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Journal : Jurnal Prointegrita

URGENSI PENGATURAN GRATIFIKASI SEKSUAL SEBAGAI SALAH SATU BENTUK TINDAK PIDANA KORUPSI Sitohang, Bertrand Silverius; Ghozali, Elizabeth; Marbun, Jaminuddin
JURNAL PROINTEGRITA Vol 5 No 1 (2020): APRIL
Publisher : LPPM Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalprointegrita.v4i1.559

Abstract

Research on the urgency of regulating sexual gratification as a form of corruption is aimed at identifying whether or nor a gift can be given to attempt the sexual service received by civil servant or state officials categorized as gratuities related to corruption. In addition this study also aims at finding out and analyzing policies on sexual gratification in Law Number 31 of 1999 in conjuction with law number 20 of 2001 concerning eradication of corruption in Indonesia in the futer (ius contituendum) and finding out the urgency of regulating sexual gratification as a form of corruption. Based on research conducted, it can be seen that the provision of sexual service to civil servants or state administrators has fulfilled the elements of Article 12 B of Law Number 20 of 2001 concerning Corruption Crime. Providing gratuities in the form of sex service is against the law that lives in the community. Criminal law policy towards the eradication of sexual gratification in Indonesia can be seen in Law Number 31 of 1999 concerning eradicating Criminal Acts of Corruption in conjuction with Law Number 30 of 2002 concerning the Corruption Eradication Commission. Both of these laws have also been enacted Law Number 7 of 2006 concerning Ratification of the 2003 UN Anti-Corruption Convention. The urgency of regulating sexual gratification as a form corruption is based on the fact that in Indonesia the provison of sex services as a criminal act of corruption has occurred, making it easier to prove the efforts made by the KPK (Corruption Eradication Commission) in cases of sexual gratification by official country
REHABILITASI TERHADAP PENGGUNA DAN KORBAN PENYALAHGUNAAN NARKOTIKA DALAM KONSEP PEMIDANAAN DI INDONESIA (STUDI KASUS PUTUSAN DI PENGADILAN NEGERI PURWOKERTO) Sitorus, Tofri Dendy Baginda; Gultom, Maidin; Marbun, Jaminuddin
JURNAL PROINTEGRITA Vol 5 No 1 (2020): APRIL
Publisher : LPPM Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (348.11 KB) | DOI: 10.46930/jurnalprointegrita.v4i1.575

Abstract

The application of legal sanctions against perpetrators of narcotics crimes can be subject to rehabilitation sanctions. The purpose of punishment in narcotics crime as stipulated in Article 127 of Act Number 35 of 2009 must be carried out selectively regarding whether the perpetrator is a user or distributor. The conflict or norm conflict against the Law occurs in Article 127 where in Article 127 paragraph (1) the Judge can convict a narcotics abuser while in paragraph (2) and paragraph (3) it is stated that the Judge must rehabilitate addicts and victims of narcotics abuse. But in fact not all judges provide rehabilitation decisions. As happened in the Purwokert District Court.. The research conducted is normative legal research with the nature of descriptive analysis. This study used secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it was found that the determination of sanctions against narcotics addicts, whether to impose criminal sanctions or sanction rehabilitation, this determination was in the hands of the judge. in accordance with the provisions of Article 127 and Article 103 of Law Number 35 of 2009. In the Indonesian criminal system, a double track system is known where the criminal system consists of criminal sanctions (sanctions) and sanctions for action (maatregel) so that based on article 54 of the Law Number 35 of 2009 for users and victims of narcotics abuse, medical and social rehabilitation is required.