scholarly journals PELAKSANAAN PENGEMBALIAN KERUGIAN KEUANGAN NEGARA (ASSET RECOVERY) DALAM TINDAK PIDANA KORUPSI (Studi Kasus Kejaksaan Tinggi Sumatera Barat)

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Rustam Rustam

Kerugian keuangan negara yang ditimbulkan akibat tindak pidana korupsi sungguh luar biasa. Bagaimana keuangan negara yang seharusnya digunakan untuk mensejahterakan rakyatnya, ternyata telah diselewengkan oleh sebagian orang yang tak bertanggungjawab untuk menambah kekayaannya. Metode penelitian ini dilakukan adalah deskriptif yaitu cara penelitian yang menggambarkan secara lengkap dan jelas tentang persoalan yang diteliti dengan pendekatan yuridis sosiologi terhadap penerapan hukum di lapangan oleh penegak hukum. data diperoleh dari dat primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan. Hasil penelitian menunjukan bahwa: a) Pelaksanaan pengembalian kerugian keuangan negara di Kejaksaan Tinggi Sumatera Barat lebih cenderung untuk menunggu putusan hakim yang telah berkekuatan hukum tetap, itupun tidak berhasil dilakukan secara maksimal dikarenakan lemahnya sumberdaya manusia dan lemahnya hukum yang berkaitan dengan pengembalian kerugian keuangan negara, b) hambatan dalam pengembalian kerugian keuangan negara antara lain adanya perlawanan dari pihak keluarga tersangka, terpidana tidak sanggup membayar kerugian keuangan negara sebagaimana yang telah disebutkan dalam putusan hakim, dan terpidana meninggal dunia.Kata Kunci : Asset Recovery, Korupsi AbstractThe state financial losses incurred by corruption were extraordinary. How the state finances that should be used for the prosperity of its people, it had been distorted by some people who were not responsible for adding their wealth. The method of this research was descriptive which described completely and clearly about the problem under study with approach of sociology juridical to law enforcement in field by law enforcer. data were obtained from primary data and secondary data through field research and library research. The result of the research shows that: a) The implementation of state financial loss recovery in High Court of West Sumatera is more likely to await the verdict of judge which has a permanent legal force, and even then cannot be done maximally due to weakness of human resources and weakness of law relating to state financial loss return, b) obstacles in the state financial loss recovery was the existence of resistance from the suspect's family, the convicted person can not afford to pay the state financial loss as mentioned in the judge's decision, and the convicted person died. Keywords: Asset Recovery, Corruption

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 212
Author(s):  
Arief Sultony

Job Creation Law has removed Article 13 paragraph (5) and Article 15 paragraph (4) of General Provision and Tax Procedures (KUP) Law. The absence of these articles may result in state financial loss recovery in taxation cannot be recovered. This research will identify how the regulation on the execution of tax fines related to the recovery of state financial loss before Job Creation Law was enacted and the consequences of Job Creation Law implementation on state financial losses recovery caused by tax crime. By applying the normative legal method, this research will propose the solution to the problem. The findings indicate that the KUP Law does not specifically regulate the execution of fines, so that there is a possibility that the fines will not be paid. However, based on Article 13 paragraph (5) and Article 15 paragraph (4) of the KUP Law, the state financial loss recovery can be imposed through tax assessment after court decision has permanent legal force. The elimination of these articles by Job Creation Law has the risk that the state financial losses cannot be recovered. Therefore, regulation in tax criminal fines execution is urgently required so that state financial losses can be recovered.


Author(s):  
Mirza Rahmatillah ◽  
Ridwan Nurdin

The success of developing a village cannot be separated from the role of the Village Head and the entire community. A developed village can be seen from the adequate facilities and infrastructure. The head of government has a big responsibility for the progress of his village in order to create a prosperous society. The formulation of the problem in this study is how the role of the village head in the implementation of development in Li-Eue Village and how the Siyasah Fiqh and Village Law review the role of the village head in the implementation of development in Li-Eue Village. This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data sourced from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research in the form of Al- Qur'an, Hadiths, opinions of scholars, laws and regulations, documents and books and other scientific works. Based on the results of the analysis, it can be concluded that the role of the Li-Eue Village head in the implementation of development in Li-Eue Village is generally less than optimal so that it is less trustworthy or responsible for the duties as village head. Judging from the existence of several developments that have not been implemented. And less transparent and less mobilizing community participation. Review of Siyasah Fiqh and Village Law, namely leaders who are less trustworthy and less responsible.


Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 245
Author(s):  
Baharudin Baharudin

Marriage must meet the requirements and harmony, one pillar that must be met is the marriage guardian. The existence of a guardian in a marriage contract is a must and is not a legal marriage agreement that is not carried out by the guardian. The guardian is placed as a pillar in marriage according to the agreement of scholars in principle. The problem in this research is how is the formal law in the stipulation of Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of guardian application? and what is the basis for the judge's judgment (material law) in deciding on the Establishment of the Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of a guardian?. The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical.


2020 ◽  
Vol 6 (2) ◽  
pp. 156
Author(s):  
Adhi Putra Satria

This study aims to analyze the impact of industrialization in Indonesia on environmental quality. The method used in this study was an empirical juridical method. This study employed both primary data obtained from field research and secondary data taken from library research. The results found that industrialization has a significant impact on the deterioration in the quality of environment as current technological developments are focused on efforts to exploit nature by emphasizing human domination on environment. This can be proven by various kinds of environmental damage and degradation in Indonesia caused by industrial activities. In brief, environmental problems caused by industrialization include air pollution, water quality and availability, and land quantity and quality. Hence, it is necessary to create new breakthroughs that can overcome environmental problems in this industrial period. One of the ways that can be applied is by realizing environmental-based industrial activities. Yet, this effort is still facing various obstacles, especially in terms of the lack of knowledge and human resources owned by business actors in implementing an environmental-based industry.Keywords : Industrialization, Environmental-based Industry, Environmental Damage.�Perlindungan Kualitas Lingkungan Hidup di Masa Industrialisasi untuk Mewujudkan Industrialisasi Berwawasan LingkunganAbstrak : Tujuan penelitian ini untuk menganalisis serta mengkaji bagaimana pengaruh dari adanya industrialisasi di Indonesia terhadap kualitas lingkungan hidup. Metode penelitian yang digunakan adalah yuridis empiris, dimana data yang dipakai dalam penulisan artikel ini bersumber dari data primer yaitu data yang diambil langsung dari lapangan dan data sekunder yaitu data yang diambil dari studi kepustakaan. Hasil penelitian menemukan bahwa industrialisasi pada masa sekarang memiliki dampak yang signifikan terhadap penurunan kualitas lingkungan hidup, pengembangan teknologi saat ini telah difokuskan pada upaya untuk mengekspolritasi alam sekaligus mempertegas dominasi manusia terhadap lingkungan. Hal tersebut dapat dibuktikan dengan berbagai macam kerusakan dan penurunan kualitas lingkungan hidup di Indonesia yang diakibatkan oleh aktifitas kegiatan industri. Simpulan, bahwa permasalahan lingkungan yang diakibatkan oleh karena faktor industrialisasi, yaitu berupa permasalahan lingkungan dibidang udara, ketersediaan air hingga kuantitas dan kualitas tanah. Sehingga perlu adanya terobosan-terobosan baru yang dapat mengatasi permasalahan lingkungan dimasa industri ini, langkah-langkah yang dapat dipakai yaitu dengan mewacanakan kegiatan industri yang ramah lingkungan, namun wacana tersebut masih mengalami berbagai kendala, terutama dalam segi minimnya pengetahuan dan sumber daya yang dimiliki oleh para pelaku usaha dalam melaksanakan sebuah industri yang berwawasan ramah lingkungan.Kata Kunci : Industrialisasi, Industri Ramah Lingkungan, Kerusakan Lingkungan.


2018 ◽  
Vol 9 (1) ◽  
pp. 69-89
Author(s):  
Eman Sulaeman Nasim

Mass media currently plays an important role in the homeland. In addition to functioning as an agent of change and forming public opinion as well as economic and business facilities are profitable. One of the lucrative press companies to become the leading business conglomerate in Indonesia is Kompas Gramedia Group. In addition to managing the national mass media, Kompas Gramedia also manages local newspapers. Warta Kota is one of the local newspaper owned by Kompas Gramedia. In order to dominate the reader market in the capital city as well as to reach the larger advertising cake, the management of Warta Kota took over Kota Newspaper previously managed by PT Pena Mas Pewarta, and became its main competitor. The takeover of the City News newspaper is only done by purchasing the City News Newspaper. While PT Pena Mas Pewarta is not purchased. This research, want to see if what is done by Warta Karta Kota newspaper organizer is contradictory with Law No.5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, and can turn off the competitive climate and healthy competition in print mass media business in Jakarta and surrounding areas. The research was conducted using empirical law research method. Research that prioritizes field research to obtain primary data as the main data. In order to support and complement the main data, conducted by library research to obtain secondary data. Revealed the legal action conducted by the newspaper Warta Kota, in addition to avoiding the takeover of corporate responsibility of the City News Newspaper previously, as well as efforts of Kompas Gramedia to avoid acts contrary to the Law N0 5 of 1999 Article 28 (2). In addition, the Newspaper News Manager has violated Law no. 5 of 1999 Chapter IV Article 25 (1) and has violated Law no. 5 of 1999 Chapter IV Article 17 (2). What the Koran Warta Kota has done has also harmed the readers of the Kota Berita Newspaper in DKI Jakarta and its surroundings.


Author(s):  
Gumilar Mulyana

Tourism activities are human activities driven by curiosity and enjoying tourist attractions and tourist attractions without knowing administrative boundaries. Therefore, the concept of integrated regional development can overcome and assist organizational differences between districts into a unity of regional planning and development with tourism activities in Sukabumi Regency. In this research, the method used is a qualitative descriptive approach. Sources of data in this study come from primary data and secondary data. The data collection technique used is field research, such as observation, interviews, and library research. The analysis used by the pen is descriptive-qualitative. The research results on tourism's role in developing tourism potential in the Sukabumi Regency are dominant as a facilitator compared to other parts. This role as a facilitator can be seen mainly in the provision of object infrastructure, which is still largely borne by the Tourism Office. Facilities for distributing stimulant fund assistance for people who want to develop a tourism object, promote tourism objects, and facilities provided to third parties such as investors and tourism entrepreneurs to develop their tourism businesses in Sukabumi Regency.


2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Mahrawati Mahrawati

Increasingly rapid competition leads to organizational awareness on importanceof having qualified, integrated and high committed human resources with ability tosupport organizational performance in general. Thus, it is necessary for organization tolook for any factors that can improve employee work motivation, one of which is byimprovement on employee work productivity.From the above description, the author tries to study the influences of extrinsicmotivation on the improvement on employee work productivity in Bank NegaraIndonesia (BNI) Branch of Palangka Raya. The research aims to find out description ofwork motivation influences on employee productivity. In this study, the method usedis descriptive method with survey method approach. Data collection techniques usedby the author are library research to obtain secondary data, and field research in orderto obtain primary data by interview technique.From results of this study, it indicates that the influences of motivation hassignificant influences on improving employee work productivity with the calculationresults of the analysis show that the determination value is 0.90, which means the levelof incentives on work motivation has 100% positive influences, which means thehypothesis can be accepted.


Author(s):  
AYU RATIH PRATIWI ◽  
I NYOMAN GEDE USTRIYANA ◽  
A.A.A WULANDIRA SAWITRI DJELANTIK

The Potential Analysis Availability Of Bamboo Plants and The Marketing ofBamboos Product at Kayubihi Village, Bangli Distric, Bangli Regency. Analysis of the potential availability of bamboo plants in Kayubihi Village, BangliSubdistrict, Bangli Regency is divided into two analyzes, namely the analysis ofpotential availability and marketing analysis. Analysis of potential availability to knowthe potency of bamboo found in Kayubihi Village while for marketing seen marketingchannel, marketing margin, and profit margin with the election of three main productsproduced by Kayubihi Village. Types of data used in this study are qualitative data andquantitative data and data sources obtained from primary data and secondary data. Datacollection methods used there are three namely Library research, field research andstudy literature. The population in this study were 50 bamboo farmers who were alsobamboo craftsmen. Data analysis was done descriptively quantitative and qualitativedescriptive. The results showed that the analysis of potential availability with five typesof bamboo plants is under 200 clumps/ha which means not yet potential. Bamboo isprocessed into handicrafts and marketed for marketing the main products are sokasi,cakes basket, and coocked rice basked. Each product has three marketing channels. Themost profit margin obtained in each marketing channel is at producer level. The shortestmarketing margin in each channel because it is directly to the consumer.


2021 ◽  
Vol 7 (1) ◽  
pp. 45
Author(s):  
Wilda Nurfitriani

In the Warnasari Village Sukabumi Sub-district Sukabumi District there are still many farmers who carry out agricultural land production sharing agreements (maparo bati) to fulfill their daily needs. Production sharing agreements between landowners and tenants are made orally. The problem that often occurs in production sharing agreements in Warnasari Village is that the cultivators do not report the actual results of the claim to the land owner. The research method used in writing this thesis is a normative juridical approach with analytical descriptive research specifications. The study was conducted with library research supported by field research. Secondary data collection techniques with library research and supported by primary data in the form of interviews which are then analyzed by qualitative juridical methods. Based on the results of the discussion, it can be concluded that the implementation of agricultural land-sharing agreements in the Warnasari Village, Sukabumi Sub-district, Sukabumi District has not yet fully applied the provisions of the Production Sharing Law. In the elucidation of Article 7 of the Production Sharing Law it is determined that the profit sharing balance is 1: 1 but the community uses a 60% balance for tenants and 40% for landowners. Legal protection of landowners in Warnasari Village as a result of verbally sharing agreements on agricultural land is carried out by applying the principles of good faith, reprimanding, and deliberation.Keywords: Profit Sharing Agreement, Agricultural Land, Law Number 2 of 1960.


2021 ◽  
Vol 3 (1) ◽  
pp. 27-40
Author(s):  
Susanto Susanto ◽  
Abdur Rahim

The performance of a village head as head of village government must be able to carry out its main duties, namely leading and coordinating the village administration in implementing village development. The role of the village head is one aspect that stands out and affects the success of village development. The village head is assisted by village officials, as an element of village government administration. The formulation of the problem in this research is "What is the Role of the Village Head in the Implementation of Development in Mekarjati Village, Haurgeulis Subdistrict, Indramayu Regency" and "How the Siyasah Fiqh Review and the Village Law on the Role of the Village Head in Implementing Development in Mekarjati Village". The purpose of this research is "To know the role of the village head in the implementation of village development, and" to know the Siyasah Fiqh Overview of the role of the village head in the implementation of village development." This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data originating from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research. Based on the research results, it can be concluded that the role of the Mekarjati Village Head, in the implementation of village development in general, there are still some that are not optimal. It can be seen that there are still some developments that have not been carried out optimally, such as the development of education and environmental security systems (Siskamling).Keywords: Role, Village Head, Implementation, Development, Village Law, Fiqh Siyasah


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