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All Journal Jurnal Ilmu Hukum The Juris Collegium Studiosum Journal
Ardiansah
Universitas Lancang Kuning, Pekanbaru, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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KAJIAN SURAT TELEGRAM TENTANG PENGEMBALIAN DANA KORUPSI TERHADAP UNDANG UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Iman Munandar Batuara; Ardiansah; Aulia Vivi Yulianingrum Bagio Kadaryanto
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2218

Abstract

Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia requires a concept of criminal offense settlement that waives the criminal process for the sake of public order and security (Harkamtibmas) and the public interest. This serves as the juridical basis for the issuance of the Criminal Investigation Agency Telegram Letter Number: ST/206/VIII/2016 dated August 24, 2016, concerning the Handling of Corruption Crimes in the Return of State Financial Losses. This telegram letter explains that the reason for terminating an investigation based on the Criminal Investigation Agency Telegram Letter Number: ST/206/VIII/2016 dated August 24, 2016, is that if there is a return of state financial losses to the state treasury during the investigation process, the investigation shall not be upgraded to the prosecution stage. Investigators complete the administration for the termination of the investigation by referring to the Circular Letter of the Chief of the Indonesian National Police Number: SE/7/VII/2018 dated July 27, 2018, concerning the Termination of Investigation, issuing a Progress Report on Investigation Results (SP2HP) to the reporter, and sending a formal letter to the Resort Police (Polres). The purpose of this research is to analyze the review of the Telegram Letter concerning the return of corruption funds against Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. It also aims to analyze the ideal review of the Telegram Letter concerning the return of corruption funds against Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. The method used is normative legal research. Based on the research results, it is known that the review of the Telegram Letter concerning the return of corruption funds against Law Number 31 of 1999 concerning the Eradication of Corruption Crimes shows that the Telegram Letter can override the Law; if state losses are returned, the criminal offense will be terminated at the investigation stage. The existence of this Telegram Letter allows the return of state losses to halt the investigation, which contradicts Article 4 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, which states that the return of state financial or economic losses does not abolish the criminal prosecution of the perpetrator as referred to in Article 2 and Article 3. Ideally, the review of the Telegram Letter concerning the return of corruption funds against Law Number 31 of 1999 concerning the Eradication of Corruption Crimes should emphasize the return of state losses without abolishing the corruption crime itself. As an extraordinary crime, corruption possesses a higher complexity compared to conventional crimes or even other special crimes. Particularly in the investigation stage of corruption crimes, there are several authorized investigative institutions empowered to handle the investigative process against perpetrators involved in these corruption offenses.
PENEGAKAN HUKUM TERHADAP PENGOPERASIAN PEMBANGKIT TENAGA LISTRIK YANG TIDAK BERIZIN MILIK PERUSAHAAN KELAPA SAWIT Muhammad Zainal; Ardiansah; Robert Libra
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1913

Abstract

Law enforcement against the operation of unlicensed power plants owned by palm oil companies in Siak Regency is urgently needed. This research is expected to contribute to the development of legal science, particularly administrative law and energy law, as well as provide practical input for policymakers in realizing better, more equitable, and sustainable electricity governance. The purpose of this research is to analyze law enforcement, obstacles, and efforts to overcome these obstacles against the operation of unlicensed power plants owned by palm oil companies in Siak Regency based on Law Number 30 of 2009 concerning Electricity. The method used is sociological legal research. Based on the research results, it is known that despite clear regulations in Law Number 30 of 2009 concerning Electricity, its implementation still faces obstacles. Several companies still operate power plants without official permits, and law enforcement actions tend to be reactive, with sanctions inconsistent. This demonstrates the need for cross-agency coordination and strengthened oversight mechanisms to ensure more effective law enforcement and a deterrent effect. Obstacles include limited resources, suboptimal coordination, and resistance from some companies, which have made the implementation of Law Number 30 of 2009 less effective. This indicates the need for a more integrated law enforcement strategy, increased oversight capacity, and community empowerment to create a deterrent effect for violators. Efforts to overcome these obstacles include inter-agency coordination, increased oversight capacity, simplified licensing procedures, and community participation, all complementary measures. A more structured coordination mechanism is recommended between the Environmental Agency, the Ministry of Public Works and Housing (DPMPTSP), law enforcement officials, and other relevant agencies. This will expedite prosecution of companies operating unlicensed power plants and avoid overlapping authority.
Co-Authors Aulia Vivi Yulianingrum Bagio Kadaryanto Iman Munandar Batuara Muhammad Zainal Robert Libra