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All Journal Lambung Mangkurat Law Journal Jurnal Konstitusi Jurnal Selat Hasanuddin Law Review Jurnal Wawasan Yuridika Nagari Law Review Unes Law Review Jurnal Simbur Cahaya Warta Pengabdian Andalas: Jurnal Ilmiah Pengembangan Dan Penerapan Ipteks RIO LAW JURNAL UNES Journal of Swara Justisia Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Konstitusi Jurnal Hukum Pidana dan Kriminologi
Elwi Danil
Fakultas Hukum Universitas Andalas Jl. Kampus Unand Limau Manis Padang, Sumbar
Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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Journal : Hasanuddin Law Review

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Optimizing Confiscation of Assets in Accelerating the Eradication of Corruption Danil, Elwi; Kurniawan, Iwan
Hasanuddin Law Review VOLUME 3 ISSUE 1, APRIL 2017
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (490.765 KB) | DOI: 10.20956/halrev.v3i1.717

Abstract

Nowadays, corruption is still the most and biggest problem facing by Indonesian, due to its impacts on the nation. It caused huge loss to the state finance and even to the democratic life in this country. Various efforts have been resorted to fight corruption, but the results are unfruitful. Until recently, Indonesia is still the third most corrupt country in Asia according to the survey of Transparency International Indonesia (TII) in 2015, with the Corruption Perceptions Index of 36 points. The fight in eradicating corruption cannot be separated from the effort to deter the criminals through severe punishment. However, ICW’s most recent data shows otherwise. During the first half of 2014, there were 261 accused of corruption, with 242 of them were convicted guilty by the Corruption Courts. Among them, 193 were sentenced lenient (between 1-4 years imprisonment), 44 moderate (4-10 years), and only 4 with over 10 years imprisonment. The average length of sentence is therefore 2,9 years. The lenient sentence can also be found in criminal restitution. Only in 87 of the total cases state compensation is imposed, amounting 87.04 billion rupiahs in total. The amount is only 0.022% of the total financial loss of 3.863 trillion rupiahs. The weak penalty triggered then the idea of impoverishing corruptors as a strategic step to accelerate the eradication of corruption while restoring the loss to the state. In contrast to the criminal restitution, which is restricted only to the state loss caused by the perpetrators, criminal confiscation of assets has no limit in amount.
Implication of Regulation Authorities on the Efforts to Accelerate the Eradication of Corruption Sukmareni, Sukmareni; Danil, Elwi; Ismansyah, Ismansyah; Daulay, Zainul
Hasanuddin Law Review VOLUME 4 ISSUE 3, DECEMBER 2018
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (450.349 KB) | DOI: 10.20956/halrev.v4i3.1078

Abstract

Investigation of corruption, as an extra ordinary crime is granted to the three institutions, namely the Police, Attorney General and the Indonesian Corruption Eradication Commission (KPK). The granting of authority to these three institutions aims to accelerate the eradication of corruption, not only detrimental to the finances and the economy of the country but has damaged the joints of life of the nation and state. The research is descriptive and uses a normative juridical approach. Aiming to find out, and analyze qualitatively the implications of regulating investigative authority over the eradication of corruption in Indonesia. The study found that all three institutions that were given the authority to investigate corruption crimes were administratively separated, but functionally these three institutions should collaborate to accelerate the eradication of corruption, but in practice this was not the case, each institution tended to be shackled by fragmentary and institutional nature. centric that does not support the eradication of corruption. This is because the regulation of the authority of each institution has not been strictly regulated, then the arrangements are not synchronized and among the existing legislation, so that there is overlap of authority due to differences in interpretation between investigators, which results in investigations not going well.
Co-Authors A. Irzal Rias Adrian Bima Putra Anak Agung Gede Sugianthara Angga Pratama Aria Zurnetti Ayu Efritadewi Azmi Fendri Dharma Yuda Putra Edita Elda Fadillah Sabri Hendri Joni Indah Ikhwan Indah Nadilla Irsal Habibi Irwandi Syahputra Ismansyah Ismansyah Iwan Kurniawan Iwan Kurniawan Jenny Susmita Susilo Khairani Khairani Lovely Fortuna Muhammad Hasbi Nani Mulyati Nazif Firdaus Oksep Adhayanto, Oksep Oktarina, Neneng Pengki Sumardi Putry, Muthia Anggela Mawadhaty Rahma Noviyanti Sherly Mutya Shinta Agustina Sukmareni Sukmareni, Sukmareni Suryadinata LBN Gaol Suryadinata LBN Gaol Topo Santoso Vananda Putra Yonatan Iskandar Chandra Yoserwan Yoserwan Yuslim Yuslim Zainul Daulay