cover
Contact Name
Rinaldy Amrullah
Contact Email
jurnal.corruptio@fh.unila.ac.id
Phone
+6285758142309
Journal Mail Official
jurnal.corruptio@fh.unila.ac.id
Editorial Address
Faculty of Law, Universitas Lampung Prof. Soemantri Brojonegoro St. No. 1, Gedong Meneng, Bandar Lampung 35145
Location
Kota bandar lampung,
Lampung
INDONESIA
Corruptio
Published by Universitas Lampung
ISSN : 27232573     EISSN : 27459276     DOI : https://doi.org/10.25041/corruptio
Core Subject : Social,
The Journal Corruptio is an international journal of anti-corruption published by the Law Faculty of Universitas Lampung as a platform for academicians, researchers, and practitioners to publish their authentic articles or reviews regarding communication and development of the criminal law, legal comparison, and interdisciplinary related to corruption. The scope of the Journal Corruptio is the result of research or conceptual studies on the criminal law consisting of law in general, sociology, anthropology, psychology, and corruption. The Journal Corruptio publishes two issues in a year, on January and July that provides open accessed journal in attempts for all published content in the journal is available for free without charged fees toward users and their institutions. The Journal Corruptio opens access directly to the completed substance based on the principle of free research availability to support significant global knowledge exchange. The Corruptio Journal is a platform for academicians, researchers, and practitioners to publish their authentic articles or reviews regarding communication and development of the criminal law, legal comparison, and interdisciplinary related to corruption. The scope of the Journal Corruptio is the result of research or conceptual studies on the criminal law consisting of law in general, sociology, anthropology, psychology, and corruption. Scope and Focus of the journal consist as follows: a. Law enforcement Law enforcement is an effort to enforce the function of law and norms in the society. Generally, law enforcement aims to act as a behavioral guidance of the society’s behaviour. In the Journal Corruptio, law enforcement discusses topics on concept of law enforcement and rehabilitation. These discussions on law enforcement are applied on corruption cases, behavioral, and philosophy in Indonesia. b. Prevention Law consist of 2 (two) natures which are prevention and repression. The scope of Journal Corruptio, leans to law’s function of preventing. Prevention means the law acts as preclusion against crimes, specifically crimes of corruption. Prevention in the Journal Corruption is executed through dissemination, socialization, and other platforms to insert values that could hinder corrupt behaviors for example, corruption, collusion, nepotism, money laundering. c. Protection Law protection defines an aegis towards the human rights of the society in order to enjoy their rights to its fullest. In the Jounal Corruptio, protection highlights protection towards witnesses in order to provide them security and convenience during their trial process of giving facts and evidential statements.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
Search results for , issue "Vol 1 No 2 (2020)" : 6 Documents clear
Penanggulangan Tindak Pidana Korupsi, Kolusi Dan Nepotisme Dalam Pengadaan Barang Dan Jasa Pemerintah Di Provinsi Lampung M. Gian Tantyo
Corruptio Vol 1 No 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v1i2.2098

Abstract

Government Goods and Services Procurement is a government spending mechanism that plays an important role in the utilization of the state budget. Government Goods and Services Procurement involves a very large amount of money, so the government is referred to as the biggest buyer in the country. In practice, in general the implementation of procurement of good / services of Government construction often results in problems, including violations both of the procedures for procurement of construction goods/services with improper conspiracy and violations that are detrimental to the State or related to criminal acts of corruption committed by construction goods/service procurement organization.The results of this study ultimately provide the answer that the causes of corruption, collusion and nepotism in the procurement of government goods and services in Lampung Province are 1) Very large funds poured out to turn the project into a powerful tempter to invite corruptors, 2) Large amount of data it turned out that it was complemented by the administration of unclear and closed government project plans. While efforts to tackle corruption, collusion and nepotism in the procurement of government goods and services in Lampung Province include: a) Preventive measures, in the form of: Supervision and Electronic Procurement (E-Procurenment) and b) Repressive Actions, namely: law enforcement with the application of law strict criminal sanctions.Suggestion from this research is that it should be formulated clearly about criminal liability in the implementation of government goods and services procurement of goods and services providers as well as on authorized officials in the implementation of government goods and services procurementGovernment Goods and Services Procurement is a government spending mechanism that plays an important role in the utilization of the state budget. Government Goods and Services Procurement involves a very large amount of money, so the government is referred to as the biggest buyer in the country. In practice, in general the implementation of procurement of good / services of Government construction often results in problems, including violations both of the procedures for procurement of construction goods/services with improper conspiracy and violations that are detrimental to the State or related to criminal acts of corruption committed by construction goods/service procurement organization.The results of this study ultimately provide the answer that the causes of corruption, collusion and nepotism in the procurement of government goods and services in Lampung Province are 1) Very large funds poured out to turn the project into a powerful tempter to invite corruptors, 2) Large amount of data it turned out that it was complemented by the administration of unclear and closed government project plans. While efforts to tackle corruption, collusion and nepotism in the procurement of government goods and services in Lampung Province include: a) Preventive measures, in the form of: Supervision and Electronic Procurement (E-Procurenment) and b) Repressive Actions, namely: law enforcement with the application of law strict criminal sanctions.Suggestion from this research is that it should be formulated clearly about criminal liability in the implementation of government goods and services procurement of goods and services providers as well as on authorized officials in the implementation of government goods and services procurement
Studi Komparatif Antara Justice Collaborator Dengan Whistleblower Dalam Tindak Pidana Korupsi Laura Naomi Rotua Gultom
Corruptio Vol 1 No 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v1i2.2099

Abstract

The Whistleblower and Justice Collaborator play a role in facilitating the disclosure of criminal acts of corruption, because none other than people involved in institutions suspected of corrupt practices and in other words the witness's information is key for disclosure of a case of corruption. The problem in this study is whether the similarities and differences between justice collaborator and whistleblowers in corruption, and how is the legal protection between justice collaborator and whistleblower in criminal acts of corruption. This research uses normative juridical and juridical empirical research methods with qualitative data analysis. The data sources used in this study are primary, secondary, and tertiary legal materials. The results showed that whistleblower equations and justice collaborator were in 3 (three) categories, namely vision and mission in uncovering criminal acts of corruption, guarantee of protection in the form of physical, psychological and legal protection, and awards where whistleblowers and justice collaborators cannot be prosecuted criminal and civil and given sentence relief. In addition to these equations, there are also differences between whistleblowers and justice collaborator divided into 4 (four) categories, namely subject, motivation, guarantee of protection, and procedural law. The protection between justice collaborator and whistleblower in corruption namely legal protection in the form of keeping the identity of the witness confidential and then provides security for witnesses in the trial process by providing physical, psychological, and legal protection.
Pengembalian Keuangan Negara Perkara Korupsi Melalui Eksekusi Integral Oleh Kejaksaan Lutfy Resli
Corruptio Vol 1 No 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v1i2.2100

Abstract

The Prosecutor's Office has obstacles and obstacles in carrying out additional criminal executions in the payment of money in lieu of corruption cases which resulted in many arrears in corruption case executions. The Prosecutor's Office made efforts to recover state finances through policies in an integrated manner so that they could carry out criminal executions of replacement money. This research uses the normative juridical approach and empirical juridical approach. Then the data analysis is done qualitatively which then draws conclusions that are inductive. Based on the results of the study, the return of state finances in corruption cases is carried out through an integral execution policy of the Prosecutor's Office in criminal law which cannot be carried out using the provisions of Article 18 of the Corruption Law. Constraints on the financial return of the state of corruption cases through integral execution by the Prosecutor's Office in the previous law due to the non-stipulation of procedures for carrying out additional criminal executions in the form of payment of replacement money. Suggestions in this research are efforts to recover state finances through the execution of additional substitute penalties suggested by taking the civil route then the government immediately enacted the asset seizure bill in order to facilitate prosecutors carrying out criminal executions in the case of corruption and make forgiveness policies to bleach payment of replacement money for convicted persons..
Eksistensi Peranan Jaksa Dalam Pelaksanaan Pembayaran Uang Pengganti Arie Satria Hadi Pratama
Corruptio Vol 1 No 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v1i2.2095

Abstract

Alternative provisions as regulated in Article 18 (2) and (3) of the Corruption Eradication Act pose a problem for the Prosecutor in executing court decisions thet impose additional crimes in the form of payment of replacement money to the convicted person. The problem in this study is how the role of the prosecutor in the implementation of payment of money in liue of corruption and why there are inhibiting factors in the implementation of payment of money in lieu of corruption.
Kebijakan Formulasi Ketentuan Pengembalian Aset Hasil Tindak Pidana Korupsi Kusnadi Kusnadi
Corruptio Vol 1 No 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v1i2.2097

Abstract

Law enforcement officials in settling cases of corruption do not only prioritize physical punishment, but also prioritize the recovery of state financial losses through the return of assets, therefore a system is needed that allows for the confiscation and seizure of assets resulting from corrupt acts effectively and efficiently. Policy on the Formulation of Provisions for Returning Assets resulting from Corruption in Indonesia is currently scattered in several laws including the Criminal Code, the Criminal Procedure Code, the Corruption Eradication Act (PTPK Law), the Law on Money Laundering (UU TPPU) and the United Nations Convention against Corruption  UNCAC) 2003. Formulation of provisions for returning assets in the future can apply the concept of confiscation of assets resulting from corruption without criminal penalties in accordance with Article 54 paragraph (1) letter c of UNCAC 2003. The research approach uses a normative juridical approach and an empirical juridical approach. The speakers consisted of prosecutors in the Indonesian Attorney General's Office, as well as Lecturers in Criminal Law at the Faculty of Law, University Lampung. Data collection was carried out with literature and field studies. Data analysis was performed qualitatively and then conclusions were drawn.  The results of the study show that the formulation of the provisions for returning assets as a result of corruption acts currently adheres to the concept of appropriation of assets through a court decision that has permanent legal force while the formulation of the provisions for returning assets as a result of corruption in the future is realized taking into account the interests of the State or the community as victims  from criminal acts of corruption by applying the Dutch concept of recovery of assets after a court decision, based on the concept of appropriation of assets against profits derived from the results of criminal acts, as well as applying the concept of appropriation of assets in a civil manner without being preceded by criminal sanctions as formulated in Article 1 paragraph (3) of the Draft Bill Confiscation of Criminal Asset.  Suggestions in this study should be the Government and the Parliament to harmonize the provisions of asset recovery contained in the PTPK Law and the TPPU Law to be in line with the concept of asset recovery (Asset Recovery) regulated in UNCAC 2003, to apply the concept of asset return after a court decision and the concept of appropriation of assets against profits. Obtained from the results of a criminal offense against amendments to the PTPK Law, and immediately ratified the Criminal Asset Seizure Draft Bill into Laws for effective return of assets resulting from a criminal act of corruption.
Operasi Tangkap Tangan (OTT) Tinjauan Berdasarkan KUHAP Dan Undang Undang Nomor 30 Tahun 2002 Tentang Komisi Pemberantasan Korupsi (KPK) Frisca Tyara M Fanhar
Corruptio Vol 1 No 2 (2020)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v1i2.2096

Abstract

The ambiguity regarding the mechanism and limits of the authority of the arresting operations carried out by the corruption eradication commission raises public assumption that the authority exercised by the corruption eradication commission has violated the law and even violated human rights, namely taking arbitrary actions (unprocedure).The problem in writing this study is How can the legal force of the operation of the corruption eradication commission arrest if viewed from the aspect of the Criminal Procedure Code and Law Number 30 of 2002 Concerning the Corruption Eradication Commission? What are the criteria for an alleged crime using a arrest operation? What is the ideal way for the Corruption Eradication Commission to carry out arrest operations? This study uses a Normative and Empirical Juridical approach. Normative research is carried out on matters that are theoretical principles of law, whereas an empirical approach is carried out to study law in reality. The results of the study found that legal force of the act of arrest operations of the corruption eradication commission if viewed from the aspect of the Criminal Procedure Code and Law Number 30 of 2002 Concerning the Corruption Eradication Commission actually the act of arrest operations of the corruption eradication commission does not have a strong legal basis from the juridical aspects of criminal law. problem of violating the principle of due processof law Criteria for Alleged Crime Using a hand arrest operation due to the type or quality of the target of corruption is not a simple crime and therefore the need for a hand arrest operation, and ideally the commission of asan corruption In carrying out arrest operations, it is necessary to have a good case administration system starting from the stage of collecting data and information that is based on an accurate and reliable source of information, after that conducting an investigation in accordance with the standard operating procedures that have been determined then at the execution stage such as conduct monitoring, undercover, tapping and then the operation of arresting the authority must be in accordance with the legislation. The suggestion that can be done is that the legal basis for Operation of Catching Hands must be immediately included in the article instrument in the corruption eradication commission law so that its authority is not at issue

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