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Journal : Jurnal Hukum Volkgeist

Implementation of The Prosecutor's Intelligence Authority in Investigations of Corruption Crimes Tuanaya, Nurjanah; Malik, Faissal; Amriyanto
Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i2.5565

Abstract

This study aims to analyze the implementation of the Prosecutorial Intelligence's authority in investigating alleged corruption at the Tidore Kepulauan District Attorney's Office and to identify the challenges encountered during the investigation process. The methodology employed is empirical legal research with a qualitative field approach. Data were collected through in-depth interviews and documentation studies. The research findings indicate that the implementation of the Prosecutorial Intelligence's authority at the Tidore Kepulauan District Attorney's Office aligns with the applicable regulations, including Article 30B paragraph (d) of Law No. 11 of 2021 on the Amendment of Law No. 16 of 2004 on the Prosecutor's Office of the Republic of Indonesia and Presidential Regulation No. 38 of 2010 on the Organization and Working Procedures of the Prosecutor's Office of the Republic of Indonesia. Nonetheless, several significant challenges were identified in the investigation process, including budget constraints, insufficient education and training for staff, and inadequate facilities and infrastructure. This study provides recommendations to address these challenges, including increasing budget allocations, conducting regular training for Prosecutorial Intelligence staff, and providing adequate supporting facilities to enhance the effectiveness of corruption investigations.
The Legal Authority of Wiretapping by Public Prosecutors in Investigating Corruption Crimes Ambiya, Aulia Rahman; Malik, Faissal; Rumkel, Nam
Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i2.5969

Abstract

This research aims to analyze the legal authority of public prosecutors to conduct wiretapping in corruption cases and to identify the regulatory weaknesses in the implementation of this authority. The research employs normative legal research, a process used to discover legal rules, legal principles, and legal doctrines to address the legal issues at hand. The normative research approach in this study focuses on three approaches: 1) the statute approach, 2) the conceptual approach, and 3) the comparative approach. The findings indicate that the legal authority of public prosecutors to conduct wiretapping is explicitly stipulated in Article 30C letter (i) of Law No. 11 of 2021, amending Law No. 16 of 2004 on the Prosecutor's Office of the Republic of Indonesia. However, there are several weaknesses in the regulations, including deficiencies in legal substance, legal structure, and legal culture. The weaknesses in legal substance include the absence of specific legislation on wiretapping. The weaknesses in legal structure involve overlapping authority among institutions such as the Prosecutor's Office, BIN, Police, and KPK, as well as the lack of digital forensic laboratories and skilled human resources in wiretapping operations.
Enhancing The Role Of Government Internal Supervisory Apparatus (APIP) In Corruption Prevention: A Case Study Of Halmahera Selatan Regency Abd. Wahab, Muhammad Zaki; Malik, Faissal; Rumkel, Nam
Jurnal Hukum Volkgeist Vol. 9 No. 1 (2024): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Corruption significantly threatens state financial stability and governance integrity. This study explores optimizing the role of the Government Internal Supervisory Apparatus (Aparatur Pengawasan Intern Pemerintah, APIP) in preventing corruption in Halmahera Selatan Regency. It aims to analyze APIP’s effectiveness and identify challenges in fulfilling its supervisory role. A combined juridical-normative and juridical-empirical approach was applied. The juridical-normative method analyzed legal frameworks, including laws and policies regulating APIP’s role. The juridical-empirical approach involved primary data collection through interviews with APIP officials and regional government representatives, complemented by secondary data from literature and case studies. Qualitative analysis was conducted to identify key patterns and insights. Findings indicate that APIP’s role in corruption prevention is limited by weak institutional independence, inadequate budget allocation, and low human resource competency. These constraints reduce its ability to perform effective oversight. The study recommends institutional reforms to strengthen APIP’s independence, increase budget allocations, and provide continuous training for personnel. These measures are crucial for effective corruption prevention and fostering transparent and accountable governance at the regional level.