scholarly journals Analysis of Corruption Case Investigation After The Implementation of Law No. 30 of 2014

2021 ◽  
Vol 6 (4) ◽  
pp. 1961
Author(s):  
Rochman Marsudi ◽  
Julio Aipassa ◽  
Nelson Ariyadi Martinus ◽  
Alifian Fajar Erditama

This research aims to examine granting discretion to government officials or state administration is a logical consequence of the welfare state's conception. This opens up opportunities for officials to commit corruption. Based on the administrative law, state officials' abuse of power is not a criminal offence but purely the administration's fault. However, with the issuance of the Government Administration Law, court judges from Corruption Crime have their right to judge whether there is an element of abusing their authority or not. Better laws and no negative impact or a growing number of problems. Evaluation and updating must be carried out to obtain maximum results and satisfy all parties. The first method employs in this research was the statute approach or the statutory approach. The second method used was a conceptual approach. The data collection used in this article is secondary data collection by finding and collecting data that has already been published in books, newspapers, magazines, journals, online portals regarding this issue. The result is there are still problems arising from the enactment of Law Number 30 of 2014, especially on constitutional grounds, State Administrative Courts, and Corruption based on discretion. Several journals and studies have been conducted to corroborate this question. Therefore, it is necessary to make adjustments and improvements in several areas to obtain a better law and does not cause adverse impacts or a growing number of problems.

2021 ◽  
Vol 43 (1) ◽  
pp. 14
Author(s):  
Anton Hendrik Samudra

This paper identifies hoax as a cyberspace social problem which can have a negative impact toward public order, both in cyberspace and real life. It also elaborates how a hoax is different from fake news for its characteristic. A hoax could cause horizontal conflict, especially in Indonesia when it is about the most recent common political commodities, which are race, ethnicity, religion, intergroup (SARA). Every government has interest on maintaining public order to keep the sustainability of society. Criminal law is designed to be the ultimate tool of social engineering through deterrence effect. The problem is how far the law enforcement is going to go to eradicate the hoax spreading, because the issues of freedom of speech/information.The research is conducted by using a conceptual approach in a normative legal study. Secondary data also provided in this paper to grasp the factual problems as the threat that needed to be encountered. The first part of the paper elaborates the freedom of speech/information, cyberspace, and social media. The second part is explanation of profile of hoax in Indonesia. The third part is elaboration of criminal statutes of hoax distribution using information communication technology. The last part is on how far the government and law enforcement synergize and how far they going to go in handling hoaxes and the sources to prevent and contain further damage. The findings are the blocking and taking down is not just about depraving internet user’s rights, but balancing between the freedom and public order. In order to be justifiable and balanced, the government needs to consider objectively whether the content was a threat that disrupting public order (moreover, national security), while the law enforcement could confiscate the electronic system involved and it should have been through appropriate criminal procedure.


2017 ◽  
Vol 13 (9) ◽  
pp. 51
Author(s):  
Sadjijono Sadjijono ◽  
Bagus Teguh Santoso

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.


2016 ◽  
Vol 7 (2) ◽  
pp. 72-78
Author(s):  
Efraim Kambu

Special Autonomy assigns its rights and obligations to local governments to regulate and manage their own affairs and interests of the society so that people increasingly can be served well. But in fact, public services provided is not maximized. This study used qualitative methods, data sources are divided into two types of data sources, namely primary and secondary data sources. The results of this study indicate that there is still lack of public services the Government of Papua Province visible from the weak aspects of responsiveness, which local governments less responsive to some of the problems in the field of education, economy and industry growth and physical development as well as non-physical. From the aspect of responsibility is also still found their weaknesses, which the Government of Papua Province is still not fully overcome the problems of corruption and poverty. Meanwhile, from the aspect of accountability, it is known that the performance of governance in Papua in providing public services are not running optimally, one reason is the lack of competence and capability of local government officials.


2020 ◽  
Vol 22 (1) ◽  
pp. 25-48
Author(s):  
Sri Walny Rahayu ◽  
Widiya Fitrianda

Lagu-lagu tradisional Aceh merupakan bagian rezim hak cipta dan termasuk dalam ekspresi budaya tradisional masyarakat Aceh, kekayaan dan identitas bangsa. Untuk memajukan lagu-lagu tradisonal sebagai bagian kebudayaan Aceh, diperlukan langkah strategis melalui perlin-dungan, pengembangan, pemanfaatan, pembinaan untuk mewu-judkan masyarakat Aceh yang berdaulat secara politik, berdikari secara ekonomi, dan berkepribadian dalam Kebudayaan. Hal lainnya, lagu-lagu tradisional Aceh merupakan hak milik yang dapat beralih melalui warisan. Dalam praktiknya ahli waris pencipta lagu-lagu Aceh tidak memahami dan belum mendapatkan hak ekonominya  sebagai-mana diatur dalam Pasal 16 ayat (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Budaya masyarakat komunal berbeda pandang dengan filosofi konsep hak kekayaan Intelektual, bersifat eksklusif monopoli, dan lemahnya implementasi penegakan hukum hak cipta merupakan persoalan yang harus mendapat perhatian pemerintah di Aceh dalam melestarikan budaya tradisonalnya. Tujuan penulisan menjelaskan perlindungan hukum terhadap lagu tradisional Aceh yang merupakan ekspresi budaya tradisional, menjelaskan perlindungan kepada ahli waris pencipta lagu Aceh melalui warisan menurut Undang-Undang Hak Cipta, Kitab Undang-undang Hukum Perdata, dan Hukum Islam menjelaskan kendala pengalihan pencipta hak ekonomi lagu-lagu tradisional Aceh melalui warisan. Jenis penelitian ini menggunakan data sekunder sebagai data utama, atau yang disebut penelitian yuridis normatif yang menguji norma hukum sebagai objek penelitian. Pendekatan yang digunakan adalah pendekatan konseptual dan pendekatan hukum komparatif. Tulisannya disajikan dalam bentuk analisis deskriptif. Aceh Traditional Cultural Expression and Its Inheritance Model Traditional Acehnese songs which are part of the copyright regimes are one part of the expression of traditional Acehnese culture, wealth and national identity. The promotion of Acehnese culture through traditional songs requires a strategic step through protection, development, utilization, and coaching to realize an Acehnese society that is politically sovereign, economically independent, and has a personality in culture. Other things Traditional Aceh songs are property rights that can be transferred through inheritance. In practice the heirs of Acehnese songs creators do not understand and obtain economic rights from the commercial use of Acehnese songs as stipulated in Article 16 paragraph (2) of Law Number 28 of 2014 concerning Copyright. The communal society's culture is different from the philosophy of the concept of intellectual property rights that is exclusively monopoly and the weak implementation of copyright law enforcement is an issue that must be gotten the attention of the government, especially in Aceh to preserve the traditional Acehnese culture which is the expression of its people. The purpose of writing is to explain the legal protection of traditional Acehnese songs which are expressions of Acehnese cultural identity, explain the protection to the heirs of the creators of Aceh songs through inheritance according to the 2014 UUHC, the Civil Code and Islamic Law and explain what constitutes obstacles to the transfer of rights economic creator of traditional Acehnese songs through inheritance. This type of research uses secondary data as the main data, or so-called normative juridical research that tests legal norms as the object of research. The approach used is the conceptual approach and comparative legal approach. This writing is presented in the form of descriptive analysis.


2021 ◽  
Vol 11 (1) ◽  
pp. 1-19
Author(s):  
Segun Joshua ◽  
Samuel Sunday Idowu ◽  
Faith Osasumwen Olanrewaju

The world is currently faced with the problem of refugees and internally displaced persons (IDPs). Africa and Middle East has the highest figure of IDPs. Nigeria tops the list of countries with largest population of IDPs in Africa. The Boko Haram insurgency has made Nigeria one of the flash points of high concentration of IDPs. Anchored on forced /involuntary migration theory, using primary and secondary data gathering techniques, the study examines insurgency and conditions of IDPs camps in Nigeria, focusing on NYSC camp in Girei Local Government, Adamawa State. The study finds that the condition in NYSC IDP camp is deplorable as IDPs lack access to basic essentials of life. The study recommends among others the need for the government to be more committed to the welfare of IDPs and also curb corruption of government officials in the camp as this has worsen the already deplorable condition of IDPs.


2020 ◽  
Vol 27 (1) ◽  
pp. 104-118
Author(s):  
Abdinur Abdirisak Sofe

Purpose Corruption in humanitarian aid is one of the most worried and worst problems around the world. The existence of corruption acts in humanitarian aid delivery can endanger the already susceptible lives of the neediest individuals in the community. Amid serious humanitarian allegation in the country, this study aims to capture meaningful insights in humanitarian aid corruption in Puntland State of Somalia. Design/methodology/approach The study applied qualitative method and used interview as a technique of data collection. The information obtained through the interview was analyzed by quoting and narration forms. Findings The findings indicated numerous acts of corruption in all project stages including corruption in project granting and humanitarian staff employment, distortion of project targets and diversion of humanitarian project from targeted communities. The research also found that governmental and non-governmental actors are involved in the humanitarian corruption such as project managers and support staffs in addition to line ministries, parliament and community representatives. Research limitations/implications Corruption is a taboo and is difficult to research; people do not want to share the information for fear of victimization. Concerned institutions were not willing to provide necessary materials which led to shortage of secondary data. Another problem encountered during the study has been that the humanitarian stakeholders (for instance, government, non-government and private institutions) acted reluctantly to cooperate because of suspicion that disclosing information may lead to negative effect on their business. To overcome the challenges, the study assured the confidentiality of the members and that information collected would be used for research purposes only. The study further combined various tools of data collection so that the weakness of one tool becomes the strength of the other; while the researcher made efforts to build rapport with the research participants. Originality/value This study will contribute to the literature on corruption in the humanitarian aid. Specifically, the findings of this study will benefit academicians/researchers by giving empirical insights of corruption in the humanitarian aid in Puntland. It will benefit the government policymakers in the formulation of policies to combat corruption in the sector. Donors and aid agencies may also find the findings useful as they are key stakeholders who are interested in corruption in the humanitarian sector and finally the findings will benefit the wider society that is the primary victim of corruption in the humanitarian sector.


1970 ◽  
Vol 21 (2) ◽  
pp. 175-186
Author(s):  
Suci Flambonita ◽  
Wahyu Ernaningsih ◽  
Vera Novianti

The fourth paragraph at the opening of the Constitution of the Republic of Indonesia states that the Government of the Republic of Indonesia is obliged to protect the entire Indonesian nation, promote the general welfare, and educate the nation's life which is a manifestation of the responsibility of the state which is obliged to create welfare for its people fairly and equitably equally. This constitutional mandate is spelled out in the form of regulations aimed at preventing injustice from the stronger party against the weaker party so that a just and peaceful society can be created. The method used to analyze this problem is through normative and empirical mix and match. The approach used in this study is a statute approach, conceptual approach, and case approach. Legal protection for workers is an obligation for the fulfillment of basic rights inherent and protected by the constitution as regulated in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The logical consequence of this mandate is the birth of the State's obligation to accommodate facilities and the widest possible opportunity for the community so that they can get a job as well as make it something worthy of humanity. Thus, the violation of basic rights guaranteed by the constitution is a violation of human rights. Protection of workers is regulated in Articles 67 to 101 of the Manpower Law, including those concerning wages and welfare. However, when faced with the COVID-19 pandemic situation, the company immediately provided a force majeure reason to avoid paying severance pay for workers/laborers affected by layoffs. The problem that occurs, in this case, is the termination of employment carried out by companies using force majeure reasons by companies in Indonesia unilaterally. Keywords: Impact, Employees, Pandemic


2019 ◽  
Vol 2 (2) ◽  
pp. 376-386
Author(s):  
Adnan Abdul Safii ◽  
Amin Pujiati

This research aims to identify the level of community participation in the development of Keseneng Tourism Village, to know the inhibiting factors in the development of tourism villages, and to identify efforts to overcome obstacles to increase the participation of the Keseneng Village community. The design in this study is a case study research with a type of qualitative descriptive research. The data used are primary and secondary data. Data collection techniques used are observation, interviews and documentation. The data validity technique uses triangulation techniques. Trianggulation technique means using different data collection techniques to get data from the same source. The results showed that the level of community participation in the development of the Keseneng Tourism Village using the Arnstein ladder was in the stage of Placatation. Participation in the threatening stage means that the communication made by the community and the government has been done well. The community also has the opportunity to place its representatives in the development of Keseneng Tourism Village activities. The inhibiting factors in the development of Keseneng Tourism Village are lack of funding, quality of Human Resources, knowledge and insights of the community regarding tourism villages, and incomplete facilities and infrastructure. Efforts are being made to overcome obstacles by disseminating tourism, providing skills training, fostering tourism villages, participating in marketing and publishing Keseneng Tourism Village, as well as comparative studies to other tourist villages. Penelitian ini bertujuan untuk mengidentifikasi tingkat partisipasi masyarakat dalam pengembangan Desa Wisata Keseneng, mengetahui faktor penghambat dalam pengembangan desa wisata, serta mengetahui upaya dalam mengatasi hambatan untuk meningkatkan partisipasi masyarakat Desa Keseneng. Desain dalam penelitian ini adalah penelitian studi kasus dengan jenis penelitian deskriptif kualitatif. Data yang digunakan adalah data primer dan sekunder. Teknik pengumpulan data yang digunakan adalah observasi, wawancara serta dokumentasi. Teknik keabsahan data menggunakan trianggulasi teknik. Hasil penelitian menunjukkan bahwa tingkat partisipasi masyarakat pengembangan Desa Wisata Keseneng menggunakan tangga Arnstein berada pada tahap Penentraman (Placatation). Partisipasi tahap Penetraman berarti bahwa komunikasi yang dilakukan masyarakat dan pemerintah telah dilakukan dengan baik. Masyarakat juga memiliki kesempatan untuk menempatkan perwakilannya dalam kegiatan pengembangan Desa Wisata Keseneng. Faktor penghambat dalam pengembangan Desa Wisata Keseneng yaitu kurangnya pendanaan, kualitas Sumber Daya Manusia, pengetahuan dan wawasan masyarakat mengenai desa wisata, serta sarana dan prasarana belum lengkap. Upaya yang dilakukan  masyarakat dan pemerintah untuk mengatasi hambatan dengan melakukan sosialisasi kepariwisataan, memberikan pelatihan keterampilan, pembinaan desa wisata, ikut memasarkan dan mempublikasikan Desa Wisata Keseneng, serta studi banding ke desa wisata lain.  


Author(s):  
Peter Jeremiah Setiawan ◽  
Xavier Nugraha ◽  
Elma Putri Tanbun

The nature of law enforcement in resolving multi-dimensional information disputes has a logical consequence on the need for constructive law enforcement. This research aims to examine the forms of law enforcement that exist in resolving disputes over requests for public information and to formulate a constructive mechanism to realize a series of law enforcement procedures with legal certainty. This research is normative legal research using a statutory and conceptual approach. The results showed that law enforcement in the settlement of public information disputes consists of the objection, non-litigation adjudication, and litigation covering civil, state administration, and criminal law. In this case, The Criminal law instruments are placed as the final law enforcement if the relevant public agency does not carry out a decision that has permanent legal force. In addition, in the context of realizing comprehensive and constructive law enforcement, a Memorandum of Understanding was held between the Information Commission and the Police to synergize and effectively implement the criminal law as a final resort.


2020 ◽  
Vol 3 (1) ◽  
Author(s):  
Said Nasuiton

Food security is inseparable from the factors of availability, quality, and affordability of food, where the condition of a country is able to meet the food needs of society ranging from families to individuals. This is in accordance with the contents of the latest Law number 18 of 2012 concerning Food which states that food security includes availability in quantity, quality, and affordability, the aim is to create a healthy, productive and sustainable life. This paper discusses how much influence the urban farming program as one of the government programs to achieve food security, especially family food. This research was conducted in several villages in five districts of Malang, namely Klojen, Suku, Lowokwaru, Blimbing, and Kedungkandang. The research method used in this paper is qualitative descriptive, with primary data collection techniques conducted by interviews and field observations. While secondary data collection is done by library and documentation techniques. Through the research conducted, the results show that this urban farming program has an influence on several points regarding food security contained in Law number 18 of 2012 including availability, quality, and affordability. Besides that, there are also locations that are less able to develop urban farming programs effectively, due to several obstacles encountered in implementing the program. 


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