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All Journal JISIP: Jurnal Ilmu Sosial dan Pendidikan Journal of Law, Poliitic and Humanities Jurnal Teknologi dan Komunikasi Pemerintahan
Ismail, Audaraziq
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PENERAPAN VICARIOUS LIABILITY DALAM TINDAK PIDANA KORUPSI TERKAIT DENGAN DISKRESI PENYELENGGARAAN ADMINISITRASI PEMERINTAHAN Zulfa, Eva Achjani; Ismail, Audaraziq
Jurnal Teknologi dan Komunikasi Pemerintahan Vol 2 No 1 (2020): Jurnal Teknologi dan Komunikasi Pemerintahan
Publisher : Program Studi Teknologi Rekayasa Informasi Pemerintahan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33701/jtkp.v2i1.2300

Abstract

Discretion is used as a solution to deal with the problem of the principle of legality in terms of governance that is not regulated by law. On the other hand, discretion is relevant to corruption where the actions of state officials and corrupt government will hinder the achievement of state goals. Therefore, it is necessary to identify who is responsible for the misuse of discretion. In this article, we will discuss the implementation of vicarious liability in corruption related to the administration of regional government administration in order to effectively impose criminal sanctions on corruptors in the misuse of discretion in the context of administering government administration. Keywords: Criminal Liability, Corporations, Government Institutions
Digitalization as a Concept for Prevention of Criminal Acts of Corruption in Indonesia Against Vulnerability in Innovation Implementation at the Regional Level Ismail, Audaraziq; Mutiara Nelson, Febby; Wibowo, Basuki Rekso; Riyanta, Stanislaus
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1104

Abstract

This investigation aims to explore digitalization as a tool to prevent corruption at the local government level in Indonesia. A normative legal approach was used in this investigation, which analyzed secondary data, such as laws, regulations, and academic studies. This study indicated that digitalization had the potential to reduce the vulnerability to corruption by increasing transparency, accountability, and integrity in local government governance. By integrating e-catalogs and local government information systems, the government can create a tighter oversight mechanism for procuring goods and services. Several limitations in implementation are still to be found, including differences in infrastructure and technological readiness in various regions, which hinder the effectiveness of implementing digital policies in preventing corruption. This study concludes that a comprehensive and consistent digitalization strategy across all regions is essential to strengthening law enforcement and reducing corruption in Indonesia.
The Urgency Of Ratifying The Elimination Of Sexual Violence Draft Bill In The Perspective Of Criminal Law Ismail, Audaraziq; Zulfa, Eva Achjani; Yulianti, Lulu; Anggara, Matius Evan
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 5, No 3 (2021): JISIP (Jurnal Ilmu Sosial dan Pendidikan)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v5i3.2190

Abstract

Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many  regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many  regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.
Gugurnya Hak Menuntut Terhadap Korporasi Akibat Pailit Ismail, Audaraziq; Zulfa, Eva Achjani; Yutcesyam, Yutcesyam; Lazira, Fatiatulo
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 5, No 3 (2021): JISIP (Jurnal Ilmu Sosial dan Pendidikan)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v5i3.2191

Abstract

Prosecution is basically an action by the public prosecutor to delegate a criminal case to the competent District Court so that it is examined and decided by a judge in a court session. With regard to prosecution, Article 109 of the Criminal Procedure Code states that there are 3 reasons for stopping prosecution, namely that an event is not a criminal act, there is not enough evidence collected by investigators to prove the fulfillment of the elements in a criminal act and for the sake of law. The Criminal Code, First, with regard to the application of the principle of ne bis in idem. Second, if the Defendant dies, Third, Expires, Fourth, Settlement outside the court, Article 82 of the Criminal Code has described if an offense is threatened with a fine only, then prosecution can be avoided by paying the maximum fine directly. Against corporations, prosecution is limited by a number of provisions, in this case also including when the corporation is bankrupt. That as a result, if the entire corporate assets are included in the bankruptcy code, there will be a transfer of corporate licenses and an impact on the liquidation process. Thus, based on the provisions of Article 142 paragraph (1) of Law no. 40 of 2007 concerning Limited Liability Companies, the corporation is dissolved. Thus, the prosecution of the bankrupt corporation can be dropped.
Co-Authors Anggara, Matius Evan Eva Achjani Zulfa Lazira, Fatiatulo Mutiara Nelson, Febby Stanislaus Riyanta Wibowo, Basuki Rekso Yulianti, Lulu Yutcesyam, Yutcesyam