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Penegakan Hukum Bagi Pelaku Suap Menyuap Dengan Modus Transaksional Dalam Penerimaan Calon Kepala Desa Kristin Doriana Simanjuntak; Amalia Syauket
Jurnal Kajian Ilmu Kepolisian dan Anti Korupsi Vol. 1 No. 1 (2024): Maret 2024
Publisher : Kajian Ilmu Kepolisian dan Anti Korupsi Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/qeqr2a26

Abstract

The criminal act of bribery corruption is committed due to transactions between the giver and recipient in exchange for money or as a kickback to speed up matters. Regarding law enforcement against perpetrators of corruption, bribery legally violates Article 12 letter a of Law No. 31 of 1999, amendment to UU No. 20 of 2001 concerning the Eradication of Corruption Crimes, the criminal penalties given are still too light, far from the expectations of justice for the community and do not optimize the effect. deterrent to perpetrators of bribery corruption in enforcing punishment. The purpose of this research is to find out bribery related to buying and selling positions which is a criminal act of corruption and to find out law enforcement against perpetrators of the criminal act of bribery related to buying and selling positions. This research uses normative juridical law which collects literature study data based on law by considering all relevant theories and rules related to bribery corruption with the types of primary, secondary and tertiary legal materials, concepts used by corruption, bribery and village head candidates. The results of the research concluded that buying and selling positions is a criminal act of corruption with transactions between the recipient and the giver using money as a means of transaction due to the lack of accountability and transparency in government and society. Therefore, in the future, the accountability system will be further cultivated by strengthening transparency in society so that criminal acts of corruption do not occur again.
Implementasi Nilai Kebangsaan Gotong Royong Dalam Konteks Bhinneka Tunggal Ika: Sinergi Pentahelix Anti Korupsi Amalia Syauket
Jurnal Kajian Ilmu Kepolisian dan Anti Korupsi Vol. 3 No. 1 (2026): April 2026
Publisher : Kajian Ilmu Kepolisian dan Anti Korupsi Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/5w5t9t75

Abstract

This study aims to analyze the threat posed by online scamming–based human trafficking syndicates operating in Myawaddy, Myanmar, to Indonesia’s national security. The research employs a qualitative descriptive-analytical approach, utilizing primary data from semi-structured interviews with repatriated Indonesian victims and representatives of relevant institutions, as well as secondary data from international organization reports and scholarly literature. The analysis is based on Hank Prunckun’s (2019) Threat Assessment and Vulnerability Assessment framework. The findings indicate a total threat coefficient of 18.0 (high category), driven by the syndicates’ strong desire and expectation to sustain and expand their operations, supported by acute capabilities derived from advanced knowledge and transnational resources. Meanwhile, the total vulnerability score reaches 13 (acute category), influenced by economic pressures, low levels of digital literacy, the normalization of online recruitment practices, and gaps in crossborder   oversight. From a national security perspective (Barry Buzan; Law No. 17 of 2011; Wantannas), this threat is classified as a multidimensional non-traditional threat affecting human security, political and diplomatic security, social and economic stability, as well as cybersecurity and information security.  
Counter-Terrorism In Indonesia From The Perspective of The Human Security Approach Brurry Hariyanto; Ramlani Lina Sinaulan; Amalia Syauket
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5396

Abstract

Terrorism constitutes a multidimensional threat that not only disrupts state security but also endangers human rights, public safety, and societal well-being. Research on counter-terrorism in Indonesia has largely focused on state security approaches and law enforcement effectiveness, while comprehensive analyses from a human security perspective remain relatively limited. Addressing this gap, this study offers an analysis that integrates the human security paradigm as a framework for evaluating the effectiveness of Indonesia's counter-terrorism policies. The study aims to analyze the conceptualization and implementation of the human security approach in counter-terrorism efforts and to evaluate policy effectiveness based on parameters such as personal security protection, respect for human rights, community empowerment, and the sustainability of human security. Employing a normative legal research method, the study utilizes statutory and conceptual approaches, with data analyzed qualitatively through a literature review. The findings indicate that Indonesia's counter-terrorism policies have evolved through the strengthening of regulations, institutional frameworks, and prevention and deradicalization programs. However, when assessed against human security parameters, implementation remains predominantly oriented toward state security rather than comprehensive human protection. Therefore, policy strengthening is required to integrate state security and human security approaches, ensuring that counter-terrorism efforts are not only effective in maintaining national security but also capable of guaranteeing human rights protection, bolstering community resilience, and achieving sustainable security.
Synergy Between Civil Service Investigators at the Natural Resources Conservation Agency and Indonesian National Police Investigators in Law Enforcement Against Pangolin Scale Trafficking Susi Tutri; Amalia Syauket; Lusia Sulastri
Asian Journal of Social and Humanities Vol. 4 No. 11 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i11.770

Abstract

West Kalimantan, a region characterized by extensive forest areas and high biodiversity, faces a serious threat from the illegal trade of pangolin (Manis javanica) scales. Law enforcement in the conservation sector involves two investigative institutions, namely Civil Servant Investigators (Penyidik Pegawai Negeri Sipil; PPNS) of the Natural Resources Conservation Agency (Balai Konservasi Sumber Daya Alam; BKSDA) and Indonesian National Police Investigators (Penyidik Kepolisian Negara Republik Indonesia; Polri), which operate within a coordination and supervisory relationship (koordinasi dan pengawasan; Korwas). This study aims to analyze the synergy patterns between the two institutions in investigating criminal acts related to pangolin scale trafficking and to identify obstacles that hinder the effectiveness of such cooperation. The research employed normative legal research (yuridis normatif) with a qualitative approach based on a literature review of primary, secondary, and tertiary legal materials. The collected data were analyzed descriptively and analytically using the legal hermeneutics method. The findings indicate that although the regulatory framework, particularly Law No. 20 of 2025 concerning Criminal Procedure Law and Law No. 32 of 2024 concerning Natural Resources Conservation Agency (Konservasi Sumber Daya Alam dan Ekosistem; KSDAE), clearly regulates the division of functional roles, its implementation in practice remains constrained by sectoral egos, differing interpretations of criminal elements during the P-19 stage, limited forensic resources, and geographical barriers in border areas. This study recommends strengthening the Korwas function, implementing joint investigation training based on asset tracing approaches, enhancing digital forensic infrastructure, and developing permanent operational protocols for institutional synergy to achieve legal certainty and ecological justice.
Harmonization of Mining Laws Post-Centralization in the Implementation of the Regional Action Plan for Mercury Reduction and Elimination (RAD-PPM) in West Kalimantan Province Herbin Mardongan Sihombing; Laksanto Utomo; Amalia Syauket
Asian Journal of Social and Humanities Vol. 4 No. 11 (2026): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v4i11.771

Abstract

This research is motivated by the centralization of mining affairs from regional to central government under Law No. 3 of 2020 on Mineral and Coal Mining, creating a legal gap in West Kalimantan Province. The region remains burdened with obligations to implement the RAD-PPM under the Minamata Convention Ratification (Law No. 11 of 2017) to mitigate impacts of Artisanal and Small-scale Gold Mining (PESK/PETI), while licensing control and operational supervision have been entirely withdrawn to the Central Government. This study analyzes the juridical harmonization of this gap and formulates strengthened Forkopimda governance to address obstacles in ecological supervision of community mining. The method used is normative-empirical legal research with a qualitative approach, employing Statutory Approach, Content Analysis, and Sociological Jurisprudence through interviews with the West Kalimantan DLHK, Mining Inspectors, and civil society organizations, analyzed using the Theory of Authority and Soerjono Soekanto's Theory of Legal Effectiveness. Results show that centralization triggers a norm antinomy and regulatory vacuum in operationalizing RAD-PPM, necessitating vertical delegation of remaining authorities. Overcoming multidimensional barriers limited infrastructure, budgets, and miners' dependence on mercury requires strengthening Forkopimda as an integrative harmonizer, ensuring law enforcement is not merely repressive but also accommodative toward legalizing People's Mining Areas (WPR) and non-mercury technology substitution for sustainable ecological justice.
Implementation of the principle of Transparency Good Governance as an Effort to prevent & overcome Judicial Corruption in Judicial Institutions Amalia Syauket; Ali Johardi Wirogioto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.3755

Abstract

Anyone who has ever dealt with a case in court will immediately feel and know that judicial corruption exists and is a reality that even tends to increase and become bolder. A series of empirical cases involving judges in the vortex of judicial corruption. Judicial corruption in judicial institutions to date has fundamentally and will continue to threaten the existence of law in society and the Indonesian rule of law because judges are one of the law enforcers. the purpose of this study is to analyze efforts to prevent and overcome juridical corruption. This research is included in a qualitative approach using secondary data. The results of the study state that efforts to prevent judicial corruption by judicial institutions are carried out by optimizing information technology in court administration which is the principle of transparency of good governance, while efforts to handle it through increasing the institutional capacity of the Judicial Commission strengthen by adding authority to the prevention aspect of supervision of judges' behavior through improving the system and organization within the judicial institution which is the principle of government effectiveness. The Judicial Commission is a watchdog institution that acts as a catalyst institutionally and organizationally.
SOCIAL PERMISSIVE REASONING AS INHERITED POVERTY (CRITICAL VIEW OF A POLITICAL DYNASTY PRONE TO CORRUPTION) Amalia Syauket; Nina Zainab
Lex LATA Vol. 1 No. 3 (2019): November 2019
Publisher : Fakultas Hukum Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/lexl.v1i3.562

Abstract

Political Dynasty and Corruption are like two inseparable things. In Indonesia, political dynasty has been growing since the era of reformation, right after the implementation of regional autonomy system which enables the continuation of local politics succession directly. At 2018 regional election, there were five provinces with candidates from political dynasties such as: Banten, South Sumatera, West Java, East Java, and West Kalimantan.As a causality relation, corruption is the outcome and permissive behavior is the cause. In the Province of Banten, corruption occurs due to the permissive behavior stemmed socially ad structurally in the society. One of the influence of the permissive behavior towards corruption is the level of education. The lower it is, the higher the level of poverty, thus more permissive they are towards corruption, as well as the society’s lack of knowledge about negative effects of political dynasty. The people in Banten seems don’t fully acknowledge that political dynasty is degrading the essence of democracy and prone to corruption practice. In 2016, Banten helds sixth position in Indonesia in their level of poverty, and the second lowest in Java. Based on statistical data, until 2017 the amount of people with poverty in the cities and rural areas has increased.This research used qualitative research method in explanative manner, where the target of this research was to explain the social permissive reasoning phenomenon in the society of Banten as an inherited poverty of a political dynasty which prone to corruption, with several facts that supported data and research analysis which can be used to understand issues derived from such phenomenon.