scholarly journals Juridical Analysis of the Amendment of Law of the Corruption Eradication Commission in Eradicating Corruption from Legal and Economic Perspective

2020 ◽  
Vol 1 (2) ◽  
pp. 86
Author(s):  
Hulman Siregar

<table width="680" border="1" cellspacing="0" cellpadding="0" align="left"><tbody><tr><td valign="top" width="487"><p><strong>In this case, the efforts to eradicate corruption by law enforcement officials, prosecutors of the Republic of Indonesia, and Indonesian police, have not been significant. To make the eradication of corruption useful corresponding to the mandate of law, then the Corruption Eradication Commission (KPK) was formed; this institution is known as the super body institution. The method used in this research is combining normative juridical methods with empirical facts to analyze the effectiveness of corruption eradication in legislation. Over time, the role of the KPK in eradicating corruption received intense attention from the public, both pro, and contra. The legislature wants to revitalize the implementation of the KPK's duties with several considerations, to prioritize prevention efforts through the revision of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission</strong></p><p><strong> </strong></p><p><strong> </strong></p></td></tr></tbody></table>

Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil

Law Number 40 of 1999 concerning the Press is one of the legal regulations that have a role in efforts to realize a good life together. The struggle of the Indonesian press to achieve freedom was finally achieved after the enactment of Law Number 40 of 1999 concerning the Press. The purpose of this study is to find out how the freedom and role of the press in law enforcement are reviewed from the perspective of Law Number 40 of 1999, concerning the press. This study uses a sociological juridical method, the results of research conducted on real facts in society with the intent and purpose of finding facts, then proceeding with finding problems, ultimately leading to problem identification and leading to problem solving. The results of the research include the press trying to carry out its functions, rights, obligations, and roles, so the press must respect the human rights of everyone. The press has an important role in realizing Human Rights (HAM), as guaranteed in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XVII/MPR/1998. Based on the results of the research above, it is necessary to uphold the freedom of the press in conveying public information in an honest and balanced manner and that freedom of the press is not absolute for the press alone, but to guarantee the rights of the public to obtain information. what happened in the context of realizing press freedom as contained in Law/040/1999 concerning the Press.


2019 ◽  
Vol 11 (2) ◽  
pp. 188
Author(s):  
Jaidun Jaidun

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.  


2020 ◽  
Vol 8 (2) ◽  
pp. 82-89
Author(s):  
Wahyu Simon Tampubolon

The Indonesian National Police is directly responsible under the President. The police carry out police duties throughout Indonesia. The police are one of the foremost persons of society, the role of the police at this time is as a guardian of security and order as well as law enforcement officers in society related to criminal law, the police are able to carry out their duties professionally, where their birth originates from the community, according to their needs and desires they. This is done in order to create a situation and conditions that are safe, orderly, serene, and peaceful in social life, which then develops in accordance with developments and changes in state conditions. The National Police, which started from the public side, is now on the side of the state, which has a role to face and control the community itself. Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia, the duties, authorities and rights of the police, in which Article 2 the function of the National Police is to maintain security and public order (kamtibmas).In accordance with the philosophical foundation of the Unitary State of the Republic of Indonesia is Pancasila which is the basis of our country, especially the fourth principle "Democracy led by Wisdom in Deliberation / Representation". The fourth precept of this Pancasila, requires that the resolution of disputes, conflicts or cases be carried out through deliberation to reach a consensus which is embraced by a family spirit. This means that any dispute, conflict or case that needs to be built through negotiation or peace procedures between the disputing parties to reach a mutual agreement. Initially court mediation tended to be facultative or voluntary (voluntary), but now it leads to imperative or future (mandatory).Keywords: Bhabinkamtibmas, Society, disturbance, dispute resolution


2019 ◽  
Vol 1 (2) ◽  
pp. 497
Author(s):  
Franky Satrio Darmawan ◽  
Dian Andriawan Daeng Tawang

Gambling is a crime and can be punished for its actions. However, along with the development of the gambling era it was played with electronic media, namely online gambling. The State of the Republic of Indonesia has overcome gambling crimes with evidence such as the existence of laws contained in criminal law and if carried out online there is an Electronic Information and Transaction law. The research entitled The implementation of principle lex specialis derogat legi generalist concerning information and electronic transaction laws in online lottery gambling crimes Case Study Decision of North Jakarta Districts Courted Number 599 / PID.B / 2018 / PN.Jkt Utr, having a problem statement is why the public prosecutor did not apply the principle of lex specialis derogat legi generalist in the online lottery gambling crime Case Study of the Decision of the North Jakarta District Court Number 599 / PID.B / 2018 / PN.Jkt Utr. The purposed paper for the law enforcement officials to appllied the principled of Lex Specialise Derogat Legi Generalits in the case of prosecution of court decisions.


2018 ◽  
Vol 1 (1) ◽  
pp. 19
Author(s):  
Mikke Susanto ◽  
Lono P Simatupang ◽  
Timbul Haryono

The Presidential Palace of the Republic of Indonesia's collection of art objects was started by Indonesia's first president, Sukarno. Today, this collection includes more than 2,500 paintings, and as such this institution has acted like a museum. Throughout the tenure of Indonesia's seven presidents, this collection has experienced diverse stories related to its curation by various individuals over time. This article will focus on the historical issues of this collection's curation using qualitative research methods, in the hopes of revealing various curatorial issues. More specifically, the qualitative research conducted for this study is related to art history. This articleutilizes theory related to curation to discuss a number of topics, ranging from the role of the individuals responsible for the collection (i.e. curators), the systems of caring for and selecting works (curation), and the curatorial practices that have occurred until now. Elaborating on a number of archival documents related to this collection, this article examines the work of the collection's curators, from inventorization to opening the collection to the public. Over the course of 70 years, the Presidential Palace's collection has undergone various forms of curation, including acquisition, documentation, preservation, and exhibition. This research concluded that the role of the curator is very important and causes the collection to be preserved and more valuable. As such, this article suggests a special museum related to the paintings within the palace collection.


2018 ◽  
Vol 1 (2) ◽  
pp. 445
Author(s):  
Arif Hidayat ◽  
Sri Endah Wahyuningsih

Prosecutor as one of the law enforcement agencies in Indonesia have a role in the prosecution, it is stipulated in Article 2 (1) of the Constitution of the Republic of Indonesia Number 16 of 2004 on the Prosecutor of the Republic of Indonesia. Prosecution is the act of the General Prosecutor for criminal matters delegated authority to the District Court in the case and in the manner set forth in the criminal procedure law to demand that tried and sentenced by the judge at the hearing. Drug abusers are people who use narcotics without authority or unlawfully. This study uses empirical juridical approach with descriptive analytical research specifications, types and sources of data are the primary data by conducting interviews and secondary data by performing a literature study, data analysis method logically and systematically. The results showed that the procedure includes the step prapenuntutan prosecution, prosecution and execution. The role of the public prosecutor in the criminal case handling drug abuse is a public prosecutor. Factors inhibiting the role of the public prosecutor in the prosecution that the case file is not yet complete, the type of drug is not on the list of narcotics, modus operandi vary and calling witnesses when the examination before the court, while the effort to overcome that by making the sharing of information between law enforcement, conduct legal counseling, attended a special training program narcotic crime and Attorney for School.Keywords: Role; Prosecution; Narcotics Abusers.


2021 ◽  
Vol 3 (2) ◽  
pp. 339-352
Author(s):  
Puji Handoyo ◽  
Mufidah Mufidah

The existence of the Law on Eradicating Corruption (PPTK Law) became a hope for the Indonesian nation in eradicating corruption, but eradicating corruption cases continues to be difficult. Corruption is a disease that has infected the Indonesian people for a long time. Corruption has infiltrated all levels of government, including state-owned enterprises. This study investigates the risks of corruption to the Republic of Indonesia and the Corruption Eradication Commission's (KPK) strategy for reducing corruption in Indonesia. This study employs qualitative methods in conjunction with a literature and law approach. This study's data came from legislation, court decisions, legal theory, books, and legal journals. According to the findings of this study, the dangers of corruption in Indonesia resulted in four things: inefficiency, uneven distribution, stimulants (incentives) in an unproductive direction, and political alienation, community cynicism, and political instability. Strategies to reduce corruption through preventive efforts, such as law enforcement officials supervising various sectors, particularly the public sector, and establishing the National Action Plan to Eradicate Corruption (RAN-PK). Through education and religion, the prevention of criminal acts of corruption from the standpoint of Islamic law.


2004 ◽  
Vol 38 (3) ◽  
pp. 371-390
Author(s):  
JOSE JAVIER LOPEZ ◽  
PEDRO M. THOMAS

One of the darkest aspects of U.S. history and culture is encapsulated in crime perpetrated by law enforcement officials. In fact, police abuse of power has long been a footnote in analyses of governments' monopoly on legitimated violence. The history of modern policing itself indicates long-standing concern with excessive, sometimes brutal, control over citizens by law enforcement agents. Such concerns have been articulated variously over time by the public, academics, the press, and within law enforcement ranks. Much of this concern turns on perception, for police malfeasance is notoriously shrouded behind a “blue wall,” well-meaning law enforcement officials are genuinely interested in public perceptions of their services, and news of police malpractice flares selectively and variously across time.


2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.


2020 ◽  
Vol 22 (4) ◽  
pp. 82-118
Author(s):  
YANA TOOM ◽  
◽  
VALENTINA V. KOMLEVA ◽  

The article studies the main stages and features of the evolution of the public administration system in the Republic of Estonia after 1992. This paper presents brief geographical and socio-economic characteristics that largely determine the development of the country’s public administration. The evolution of the institution of the presidency, executive, and legislative powers are considered. The role of parliament and mechanisms for coordinating the interests of different groups of the population for the development of the country is especially emphasized. The authors analyze the state and administrative reforms of recent years, which were aimed at improving the quality of services provided to the population, increasing the competitiveness of different parts of Estonia, as well as optimizing public spending and management structure. The introduction of digital technologies into the sphere of public administration, healthcare, education, and the social sphere is of a notable place. Such phenomena as e-residency, e-federation, and other digital projects are considered. The development of a digital system of interstate interaction between Estonia and Finland made it possible to create the world’s first e-federation, and the digitization of all strategically important information and its transfer to cloud storage speaks of the creation of the world’s first e-residency, a special residence of data outside the country’s borders to ensure digital continuity and statehood in the event of critical malfunctions or external threats.


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