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INDONESIA
The 2nd Proceeding Indonesia Clean of Corruption in 2020"
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
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Articles 97 Documents
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SPIRITUAL URGENCY OF RELIGIOUS AND EXPENSES OF EVIDENCE IN COMBATING CORRUPTION IN INDONESIA Sulistyowati Sulistyowati
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In 1950 - an A Psychologist Erich Fromm says about the most basic things, which should grasp man in her life. In his formulation, that humans have a life orientation that focuses on attaining human qualities (being oriented). Life should not be obsessed just want to reach the attributes of life, such as job title, wealth, or position in the social strata (having oriented). The sudden rise to the surface of the case - a case of corruption involving officials of Law Enforcement and Public Officials, giving an indication that the authority and power, provide opportunities for corruption. The eradication of corruption, must be done comprehensively, because corruption is an extraordinary crime. Eradication of corruption should start from the stage of the prevention / preventive measures, namely the one with the religious spiritual practice. As for the law enforcement phase / repressive measures, that the burden of proof in the trial in court, should be borne by the defendant, and no longer charged to the prosecutor. Prosecutors just enough to make the accusation that the defendant committed the crime of corruption, and it is the defendant who must prove that the defendant is not guilty of corruption .It is called the burden of proof is reversed. Reversal system of the burden of proof, is one way, which can contribute to reduce the number of perpetrators of corruption. During this time, prosecutors had to fight to prove the charges. While the defendant has the right to prove that the property is acquired not from corruption. Because it is only a right and not an obligation, then the defendant can not conduct verification or proof. Therefore, it is necessary juridical changes in the procedural law of evidence for corruption, namely that the burden of proof should and must be done by the defendant, no longer by the Attorney. Based on the description above, there are two (2) issues to be discussed are: 1) How do I make an effort - preventive efforts in the prevention of corruption in Indonesia? and 2) Is the burden of proof reversed, will be able to contribute in reducing the number of perpetrators of corruption in Indonesia?. By discussing the two (2) to these problems, are expected to provide a way out, in efforts to prevent and eradicate corruption in Indonesia, making Indonesia free of corruption is expected by 2020. Keywords: power, corruption, religious spiritual, the burden of proof.
Robust yet Fragile: Efforts in Combating Corruption in Indonesia Laras Susanti
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Robust yet Fragile: Efforts in Combating Corruption in Indonesia
THE IMPLEMENTATION OF LOCAL WISDOM SIRI’NA PACCE AS AN EFFORT OF CORRUPTION ERADICATION IN INDONESIA Muh. Afif Mahfud
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Corruption is one of development obstacle in developing countries include Indonesia. One of corruption factors is morality problem. To tackle this problem, the way can be used is implementation of siri’na pacce as a local wisdom. In this research, there are two issues namely first, how is the reality of corruption crime in Indonesia and second, how is the implementation of siri’na pacce as an effort to eradicate corruption in Indonesia. This is a normative research. Data is collected through literature research, analyzed qualitatively and depicted descriptively. Based on analysis, it can be concluded that corruption in Indonesia has been classified as an extra ordinary crime. One of the causes is number of state economical detriment because of corruption. Based on Corruption Eradication Commission data, number of state detriment because of corruption in 2014 is 5.9 Trillion Rupiahs. Corruption happen in executive, legislative and judicative sector. One of the ways used to eradicate corruption is implementation of local wisdom namely siri’na pacce. Siri’na pacce culture contains honest, social solidarity and obedience to regulation. The value of siri’na pacce must be implemented by people and government official. The purpose of siri’na pacce local wisdom implementation by people is to optimize social crime prevention in corruption eradication Key words :morality problem, corruption eradication, siri’na pacce
THE EFFORT OF LAW ENFORCEMENT IN COMBATING CORRUPTION IN SOUTH SUMATERA Sri Suatmiati
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Crime is social phenomena that happen in every time and place, the increasing levels of crime occur due to lack of  facilities and infrastructure to cope with the development or increased crime  or that could hinder the development of crime, at the  same age of the human being as the abundance of  criminal news coverage about the corruption committed by State officials.. The Attorney is the only institution of the Government of the country has a duty and authority in the field of prosecution in law enforcement and justice in the general  judicial environment.  In carrying out its duties, the Public Prosecutor bestows the case to the Court for the examination in order to prove that a person is guilty or not for the criminal offence that indicted. The Public Prosecutor's authority as a law enforcement element in proving the criminal acts that have been committed by the defendant that is should be assign the evidence as a complete proof material  that probably related to the inference where has been a criminal offence. Similarly, what the Prosecutor did against to the law, it cannot be denied that the law itself is not sterile, pure and clean from any kind of interpretation when it implemented. The Prosecutor's role  in these conditions is urgently needed mainly  in law enforcement corruption in Indonesia. Related to the issue of social assistance that occurred in South Sumatra Prosecutor's role is extremely urgent because The State’s loss which dates to achieve Rp. 2,38 Billion,1 That's why the researcher interested to discuss it in a study because of the state and local financial managements that caused state losses so Prosecutor as well as the state prosecutor's investigation should carry out its duties in corruption. The efforts to resolve the corruption based on Presidential Instruction No.10 of 2016 on the Prevention and Combating of Corruption Action 2016 and 2017 were published on 22 September 2016 contains 31 actions to be implemented by the Ministry / Agency and Local Government, in cooperation with the Corruption Eradication Commission (KPK) and the Presidential staff Office (KSP). There for the Politics, Law, Defense Deputy and Bappenas 'Security held a socialization about the substances such this Instruction There are three objectives of this Instruction: (i) to safeguard the government's priority programs; (Ii) to strengthen and focus the yearly action that has been implemented since 2011 to 2015, to ensure relevance and emphasis of action for achieving the outcome; and (iii) to improve the performance of the core business of the K / L which is in line with the President's priorities. The Action contained in the Instruction consists of 31 actions which also includes seven sectors.  In this activity, will be sharpening relevant measure of success of the action undertaken, so that its activities can be more easily and detail during the implementation of monitoring and evaluation quarterly. Anti-Corruption Strategy indicators can be said to be successful if the public service runs transparently and effectively.  With the legal issues about How the implementation of Attorney of the Republic of Indonesia policy in implementing the social grants corruption case investigation in South Sumatra? And What is the obstacles of law enforcement in the investigation by the Prosecutor of the social grants corruption case in South Sumatera? Specifically against the corruption case, the General Attorney has issued Circular Letter about the Control of Handling of Corruption Case (SE-001 / A / JA / 01/2010) which limits the authority between the General Attorney, High Attorney and the State Attorney in handling criminal case corruption based on the amount of state laws. The provision indicates the boundaries of authority between the General Attorney, the High Attorney and the State Attorney in handling corruption cases. It is not in accordance with the provisions of Law No. 16 of 2004 relating to the scope of the prosecutor's authority, where the Attorney General's jurisdiction covers the territory of the Republic of Indonesia, The High Attorney covers include the provinces and the State Attorney covers an area of the district / city. But the handling of corruption cases has not run effectively and efficiently because there are many inactive corruption cases handled by the Prosecutor during this time. Although there is Presidential Instruction No.10 of 2016 on the Prevention and Combating of Corruption Action 2016 and 2017 were published on 22 September 2016 but  it felt that the efforts of law enforcement officers in combating corruption is still not in accordance with the Instruction. Moreover, there are still many people who feel that the Instruction will have no effect on the work of the Ministry / Agency / Commission itself in the prevention and repression of acts of corruption in Indonesia. Generally the obstacles that arise in solving the corruption includes three principal constraints, namely:1. The limited number of human resources at the Investigator, Attorney Investigator and Public Prosecutor.2.\The limited of financial resources / budget of the case handling in the activities of investigation, and prosecution. 3the limited of facilities / infrastructure that supports and promotes activities of investigation, and prosecution.
THE LAWS ON “SIRRI MARRIED AND INTS IMPACT Sahal Afhami; Anis Mashdurohatun
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Marriage is legal if it is done according to the Law on Religion and belief respectively and in order to have legal force and apply the power of the marriage must be registered. Reality is happening in the society there is a practice often seen Sirri marriage lawful religion, but does not have the force of law according to the positive effect. This study aims ffor know how the views of Islamic law and positive law in marriage Sirri, the factors that cause it, and how the process of completion according to the positive law. This research is normaif law, the research data source is the secondary law, both secondary-primary, and secondary-sekuder and secondary-tertiary. The tools used in the form of study documents, and the deductive and inductive analysis in descriptive form. The findings generated in this study are: (1) the grounds of marriage Sirri menur ut Islamic law is valid, but according to the positive law of marriage does not have the force valid as evidence to ensure legal certainty. (2) the factors that lead to marriage Sirri was done because of lack of knowledge and awareness of the law that the marriage should be registered. (3) the process of completion once the divorce judgment to become one. Keywords: impact, marriage Sirri, positive law.
IMPLEMENTATION OF ACCELERATION SYSTEMATIC LAND REGISTRATION FULL IN HUMBANG HASUNDUTAN DISTRICT Ruslan Ruslan; Djauhari Djauhari
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Land has a very important role for the community as a place of development and also the people's livelihood, especially in the state of Indonesia as the State Agriculture, so that the State Constitution RI Tahun1945 Article 33 paragraph (3) states that: "Earth, water, space, and wealth nature contained in it are controlled by the State and used for the greatest prosperity of the people ". As a follow up of Article 33 paragraph (3) that on September 24, 1960, enacted Law No. 5 of 1960 on Basic Regulation of Agrarian called by its official acronym BAL. Article 19 of Law No. 5 of 1960 stipulates that "to ensure legal certainty by the Government held land registration throughout the territory of the Republic of Indonesia in accordance with the provisions stipulated by Government Regulation", which was followed up with a given title deed as proof and evidence right, because it can ensure legal certainty for everyone. Then BAL is described by the issuance of PP 10 of 1961 on registration of land and replaced by Regulation No. 24 of 1997 on Land Registration Jo Minister of State for Agrarian Affairs / Head of National Land Agency No. 3 of 1997 on the Implementation of Government Regulation No. 24 of 1997 on Land Registration and based on Indonesian Presidential Regulation No. 17 of 2015 of the Ministry of Agricultural and Spatial jo Indonesian Presidential Regulation No. 20 Year 2015 concerning the National Land Agency, the Ministry of Agricultural and Spatial Planning / National Land Agency (KATR / BPN) is assigned to carry out government affairs in the area of land that is responsible to the Coordinating Ministry of Economic Affairs. Mentioned legal certainty in land registration is given a letter of proof of land rights called the title deed to the parties concerned as proof and evidentiary tool for rights to lands that held them. Implementation of registration of land in modern society is the duty of the State carried out by the government for the people's interest in ensuring legal certainty in the field of land. Right to control the state for land, water and air space in Indonesia is the devolution of the elements of the public of the rights of the nation, while the right of the people on the earth, water and air space of Indonesia, is a right of the people of Indonesia, as Haqul of God given to Haqul Adam (Indonesianpeople). That until the moment of registration of land in Indonesia has reached ± 54 (fifty-four) million plot of ± 85 (eighty-five) million parcels of land (data from the Center for Data and Information Land November 11, 2015) because since 1981 carried out land registration the first time en masse on the issuance of certificates of land rights as a letter of proof of the rights which a proofing tool that is powerful, through the Strategic Program as Prona, Agricultural land, fisherman, Micro, Small, Low-Income Communities, redistribution of land, Consolidation Land, Transmigration and others which are land development activities for Indonesian citizens or legal entities / social and religious organizations, preferred to the economically weak to medium. 2017 has been issued Regulation of the Minister of Agriculture of Dan Spatial / Head of National Land Agency Number 1 Year 2017 on the Acceleration of the Implementation of the Land Registration Systematic Full of Changes to the Regulation of the Minister of Agriculture and Spatial Planning / Head of National Land Agency No. 35 Year 2016 on the Acceleration implementation of the land Registry Systematic Complete, which aims to provide legal certainty and legal protection of land rights of the people in a fair and equitable, and promote economic growth in general and the people's economy in particular, as well as reduce the incidence of land disputes in the future so it needs to be accelerated registration complete a systematic land in all regions of the Republic of Indonesia, especially in Humbang Hasundutan.
LAW ENFORCEMENT AGAINST CORRUPTION IN PERSPECTIVE OF HUMAN RIGHTS IN INDONESIA Sekhroni Sekhroni
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Corruption has a correlation with Human Rights (HAM) correlations are both very clear, because in almost all cases of corruption, directly or indirectly, will be followed by human rights violations. Acts of corruption always starts from the abuse of power, which means that the perpetrators of corruption are usually carried out by the holders of power. In other words, that the deviant act committed by the bureaucracy in the form of corruption, can create misery for poor people in a country. That means the act of corruption has taken place the deprivation of the rights of the public on the economic, social and cultural, that means there has been a violation of Human Rights.
IN 2020, INDONESIA IS FREE FROM CORRUPTION, AN IMPOSIBLE MISSION? Mariyadi Mariyadi; Abdul Wahid
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Each element of the nations with a high commitment to the realization of the great interest of Indonesia certainly has an idealism that in 2020 the condition of this country will be better than now,  and it will also  be a strong, clean and  powerful country.  So far, Indonesia has still being stigmatized as a powerless country and even it is indicated as a failed country due to a large number of and various  diseases that undermine it.  There have been many diseases that have gnawed this country and that have gotten some places in making some  porosity to the construction of Indonesia since hundreds of years or since the republic of Indonesia was proclaimed.1 Meanwhile, one of the the greatest interests of this country that has been idealized is to reduce a disease  the scientists have thought to have a deep root in this country, corruption.  If this abuse of power may be maximally reduced, the fundamental interests such as prosperity and education of egalitarianism may be realized.  Is it possible to bring the great interest of the nation into reality?  Will this beloved Indonesia be free from corruption in 2020?  Is it an impossible mission supposed that we have an ideal that Indonesia will be free from any corruption in the next three years?
Indonesia’s KPK and NSW’s ICAC: comparisons and contrasts Simon Butt
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Indonesia’s KPK and NSW’s ICAC: comparisons and contrasts
CORRUPTION PREVENTION AND CONTROLS INP Budiartha
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This paper entitled corruption prevention and controls that aims to examine the factors causing corruption; control and prevention strategy of corruption. The study was conducted by a normative approach and the concept of law through the analysis of legal interpretation. The results showed that there were four aspects of the factors causing corruption in Indonesia, namely: 1) individual behavior aspect, 2) organization, 3) society aspect and 4) legislation aspect. The strategy of corruption prevention and controls can be done through: 1) the preventive action that is to prevent corruption by eliminating or minimizing the causative factors / opportunities of corruption; 2) the detective action that is instrument to support the prevention of corruption through internal supervision by the relevant government agencies and external supervision through CPC, DPR/DPRD, NGOs and communities; 3) the repressive action by means of curbing or processing those committed corruption in accordance with the legislation without exception or it is done indiscriminately. Keywords: Control, Prevention, Corruption.

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