show that, (1). The Waigete  Health Center uses the Due Process Model which emphasizes the need to ensure that every individual has the right to be treated fairly and has access to an independent court including investigation, prosecution, and fair justice. and the right to appeal, but with strict legal procedures, this model slows down the process of resolving cases.  The crime eradication process focuses more on the interests of the rights of suspects than on the public interest, so according to researchers in the process of resolving corruption cases, this model is not appropriate to use because it emphasizes justice and human rights but also has the potential to slow down the legal process. (2). The factors that hinder law enforcement in handling corruption cases of the Waigete Health Center development fund consist of two factors, namely internal factors, namely the lack of prosecutors who slow down the law enforcement process and reduce the effectiveness of case handling, and external factors, namely the slow examination process and the loss calculation process so as to hinder law enforcement.

Leonora Mathilda Safe; Bhisa Vitus Wihelmus; Orpa G. Manuain

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

This research is empirical juridical, with the aim of finding out the qualifications for regulating criminal acts of bribery committed by the head of a Non-Governmental Organization and to find out the criminal responsibility. The expected benefit of this research is that it can provide knowledge, can be an accurate source and become a reference for similar research. regarding the discipline of Criminal Law, especially Anti-Corruption Education.This result shows that the qualification of the regulation of criminal acts in the case of the chairman of the Non-Governmental Organization is contained in Article 23 of Law Number 31 of 1999 concerning the Eradication of Corruption and other criminal acts related to corruption. then the proof of the article of other criminal acts related to corruption, of which there are three articles that do not have to be accompanied by state losses. If it is connected with the Decision of the Constitutional Court Number 25 of 2016 specifically Article 2 and Article 3, the name of which is a formal offense to a material offense, it is mandatory that there must be state losses. But specifically Article 21, Article 22 and Article 23, the proof of his actions does not have to be a state loss because the qualification of the crime is a formal crime, not a material crime, so the change in mindset of the regulation and qualification of the crime in Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption from formal to material is only for Article 2 and Article 3. Criminal liability of the General Chairperson of the Anti-Corruption People's Alliance (ARAKSI) for committing a criminal act, with the existence of an unlawful act seen from the qualification of the regulation of the criminal act, then violating Article 23 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption

Farida Wulandari; Soerya Respationo; Erniyanti Erniyanti

International Journal of Social Science and Humanity 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Corruption is one of the major problems that hinder development and prosperity in Indonesia. In Batam City, the handling of corruption crimes is often not optimal, especially in the aspect of recovering illegally obtained assets. The Non-Conviction Based Asset Forfeiture (NCBAF) mechanism is one of the instruments that is expected to accelerate the process of recovering state losses without having to wait for criminal punishment. This research aims to assist in the regulation of NCBAF laws and standards in resolving corruption crimes in Batam City, as well as identify the obstacles faced and efforts that can be made to optimize their implementation. The research methods used are normative juridical and empirical juridical. The normative juridical approach is carried out by reviewing relevant regulations, including Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, as well as related literature. The empirical juridical approach is carried out through case studies and interviews with law enforcement officials in Batam City. The results of the study show that although the NCBAF has been regulated in the regulations, its implementation in Batam City still faces various obstacles, such as lack of coordination between law enforcement agencies, high standards of proof, unclear legal procedures, and limited resources and technical capacity of the apparatus. Examples of corruption in infrastructure assistance, embezzlement of social funds, and corruption in the procurement of goods and services show that assets suspected of originating from criminal acts often cannot be immediately confiscated and utilized by the state. To overcome these obstacles, this study suggests increased coordination between law enforcement agencies through the formation of special teams, the preparation of clear standard operating procedures (SOPs), intensification of training for law enforcement officials, increased international cooperation, and community campaigns to increase public awareness and support. With these steps, the NCBAF is expected to become a more effective instrument in eradicating corruption and recovering state losses in Batam City.

Khoirul Syahri; Zahro Anis Solekha; Laili Jazilatul Khusna

Discourse on Law and Society 2024 International Forum of Researchers and Lecturers

Regulated asset confiscation​ in criminal acts of corruption based on Article 18 paragraph (1) of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. A form of asset confiscation without punishment as an alternative to giving 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 speed up the completion of the Asset Return Law.    

Renghat Sinaga; H Abdul Razak Nasution

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

One way to restore the lost state corruption is to impose additional punishment in the form of restitution payments. This effort provides results in the form of income to the state treasury from the payment of restitution. Of the several convicts who have been deposited the amount of restitution payments. Restitution as an additional punishment in corruption cases must be understood as part of the efforts to punish those who violate the law that is violated is a further act of corruption. Corruption has resulted in poverty so that the perpetrators of corruption must be sentenced to payment of restitution due to corruption that has occurred so far, in addition to harming state finances and the state economy, it also hampers the continuity of national development.The type of research conducted in the preparation of this research is normative juridical, which is viewed from the object of research is positive law that examines the rules of law governing criminal acts of corruption in an effort to prevent the prevention of criminal acts of corruption. The data obtained in this research will be analysed qualitatively in accordance with the specification of the nature of the research to examine between theory and practice in the form of criminal acts of corruption in an effort to prevent the prevention of criminal acts of corruption. Qualitative data analysis is to explore social facts not only on the surface but also to explore what actually happens behind the real events. Corruption that results in state financial losses in the concept of eradicating corruption is all expenditures or uses that are a burden on state finances where the expenditure or use of state money is based on unlawful acts, including reduced income or income to state finances based on unlawful acts, unlawful acts that result in state financial losses must be caused by acts that contain the nature of criminal law (wederrechtelijk). The imposition of restitution payments in the eradication of corruption as stipulated in Article 18 of the Law on the Eradication of Corruption is a means that can be applied to realise recovery efforts or recovery of state finances caused by corruption, restitution payments are imposed on the perpetrators of corruption in the amount of property obtained from corruption and the amount of property that has been transferred by the perpetrator to other parties where the other party is not prosecuted and does not commit acts against criminal law (wederrechtelijk).

Juni Sukarta; Muhamad Fathur Rahman Bey Husdi; Heni Widiyani

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The Latin word "corruption" comes from the words "korruptus" and "corruption", which means "bad, depraved, deviant from morals, insulting words, or slanderous. Corruption, according to the Black Law Dictionary, is defined as an action carried out with the aim of obtaining several benefits which are contrary to duties and other official truths: "an act from an official or trusted person who unlawfully and wrongly uses a number of advantages for himself or another person which is contrary to his duties and other truths". Eradication of Corruption Crimes Number 31 of 1999, which was later changed to Law Number 20 of 2001, shows that the government is committed to eliminating criminal acts of corruption. The author uses standard methods in writing this journal to describe the problems discussed: Law Enforcement in Criminal Cases Corruption of the Natuna Regency NGO Non-Governmental Organization Forkot (Case Study Decision Number 28/Pid.sus-TPK/2023/PN Tpg). They use data from various reading sources, such as statutory regulations, books, and the same decisions. The criminal act of corruption committed by Forkot NGO Natuna, led by Wan Sofian Telang, violates Article 11 of Law Number 20 2001 concerning amendments to law number 31 of 1999 concerning the eradication of criminal acts of corruption in conjunction with article 15 and article 56 1 of the Criminal Procedure Code.

Ni Putu Desi; Nurianto Rachmad Soepadmo; Ida Bagus Anggapurana Pidada

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

LPD is an institution in the financial services sector whose main activity is accepting deposits/savings and also deposits from the traditional village krame itself. In its management, LPD also functions as a place to borrow money or credit with conditions that are much lighter than other banking institutions but are intended for only specific to their own traditional village manners.  In cases of criminal acts of corruption that have occurred so far, not only are they detrimental to state finances, but are also violations of the social and economic rights of society at large, so that criminal acts of corruption need to be classified as crimes whose eradication must be carried out in an extraordinary manner. Law enforcement agencies, such as the Corruption Eradication Committee, the police and the prosecutor's office, must always be alert in the process of investigating and handling corruption cases which are very widespread in Indonesia. Apart from that, to further guarantee legal certainty, avoid variations in legal interpretation and provide protection for the social and economic rights of the community, as well as fair treatment for members of criminal acts of corruption, it is necessary to make changes to Law Number 31 of 1999 concerning the Eradication of Criminal Acts. Corruption.

Nadia Mahza Prameswari

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Extraordinary crimes such as corruption have a wide impact on the political, economic, and social sectors, so that eradicating them is a top priority for the Indonesian government. The government has established various policies to combat corruption, one of which is through Law No. 31 of 1999 which was amended to Law No. 20 of 2001. However, the implementation of this law has not been optimal, with many corruption cases that have not been handled and inadequate recovery of state financial losses. To overcome this, the government has reformed the criminal law through Law No. 1 of 2023 concerning the Criminal Code (KUHP), which is expected to provide a deterrent effect and recover state losses. This paper analyzes the reform of criminal law related to corruption by comparing the previous Corruption Law with the new Criminal Code. This study uses a normative legal approach method, qualitative descriptive research specifications, literature study data collection methods and qualitative data analysis methods. The results of this study are that the reform of criminal law is expected to increase the effectiveness of corruption eradication, but the new Criminal Code raises concerns. The reduction in the threat of punishment and the elimination of several important articles in the Corruption Law have the potential to reduce the effectiveness of corruption eradication. In addition, the reduction in fines and additional criminal penalties and the inconsistency with the Constitutional Court Decision No. 31/PUU-V/2012 can weaken efforts to eradicate corruption. Thus, legal reform through the new Criminal Code needs to be evaluated to ensure that these steps truly support effective corruption eradication.

Krisanti Maria Nana; Daud Dima Tallo; Bhisa Vitus Wihelmus

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

The purpose of this research is to analyze the misuse of official cars in review of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the eradication of criminal acts of corruption in the Kupang City Government. This research uses Empirical Legal Research method with primary data legal sources collected through interviews with respondents and observation of the research location as well as secondary legal data sources collected through literature study or document study. The results of the research indicate that the misuse of official cars related to the crime of corruption, namely abuse of authority in this case the misuse of official cars in the crime of corruption refers to the formulation of Article 3 of the Law on Criminal Acts of Corruption (UUTPK), namely with the aim of benefiting oneself or another person or a corporation abusing the authority, opportunity or means available to him because of his position or position that can harm state finances. Law enforcement against the misuse of official cars outside the office, namely: preventive law enforcement and repressive law enforcement. From the results of the study, the researcher concluded that the regulation of the minister of home affairs number 7 of 2006 concerning the standardization of local government work facilities and infrastructure article 1 letter g, what is meant by official vehicles is government property that is used only for official purposes, consisting of individual service vehicles, operational service vehicles / official service vehicles, and special service vehicles / fields.Conclusion related to law enforcement efforts against the misuse of official cars outside the office, namely carried out by preventive and repressive actions. 

Andre Yosua M; Tegar Mulia

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

Policies that are often taken by public officials sometimes give rise to major criticism committing a pattern of criminal acts of corruption. Policies that are considered can fall into the action category corruption is policies that could harm state finances. So it's a loss State finances are one of the elements of criminal acts of corruption in Article 2 paragraph (1) and Article 3 Act No. 31 Year 1999 jo Act No. 20 Year 2001 about Eradication Act Criminal Corruption. The formulation of elements that are detrimental to state finances in these two articles is at the evidentiary level still raises various obstacles because it is an unclear and unclear norm multiple interpretations. Results from study show that prove that element harm state finances in criminal acts of corruption are still understood as formal criminal acts so that the proof Enough with fulfil deed the And No need There is consequence, Good Which potential harm finance country nor loss Which Actually, perpetrator can convicted. After Court Constitution through Decision Number 25/PUU-XIV/2016 mention that the word "can" in Article 2 paragraph (1) and Article 3 is unconstitutional and is fundamentally change qualification corruption become become crime material, However in its implementation There are different views regarding law enforcement officials in proving that element This is detrimental to state finances, giving rise to legal uncertainty. In the upcoming corruption criminal law reform, the more appropriate model of proof is with use draft loss finance country in meaning  crime material. Through draft This, something deed new can seen fulfil elements follow criminal corruption with condition There must be a result of the state's loss being real and occurring (actual). lost). Proof concept loss state finances in meaning  material ensure law Which fair certainty.