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Rusmiati, Elis
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Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Corruptio

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Dissenting Opinion of Corruption Court Judges as a Form of Freedom and Legal Reform in Indonesia Simanjuntak, Louis Fernando; Rusmiati, Elis; Atmaja, Budi Arta
Corruptio Vol 4 No 2 (2023)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v4i2.3050

Abstract

The existence of dissenting opinions is a step in organizing law enforcement. This is also an important issue in organizing judicial power in relation to the 1945 Constitution and Law No. 48/2009 on Judicial Power. In Indonesia itself, judges are allowed to give dissenting opinions, although there has never been a clear definition of dissenting opinions. In Anglo-Saxon law, dissenting opinions have become commonplace, and these dissenting opinions often form new laws. This is in line with the term "judge made law". Therefore, the existence of dissenting opinion is very important, because it can continue to update the existing law.This research includes normative or doctrinal legal analysis because it wants an accurate and clear picture of the judge's dissenting opinion on the verdict of a corruption case. To explain and find answers to problems, theories are used as the basis for analysis, namely Legal Certainty Theory, Judicial Power Theory, Evidence Theory, Legal Construction Theory, and Sentencing Theory.The impact of the application of dissenting opinions by judges is an instrument towards a better quality of law enforcement, not just a matter of majority and minority in the consideration of judges but a consideration of whether or not a criminal offense has been proven. Therefore, further regulation of the conception of dissenting opinions in Indonesia is important. Legal reform of the Criminal Procedure Code in Indonesia and dissenting opinions must be regulated in the Criminal Procedure Code, precisely in the decree article 197, so that it becomes part of the consideration of a decision. The mechanism for entering dissenting opinions needs to be further regulated so that it becomes a form of transparency to the public.
The Urgency of Regulating Trading in Influence: An Analysis of the Doctrine of Participation in Indonesian Criminal Law Sitorus, Talenta; Rusmiati, Elis; Sulistyani, Wanodyo
Corruptio Vol 5 No 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/corruptio.v5i2.4025

Abstract

Trading in influence is a non-mandatory offense regulated under the United Nations Convention Against Corruption (UNCAC). Indonesia ratified the UNCAC through Law Number 7 of 2006. In practice, trading in influence has been prevalent in Indonesia; however, it is often prosecuted as bribery. Perpetrators are typically charged under Article 55 of the Criminal Code (concerning participation) in conjunction with bribery or gratuity provisions under the Corruption Eradication Act. This research employs a normative legal research method, analyzing laws, legal literature, and doctrines related to the concept of influence trading. The findings indicate an urgent need for explicit regulation of trading in influence within Indonesia’s legal framework. The current anti-corruption laws, particularly when applied alongside Article 55, do not comprehensively address cases where influence trading occurs without direct bribery but still results in financial losses to the state. Establishing clear legal provisions on trading in influence is essential to prevent legal uncertainty and close existing regulatory gaps.
Co-Authors Agus Takariawan Ajie Ramdan Anita Afriana Ardilla, Merti Arief Budiman Artaji, Artaji Atip Latipulhayat Atmaja, Budi Arta Barlian, Aristo Evandy A. Bella Sari, Fianka Chatarina Umbul Wahyuni Debora Sinaga, Debora Efa Laela Fakhriah Erika Magdalena Chandra Ijud Tajudin Islamy, Yolanda Matogu, Faisal Mien Rukmini, Mien Naufal Hibatullah, Muhamad Naufal, Rifki Shofwan Putri, Sherly Rumin, Mien Simanjuntak, Louis Fernando Sitorus, Talenta Sukma, Ahmad Novindri Aji Tri Handayani Wanodyo Sulistyani Widati Wulandari