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All Journal INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)
Mulyono Mulyono
Faculty of Law, As Syafi'iyah Islamic University, Jakarta, Indonesia
Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice

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Analysis of Handling State Losses In Corruption Crimes Mulyono Mulyono; Eny Maryana
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i1.123

Abstract

Handling of corruption offenses. Article 4 of Law No. 31 of 1999 states that "The return of state or national financial losses does not eliminate the criminal prosecution of the perpetrators of criminal acts as referred to in Articles 2 and 3. The existence of state losses in a case and the amount of the loss are very important, and currently there is still controversy, both regarding the evidence presented and the interpretation of "state losses" in corruption cases. To determine the amount of state losses in corruption cases, if the case is simple, the determination is made by the Prosecutor's Office. If the case requires a thorough audit, the Audit Board of Indonesia (BPK) or the Financial Supervisory Agency under Article 22 and Article 23 of Law No. 15 of 2004 concerning Examination of State Financial Management and Responsibility jo Article 1 number (16) of Law No. 15 of 2006 concerning the Audit Board of Indonesia regulates the mechanism for compensation in the event of a shortfall or loss of state funds. Law No. 15 of 2016 is contained in BPK Regulation No. 3 of 2007 concerning Procedures for Resolving Compensation for Treasurers jo the Audit Board of Indonesia Regulation No. 2 of 2010 concerning Monitoring of the Implementation of Follow-up Actions on the Results of the Audit Board of Indonesia's Audit under Article 3 paragraph (3). According to the explanation in Law No. 31 of 1999 concerning Eradication of Corruption, state finance refers to all state wealth in any form, whether separated or not, including all parts of state wealth and all rights and obligations arising from it. According to Law No. 31 of 1999, state financial loss is the reduction of state wealth caused by an illegal act, abuse of authority/opportunity or means available to a person due to their position or status, a person's negligence, and/or circumstances beyond human capability (force majeure). State losses are defined as a definite and certain shortage of money, valuable papers, and goods as a result of unlawful acts, whether intentional or negligent.
PROVISIONS OF THE DEATH PENALTY IN THE THEORY OF PUNISHMENT FROM THE PERSPECTIVE OF NATIONAL LEGAL OBJECTIVES Piong Khoyfung; Mulyono Mulyono
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i2.133

Abstract

The death penalty has been implemented in Indonesia since January 1998, with provisions stated in the Penal Code (KUHP) and regulated in Article 10 and Article 100 of Law No. 1 of 2023. The history of the death penalty in Indonesia can be traced back to 1808 when it was introduced as a means to achieve political stability and uphold the development agenda. In line with the evolution of society and law, the government has retained the death penalty in the Penal Code to provide a stronger deterrent effect against legal disturbances. The imposition of the death penalty for certain criminal acts in the Criminal Law is expected to prevent individuals from committing such crimes. In this perspective, the death penalty aims to achieve state stability in accordance with national goals, including the element of justice. The death penalty is regulated by law as an obligation stemming from the Pancasila legal source. Pancasila is the foundation of the Indonesian state and serves as the fundamental norm with the highest position in the hierarchy of legal norms, including criminal law. Therefore, in deciding the death penalty, national legal considerations must be taken into account to ensure that the sanction provides justice, certainty, and benefits for national law and Indonesian society. In the theory of punishment embraced by the Indonesian people, which is a combined theory incorporating absolute and relative elements, the judge's consideration in determining the death penalty becomes sharper in assessing the aggravating factors of the perpetrator in a criminal case. This combined theory recognizes the element of "retribution" in criminal law but also acknowledges the preventive and rehabilitative aspects inherent in any punishment. The death penalty is only applied in cases of serious crimes in accordance with the provisions of the law, thus the combined theory emphasizing retribution becomes the main consideration in deciding the death penalty, although other aspects of the perpetrator in this context still refer to the hierarchical goals of national law.
Co-Authors Eny Maryana Piong Khoyfung