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The criminal liability of Civil Servants and Non-Governmental Organizations in corrupt collaboration Ananda Chrisna D. Panjaitan; Torang Fadly Panjaitan
Integritas: Jurnal Antikorupsi Vol 12 No 1 (2026): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v12i1.1682

Abstract

This article analyzes the expansion of the meaning of abuse of authority under Article 3 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, as amended by Law Number 20 of 2001. The principal issues examined include: (1) whether omission or deliberate inaction by an civil servants may be legally qualified as an abuse of authority and (2) how joint liability between civil servants and NGO may be constructed within the framework of corrupt practices. Through this methodological framework, the doctrinal boundaries of abuse of authority and participation were systematically examined. The findings indicate that an omission by an civil servants who is under a legal duty to act may be qualified as an abuse of authority where such omission is carried out consciously and with the intent to benefit oneself or another person, and where it results instate financial loss. Within the context of collaboration, the doctrine of participation (medepleger) serves as the juridical foundation for attributing joint criminal responsibility between civil servants and NGO actors. It is concluded that the expansion of the interpretation of Article 3 must be undertaken cautiously within the confines of the principle of legality, while remaining responsive to the evolving patterns of collaborative corruption.
JUDICIAL CONSIDERATION OF THE DEFENDANT’S OBJECTION IN DECISION NO. 46/PDT.SUS-PHI/2023/PN SBY Ananda Chrisna D. Panjaitan; Frederica Celia Suwono; Ielien Dorothy Abigail; Ni Made Anggi Dwita Maharani
Jurnal Paradigma Hukum Pembangunan Vol. 11 No. 2 (2026): JURNAL PARADIGMA HUKUM PEMBANGUNAN – AGUSTUS 2026
Publisher : Universitas Katolik Indonesia Atma Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25170/paradigma.v11i2.8299

Abstract

This study aims to analyze the judges’ considerations regarding the defendant’s exceptions in a civil case through a case study of Decision No. 46/Pdt.Sus-PHI/2023/PN Sby. Therefore, the author raises a legal issue concerning the impact of errors in stating the identities of the parties in a lawsuit, as well as the status of the land and building under SHM No. 352 as an object of conservatory attachment. This research employs a normative juridical method using a statutory and case approach. The findings indicate that the panel of judges granted several exceptions raised by the defendant, namely error in persona and obscuur libel. The court determined that the plaintiff’s claim contained formal defects. Consequently, the claim was declared inadmissible (niet ontvankelijk verklaard). This decision is consistent with the Supreme Court jurisprudence No. 601 K/Sip/1975 concerning the misidentification of a defendant and No. 81 K/Sip/1971 concerning the clarity of the object of a land dispute. The study demonstrates that, within the framework of civil procedural law, exceptions play an essential role as an initial mechanism for determining whether a claim is sufficiently proper to proceed to further judicial examination. Furthermore, the findings emphasize the importance of exercising greater precision when drafting a statement of claim, particularly with regard to the identities of the parties and the subject matter of the dispute, so that a claim is not dismissed merely due to formal defects.