Reconstruction of the Criminal System in Corruption

Corruption crimes is an iceberg phenomenon whose cases increase every year in Indonesia. The crime is carried out by person, groups of people, and corporations. Sadly, the perpetrators of corruption are also dragging the government or authorities, both executive, legislative, and judicial institutions. Policy by policy has been issued and there are even ad hoc institutions and special courts that handle these crimes. But in fact, this problem still not over, so there are indications that policies have not succeeded in overcoming corruption. The problems that have troubled the nation are very important to be studied scientifically. Reconstruction is needed for law enforcement efforts to deal with criminal acts of corruption, especially in its criminal system. This study aims to determine the criminal system of corruption and the reconstruction of the criminal system on corruption. This study uses a type of normative juridical research with the specification of the research is descriptive analytical. The data used is secondary data obtained through librarian and documentation studies which are then analyzed qualitatively. Based on the research, the results are: First, the criminal system on corruption acts refers to Law No. 39 of 1999 as amended by Law No. 20 of 2001 as its lex specialis. Second, the reconstruction of the criminal system can be directed at the rules of legislation governing material, formal, and implementing criminal law. In this case the researcher highlights criminal sanctions which include form, severity, and indicators of imposition of sanctions, and the methods of execution and coaching.

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Pembatasan Sosial Berskala Besar (PSBB) Dan Pidana Denda Dalam Rangka Pencegahan dan Pemberantasan Pandemi Coronavirus Disease (Covid)-19

SALAM Jurnal Sosial dan Budaya Syar i ◽

10.15408/sjsbs.v7i8.16550 ◽

2020 ◽

Vol 7 (8) ◽

pp. 687-694

Author(s):

Kartono Kartono

Keyword(s):

Law Enforcement ◽

Social Control ◽

Research Method ◽

Large Scale ◽

Public Awareness ◽

Secondary Data ◽

The Internet ◽

Criminal Sanctions ◽

Alternative Sanction ◽

The Government

AbstractThe trend of the spread of Coronavirus (Covid)-19 which continues to soar has an impact on society for health, peace and safety of the soul. Public awareness and compliance with laws and regulations and the government's call for a Large-Scale Social Restrictions (PSBB) policy are important not to be violated or ignored. The application of criminal sanctions for fines is an alternative sanction in law enforcement so that people are deterred, educated and as a means of government social control. The research method is normative juridical supported by empirical research using secondary data in the form of books, legislation and the internet. Type of qualitative research. The results of the study concluded that the government must be firm in applying criminal sanctions and criminal fines as an alternative to making people deterrent, educated and as a means of social control Keywords: PSBB, Criminal Fines, Prevention.

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Enforcement of Criminal Law on Crimes of Criminal Consensus Against State Security: Learning from Indonesia

Rechtsidee ◽

10.21070/jihr.2020.7.693 ◽

2020 ◽

Vol 7 ◽

Author(s):

Roby Satya Nugraha ◽

Sri Ayu Astuti

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Secondary Data ◽

Criminal Code ◽

Criminal Sanctions ◽

Library Research ◽

Law Enforcement Officials ◽

Criminal Conspiracy ◽

Sense Of Justice ◽

Case Number

The purpose of this legal research is to explain the first discussion, namely how to implement law enforcement against criminal conspiracy (samenspanning) which has been regulated in the Criminal Code and the Criminal Procedure Code. Second How is the imposition of sanctions for criminal conspiracy charges regulated in the Criminal Code in case Number: 293K / Pid / 2016. This type of research is normative research which is descriptive-analytical in nature, using secondary data with data collection techniques through library research and processing data qualitatively, it is concluded that law enforcement against criminal conspiracy is carried out by penal measures, penal measures are one of the efforts to enforce the law or all actions taken by law enforcement officials that focus more on eradication after a crime is committed under criminal law, namely criminal sanctions which constitute a threat to the perpetrator. The stages in this way include investigation, further investigation, prosecution, and so on, which in this case is part of criminal politics. The functionalization of criminal law is an effort to tackle crime through rational criminal law enforcement with the aim of creating the fulfillment of a sense of justice and efficiency. The imposition of sanctions Criminal sanctions imposed if a person has been proven to have committed a criminal act of treason can be punished with a criminal sentence contained in Article 106 of the Criminal Code with the threat of life imprisonment or twenty years in prison.

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Law Enforcement Against Perpetrators of Domestic Violence in terms of Legislation and Islamic Law

Britain International of Humanities and Social Sciences (BIoHS) Journal ◽

10.33258/biohs.v2i1.155 ◽

2020 ◽

Vol 2 (1) ◽

pp. 109-119

Author(s):

Fathul Djannah ◽

Muhammad Rizal

Keyword(s):

Domestic Violence ◽

Law Enforcement ◽

Criminal Law ◽

Islamic Law ◽

Physical Violence ◽

Secondary Data ◽

Alternative Formulation ◽

Psychological Violence ◽

Criminal Sanctions ◽

System Type

The aims of the study is to find out the law enforcement against perpetrators of domestic violence in terms of legislation and islamic law. this research was conducted by examining library materials or secondary data relating to divorce on the grounds of domestic violence. Furthermore, using a normative juridical approach, it is intended to get clarity about divorce on the grounds of domestic violence. The result shows that the criminal law policy in the formulation of a system of criminal sanctions against perpetrators of a crime in domestic violence according to the provisions of the Domestic Violence Act (UUPKDRT) uses an alternative formulation system type. Criminal sentences in the form of imprisonment or fines with minimum and maximum rules. In Article 44 (physical violence), Article 45 (psychological violence), and Article 49 (neglect) there is no stipulation of a criminal minimum limit that only mentions a maximum limit

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PENEGAKAN HUKUM PIDANA DALAM MENANGGULANGI TINDAK PIDANA PENCEMARAN LINGKUNGAN SUNGAI CITARUM MELALUI PENDEKATAN RESTORATIVE JUSTICE

Jurnal Soshum Insentif ◽

10.36787/jsi.v3i2.264 ◽

2020 ◽

Vol 3 (2) ◽

pp. 160-170

Author(s):

T. Subarsyah

Keyword(s):

Law Enforcement ◽

Restorative Justice ◽

Criminal Law ◽

Environmental Conditions ◽

Research Method ◽

Secondary Data ◽

River Pollution ◽

Criminal Sanctions ◽

Library Research ◽

Qualitative Models

Abstract – The Citarum river pollution by corporations in a massive way makes the ecosystem of rivers to be concerned. Criminal sanctions against corporations are expressly enforced. Criminal sanctions are deemed not to meet the sense of fairness so restorative justice approach to corporations becomes an alternative. The restorative Model of justice is considered effective for the restoration of environmental conditions as a penalty rather than criminal with the nature of Ultimum Remedium. Dialogis and mediation are tools to resolve criminal issues in fairness in court Laur. The research method with a normative juridical approach is to study various laws and regulations, as well as the principles of restorative justice with the support of secondary data through library research and analyzed with qualitative models. The results of the study, the criminal law of corporate environmental crimes can be spared criminal sanctions through social and environmental fines, reducing the buildup of matters through the discretion of law enforcement, minimising economic, ecological, and social conflicts and the lives of the environment along with local wisdom. Abstrak – pencemaran sungai Citarum oleh korporasi secara masif membuat ekosistem bantaran sungai mengkhawatirkan. Sanksi pidana terhadap korporasi secara tegas diterapkan. Sanksi pidana dipandang tidak memenuhi rasa keadilan sehingga pendekatan restorative justice terhadap korporasi menjadi alternatif. Model restoratif justice ini dipandang efektif untuk pemulihan kondisi lingkungan sebagai hukuman denda ketimbang pidana dengan sifat ultimum remedium. Dialogis dan mediasi adalah alat untuk menuntaskan persoalan perkara pidana secara berkeadilan di laur pengadilan. Metode penelitian dengan pendekatan yuridis normatif yakni menelaah berbagai peraturan dan perundang-undangan berlaku, serta asas-asas restorative justice dengan dukungan data sekunder melalui teknik studi pustaka (library research) dan dianalisis dengan model kualitatif. Hasil penelitian, hukum pidana kejahatan lingkungan korporasi dapat terhindar sanksi pidana melalui denda sosial dan lingkungan, mengurangi penumpukan perkara melalui diskresi penegak hukum, minimalisir kerugian ekonomi, ekologis, dan konflik sosial serta lestarinya lingkungan hidup seiring dengan kearifan lokal.

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UPAYA PENCEGAHAN TINDAK PIDANA KORUPSI PENGADAAN BARANG DAN JASA PEMERINTAH MELALUI PENERAPAN PEMBELIAN LANGSUNG BERDASARKAN SISTEM KATALOG ELEKTRONIK (E-PURCHASING)

PROKONS Jurusan Teknik Sipil ◽

10.33795/prokons.v14i1.234 ◽

2020 ◽

Vol 14 (1) ◽

pp. 1

Author(s):

Radhia Jatu NS

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Secondary Data ◽

Literature Study ◽

Goods And Services ◽

Procurement Policy ◽

Inhibiting Factors ◽

Electronic Catalog ◽

The Government ◽

Catalog System

One form and effort of the government in tackling crime corruption in the case of goods and services procurement is by preparing and improve the governance of procurement of goods / services based on government electronic (E-Procurement) through the implementation of a direct purchasing system goods / services based on an electronic catalog (E-Purchasing). Deep problems This research is whether the form of applying a purchase through a catalog system e-Purchasing can prevent corruption and whether inhibiting factors for the application of E-Purchasing. Problem approach which is used is a normative juridical approach and empirical juridical approach.Primary data obtained through interviews with several sources while secondary data were obtained through literature study. Based on the results the research and discussion concluded that, the application of purchasing through Electronic catalog system (E-Purchasing) influences prevention efforts corruption in the procurement of goods / services. But in practice there is several inhibiting factors in the application of purchasing goods and services through electronic catalog system (E-Purchasing) including: law enforcement factors and factors of facilities / infrastructure or facilities that support law enforcement.Suggestions in this study are expected to be a strategy in response to actions criminal corruption in the procurement of goods / services if it will be done consistently with a preventive approach in the form of prevention by using the tools at outside of criminal law (non-penal), it is necessary to increase cooperation between Government Goods / Services Procurement Policy Agency (LKPP), provider, distributor of goods / services, and procurement manager.

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THE IMPROVEMENT OF CIVIL CONSCIOUSNESS OF LAW FOR THE ENDORSEMENT OF LAW AND ECONOMIC DEVELOPMENT IN INDONESIA

JCH (Jurnal Cendekia Hukum) ◽

10.33760/jch.v6i2.339 ◽

2021 ◽

Vol 6 (2) ◽

pp. 318

Author(s):

Ani Yunita

Keyword(s):

Economic Development ◽

Law Enforcement ◽

Qualitative Analysis ◽

Social Problems ◽

Public Awareness ◽

Secondary Data ◽

Law Enforcement Officers ◽

Legal Information ◽

Legal Development ◽

The Government

Efforts to increase public awareness of the law are not only carried out on legal development but also on economic development, given the condition of Indonesia's economy leading to complex social problems. Referring to the above issue, the understanding towards the Indonesian people is necessary to carry out economic development in accordance with the objectives of Indonesia's economic development to increase the welfare of the community. The article aimed to investigate the efforts to increase public legal awareness in supporting legal development and economic development in order to realize welfare. The method in this research was normative juridical by using descriptive qualitative analysis. In relation, secondary data were obtained from primary legal materials, secondary legal materials and tertiary legal materials. The results proved that increasing public legal awareness in legal and economic development should be conducted by the government and all parties involved. Hence the government and law enforcement officers can proceed through counseling, legal information, assistance and guidance so that people understand the importance of legal and economic development in order to realize order, certainty, justice and community welfare.

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PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

JURNAL HUKUM DAN PERADILAN ◽

10.25216/jhp.1.2.2012.207-234 ◽

2012 ◽

Vol 1 (2) ◽

pp. 207

Author(s):

Slamet Tri Wahyudi

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Death Penalty ◽

Government Policy ◽

Secondary Data ◽

Legal Issues ◽

Government Policies ◽

Legal Certainty ◽

The People ◽

The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

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Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.1.3108.195-199 ◽

2021 ◽

Vol 2 (1) ◽

pp. 195-199

Author(s):

Rezky Ayu Saraswati ◽

I Nyoman Sujana ◽

Diah Gayatri Sudibya

Keyword(s):

Law Enforcement ◽

Child Protection ◽

Justice System ◽

Juvenile Justice System ◽

Legal Protection ◽

Best Interests ◽

District Court ◽

Criminal Sanctions ◽

The Government ◽

The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

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KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

Wahana Akademika Jurnal Studi Islam dan Sosial ◽

10.21580/wa.v1i1.806 ◽

2016 ◽

Vol 1 (1) ◽

pp. 135

Author(s):

Eman Sulaiman

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Administrative Law ◽

Law Enforcement Agencies ◽

Criminal Sanctions ◽

Procedural Law ◽

State Administration ◽

The One ◽

Level Of Understanding

AbstractThe use of criminal sanctions as the main sanction has indicated the extent to which the level of understanding of the legislators to the problem of "crime and punishment". At least show that the limited understanding of the use of criminal sanctions also affect the determination of criminal sanctions in administrative law. "Errors" in the formulation of the implications for the difficulty and confusion in the law enforcement, because there is a gap of two disciplines, namely the criminal law on the one hand and on the other hand administrative law, which has its own procedural law. This confusion will lead to ambiguity in the resolution of cases of violation of administrative law contains criminal sanctions, whether enforcement will be carried out by law enforcement agencies within the criminal justice sisitem or whether officials of the state administration in the sphere of administration? Such circumstances, of course, will lead to the existence of legal uncertainty for the community. Kata Kunci: sanksi pidana, hukum pidana, hukum administrasi

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The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora)

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8811 ◽

2020 ◽

Vol 3 (1) ◽

pp. 237

Author(s):

Sumaryono Sumaryono ◽

Sri Kusriyah Kusriyah

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Research Method ◽

Field Research ◽

Secondary Data ◽

Criminal Code ◽

Primary Data ◽

Public Prosecutor ◽

The Public

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.

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