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Journal : Jurnal Hukum Magnum Opus

The Role of the Prosecutor's Office in Enforcing Anti-Corruption Laws within Local Governments: A Socio-Legal Perspective Purnomo, Cahyo; Fuad, Fokky; Suartini, Suartini
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i1.12079

Abstract

This study aims to analyze the role of the Prosecutor’s Office in enforcing anti-corruption laws within local governments from a socio-legal perspective. The research adopts a normative juridical method using a statutory and conceptual approach. Corruption is classified as an extraordinary crime that must be eradicated within society. In Indonesia, corruption cases are predominantly committed by local government officials. The enforcement of anti-corruption laws in Indonesia is primarily dominated by the Prosecutor’s Office. In this context, a socio-legal perspective is required to support the enforcement of anti-corruption laws. Law enforcement actions against corruption at the local government level constitute social actions that inherently involve socio-legal aspects, as they produce both positive and counterproductive social impacts. The role of the Prosecutor’s Office in enforcing anti-corruption laws within local governments must account for these social impacts. The findings of this study reveal that law enforcement against corruption generates diverse social outcomes. The positive impacts include increased support from the public, NGOs, and local governments for the law enforcement process. Such support typically arises when law enforcement actions are carried out transparently and in accordance with procedural norms. Conversely, counterproductive impacts include disruptions to local development programs, particularly when human resources in local governments become preoccupied or hindered by legal proceedings. Government officials often hesitate to assume strategic financial positions due to fear of legal repercussions, leading to stagnation in the execution of critical tasks, especially those involving state financial management.
Analysis of Interfaith Marriage Registration in Indonesia: A Review of Regulations and Judicial Practices Post- Supreme Court Circular Letter Number 2 of 2023 Nurdiani, Sari; Suartini, Suartini
Jurnal Hukum Magnum Opus Vol. 7 No. 1 (2024): Februari 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i1.10051

Abstract

Interfaith marriage has long been a reality in Indonesia's multicultural society. As experienced by celebrity couple Jamal Mirdad and Lydia Kandou, it has been a subject of debate among both the public and legal experts, illustrating the complexity of marriage laws in Indonesia. SEMA No.2/2023, was issued with the hope of ending the polemic, but it instead sparked controversy as it was considered inconsistent with the law, violating the principles of religious freedom and the constitutional rights of citizens and diversity. This research aims to understand the regulations regarding interfaith marriages in Indonesia and explore the court's practices in handling cases of interfaith marriages before and after the issuance of SEMA No.2/2023. A normative juridical research method is employed in this academic work, using two main approaches: the statute approach to examine relevant legal regulations and the analytical approach focused on data analysis and interpretation. The research findings indicate the need to harmonize and clarify the regulations governing the recording of interfaith marriages in Indonesia to put an end to the polemic. Although SEMA No.2/2023 was issued as a guide for judges in deciding on the recording of interfaith marriages, there are still court decisions approving applications for the recording of interfaith marriages after the issuance of SEMA.