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All Journal Jurnal Yustitia Intellectual Law Review (ILRE) Jurnal Keadilan Pemilu
Subihat, Ihat
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PENGADILAN TINDAK PIDANA KORUPSI DAN TINDAK PIDANA PENCUCIAN UANG Subihat, Ihat
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.31

Abstract

The act of corruption is a violation of every person’s life as stipulated in Article 28A of the 1945 Constitution. As a result of corruption that has been detrimental to the country’s finance or the country’s economy, it also impedes the growth and sustainability of demanding national development high efficiency. For this corruption case, a court for corruption case has been established. Meanwhile, Money Laundering as stipulated in Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes, does not have a special court but is often put together with a court of corruption. A court of corruption is the only court that has the authority to examine, hear, and decide the cases of corruption and money laundering crimes whose original crime is a criminal act of corruption; and/or criminal acts which are explicitly stated in other laws as criminal acts of corruption. The problem is how the litigation of corruption and criminal acts of money laundering are incorporated in an indictment of corruption and money laundering. This study used the descriptive method with a normative juridical approach. Data collection was carried out through library studies by collecting data in the form of legal materials; primary, secondary and tertiary legal materials. The analysis technique of this study was descriptive analysis that analyze the process and institutions based on legislation. The results of this study showed that the Corruption Eradication Act regulates materially and formally, so there are exceptions to the principles that are generally regulated in the Criminal Code (KUHP), Criminal Procedure Code (KUHAP) (Lex Specialist Derogate lex Generalis). The modes of money laundering are carried out in various ways. Judging from TPPU modes, it seemed true that TPPU is a stand-alone crime when using cumulative charges is more appropriate. The legal policy of the Corruption Crime Act and Money Laundering Lay (TPPU) related to the rule of law which is the basis of legality for Beneficial Ownership Criminal Liability (BO) as well as its position in Deelneming theory is a topic that must be formulated n the Action Bill Criminal Crime and Money Laundering Crime Bill (TPPU), whether effective evidence for Beneficial Owners (BO), doctrinal or the teaching snares. In the future politics of law enforcement in eradicating corruption and TPPU leads to Beneficial Ownerds (BO) is not enough as long as only the physical actors or stop at the actors revealed in the investigation. Besides the beneficial owner, it is also necessary to regulate criminal liability for legal entities that are used to save the proceeds of money laundering
SISTEM PERADILAN DI INDONESIA BERDASARKAN UUD NEGARA REPUBLIK INDONESIA TAHUN 1945 Subihat, Ihat
Yustitia Vol 5 No 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.58

Abstract

A country’s judicial system cannot be separated from the legal system in force in the country. In other words, a country’s justice system is a sub-system of the country’s justice system. Because the legal system that applies in Indonesia is a legal system based on the Pancasila and the 1945 constitution of the Republic of Indonesia, the judicial system in Indonesia must also be based on Pancasila values and articles in the 1945 Constitution of the Republic of Indonesia. This study was conducted by using normative juridical method by reviewing various legal materials; primary, secondary and tertiary legal materials. While the data collection method was carried out through library studies. The analysis technique used descriptive method with prescriptive approach. The result of this study showed that the four judicial environments are under the Indonesia Supreme Court; general justice, religious justice, military justice and state administrative courts, as sub-judicial systems in Indonesia, each of which has an institutional, authority and legal structure separate events that differ from one another according to the specificity and absolute competence of each that cannot be mixed up. In contrast to other judicial environments which have adjusted to the changes in the new judicial power law, the institutional structure and authority of the courts within the military court which is part of the judicial system under the Supreme court of the Republic of Indonesia is still regulated in Law Number 31 of 1997 concerning Military justice and not yet adjusted to Lay Number 14 of 2004 concerning Judicial Power, because the Amendment Draft to the Law on Military Justice which had been discussed since 2005 has not yet been agreed upon by the DPR and the Government. Even when the Lay on Military Justice cannot be adjusted to Law Number 4 of 2004, on October 29, 2009 Law Number 4 of 2004 was revoked and then replaced with Law Number 48 of 2009 concerning the latest Judicial Power.
DAMPAK POLITIK TRANSAKSIONAL DALAM PEMILU TERHADAP TINDAK PIDANA KORUPSI Subihat, Ihat
Jurnal Keadilan Pemilu Vol. 2 No. 2 (2021): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v2i2.136

Abstract

The prevention and eradication of criminal acts of corruption cannot rely solely on law enforcement; all stakeholders must collaborate. Bureaucratic arrangement, governance arrangement, political arrangement, economic arrangement, and cultural arrangement are all critical to preventing transactional politics from occurring in the legislative, executive, and judicial branches. There are many facts in the trial of corruption cases that should be suspected as a result of transactional politics carried out by state officials during their candidacy. Good governance is in line with democratic principles that are fair, honest, wise, independent, with integrity, responsibility, discipline, humility, and professionalism, as well as tested and measurable. Transactional politics becomes the embryo of corrupt behavior. As a result, four fundamental issues can be addressed to prevent corrupt behavior: neutral law; fair law enforcement ofcials; responsive community legal culture; and bureaucratic empowerment.
PENGADILAN TINDAK PIDANA KORUPSI DAN TINDAK PIDANA PENCUCIAN UANG Subihat, Ihat
Yustitia Vol. 4 No. 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.31

Abstract

The act of corruption is a violation of every person’s life as stipulated in Article 28A of the 1945 Constitution. As a result of corruption that has been detrimental to the country’s finance or the country’s economy, it also impedes the growth and sustainability of demanding national development high efficiency. For this corruption case, a court for corruption case has been established. Meanwhile, Money Laundering as stipulated in Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes, does not have a special court but is often put together with a court of corruption. A court of corruption is the only court that has the authority to examine, hear, and decide the cases of corruption and money laundering crimes whose original crime is a criminal act of corruption; and/or criminal acts which are explicitly stated in other laws as criminal acts of corruption. The problem is how the litigation of corruption and criminal acts of money laundering are incorporated in an indictment of corruption and money laundering. This study used the descriptive method with a normative juridical approach. Data collection was carried out through library studies by collecting data in the form of legal materials; primary, secondary and tertiary legal materials. The analysis technique of this study was descriptive analysis that analyze the process and institutions based on legislation. The results of this study showed that the Corruption Eradication Act regulates materially and formally, so there are exceptions to the principles that are generally regulated in the Criminal Code (KUHP), Criminal Procedure Code (KUHAP) (Lex Specialist Derogate lex Generalis). The modes of money laundering are carried out in various ways. Judging from TPPU modes, it seemed true that TPPU is a stand-alone crime when using cumulative charges is more appropriate. The legal policy of the Corruption Crime Act and Money Laundering Lay (TPPU) related to the rule of law which is the basis of legality for Beneficial Ownership Criminal Liability (BO) as well as its position in Deelneming theory is a topic that must be formulated n the Action Bill Criminal Crime and Money Laundering Crime Bill (TPPU), whether effective evidence for Beneficial Owners (BO), doctrinal or the teaching snares. In the future politics of law enforcement in eradicating corruption and TPPU leads to Beneficial Ownerds (BO) is not enough as long as only the physical actors or stop at the actors revealed in the investigation. Besides the beneficial owner, it is also necessary to regulate criminal liability for legal entities that are used to save the proceeds of money laundering
SISTEM PERADILAN DI INDONESIA BERDASARKAN UUD NEGARA REPUBLIK INDONESIA TAHUN 1945 Subihat, Ihat
Yustitia Vol. 5 No. 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.58

Abstract

A country’s judicial system cannot be separated from the legal system in force in the country. In other words, a country’s justice system is a sub-system of the country’s justice system. Because the legal system that applies in Indonesia is a legal system based on the Pancasila and the 1945 constitution of the Republic of Indonesia, the judicial system in Indonesia must also be based on Pancasila values and articles in the 1945 Constitution of the Republic of Indonesia. This study was conducted by using normative juridical method by reviewing various legal materials; primary, secondary and tertiary legal materials. While the data collection method was carried out through library studies. The analysis technique used descriptive method with prescriptive approach. The result of this study showed that the four judicial environments are under the Indonesia Supreme Court; general justice, religious justice, military justice and state administrative courts, as sub-judicial systems in Indonesia, each of which has an institutional, authority and legal structure separate events that differ from one another according to the specificity and absolute competence of each that cannot be mixed up. In contrast to other judicial environments which have adjusted to the changes in the new judicial power law, the institutional structure and authority of the courts within the military court which is part of the judicial system under the Supreme court of the Republic of Indonesia is still regulated in Law Number 31 of 1997 concerning Military justice and not yet adjusted to Lay Number 14 of 2004 concerning Judicial Power, because the Amendment Draft to the Law on Military Justice which had been discussed since 2005 has not yet been agreed upon by the DPR and the Government. Even when the Lay on Military Justice cannot be adjusted to Law Number 4 of 2004, on October 29, 2009 Law Number 4 of 2004 was revoked and then replaced with Law Number 48 of 2009 concerning the latest Judicial Power.
Implications of the Expansion of Criminal Jurisdiction for State Sovereignty in Counter-Terrorism under the Criminal Code Subihat, Ihat
Intellectual Law Review (ILRE) Vol 3 No 2 (2025): October
Publisher : Yayasan Studi Cendekia Indonesia (YSCI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59108/ilre.v3i2.118

Abstract

The transnational nature of terrorism poses significant challenges to the traditional territorial concept of criminal jurisdiction and directly affects the principle of state sovereignty. The expansion of criminal jurisdiction under Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP) raises legal questions regarding the extent to which a state may exercise jurisdiction in combating terrorism without infringing upon the sovereignty of other states. This study aims to analyse the implications of the expansion of criminal jurisdiction on state sovereignty in the context of counter-terrorism based on the 2023 KUHP and its conformity with principles of international law. This research employs a normative juridical method, using statutory, conceptual, and case approaches through an examination of the 2023 KUHP, counter-terrorism legislation, and relevant doctrines and international legal instruments. The findings indicate that the expansion of criminal jurisdiction in the 2023 KUHP is not arbitrary but is grounded in the principles of active nationality, passive nationality, and the protection of state interests, all of which require the existence of a genuine legal link. Such expansion is primarily situated within the scope of jurisdiction to prescribe and is implemented subject to the principles of non-intervention and international legal cooperation. This study concludes that the expansion of criminal jurisdiction under the 2023 KUHP reconstructs the concept of state sovereignty in a functional and responsible manner, while simultaneously strengthening Indonesia’s position within the global counter-terrorism legal regime without undermining state sovereignty or human rights.
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