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All Journal Integritas: Jurnal Antikorupsi KRTHA BHAYANGKARA
Daffa Ladro Kusworo
University of Indonesia
Law, Crime, Criminology & Criminal Justice

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Reciprocal Policy Reformulation of Placement of TNI and Polri in Certain Civilian Positions Eka Deviani; Daffa Ladro Kusworo; Karmilla Febbiazka; Marlia Eka Putri A.T.
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.3095

Abstract

The State Civil Apparatus (ASN) Law, which was just passed in parliament on October 3, has sparked polemics. This regulation allows the TNI and Polri to fill ASN positions within civil institutions, as outlined in Article 19. ASN positions consist of managerial positions and non-managerial positions. The explanation of the article states that the filling of TNI and Polri positions by ASN and vice versa aims to ensure that ASN, TNI and Polri soldiers have balance and equality in their career development based on the Merit System. This provision in principle contradicts the restriction efforts that have been regulated in the Polri Law and TNI Law. Article 28 Paragraph (3) of the Polri Law explicitly states that Polri members can hold positions outside the police after resigning or retiring from the police service. Article 47 Paragraph (1) of the TNI Law also regulates that soldiers can only hold civilian positions after resigning or retiring from active military service. Thus, the government should reassess and reformulate articles that are counterproductive. In the research conducted by the current author, normative research or doctrinal research and empirical juridical research are used. The main types of data in this research are primary data and secondary data. Data analysis is carried out qualitatively, namely the process of organizing and sorting data into patterns, categories, and one basic description, so that it can be formulated in accordance with the research objectives (substantive theory). This research also conducts comparative theory with other countries' concepts in limiting civilian positions for the TNI and Polri. The urgency of this research is to critically examine the reciprocal policy for the placement of certain civilian positions between TNI soldiers and Polri members with State Civil Apparatus (ASN) employees, which is interpreted as an accelerated expansion of job opportunities, but has implications for the staffing system and civilian militarization in Indonesia in projection.
Penafsiran Ekstensif Kerugian Keuangan Negara Dalam Korupsi Sumber Daya Alam Sektor Timah: Studi Komparatif Negara-Negara Berkembang Daffa Ladro Kusworo; Titi Anggraini
Integritas: Jurnal Antikorupsi Vol 10 No 2 (2024): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v10i2.1280

Abstract

The precedent of state losses in regulations is still limited to the paradigm of nominal losses, which is clearly different from the type of corruption in natural resources, particularly when considering environmental damage benchmarks in ecological, economic, and environmental recovery aspects. Unfortunately, Article 2, Paragraph 1, and Article 3 of the Eradication of Criminal Acts of Corruption Law, which defines the term “state financial losses,” creates confusion in interpretation because it is different from other regulations, such as Minister of Environment Regulation No. 7/2014. In this regulation, state economic losses due to environmental damage and recovery costs are included as non-tax state revenue. It's unfortunate that government's right to sue in civil realm is used for compensation, and not for environmental restoration. This practice creates a conflict between corruption losses in the environmental aspect and the paradigm of state finances. This research is based on a doctrinal method that refers to legislation as the basis for hypothesis testing to dichotomize the interpretation of state losses, accompanied by a comparison with other countries. The results show that state financial losses interpretation needs to be seen casuistically through multi-regime investigation paradigm, namely by combining formulation unlawful acts between regulations. In fact, the practice of natural resource corruption is rampant in developing countries due to a lack of determination regarding losses and appropriate environmental corruption sanctions for perpetrators.
Co-Authors Eka Deviani Karmilla Febbiazka Marlia Eka Putri A.T. Titi Anggraini