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Journal : Jurnal Penelitian dan Pengkajian Ilmiah

Rekonstruksi fungsi pencegahan terjadinya tindak pidana korupsiPada bank badan usaha milik negara (bumn) Te’dang, Yonika Winner; Nainggolan, Marsudin; Kristiawanto, Kristiawanto
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 2 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Februari 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i2.958

Abstract

The function of preventing corruption crimes at SOE Banks has not been maximized so far. This is due to the lack of supervision and accountability carried out by the SOE Bank, which causes corruption crimes committed by the SOE Bank officers. The research method used by the researcher uses a qualitative research method where the data will be analyzed descriptively to explain the existing data and associate one data with another. The results of the existing research explain that so far the function of preventing corruption at SOE Banks is still not optimal because the implementation of supervision and accountability has not been carried out properly by the SOE Bank officers. As a result of the lack of a function to prevent criminal acts through supervision and accountability, it is very vulnerable to corruption crimes as has happened at Bank BRI Yos Sudarso Branch Office, Palangka Raya. The occurrence of corruption crimes committed by BRI Staff of Yos Sudarso Branch Office resulted in state losses so that the perpetrators must be given criminal penalties as stipulated in the Law on the Eradication of Corruption Crimes. Therefore, it is important to establish a reconstruction of the function of preventing corruption crimes at SOE Banks in the form of maximizing the implementation of supervision and accountability by the officers of the SOE Bank. By maximizing supervision and accountability, the prevention function can be carried out and corruption crimes in state-owned banks can be prevented and minimized
Pertanggungjawaban Pidana Pelaku Turut Serta Dalam Tindak Pidana Korupsi Penerimaan Suap Oleh Hakim Oktafianto, Wahyu Dwi; Kristiawanto, Kristiawanto; Nainggolan, Marsudin
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 2 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Februari 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i2.967

Abstract

The rise of criminal acts of corruption, especially in the world of justice, will certainly seriously harm justice for society. The judiciary, which should be a place for people to seek justice, has now become a transactional institution by a handful of certain individuals and the judicial mafia. The criminal act of corruption in accepting bribes by judges of course does not only involve the judge himself, of course it will involve other parties, namely those closest to him or those he trusts who both work as judges or civil servants and can even involve private parties. Therefore, these other parties must also be held criminally responsible for their actions, namely as participating perpetrators (medeplegen) by applying the doctrine of deelneming based on Article 55 paragraph (1) 1 of the Criminal Code (KUHP). This research is normative juridical research with a statutory approach, a case approach, a historical approach and a comparative approach and uses the theory of criminal liability and the theory of deelneming. In its development, there have been many different views for judges in deciding cases of participating perpetrators who do not have certain qualities as stated in the article in which they are charged. In the teaching of deelneming, what needs to be seen and proven is the role and action (actus reus and mens rea) of the participating actor, not looking at who or the quality of the participating actor. The expansion of inclusion or participation should be based on the concept of knowledge and agreeing which is not seen simply as evil thoughts or evil intentions (mens rea) of the perpetrator but is placed directly on the role and actions (actus reus) as a new form of deelneming or participation.