Coordination in the Corruption Eradication Commission (KPK)'s Prosecution Tasks Based on Independence Perspective

Coordination of KPK prosecution duties as stated in Article 12A of Law no. 19 of 2019 amending Law No. 30 of 2002 concerning the Commission for the Eradication of Criminal Acts of Corruption, or Komisi Pemberantasan Korupsi (KPK) raises concerns because it creates dependence on other institutions and certainly reduces the independence of the KPK institution. As for some of the problems that need to be known from the existence of this coordination concept, among others: (1) the coordination can be directed towards the form of KPK's subordination to the prosecutor's institution; (2) coordination makes the confidentiality of data held by the KPK not maintained; (3) this coordination is very prone to conflict of interest with the prosecutor's office; (4) this coordination also raises concerns that rotten politics in the resolution of corruption cases may occur. The author uses independence principle analysis. The type of research used in compiling this paper is normative or doctrinal legal research. The research shows that coordination can be done using clear boundaries. First, coordination is still allowed to the extent that it is possible to combine cases that the KPK may not handle. Second, coordination can also be carried out in the event of merging a corruption case that is not the authority of the KPK. Third, the coordination also can be done in the case of the concurrent events. Fourth, the coordination is only related to procedural law.

Student’s Awareness Towards Corruption Cases in Indonesia

Background : The current corruption case in Indonesia are severely problematic since it is normalized by society. As a response, the current agenda of the Indonesian government to tackle it is by raising awareness of youth towards Indonesia’s corruption case. Aim : This study aims to knowing the importance of anti-corruption education and its applications among students. Method : The methodology of this study is the use of a qualitative survey on Faculty of Pharmacy students and interviews with representatives of students of the Faculty of Pharmacy. The population of this study is students of Airlangga University. The sample of this study is 52 students of class C the Faculty of Pharmacy Result : Students have awareness about corruption and even proposed that the current anti-corruption education is not enough to tackle corruption. Recommendation : The researcher suggests that students can be brave to campaign about the importance of anti-corruption education to the public. Limitation : The limitation of this study is that it is difficult to conduct research because in the online pandemic era, this results in delays in the research process.

ANALISIS YURIDIS PENEGAKAN HAK AZASI MANUSIA TERHADAP PENJATUHAN PIDANA PENCABUTAN HAK POLITIK TERPIDANA KORUPSI

Penelitian ini bertujuan menganalisis terdakwa siapa saja yang terlibat dalam perkara korupsi yang berhak dijatuhi pidana tambahan. Jenis penelitian yuridis normatif. Sumber data sekunder. Bahan hukum primer putusan hakim. Analisis data pada penelitian hukum yuridis normatif ini secara deskriptif kualitatif. Hasil penelitian diperoleh menunjukkan bahwa penjatuhan putusan pidana tambahan berupa pencabutan hak memilih dan dipilih dalam jabatan publik kepada terpidana korupsi merupakan upaya yang menjerakan bagi para terpidana korupsi serta upaya preventif terjadinya tindak pidana korupsi, akhirnya penulis merekomendasikan untuk agar hakim harus konsisten dalam menjatuhkan pidana tambahan pencabutan hak politik serta mencantumkan kapan mulai berlakunya serta batas waktu berlakunya. This study aims to analyze the defendants who were involved in a corruption case who have the right to be sentenced to additional crimes. This study is normative juridical research. Secondary data sources were primary legal materials for the judge's decision. Data analysis in this normative juridical legal research is descriptive qualitative. The results obtained show that the imposition of additional criminal decisions in the form of revocation of the right to vote and to be elected in public office to corruptors is an effort to deter corruptors as well as efforts to prevent corruption. Finally the author recommends that judges must be consistent in imposing additional crimes of political rights revocation and stating when it comes into effect and the time limit for this.

Corruption could derail Mauritanian president's agenda

Significance Despite significant progress on reform, serious grievances persist among sections of the population. Meanwhile, an ongoing corruption case against former President Mohamed Ould Abdelaziz presents challenges for the incumbent. Impacts Abdelaziz will remain in pre-trial detention after his lawyers failed in a fourth bid to secure his provisional release. Foreign coverage of Mauritania focuses on the Abdelaziz case, but domestically, social and economic justice matters at least as much. Addressing long-standing concerns, such as land rights and the legacy of past repression in the south, will require deep structural reform.

The Principle of Equality Before the Law in Indonesian Corruption Case: Is It Relevant?

Article 28D paragraph (1) of the NRI Constitution of 1945 states that "Everyone is entitled to the recognition, guarantee, protection, and certainty of fair law and equal treatment before the law". Unfortunately, the implementation of the article is not in accordance with the theory. Cases that go against the principle of equality before the law include cases of corruption convicts who get lavish facilities in poor prisons. The purpose of this research to find out the form of facilities obtained by corruption inmates is reviewed from the principle of equality before the law, as well as the extent of the government's efforts in dealing with cases like this. The methodology used to resolve this error uses empirical juridical research methods. Data collection techniques by conducting interviews, observations, documentation and re-analysis with qualitative methods that aim to understand phenomena occurring in the field. The results showed that the form of facilities obtained by corruption inmates such as televisions, cell phones, air conditioners made it easier to get in and out of prisons, and so on. The Government's efforts in dealing with this are to revitalize the coaching of inmates and the revised plan of Law no. 12 of 1995 on correctional with the aim of improving the personality quality of inmates until the presence of the intention to improve themselves and do not want to repeat the validity.

Analysis of Protection of Major Witness in Corruption Eradication Cases

Corruption has become massive societal phenomenon that has been regarded as extraordinary crimes threatening Indonesian economy and impeding national development. All societal elements expect that it will not be unresolved problems. Until recently, criminal law policy in its attempt to eradicate corruption has more put emphasis on the perpetrator. Such policy on witness protection, in the criminal case of corruption, needs to be optimized because it can be an alternative legal instrument in the attempt to eradicate corruption. Law-enforcement authorities face difficulties in unfolding a corruption case because it is often well systematically planned. In many cases, witnesses are reluctant to report a corruption case because of threat, intimidation, and criminalization posed to them. Problems are (1) How is the regulation of witness protection act and the corruption eradication in Indonesia? (2) How is the urgency of witness protection in the criminal cases of corruption eradication? (3) How is criminal law policy on witness protection to facilitate the corruption eradication in Indonesia? This research employs normative juridical approach with the descriptive research type. Findings show that(1) the development of witness protection act in the corruption case is highly relate to the witness stand on the criminal justice system; (2) the urgency of witness protection in the corruption eradication process is highly related to the common occurrence of intimidation and threat toward the witnesses. It indicate that the witness and victim protection is an important and urgent legal aspect; (3) criminal law policy in the corruption eradication process put more emphasis on the perpetrators and less concern on the witnesses involved in legal investigation. It is necessary to optimize the role of LPSK in criminal law policy including in giving the protection to witness in the case of corruption eradication; therefore, it is important to conduct legal update on the witness protection act in the case of corruption eradication process. Keywords: Witness Protection, Corruption Eradication, Criminal Law Policy.

The Strength of the Kinship Politics Network and Modalities of Pilar Saga in the 2020 South Tangerang Regional Head Election

The issue of kinship politics networks and modalities Pilar Saga is built on the Ratu Atut Chosiyah's dynastic politics. Interestingly, the dynastic political network in Banten contributed to Pilar Saga's victory. Even the various corruption cases that ensnared Ratu Atut's family could not undermine her political network. For example, the corruption case of Ratu Atut for alleged bribery of the Constitutional Court and the trading of positions, T Chaeri Wardana for the corruption case of medical equipment, and Ratu Lilis Karyawati for the Cibenuangen River bypass case in Lebak, Banten. The purpose of this study was to analyze the extent to which Pilar Saga's kinship politics network and modalities influenced his victory in the 2020 South Tangerang Regional Head Election. This study used a qualitative approach with a descriptive method in South Tangerang. The research data was taken through observation and library research to strengthen the conclusion. The results show that the Pilar Saga political network and modalities, apart from being built from the Atut dynasty, were also boosted by the performance achievements of the incumbent Pilar Saga pair. The incumbent in the previous period with Airin Rachmi Diany (Atut's sister-in-law) was able to bring South Tangerang City to be the best Regency/City area in Banten in HDI (Human Development Index) numbers. On this basis, the rational behavior of voters in South Tangerang was not fooled by the various cases that ensnared their relatives in the corruption of the Ratu Atut Chosiyah dynasty.

Clientelism in the electoral process as a manifestation political corruption. Case of Ukraine

Authors consider political corruption and clientelism in the electoral process as destructive phenomena that violate the normal principle of society and artificially create obstacles within the political system. The understanding of clientelism by different authors as a component of political corruption, the conditions of its existence, as well as the consequences and influence on political power are analysed. Basing on the achievements of foreign scientists, the content and the essence of the concept of “electoral clientelism” is determined, the main reasons and preconditions of this phenomenon emergence are found, the authors’ own definition, summarizing the known scientific approaches, is offered. The devastating impact of clientelism on the electoral process that results in violating the principle of competition between political forces, and further leads to the development of corruption in the power system, is elucidated. Varieties of electoral clientelism in accordance with the tasks set by corrupt subjects of the electoral process in order to gain an advantage over opponents during the voting are found out. Apart from the approach, where electoral clientelism provides material benefits to voters, an approach, where the voters are constantly informed of the clientele character data, basing on which the unfair politicians create a mobilization campaign, is considered. The authors showed their own vision of the connection between electoral clientelism and political corruption manifested in the occupation of political positions by ineffective candidates and further use of their powers for private purposes, which will threaten the long-term prospects of social development. A number of ways to regulate clientelism’s impact on the electoral process, in particular through electronic voting introduction, established compulsory voting, agitation campaign financing control, severe penalties for clientele activity etc., are traced.

The typology of agency models of corruption and the totalitarian corruption case

The paper applies a typology of agency models of corruption, based on the conformity of principal and agent’s preferences to the “ideal” preferences of society. The proposed approach has allowed to theoretically substantiate the existence of new models of corrupt behavior, quasi- and totalitarian corruption, and subsequently to reveal cases of such agents’ behavior in the public procurement practice. In conditions of inefficient regulation, developed by the mala fide principal, bona fide agents in an effort to best meet the needs of society may violate certain provisions of regulatory legal acts or regulatory policy principles (quasi-corruption) whilst the mala fide agents do the same things for bribes (efficient corruption). On the other hand, in some cases the agents have to act in accordance with the inefficient regulation, being deprived of the possibility to violate it (totalitarian corruption). In the paper, the discussion of assumptions of different models, presented in the typology, including quasi- and totalitarian corruption, has been found in the academic literature. The paper examines the hypothesis that the proposition of Russian single-source procurement regulation which directly restricts annual small purchasing of contracting authorities provokes totalitarian corrupt behavior of buyers making them use electronic reverse auctions instead of single-source procurement to award small contracts.

Evidentiary of the Criminal Act of Corruption in Teleconference Trials during the Covid-19 Pandemic

The trial of corruption cases by teleconference is very vulnerable to manipulation of the trial or game cases that can obscure or change the actual facts, internet network connections. In addition, with atrial teleconference for judges, public prosecutors and legal advisors cannot see the direct response of the examined parties to determine the gesture in answering and giving reasons in answering questions, making it difficult to catch whether there has been a blurring of facts or not. The problems of this research are 1) How is the evidence in the trial of corruption cases by teleconference during the COVID-19 pandemic? 2) How should a case prove a corruption case teleconference during the COVID-19 pandemic? By using normative juridical research methods, it is known that 1) Supreme Court Regulation No. 4 of 2020 in principle has accommodated the process of evidentiary the trial of corruption cases and is legal according to law, but in practice not all cases of corruption can be proven by teleconference. 2) The process of evidentiary the trial of corruption cases by teleconference in the COVID-19 pandemic situation that should be carried out is optional so that in practice it does not need to be carried out by teleconference, this returns to the weight of the case being handled.