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All Journal Jurist-Diction Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Fitriyana, Lolita
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of Non-Government Organizations Position in Filling Pre-Trial for the Purpose of Determining the Suspect Setiawan, Peter Jeremiah; Fitriyana, Lolita; Negara, Puri Indah Sukma; Choirunnisa, Novia
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 1 (2021): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i1.1632

Abstract

After  Decision of the Constitutional Court Number 98 / PUU-X / 2012, NGO include third parties with an interest in submitting pre-trial proceedings by terminating investigations or terminating proceedings, but related to Post- Decision of Constitutional Court Number 21 / PUU-XII / 2014, it can be seen that there is an extension of pre-trial proceedings, one of which is the suspect's determination. It actually raises concerns about pre-trial object posed by NGO, whether or not it requires the determination of a suspect, it given that it is not written if it looks at grammatically. Based on background above, this research analyzes about first, can non-governmental organizations submit pre-trial applications for the purpose of determining a suspect? Secondly, what is the concern of juries’ respect to the position of Non-Governmental Organization that submitted a pre-trial application for the purpose of determining the suspect? This research is a normative legal research with an approach to laws, a philosophical approach and a case approach. Based on this research, it has been identified that First, NGO should first submit pre-trial applications for the purpose of assessing a suspect. Whereas, since Article 77(a), which is incidentally the subject-matter of pre-trial proceedings for NGO, has been extended, it should be interpreted that NGO also send pre-trial applications for the purpose of determining the suspect. Secondly, in some justices' reflections based on Constitutional Court's Decision Number: 98 / PUU-X / 2012 on May 21, 2013 jo. The justice considered, in Constitutional Court Decision Number 21/PUU-XII/2014, that the complainant as an NGO has a legal role in bringing a preliminary ruling against the object of suspect’s determination.
Examining the Legal Foundations of Political Party Liability for Money Laundering Fitriyana, Lolita; Firmansyah, Ridho
Jurist-Diction Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v8i3.77409

Abstract

Political parties serve as platforms for individuals before they are nominated for state office. State officials, in turn, carry a significant risk of engaging in corrupt practices. However, to date, there has been no case in Indonesia in which a corruption offense committed by a state official who is also part of a political party’s leadership has resulted in the political party itself being held criminally liable. Given the frequency of such incidents, this study seeks to contribute to law-enforcement efforts to prevent and address this issue, particularly when political parties benefit from the unlawful actions of their members or officials. In addition to a statutory approach, this research adopts conceptual and case-based analyses to reinforce its findings. The results indicate that, as legal entities, political parties can indeed be held criminally liable.
Co-Authors Choirunnisa, Novia Firmansyah, Ridho Negara, Puri Indah Sukma