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Taufik, Iqbal
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Journal : Matakao Corruption Law Review

 1 
Membedah Tindak Pidana Politik Uang, Suatu Telaah Dari Sisi Struktur Norma Muammar, Muammar; Taufik, Iqbal
MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i2.11305

Abstract

Introduction: Money politics is one of the crimes regulated in the Election Law. This crime in the Election Law regime is considered a Structured, Systematic and Massive Crime (TSM). This crime has always been a discourse that surfaced in the public when approaching elections / elections. Especially now, Indonesia is undergoing a political year leading to the upcoming 2024 elections. Purpose of the Research: this paper aims to dissect the criminal act of money politics in terms of the norm structure. Method of the Research: this paper uses the method of statutory approach (statute approach), conceptual approach (conceptual approach) and philosophical approach to legal (philosophical approach). Results of the Research: norm structure can be divided into 4 (four) elements, namely norm subjects (normadressat), norm operators (modus van behoren), norm objects (normgedrag) and norm conditions (normconditie). The criminal act of money politics mentioned in this paper only revolves around the norms regulated in article 515 and article 519 of the Election Law. Basically the two articles have similarities in the subject elements of norms and norm operators. The subject of the norm of both articles is "everyone", while the operator of the norm is "prohibition". The two articles differ in terms of objects, norms and norm conditions. For article 515 the object of the norm is the act of "promising or giving money or other material. The norm condition is "intentionally, voting, to the Voter not to exercise his right to vote, to vote for certain Election Participants, to exercise his right to vote in a certain way, the ballot is invalid". As for article 519 the object of the norm is "fraudulent acts", and the norm condition is "misleading someone, coercing, promising or by giving money or other materials, to obtain support for the candidacy of DPD members in elections".
Korupsi Politik, Hukum dan Etika: Diskursus Kegaduhan di Tengah Panggung Demokrasi Indonesia Muammar, Muammar; Taufik, Iqbal; Saimima, Judy Marria
MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v2i1.13488

Abstract

Introduction: The recent 2024 elections have left so many interesting issues and become public investigations. Such as the issue of violations of the law, violations of ethics, even leading to the issue of political corruption. These issues are so interesting, that almost every day the news in various media only contains them. Purposes of the Research: This paper aims to describe and analyze how the correlation between political, legal and ethical corruption issues and is rife during the 2024 election. Methods of the Research: This paper uses normative legal research methods. The approach used is a conceptual approach and a statutory approach. Results of the Research: The occurrence of various events that colored the implementation of the 2024 elections has captured public attention and energy so far. Various kinds of violations of law and ethics are presented and displayed in front of the public eye. The discourse on political corruption came to the fore along with the performance "attracted" by President Joko Widodo. Starting from "cawe-cawe" (interfering) in political affairs to the issue of intervention in various policies, including the alleged birth of the Constitutional Court decision No.90/PUU-XXI/2023. In addition, various issues of violations of law and ethics also "flooded" the 5-year political event. Even during almost the entire implementation of the 2024 elections, the issue of violations of law and ethics takes a significant portion. The correlation between the two is very close and inseparable. Law is like packaging that wraps the ethics that are the contents of the packaging. In that position, ethics occupies a "special" position because it actually originates from the moral niche of man, where law in the sense of norms has no such thing.
Kajian Kriminologis Terhadap Tindak Pidana Korupsi Dana Desa Purwanto, Astrid Hilarry; Latupeirissa, Julianus Edwin; Taufik, Iqbal
MATAKAO Corruption Law Review Vol 2 No 2 (2024): November 2024 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v2i2.19411

Abstract

Introduction: Corruption is one of the dangerous crimes that is also categorized as White Collar Crime which is a form of crime committed by a person or group who has a position using the authority they have in their work. Corruption crimes from year to year continue to increase. Purposes of the Research: to find out what are the factors that cause the crime of corruption of village funds and how to enforce the law to prevent the occurrence of corruption of village funds. Methods of the Research: The research method used in this writing is empirical juridical research. This type of research is descriptive analysis. The sources of legal materials used are primary and secondary legal materials. Techniques for collecting legal materials through literature study and then analyzing them descriptively using qualitative methods based on criminal law science Results of the Research: The results of this research are what factors cause corruption in village funds and what law enforcement efforts can be taken to prevent it from happening again. Corruption is driven by several factors, namely economic factors, poverty, and lack of awareness of the law, etc.
Putusan Bebas Tindak Pidana Korupsi: Studi Putusan Pengadilan Negeri Ambon Nomor 12: PID.SUS-TPK/2024/PN.AMB Salsabilla, Ditha Arizki; Sopacua, Margie Gladies; Taufik, Iqbal
MATAKAO Corruption Law Review Vol 3 No 1 (2025): Mei 2025 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v3i1.19839

Abstract

An acquittal (vrijspraak), acquittal, if the defendant's guilt for the act charged to him is not proven legally and convincingly based on the results of the examination in court. Article 183 of the Criminal Procedure Code, A judge may not sentence someone unless he is convinced, with at least two valid pieces of evidence, that the crime actually occurred and the defendant is guilty of committing it. The research method used is the normative legal research type, which is carried out by examining library materials or secondary data, namely examining theories, concepts, legal principles and laws and regulations that are relevant to the problem being studied. The results of the study indicate that the application of material criminal law to corruption cases in the Ambon District Court decision case Number: 12 / Pid.Sus-TPK / 2024 / PN Amb.) was carried out in accordance with the legal facts, both statements from witnesses, statements from the defendant, and evidence. The form of the indictment made by the public prosecutor is appropriate because if the public prosecutor chooses to compile an indictment in the form of a subsidiary, then the systematic arrangement is where the crime threatened with the heaviest principal penalty is placed in the first layer or placed on the primary indictment and the crime threatened with a lighter penalty is placed on the indictment but in terms of proof it can cause difficulties because the proof of the primary indictment can touch the proof of the subsidiary indictment. The Judge's Legal Considerations in handing down the Acquittal was handed down to the Ambon District Court decision Number: 12 / Pid.Sus-TPK / 2024 / PN Amb.) because it was not legally and convincingly proven that the defendant was guilty of committing the corruption crime charged.
Co-Authors Ablamskyi, Serhii Adoa, Rama Alfons, Revalno Amalia Mustika, Amalia Andres Deny Bakarbassy Arif Hidayat Baranyanan, Soeleman Djaiz Gustafianof, Gustafianof Hehanussa, Deassy Jacomina Anthoneta Kogoya, Willius Latumerissa, Denni Latupeirissa, Julianus Edwin Mailoa, Mikhael Patric Jansen Manuputty, Gloria Imanuella Muammar Muammar Muammar, Muammar Muhammad Irham Muhammad Irham Nasarudin Tianotak Purwanto, Astrid Hilarry Ramadhanti, Aghniya Erlita Saimima, Judy Marria Salamor, Anna Maria Salsabilla, Ditha Arizki Sopacua, Margie Gladies Sutiapermana, Aden Tharob, Khusnul Titahelu, Juanrico Alfaromona Sumarezs Ubwarin, Erwin Wadjo, Hadibah Zachra