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 2 No 2 (2021)" : 6 Documents clear
The Corruption Eradication Commission (KPK) Supervisory Board's Role as a Grantor of Permits in Corruption Crimes Ragil Jaya Tamara; Heni Siswanto; Tri Andrisman; Budi Riski
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2342

Abstract

The existence of the Corruption Eradication Commission or Komisi Pemberantasan Korupsi (KPK)’s Supervisory Board to oversee KPK's work is the result of the KPK Law Number 19 of 2019. This new legislation mandates the KPK Supervisory Board to perform four primary duties. One of the duties of the Board's authority, permitting or not permitting KPK to conduct wiretapping, search, and/or seizure corruption crimes, sparked public outrage due to the fear of attempts to weaken KPK. This research is served for determining whether the role of the KPK Supervisory Board as a licensee for wiretapping, search, and seizure of criminal acts of corruption is functional and will run effectively and efficiently in tackling the eradication of corruption. The research method used is qualitative research with descriptive presentation and a normative juridical approach. According to the findings, the pro-justice authority delegated by law to the KPK Supervisory Board, namely granting permits for wiretapping, search, and confiscation of criminal acts of corruption, has proven to be effective and efficient in combating corruption. It is concluded because, in principle, it is assumed that balancing all the powers of state institutions through supervision is a natural thing to do.
The Environment and Forestry Investigators’ Authority in Money Laundering Offenses Muh. Afdal Yanuar
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2348

Abstract

Investigators from the Ministry of Environment and Forestry (Kementerian Lingkungan Hidup dan Kehutanan/ KLHK) are not authorized to investigate the crime of money laundering in the elucidation of Article 74 of Law No. 8 of 2010, although they are authorized to investigate the crime of origin. However, the controversy over the interpretation of Article 74 of the Money Laundering Law was resolved by the Decision of the Constitutional Court Number 15/PUU-XIX/2021, which expands the meaning of 'predicate criminal investigator' in the provisions of Article 74 of the Money Laundering Law to become 'an official or agency authorized by legislation to carry out an investigation.' This paper attempts to describe the dynamics of the authority of KLHK investigators in investigating money laundering offences before and after the pronouncement of the Constitutional Court Decision Number 15/PUU-XIX/2021, including the matter of legal harmonization in the Money Laundering Law relating to the authority to investigate money laundering. This research is normative research with a conceptual approach, a statute approach, and a historical approach. Through this paper, this research can convey that before the Constitutional Court's Decision Number 15/PUU-XIX/2021, KLHK investigators were not authorized to investigate the crime of money laundering, and several legal disharmonies arose regarding the regulation of the authority to investigate money laundering. Meanwhile, after the Decision of the Constitutional Court Number 15/PUU-XIX/2021, all investigators authorized to investigate predicate crimes of money laundering offences, among other things, investigators of the Ministry of Environment and Forestry, are ex officio authorized to investigate money laundering offences. Furthermore, KLHK investigators are authorized to investigate money laundering offences against environmental and forestry crimes whose tempus delicti is before the pronouncement of the Constitutional Court Decision Number 15/PUU-XIX/2021.
Law Enforcement of Corruption Cases Through a Participatory Society as an Effort to Protect Constitutional Rights Diya Ul Akmal; Pipih Ludia Karsa; Syafrijal Mughni Madda
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2368

Abstract

A participatory society can play an essential role in the prosecution of corruption cases. By providing information on alleged corruption, a participatory community can assist anti-corruption institutions so that corruption as an extraordinary crime can be eradicated as a means of enforcing people's constitutional rights. The authors attempt to perceive things by defending constitutional rights from a societal standpoint, a right of citizens who have had their rights violated by acts of corruption. The method used in this research is a normative legal method that refers to the norms in the laws and regulations, court decisions, and social society.  The data used is secondary data obtained from various sources with appropriate and relevant topics so that it becomes chaotic in discussing related problems. The community's active role in uncovering corruption cases is part of the obligation to break the chain of corruption and fulfil citizens' rights to enforce the law. The amount of budget allocated for disclosing corruption cases is leading the government to protect citizens' constitutional rights from the threat of corruption. Although the handling is still considered unsuccessful because many cases have not been revealed, the efforts made deserve to be recognised.
Legal Comparison against the Death Penalty Sanctions regulated in the Positive Laws of Indonesia and China Kesuma Irdini
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2387

Abstract

Corruption is a severe problem worldwide, so it takes a strict rule of law and strong law enforcement efforts to eradicate it. China's legal system has proven to be effective in reducing corruption among state officials. One of China's anti-corruption efforts is to impose harsh penalties on perpetrators, including the death penalty. In light of this success, this study will conduct a legal comparison with the death penalty, which is regulated in Indonesian and Chinese positive law. The type of research used is normative juridical with a conceptual and statute approach. The data processed in this study include primary data and secondary data with data collection techniques and management using a literature review. The findings of this study highlight the threat of the Death Penalty, as outlined in Article 2 Paragraph (2) of the Corruption Crime Act, which focuses on corrupt acts committed under certain conditions. In Indonesia, no one has ever been sentenced to death for corruption. The People's Republic of China's Criminal Law of the death penalty threat has existed since 1900 AD. Article 383 of the Chinese Criminal Code stipulates that anyone who accepts bribes is subject to the death penalty. A significant difference from this Comparison lies in the classification of capital punishment with a corruption amount of more than 50,000 Yuan and for bribery cases in Chinese regulations. Meanwhile, there is no such regulation in Article 2 paragraph (2) of the Indonesian Corruption Laws.
Coordination in the Corruption Eradication Commission (KPK)'s Prosecution Tasks Based on Independence Perspective Ndaru Satrio; Nina Zainab
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2433

Abstract

Coordination of KPK prosecution duties as stated in Article 12A of Law no. 19 of 2019 amending Law No. 30 of 2002 concerning the Commission for the Eradication of Criminal Acts of Corruption, or Komisi Pemberantasan Korupsi (KPK) raises concerns because it creates dependence on other institutions and certainly reduces the independence of the KPK institution. As for some of the problems that need to be known from the existence of this coordination concept, among others: (1) the coordination can be directed towards the form of KPK's subordination to the prosecutor's institution; (2) coordination makes the confidentiality of data held by the KPK not maintained; (3) this coordination is very prone to conflict of interest with the prosecutor's office; (4) this coordination also raises concerns that rotten politics in the resolution of corruption cases may occur. The author uses independence principle analysis. The type of research used in compiling this paper is normative or doctrinal legal research. The research shows that coordination can be done using clear boundaries. First, coordination is still allowed to the extent that it is possible to combine cases that the KPK may not handle. Second, coordination can also be carried out in the event of merging a corruption case that is not the authority of the KPK. Third, the coordination also can be done in the case of the concurrent events. Fourth, the coordination is only related to procedural law.
The Relevance of Supreme Court Regulation No. 1 of 2020 in Efforts of State Losses Refund through Restorative Justice Niko Jaya Kusuma; Firganefi Firganefi; Muhammad Farid
Corruptio Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v2i2.2434

Abstract

The government has moved quickly to find a legal breakthrough related to reducing corruption in Indonesia. One of the efforts made by the government is through the Supreme Court to eradicate corruption is the enactment of Supreme Court Regulation No. 1 of 2020 concerning Guidelines for the Criminalization of Articles 2 and 3 of the Law on the Eradication of Corruption Crimes. The consideration is that the imposition of a crime must be carried out with due regard for the certainty and proportionality of punishment to realize justice based on Pancasila and the Republic of Indonesia's 1945 Constitution. The objectives of the Supreme Court Regulation prioritize victim’s losses to be recovered. Moreover, the regulation proportional benefits in imposing penalties on criminal cases is compatible with the Restorative Justice approach. The restorative justice process is expected to be a legal breakthrough in restoring state finances, with dealing with Criminal Corruption Cases focusing on efforts to restore state finances as a whole rather than just prosecuting the perpetrators. Thus, the purpose of this research is to determine how relevant Supreme Court Regulation No. 1 of 2020 are to efforts to recover state losses through restorative justice. This research employs both a normative and an empirical legal approach. Data were gathered through literature reviews and field studies and analyzed qualitatively. The present study confirmed the author's thoughts about the relevancies of Supreme Court Regulation No. 1 of 2020 to recover state losses through restorative justice as Supreme Court Regulation No. 1 of 2020 play a role as a law enforcement's main element as a legal substance.

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