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Priyanto, Bambang Budi
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Journal : Jurnal Indonesia Sosial Sains

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The role of the Corruption Eradication Commission (CEC) in carrying out its functions and authorities to eradicate corruption Priyanto, Bambang Budi; Santiago, Faisal; Arief Fakrulloh, Zudan
Jurnal Indonesia Sosial Sains Vol. 4 No. 07 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i07.857

Abstract

A clean government is a government that is free from the practice of Collusion, Corruption and Nopotism (CCN). Thus, the implementation of clean law and government must be supported by the participation of the community and / or community institutions through the function of control over the implementation of public government and development tasks in an effort to realize good governance. This research includes empirical legal research that uses primary data supported by literature research as secondary data. This research focuses on the function of the KPK's authority in eradicating corruption. The KPK in the Indonesian constitutional structure according to Law Number 19 of 2019 concerning Article 3 of the Corruption Eradication Commission, the Corruption Eradication Commission hereinafter referred to as the Corruption Eradication Commission is a state agency that has executive power that carries out the task of preventing and eradicating Corruption Criminal Acts in accordance with this Law. According to its function, the position of the KPK is equated with the Police and Prosecutor's Office. The KPK is still independent and free from any power. In this provision, what is meant by "any power" is a power that can affect the duties and authorities of the Corruption Eradication Commission or individual members of the Commission from the executive, judiciary, legislature, other parties related to corruption criminal cases, or circumstances and situations or for any reason.
Juridical Review of the Mechanism of Asset Return in Corruption as an Effort to Recovery of State Losses Priyanto, Bambang Budi; Santiago, Faisal; Isretno Israhadi, Evita
Jurnal Indonesia Sosial Sains Vol. 4 No. 08 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i08.858

Abstract

The criminal act of corruption is one part of a special crime, in addition to having certain specifications that are different from general crimes, namely with deviations from formal criminal law or procedural law. Corruption cases in this country still occur as if dominating crimes in Indonesia. This research is a descriptive analytical research, namely a study that presents phenomena or symptoms and actual circumstances about the mechanism of financial returns and / or state assets resulting from criminal acts of corruption. Law Number 20 of 2001 concerning the criminal act of corruption which in Article 18 is explained related to additional crimes as one of the efforts to recover State finances, Law Number 7 of 2006 concerning the Ratification of the United Nations Convention Against Corruption 2003 (United Nations Convention Against Corruption 2003) which explains that the seizure of assets of perpetrators of corruption crimes can be carried out through criminal and civil channels, Another regulation is Law Number 1 of 2006 concerning mutual assistance in criminal matters which is the legal basis for the Indonesian government in requesting and/or providing mutual assistance as well as a guideline for making agreements in criminal matters with Foreign Countries. In this case, the return of assets in corruption crimes can be carried out through several channels/instruments, including through criminal, civil and administrative channels.
Co-Authors Arief Fakrulloh, Zudan Faisal Santiago, Faisal Isretno Israhadi, Evita