Corruptio
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.
Articles
43 Documents
<![CDATA[Peradilan In Absentia Pada Perkara Tindak Pidana Korupsi ]]>
<![CDATA[P. Iskandar Welang]]>
<![CDATA[ Corruptio Vol 1 No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v1i1.2071
<![CDATA[The Corruption Criminal Court in absentia is a deviation or prohibited because it is considered as a violation of the defendant's human rights so that the right of the defendant to make a defense will be lost or ignored as regulated in Article 196 Paragraph (1) of the Criminal Procedure Code. Judgment in absentia is only permitted for perpetrators of traffic violations. Then what if the court in absentia is applied to corruption cases. The method in this research uses an approach that includes an empirical approach carried out through direct research in the field, and a normative approach carried out through literature studies related to legislation, research results and other literature. In the implementation of the court in absentia for corruption cases do not violate the rights of the suspect because the defendant is still given the right to follow the stages for criminal justice both from the process of investigation, investigation and trial, but in this case the defendant does not want to use or utilize the rights their rights which have been granted and guaranteed by laws and regulations as regulated in the Criminal Procedure Code.]]>
<![CDATA[Operasi Tangkap Tangan (OTT) Tinjauan Berdasarkan KUHAP Dan Undang Undang Nomor 30 Tahun 2002 Tentang Komisi Pemberantasan Korupsi (KPK) ]]>
<![CDATA[Frisca Tyara M Fanhar]]>
<![CDATA[ Corruptio Vol 1 No 2 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v1i2.2096
<![CDATA[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]]>
<![CDATA[Elements Testings Distortion of the Abuse of Authority Based on the Government Administration Law and Corruption Crime ]]>
<![CDATA[Putri Nurmala Sari Siahaan]]>
<![CDATA[ Corruptio Vol 2 No 1 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v2i1.2246
<![CDATA[It is expected that the existence of the Government Administration Law is expected to be a solution so that there is no expression of “bad suspicion” against government officials in making decisions accused of causing losses to state finances. In addition, the GA Law is expected to become a reference for government officials in making decisions so that there is no abuse of authority. These two cargoes are a small part that is regulated in the GA Law. Regarding the abuse of authority itself, there have been specific regulations derived from the Supreme Court Regulation Number 4 of 2015 concerning Guidelines for Procedures in the Assessment of the Elements of Abuse of Authority. The problem that arises in examining the elements of abuse of power lies in the law enforcement process. The Perma Abuse of Authority states that the Court has the authority to accept, examine, and decide upon the appraisal request whether there is an abuse of authority in the Decisions and/or Actions of Government Officials before the criminal process. From the field facts, through case analysis, there are findings that government officials who submitted applications for the element of abuse of power did not heed the provisions in the Perma. In the two cases discussed, it appears that, in fact, the instrument of testing whether or not there is an element of abuse of authority is only used as an attempt to hide oneself from being ensnared from corruption. It is as if the petitioner has become a victim in the act of abuse of authority over the action or decision he has taken. However, the facts show otherwise where the applicant legally and convincingly committed a criminal act of corruption. It can be said that the use of the concept of testing the elements of abuse of authority is intended to be deviant and biased from the ideals of the concept.]]>
<![CDATA[Law Enforcement towards Arrest by Hand Operation in the Prosecutor’s Office of Lampung Province ]]>
<![CDATA[Median Suwardi]]>
<![CDATA[ Corruptio Vol 2 No 1 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v2i1.2256
<![CDATA[The purpose of this research is to find out the results of law enforcement activities between the North Lampung District Attorney and the Kepahiang District Attorney and to find out whether the North Lampung District Attorney and the Kepahiang District Prosecutor's Office have fulfilled the principle of legal certainty in the activity of catching the hands of suspected criminal acts committed by non-governmental organizations. This research method uses normative and empirical approaches, namely normative research, which examines laws and theories. The empirical approach is made by looking at the facts and studying the law in the field. The results of the research on arrest activities carried out by the North Lampung District Prosecutor's Office, and the Kepahiang District Prosecutors' Office were carried out based on an order from the respective head of the state prosecutor's office, both the intelligence team and the joint team based on the order of the head of the state prosecutor's office. The difference between the results of law enforcement on the activities of the Attorney General's Office for Handling the arrest of the hands of the North Lampung Police was because the alleged criminal act was a general crime based on the money handed over to the victim, in contrast to the Kepahiang Prosecutor's Office which stated that the criminal act of corruption was due to the villages’ financial (Dana Desa) losses where there are proven state losses. The North Lampung District Prosecutor's Office and the Kepahiang District Prosecutor's Office have legal certainty in the activity of catching hands against non-governmental organizations who are suspected of committing a criminal act. However, the results of these activities are different.]]>
<![CDATA[The Funcitonalization of in Absentia Court as a Form of Corruption Crime’s Asset Recovery ]]>
<![CDATA[Raffky Ariansyah]]>;
<![CDATA[Sunarto Sunarto]]>;
<![CDATA[Sanusi Husin]]>;
<![CDATA[Dwi Nurahman]]>
<![CDATA[ Corruptio Vol 2 No 1 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v2i1.2257
<![CDATA[Examination of corruption cases in the absence of the defendant at trial still has many obstacles. The elucidation of Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning eradicating criminal acts of corruption, especially in Article 38, provides an opening for the judiciary in absentia as an orientation to save state assets. What is the importance of the judiciary in absentia as an effort to recover assets, how is the implementation of justice in absentia to recover assets? What is the basis for the judges' legal considerations on the implementation of the trial? Then this study uses a normative research method with a normative juridical approach, while this type of research is descriptive. Based on the discussion in the study that the importance of the in absentia judiciary as an effort to recover assets carried out by the defendant legally and appropriately summoned to eradicate the crime of corruption and recover state losses can still be implemented, the assets and all assets of the defendant based on the verdict are proven to be related to corruption. A criminal act of corruption can then be executed. The implementation of the judiciary in absentia is an effort to recover assets through a legal process by taking into account the defendant's rights. The judiciary without the presence of the defendant is guided by Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning the eradication of criminal acts of corruption in Article 38 paragraph (1). The basis for the Judge's legal considerations regarding the trial examination in the defendant's absence is to ensure legal certainty so that the prosecutor as the executor can save the country's assets with considerations of exceptionality, return, and rescue of state assets.]]>
<![CDATA[Law Enforcement towards Money Laundering Prepertrators Reviewed From the Presumption of Innocence ]]>
<![CDATA[Rezza Ardiansyah]]>;
<![CDATA[Eddy Rifa’i]]>;
<![CDATA[Nikmah Rosidah]]>
<![CDATA[ Corruptio Vol 2 No 1 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v2i1.2258
<![CDATA[Law enforcement against perpetrators of money laundering crimes has recently become a separate polemic for many law enforcers who have problems, especially about the confiscation of assets suspected of being the result of money laundering, not guided by the presumption of innocence. This writing problem is how law enforcement is against money laundering perpetrators based on the presumption of innocence and how law enforcers should confiscate assets resulting from money laundering based on the presumption of innocence. Penelitian ini menggunakan pendekatan Yuridis Normatif dan Empiris. Normative research is carried out on theoretical matters in legal principles, while the empirical approach is carried out to study the law that occurs in the field. The results showed that law enforcement against money laundering perpetrators who have money laundering proceeds based on the presumption of innocence is carried out by law enforcement through confiscation. The confiscation process does not violate the principle of presumption of innocence because this is a security measure so that the suspected items do not move and transfer to a third party until the trial process is completed and has permanent legal force. Law enforcers should take action in confiscating the assets of money laundering proceeds based on the presumption of innocence must be proportional and prioritize the principles of prudence and prudence as long as it does not violate human rights and is carried out objectively by looking at whether the assets have anything to do with money laundering.]]>
<![CDATA[Reformulation of Institutional Relationship between the People’s Representative Council and the Corruption Eradication Commission ]]>
<![CDATA[Rizki Ramadani]]>
<![CDATA[ Corruptio Vol 2 No 1 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v2i1.2264
<![CDATA[This study aims to reformulate the institutional relationships between legislative bodies and independent state institutions, by taking case studies of the House of Representatives (DPR) and the Corruption Eradication Commission (KPK). This research was conducted with a normative method using a conceptual and statutory approach. The results showed that the DPR-KPK institutional relationship can be formulated into authority relationship, supervisory relationship and financial relationship. In terms of the authority relationship, the principal-agent approach is used to place DPR as the principal whose duty is to support and provides the resources needed for the KPK as its agent. In this context, the KPK is the recipient of the task whose authority is within the subject of DPR. For the Supervision Relationship, The New Public Management Model (NPM) is used to initiate better supervision through the input and output control mechanism. Input control is carried out by DPR through the legislation and commisoner selection process, while output control is carried out based on accountability reports made by KPK. Thus, DPR is not allowed to intervene while the KPK exercise its duty. In terms of financial relationship, the DPR can regulate funding aspects for KPK through financial legislation. However, this budget politics must be adjusted to the needs and workload in carrying out KPK duties.]]>
<![CDATA[Authority in Handling Criminal Actions Conducted by Law Enforcers ]]>
<![CDATA[Yustika Rahmawati]]>;
<![CDATA[Rosa Linda]]>
<![CDATA[ Corruptio Vol 2 No 1 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v2i1.2320
<![CDATA[The Corruption Eradication Commission (KPK) was not born. However, the handling of criminal acts of corruption is still not maximal, such as the facts found in the field that currently the eradication of corruption is carried out by the prosecutor's office and the police. The purpose of this research is how the authority regulates corruption in Indonesia and corruption crimes committed by law enforcers. This study uses a normative juridical research method in the form of a literature study, and then the data obtained is descriptive qualitative. The results show that the police carry out the criminal act of corruption in Indonesia as the institution that carries out investigations and investigations, the Attorney General's Office as the institution that carries out the prosecution, and the Corruption Eradication Commission as supervision, which sometimes acts directly as an investigator, investigator, and prosecutor in certain cases. Handling criminal acts of corruption by law enforcers who are tasked with assisting the Corruption Eradication Commission following Article 11 paragraph (1) letter a and Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 the Corruption Eradication Commission.]]>
<![CDATA[The Corruption Eradication Commission (KPK) Supervisory Board's Role as a Grantor of Permits in Corruption Crimes ]]>
<![CDATA[Ragil Jaya Tamara]]>;
<![CDATA[Heni Siswanto]]>;
<![CDATA[Tri Andrisman]]>;
<![CDATA[Budi Riski]]>
<![CDATA[ Corruptio Vol 2 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v2i2.2342
<![CDATA[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.]]>
<![CDATA[The Environment and Forestry Investigators’ Authority in Money Laundering Offenses ]]>
<![CDATA[Muh. Afdal Yanuar]]>
<![CDATA[ Corruptio Vol 2 No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Lampung ]]>
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DOI: 10.25041/corruptio.v2i2.2348
<![CDATA[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.]]>
