scholarly journals KEBIJAKAN PIDANA KEJAKSAAN REPUBLIK INDONESIA DALAM PENANGANAN PERKARA TINDAK PIDANA KORUPSI DENGAN KERUGIAN KECIL (PATTY CORRUPTION) DENGAN PENDEKATAN KEMANFAATAN

2021 ◽  
Vol 3 (2) ◽  
pp. 41-55
Author(s):  
I Made Agus Mahendra Iswara ◽  
I Ketut Kartika Widnyana ◽  
Made Gede Arthadana

The first discussion is related to the theoretical study of handling criminal cases through the economic approach of law that the Economic Analysis of Law theory or what is referred to as the application of economic theory to legal analysis is a theory that uses economic concepts to explain the effects of the law itself. Several economic concepts used in the study of criminal law policies are: Cost-Benefit Analysis, Behavioral theory, Efficiency-Pareto Optimal. The second discussion is related to the policy of the Prosecutor's Office of the Republic of Indonesia in handling cases of corruption with small losses (patty corruption) with a benefit approach that the Indonesian Attorney General's Office in carrying out its duties and functions, especially in terms of handling corruption cases, issued several internal regulations related to efforts to eradicate corruption through a beneficial approach, namely: Circular Letter of the Junior Attorney General for Special Crimes Number: B-1113/F/Fd.1/05/2010 dated 18 May 2010, Circular Letter of the Junior Attorney General for Special Crimes No: B-765/F/Fd/04/2018 20 April 2018 May 2018, Circular Letter of the Junior Attorney General for Special Crimes Number: B-945/F/Fjp/05/2018 May 04, 2018.     Pembahasan pertama terkait dengan kajian teoritis penanganan perkara pidana melalui pendekatan economyapproach of law bahwa Teori Economy Analysis of Law atau yang disebut sebagai aplikasi teori ekonomi  untuk analisis hukum merupakan teori yang mempergunakan konsep-konsep ekonomi untuk menjelaskan efek dari hukum itu sendiri. Beberapa konsep ekonomi yang dipergunakan dalam kajian kebijakan hukum  pidana yaitu : Cost-Benefit Analysis, Behavioral theory, Efisiensi-Pareto Optimal. Pembahasan kedua terkait dengan kebijakan Kejaksaan Republik Indonesia dalam penanganan perkara tindak pidana korupsi dengan kerugian kecil (pattycorruption) dengan pendekatan kemanfaatan bahwa Bahwa Kejaksaan RI dalam pelaksanaan tugas dan fungsinya, khususnya dalam hal Penanganan perkara tindak pidana korupsi mengeluarkan beberapa aturan internal yang berhubungan dengan upaya pemberantasan korupsi melalui pendekatan kemanfaatan, yaitu : Surat Edaran Jaksa Agung Muda Tindak Pidana Khusus Nomor : B-1113/F/Fd.1/05/2010 tanggal 18 Mei 2010, Surat Edaran Jaksa Agung Muda Tindak Pidana Khusus No : B-765/F/Fd/04/201820 April 2018 Mei 2018, Surat Edaran Jaksa Agung Muda Tindak Pidana Khusus Nomor : B-945/F/Fjp/05/2018 Tanggal 04 Mei 2018.

2021 ◽  
Vol 26 (5) ◽  
pp. 2953-2963
Author(s):  
SLAĐANA SAVIĆ ◽  
◽  
BORISZ CZEKUS ◽  
ENIKE GREGORIĆ ◽  
SONJA ĐURIČIN ◽  
...  

The aim of the paper is to test the effect of climatic conditions and management practices on the yield of two quinoa cultivars (Puno and Titicaca) and to analyze the economic benefits of quinoa productivity. The experiments were carried out during the 2017 and 2019 growing seasons in rain-fed conditions on a Serbian farm. The results of the two-year long experiments proved that the growing of the quinoa cultivar Puno and particularly the cultivar Titicaca in the agro-ecological conditions of Serbia would be remarkably successful from the aspect of agronomy (with the obtained average yield of 2.5 t ha-1 ) as well as from the aspect of economy (with the achieved average profit of 9,411 € ha-1 ). The obtained profit values indicate that the quinoa production in the Republic of Serbia would be more cost-effective than the production of the field crops which are already produced, particularly in the increasingly present arid conditions.


2010 ◽  
Vol 6 (2) ◽  
pp. 139-149
Author(s):  
Mark D. White

AbstractSeveral noted legal scholars, most prominently Richard Posner, have applied the economic analysis of law to the debate over same-sex marriage. In this note, I argue that the economic approach to law is ill-equipped to deal with the issues of principle, dignity and rights that are at the core of the debate, regardless of the position taken on the issue. Other scholars, such as Darren Bush, acknowledge the shortcomings of the economic approach, such as the importance of the assumptions on which cost-benefit analysis is made, but they do not appreciate that this is symptomatic of the economic approach as a whole, not merely the application of it by some scholars in some cases. My contention is that the economic approach to law is appropriate regarding issues of policy, where trade-offs are essential and necessary, but not regarding issues of principle, with which trade-offs are not so easily made.


Vaccine ◽  
2013 ◽  
Vol 31 (24) ◽  
pp. 2661-2666 ◽  
Author(s):  
Geun-Ryang Bae ◽  
Young June Choe ◽  
Un Yeong Go ◽  
Yong-Ik Kim ◽  
Jong-Koo Lee

2020 ◽  
Vol 11 (2) ◽  
pp. 196-220 ◽  
Author(s):  
Cass R. Sunstein

AbstractA growing body of normative work explores whether and how deference to people’s choices might be reconciled with behavioral findings about human error. This work has strong implications for economic analysis of law, cost–benefit analysis, and regulatory policy. In light of behavioral findings, regulators should adopt a working presumption in favor of respect for people’s self-regarding choices, but only if those choices are adequately informed and sufficiently free from behavioral biases. The working presumption should itself be rebuttable on welfare grounds, with an understanding that the ends that people choose might make their lives go less well. For example, people might die prematurely or suffer from serious illness, and what they receive in return might not (on any plausible account of welfare) be nearly enough. The underlying reason might involve a lack of information or a behavioral bias, identifiable or not, in which case intervention can fit with the working presumption, but the real problem might involve philosophical questions about the proper understanding of welfare, and about what it means for people to have a good life.


Legal Theory ◽  
2014 ◽  
Vol 20 (3) ◽  
pp. 210-252 ◽  
Author(s):  
Diego M. Papayannis

In this paper I argue that economic theories have never been able to provide a coherent explanation of the causation requirement in tort law. The economic characterization of this requirement faces insurmountable difficulties, because discourse on tort liability cannot be reduced to a cost-benefit analysis without a loss of meaning. More seriously, I try to show that by describing causation in economic terms, economic theories offer an image of the practice in which the participants incur in logical contradictions and develop patterns of inference that are far from intuitive. For this reason, efficiency cannot be the fundamental principle underlying tort law. Finally, I suggest that economic analysis of law can provide a genuine explanation of certain aspects of legal practice if it relinquishes its reductionist claims.


2011 ◽  
pp. 57-78
Author(s):  
I. Pilipenko

The paper analyzes shortcomings of economic impact studies based mainly on input- output models that are often employed in Russia as well as abroad. Using studies about sport events in the USA and Olympic Games that took place during the last 30 years we reveal advantages of the cost-benefit analysis approach in obtaining unbiased assessments of public investments efficiency; the step-by-step method of cost-benefit analysis is presented in the paper as well. We employ the project of Sochi-2014 Winter Olympic and Paralympic Games in Russia to evaluate its efficiency using cost-benefit analysis for five accounts (areas of impact), namely government, households, environment, economic development, and social development, and calculate the net present value of the project taking into account its possible alternatives. In conclusion we suggest several policy directions that would enhance public investment efficiency within the Sochi-2014 Olympics.


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