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Obe, Redentor G A
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Accountability for Corruption Actors in the Form of Concursus Realist Obe, Redentor G A; Utari, Indah Sri
Journal of Law and Legal Reform Vol 1 No 2 (2020): Legal Reform Discourse in Indonesia in a Global Context
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v1i2.35953

Abstract

The purpose of this study is to describe and analyze the criminal liability arrangements for the perpetrators of corruption in the form of concurrent acts, finding juridical reasons to the extent to which corruption in the form of concurrent acts can be justified. This research method uses a qualitative approach with normative juridical law design. Data collection techniques using library research Subjects library research law faculty of Semarang State University. Data analysis techniques: (1) presentation, (2) data reduction, and (3) collection and verification. The results of the study: (1) the form of criminal liability from the perpetrators of corruption in the form of a joint act is to follow the criminal procedure in the Criminal Code by dropping the absorption system which is made worse by the regulation contained in the Constitutional Court's decision in the results of the criminal chamber meeting of the Supreme Court of the Republic of Indonesia Tangerang No 10 concerning the application of concursus teachings precisely in the parallel act of corruption. Conclusions of the study that the doctrine of concursus results of the criminal chamber meeting of the Supreme Court of the Republic of Indonesia Tangerang has a legal basis that serves as a guideline or legal basis so that the action does not go outside the lines of statutory provisions in the implementation of decision making in imposing penalties for the perpetrators of acts corruption in the form of a parallel act.
Position of the Victim in Criminal Acts Illegal Logging Obe, Redentor G A; Masyhar, Ali
Journal of Law and Legal Reform Vol 1 No 3 (2020): Law and Development in the Disruptive Era (Indonesia and Global Context)
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v1i3.35957

Abstract

The purpose of this study is to analyze the position of victims in criminal acts of illegal logging, find juridical reasons to the extent that the state pays more attention to state losses as victims compared to the position of the community as victims in illegal logging. This research method uses a qualitative approach with normative juridical law design. Data collection techniques using library research. Data analysis techniques: (1) presentation, (2) data reduction, and (3) collection and verification. The results of the study: (1) The position of the victim in the case of illegal logging in the criminal justice system is still lacking due to the regulation of the law and the principles in the Criminal Procedure Code itself more prioritizing retribution as embezzlement, ie seeing how much loss arises due to the perpetrators criminal without seeing the position of the community as victims indirectly. Whereas in terms of justification or legal basis in which the government / state is more concerned with the state's loss than the community as a victim. There are principles in the Indonesian criminal procedure law which are strengthened by the Constitutional Court's decision in "MKRI ruling Number 3 / PUU-VIII / 2010" which argues that state control over the earth and water and the natural resources contained therein. This means that the state is given the freedom to regulate, make policies, manage and oversee the use of the earth and water and natural resources contained in it with a constitutional measure that is as much as possible the prosperity of the people and considers the rights of the people as victims only of an objective nature where the state takes policy with more attention to victims generally.
Criminal Accountability for Corruption Actors in the Form of Concursus Realist Obe, Redentor G A; Utari, Indah Sri
Journal of Law and Legal Reform Vol 1 No 2 (2020): Legal Reform Discourse in Indonesia in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v1i2.35953

Abstract

The purpose of this study is to describe and analyze the criminal liability arrangements for the perpetrators of corruption in the form of concurrent acts, finding juridical reasons to the extent to which corruption in the form of concurrent acts can be justified. This research method uses a qualitative approach with normative juridical law design. Data collection techniques using library research Subjects library research law faculty of Semarang State University. Data analysis techniques: (1) presentation, (2) data reduction, and (3) collection and verification. The results of the study: (1) the form of criminal liability from the perpetrators of corruption in the form of a joint act is to follow the criminal procedure in the Criminal Code by dropping the absorption system which is made worse by the regulation contained in the Constitutional Court's decision in the results of the criminal chamber meeting of the Supreme Court of the Republic of Indonesia Tangerang No 10 concerning the application of concursus teachings precisely in the parallel act of corruption. Conclusions of the study that the doctrine of concursus results of the criminal chamber meeting of the Supreme Court of the Republic of Indonesia Tangerang has a legal basis that serves as a guideline or legal basis so that the action does not go outside the lines of statutory provisions in the implementation of decision making in imposing penalties for the perpetrators of acts corruption in the form of a parallel act.
Position of the Victim in Criminal Acts Illegal Logging Obe, Redentor G A; Masyhar, Ali
Journal of Law and Legal Reform Vol 1 No 3 (2020): Law and Development in the Disruptive Era (Indonesia and Global Context)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v1i3.35957

Abstract

The purpose of this study is to analyze the position of victims in criminal acts of illegal logging, find juridical reasons to the extent that the state pays more attention to state losses as victims compared to the position of the community as victims in illegal logging. This research method uses a qualitative approach with normative juridical law design. Data collection techniques using library research. Data analysis techniques: (1) presentation, (2) data reduction, and (3) collection and verification. The results of the study: (1) The position of the victim in the case of illegal logging in the criminal justice system is still lacking due to the regulation of the law and the principles in the Criminal Procedure Code itself more prioritizing retribution as embezzlement, ie seeing how much loss arises due to the perpetrators criminal without seeing the position of the community as victims indirectly. Whereas in terms of justification or legal basis in which the government / state is more concerned with the state's loss than the community as a victim. There are principles in the Indonesian criminal procedure law which are strengthened by the Constitutional Court's decision in "MKRI ruling Number 3 / PUU-VIII / 2010" which argues that state control over the earth and water and the natural resources contained therein. This means that the state is given the freedom to regulate, make policies, manage and oversee the use of the earth and water and natural resources contained in it with a constitutional measure that is as much as possible the prosperity of the people and considers the rights of the people as victims only of an objective nature where the state takes policy with more attention to victims generally.
Co-Authors Ali Masyhar Masrukhi Masrukhi