Nirahua, Salmon Eliazer Marthen
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Journal : PATTIMURA Legal Journal

Kewenangan Penetapan Kerugian Keuangan Negara Dalam Tindak Pidana Korupsi Seleky, Adolop; Nirahua, Salmon Eliazer Marthen; Corputty, Patrick
PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (774.036 KB) | DOI: 10.47268/pela.v1i1.5928

Abstract

Introduction: The laws and regulations in force in Indonesia have given the BPK the authority to determine and determine state losses which are the basis for investigating corruption by investigating agencies, both the Prosecutor's Office and the Police. Purposes of the Research: To examine the authority of state institutions in determining losses as the basis for investigating corruption crimes. Methods of the Research: The type of research used in this paper is normative juridical research, which is also called doctrinal research. Results Originality of the Research: The results of the study indicate that the Government Internal Supervision apparatus including BPKP according to the legislation does not have the authority to determine state financial losses as the basis for investigations by investigating agencies in corruption. The results of the determination of state losses carried out by the Government Supervision Apparatus in this case the BPKP are often used as the basis for investigating criminal acts of corruption. This will raise the question of the validity of government actions carried out by the investigative apparatus, both the Prosecutor's Office and the Police in the investigation of criminal acts of corruption
Kriminologis Terhadap Tindak Pidana Korupsi Dana Desa Tirande, Darwis; Nirahua, Salmon Eliazer Marthen; Toule, Elsa Rina Maya
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (794.768 KB) | DOI: 10.47268/pela.v1i2.6435

Abstract

Introduction: Criminology makes a very large contribution to criminal law, by revealing the factors that cause corruption Purposes of the Research: This research also aims to, first; Analyze and explain the factors that cause corruption in village funds in Maluku, secondly; Analyze and explain efforts to overcome corruption in village funds in Maluku. Methods of the Research: The type of research used is normative law research using a statutory approach (Statute Apporach), conceptual approach (Conceptual Apporach) and case approach (Case Apporach). While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Results Originality of the Research: Based on the results of the study, the factors causing the occurrence of corruption in village fund funds were caused by various factors including regulatory factors that gave broad authority to village heads in managing village funds, as well as village heads who did not know how to manage village funds properly so that ignorance led to what they are doing without realizing that it is a criminal act of corruption and lack of community participation in controlling the management of village funds, therefore the effort that must be made is to carry out preventive efforts as a preventive measure by recognizing the modus operandi, training by the village head and improving personality to villages and improve the community environment so that they participate in supervising village funds, while repressive efforts are to prioritize law enforcement and provide guidance to village heads who have committed criminal acts of corruption
Pertanggungjawaban Pidana Terhadap Jabatan Dalam Tindak Pidana Korupsi Pengadaan Barang Dan Jasa Miru, Grazia Vione; Nirahua, Salmon Eliazer Marthen; Wadjo, Hadiba Zachra
PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i2.8602

Abstract

Introduction: The element of “abusing authority” is a core part of the corruption offense. Purposes of the Research: Abuse of authority is a form of unlawful act. Methods of the Research: The method in this study was carried out using the type of research used was normative legal research. The approach to the problem used in this paper is a statutory approach. The sources of legal materials use Primary Legal Materials and Secondary Legal Materials. The technique of collecting legal materials uses statutory regulations, books and the internet, which is also the technique of managing and analyzing legal materials using qualitative analysis methods. Results of the Research: In terms of carrying out the duties and authorities as a definitive official as well as a task-carrying official in the Southwest Maluku district communication and information office, the actions of an official based on the authority attached to his or her position are not necessarily free from legal problems. In order to continue the Runway construction work (Moa airport construction work) sourced from the 2012 Fiscal Year Budget, the defendant PM as a Budget User (PA) and as a Commitment Making Officer (PPK) because his negligence resulted in state financial losses
Penerapan Disiplin Pegawai Negeri Sipil Di Pengadilan Negeri Ambon Ely, Hesty Kusumaningsy; Nirahua, Salmon Eliazer Marthen; Pattipawae, Dezonda Rosiana
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i3.10678

Abstract

Introduction: The position of civil servants has a strategic role in governance. Civil servants as an instrument of government are very central because they carry and carry out components of government regulations and policies to realize the goals of the state. In order to effectively prevent the occurrence of irregularities in the implementation of duties or violations of the behavior of court officials, it is necessary to carry out continuous supervision and guidance by each direct superior to his subordinates. Purposes of the Research: to review and analyze the implementation of Government Regulation Number 94 of 2021 concerning Discipline for Civil Servants at the Ambon District Court. Methods of the Research: normative juridical research, namely a research in the field of law that aims to examine legal principles, legal principles and legal systematics. The legal materials used are primary legal materials and secondary legal materials. The problem approach used in this study is the statutory approach, and the conceptual approach. Results of the Research: Discipline violations are any words, writings, or actions of civil servants that do not comply with their obligations and/or violate the prohibition of civil servant disciplinary provisions. In November 2021 one ASN PN Ambon disobeyed obligations and violated the prohibition on civil servant disciplinary provisions both carried out inside and outside working hours by using Office Cooperative money and other deductions that were taken intentionally to be used to play online gambling and used to fulfill needs the day-to-day family according to the reasons conveyed by the civil servant, the husband of the civil servant stated that the money taken by his wife was not to meet the daily needs of the house.