Combating Corruption: Problems and Challenges in Indonesia

Corruption has been regarded as commonplace, under the pretext of "being in line with procedures". Corruptors no longer have a sense of shame and fear, instead of showing off their demonstrative corruption results. A crime corruption is a violation of social rights and economic rights of society, so that crime corruption can no longer be classified as ordinary crimes but has become a crime extra-ordinary crimes. So in the effort to eradicate it seems still require the struggle is heavy and can no longer be done "as usual", but it takes "extraordinary ways" (extraordinary crimes). Given the actions by law enforcement officials, it is hoped that the crime of corruption is not increasing expanding. If law enforcement is not as good as it is today, crime is growing, corruption more rampant, bribery cases happening everywhere, abuse of narcotics, and so can only be controlled from a penitentiary. Finally, as well as any existing legislation on ultimately depending on law enforcement officers.

Reviewing the Indonesian Anticorruption Court: A Cost-Effective Analysis

As part of anticorruption reform, the Indonesian Anticorruption Court Law 2009 mandated the establishment of 514 anti-corruption courts in every city. The Indonesian Supreme Court, however, could only establish 34 courts. Three factors that explain this delay: (1) a lack of budget to fund the court; (2) the limited number of people with the integrity and capacity to serve as ad hoc judges; and (3) distrust from citizens regarding the conviction rate and corruption that occurred within the anticorruption court. Some activist and legal scholars proposed either to evaluate or even abolish the anticorruption court. This article contributes in evaluating the newly created court. There are two indicators, cost per case and collection of monetary penalty that could serve as the basis of cost-effectiveness analysis of the Indonesian Anticorruption Court. As a preliminary review, the prosecution of the crime of corruption is cost-effective if the cases had been prosecuted by the Anticorruption Agency (KPK). Alternative policies based on cost-effectiveness are proposed to improve the performance of the anticorruption court without sacrificing resources.

Corruption, asset origin and the criminal case of money laundering in Indonesian law

Purpose This study aims to investigate Indonesian regulation of Article 69 of the Money Laundering Criminal Act (TPPU) related to proving predicate crimes, as it leaves a debate whether it must be proven beforehand or not. Design/methodology/approach This research is a normative juridical study, in addition to examining the views of criminal law experts on the formulation of Article 69 of the TPPU Law; it is also extended to the practice of prosecution and court decisions in TPPU cases. Findings The results of this study show that there are two views related to the obligation to not prove the corruption in the ML case. The first view states that the origin of corruption must be proven, especially because ML is a follow-up crime, so it is necessary to prove corrosive crime as one of the predicate offenses. The second view states that the predicate offense of corruption does not have to be proven beforehand because TPPU is an independent offense. Originality/value This research focuses on analyzing whether or not it is obligatory to prove the original crime of corruption in the money laundering case.

The Funcitonalization of in Absentia Court as a Form of Corruption Crime’s Asset Recovery

Examination of corruption cases in the absence of the defendant at trial still has many obstacles. The elucidation of Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning eradicating criminal acts of corruption, especially in Article 38, provides an opening for the judiciary in absentia as an orientation to save state assets. What is the importance of the judiciary in absentia as an effort to recover assets, how is the implementation of justice in absentia to recover assets? What is the basis for the judges' legal considerations on the implementation of the trial? Then this study uses a normative research method with a normative juridical approach, while this type of research is descriptive. Based on the discussion in the study that the importance of the in absentia judiciary as an effort to recover assets carried out by the defendant legally and appropriately summoned to eradicate the crime of corruption and recover state losses can still be implemented, the assets and all assets of the defendant based on the verdict are proven to be related to corruption. A criminal act of corruption can then be executed. The implementation of the judiciary in absentia is an effort to recover assets through a legal process by taking into account the defendant's rights. The judiciary without the presence of the defendant is guided by Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning the eradication of criminal acts of corruption in Article 38 paragraph (1). The basis for the Judge's legal considerations regarding the trial examination in the defendant's absence is to ensure legal certainty so that the prosecutor as the executor can save the country's assets with considerations of exceptionality, return, and rescue of state assets.

Koordinasi Wewenang Komisi Pemberantasan Korupsi (KPK) dengan Penegak Hukum Lainnya dalam Melakukan Penyidikan Tindak Pidana Korupsi

Corruption is a problem in the economy of every nation in the world, whether in Government or private environments. With the promulgation of Act No. 31 of the year 1999 Jo Act No. 20 year 2001. The Government in the year 2002 through Law – Law Number 30 year 2002 about corruption eradication Commission formed corruption eradication Commission (KPK) which is a specialized agency in dealing with the special corruption. At issue is how the authorities of the corruption eradication Commission (KPK) in conducting the investigation, the crime of corruption? And how coordination between the corruption eradication Commission (KPK) and other law enforcement agencies in conducting the investigation, the crime of corruption? The study used is the normative legal research i.e. research examines law is a law written from various aspects, but does not examine aspects of applied or implementation. Approach this research method by means of reviewing all laws, understanding the hierarchy of principles and legislation. The conclusion in May of this research is that in regards to the investigation of criminal acts of corruption, the corruption eradication Commission (KPK) has authority that is doing the coordination and supervision that can perform the takeover against investigation or the prosecution conducted by the Police and the Prosecutor's Office. But in the relationship between the coordination with other law enforcement agencies KPK still haven't made good cooperation.

HUKUMAN TINDAK PIDANA KORUPSI DI INDONESIA DALAM PERSPEKTIF FIQH

Islamic Shari’ah functioned by God as a deterrent to evil. Jurisprudence of Jinayat in Islamic law recognizes three kinds of punishment for a crime committed by a person; Qishah, hudud and ta’zir. The determination of punishment is not merely a revenge, but rather a goal to create a deterrent effect or shock to create a calm and peaceful society situation as the message contained in the word hayah which means a peaceful life. This paper aims to reveal the concept of punishment in the crime of corruption in the eyewear of Jinayat jurisprudence. Through literature review it can be concluded that the sanction of corruption is ta’zir, which is adjusted with the judge’s decision based on the level of corruption that has been done. Sanctions in the form of ta’zir vary from mild to severe enough to recall corruption with a complex social impact. The ta’zir sanctions that can be given to the perpetrators of corruption are; Imprisonment, defamation, material fines to death penalty.Keywords: Fikh; Criminal Actions; Corruption; Sanctions; Ta’zir

Tinjauan Yuridis terhadap Tindak Pidana Pungutan Liar (Pungli)

In the community, it is often heard about illegal fees which are a form of criminal act. This study aims to determine the regulation of illegal levies (Pungli) based on Regional Regulation No. 8/2010 concerning levies, creations and sports and to determine the imposition of criminal sanctions against perpetrators who commit illegal extortion (Pungli). The research method used is the normative research method, primary and secondary legal material sources, records of statutory books and other literature are carried out to collect data, and analysis of legal materials using legal arguments. The results of this study indicate that the regulation of corruption is implied in the formulation of corruption in several articles including Article 423 of the Criminal Code referred to in Article 12 of Law Number 31 Year 1999 as a criminal act of corruption, which is then reformulated in Law Number. 20 of 2001 concerning the crime of corruption. Legal sanctions against extortion consist of social sanctions and criminal sanctions. The law on corruption is stated in it regarding the crime of extortion.

PERLIDUNGAN JUSTICE COLLABORATOR TINDAK PIDANA KORUPSI

ABSTRACT The guaranted of protection to a Justice Collaborator is stipulated in Article 32 of the United Nations Convention Against Corruption, 2003) as ratified as Law Number 7 Year 2006 stipulates that each State Party is obliged to provide physical and psychological protection against witnesses and experts in the disclosure of criminal acts of corruption. As the development progresses of corruption disclosure in Indonesia, the arrangement of Justice Collaborator is then started to be regulated explicitly in Law Number 31 Year 2014 on Protection of Witness and Victim. Although physical, legal and special protection guarantees against the Justice Collaborator already exist. In fact, in the disclosure of a crime of corruption committed crime, a witness of the perpetrator who cooperates with law enforcement gets bullied until threats are killed. For example in the disclosure of corruption cases involving a number of politicians Political Parties in Indonesia. Keywords: Justice Collaborator, Protection, Corruption

Pertanggungjawaban Pidana Pelaku Tindak Pidana Korupsi Dana Hibah Pengadaan Bibit Sapi (Studi Putusan Nomor 1/Pid.Sus-TPK/2019/PN Dps)

This study aims to analyze the "Criminal Accountability of Corruption Actors in Grants for Beef Procurement Grants". Legal issues arising from this study include: How is the arrangement of grants and their relationship with criminal acts of corruption, as well as criminal liability for perpetrators of corruption in the procurement of cattle (Decision Number 1/PPid. Sus-TPK/2019/PN Dps). The research method used in this research is normative legal research with statutory, conceptual and case approaches. Based on the results of this study, it can be concluded several things: 1) Grant arrangements are regulated in Article 1666, 1682 and 1682 of the Civil Code; 2) The relationship between grants and corruption related to grants is a wet field that is used by individuals to commit corruption. 3) Based on Decision Number 1 / Pid.Sus-TPK / 2019 / PN Dps, the defendant is proven to have violated Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning Eradication of Corruption Crimes in conjunction with Law Number 20 of 2002. Form of criminal liability the perpetrators of corruption in the form of imprisonment for 2 (two) years and 4 (four) months minus the temporary detention period and based on orders so that the defendant remains in custody and a fine of Rp 50,000,000 (fifty million rupiah) subsidair 2 (two) a month of confinement, and is charged to pay a replacement money of Rp 127,350,000 (one hundred twenty seven million three hundred fifty thousand rupiah). The advice that can be given to the reader is through education and exemplary attitude from the leader who becomes the main spear as a reflection of the government towards the next generation. For further researchers who will examine the crime of corruption in order to dig deeper about how the government plays a role in efforts to prevent corruption

The Reconstruction of The Corruption Eradication System in The Perspective of The Criminal Law in Indonesia

Corruption is a crime, just like all other crimes which has existed since a long time ago. The problem is that corruption is like a virus in the society which may spread very quickly. It is difficult to eradicate. The efforts to eradicate corruption has been carried out, but the reality shows that it keeps on increasing along with the increasing welfare, technologies, and development. On 2018, Indonesia stood in the 89th place of the world corruption rank. Thus, there needs to be a reconstruction to the forms of the main and the additional punishments in Indonesia’s positive law, so that it is clear that corruption is a terrible crime which must be fought using extraordinary methods. In Indonesia’s constitution of Corruption Eradication Article 2 clause 2 of the constitution No. 31 of 1999 it states that, “In the case of the crime of corruption as meant in clause (1), when carried out under certain conditions, death penalty may be imposed.” From the explanation of that article, and also from the Constitution No. 31 of 1999 it can be concluded that the forms of existing main punishments are: Imprisonment for some time or life sentence, death sentence, or fine. Meanwhile, the forms of additional punishments are: The revocation of certain rights, the deprivation of certain items, the announcement of the judge’s verdict, the deprivation of tangible movable properties (unmovable and intangible) which are used or are obtained from corruption, the payment of replacement money according to the amount obtained from corruption, the closing of some businesses for the maximum period of one year, and the revocation of all or some rights (the elimination of some privileges. Keywords: reconstruction; corruption; criminal law